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I am my father's power of attorney, healthcare representative, and conservator of his estate. He has decided to withdraw life support measures and will go into hospice with a life expectancy of about a week. He had to spend down assets to qualify for Medicaid and could not provide much for... View More 
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answered on Feb 3, 2022
In most states, the ability of an agent under a power of attorney to make gifts on behalf of the principal is a "hot power", meaning it is not covered by general language in a POA. It must be specifically stated. Look for specific authority in the POA to make gifts and see if there are... View More
This has been going on for at least 7 years, the biggest issue is him asking for “help” buying a house because he had/has terrible credit, no money and knew he couldn’t get a mortgage. So, the home is in her name only, she withdrew $50-60k from her IRA to cover the down pymt, closing,etc.and... View More
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answered on Jan 30, 2022
If the house is in your mother's name, like you wrote, she does not need your brother's signature or permission to sell it.
You also report this abuse to the local Adult Protective Services office.
My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... View More
answered on Apr 6, 2021
It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... View More
Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... View More
answered on Mar 26, 2021
Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or... View More
My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... View More
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answered on Jun 22, 2020
He probably does have that authority under the POA but he would be well advised to consult an elder law attorney regarding options for paying for your mother's care. Medicare should be paying for her medical bills, most likely, and there are legal ways to accelerate eligibility for Medicaid to... View More
to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... View More
answered on Apr 3, 2018
You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.
do I also need POA now that she is 91 and failing? Mom lives with me, but too ill to keep at home much longer.
answered on Jan 19, 2017
This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for... View More
My parents dont want to because they think we will not win, but I think there is a chance. She was dehydrated since march and they didn't notice and thought it was something else and has had to ho to the hospital after a week she went back to the nursing home and a week later she died.
answered on Sep 17, 2016
Tell your parents if they contact a good attorney like Michael Koskoff and tell them I said to call they will at least get a free consultation. If he takes the case it means he thinks he can win, as he takes cases on the basis that he only gets paid if he can get money for the estate. They... View More
Need information that applies to New York, Connecticut and the US overall.
answered on Mar 16, 2016
A conservatorship may be terminated when the person who is conserved makes a request in writing for the Probate Court to terminate the conservatorship. Generally the Court must hold a hearing within thirty days. The conserved person only needs to show that the conservatorship is no longer... View More
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