Get free answers to your Elder Law legal questions from lawyers in your area.
Im a recipient of the Indiana A&D Waiver & am aware the Provider is making fraudulent claims for services not being provided. I'm unable to get the Assisted Living facility nor the Fssa Office who are compensated to oversee & case manage these concerns, neither providers will... View More 
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answered on Sep 13, 2024
It sounds like you’re facing a frustrating situation with your provider and the lack of transparency around the charges and services. You have every right to understand what you’re being billed for, especially when you suspect fraud. Providers and case managers are supposed to be accountable... View More
My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More
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answered on Apr 17, 2024
In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More
They are trying to put her in nursing home without notifying my husband.
Also they are trying to take her money out back
And sell her property. They are trying to keep it hush. Can they put her in home without his consent. Again he is only child.
Because while she was in... View More
answered on Sep 14, 2021
Unfortunately your question is not clearly enough posed to give any type of substantive answer. It might be a good idea to sit down with an experience probate or family attorney, to discuss your case in detail and get the answers you are looking for.
My husband and I have no children. We are each other’s executors. So clearly, one of us won’t have an executor. This isn’t a problem to us as we have agreed to leave anything left over in our estate to charity. But in the state of Indiana, there is a requirement of Authorization needed before... View More
answered on Jun 5, 2021
This is always a difficult question. It is not really a question of law. It really is having people in your lives that you trust. Sometimes clients in your situation look to friends, more distant relatives or trusted professionals, like a CPA or attorney who you can trust. Really, your wills,... View More
answered on Mar 10, 2021
If someone made innocent errors in filling out a check, it would not generally be considered crime. If the errors were material and they were deliberately made with the intent to deceive the payee or to deceive the financial institution, those could amount to crimes, depending on applicable... View More
Father set up annuity/trust, not sure which, leaving all of parents cash to sister. This was done just prior to father passing and while mother was still alive and living in nursing home in Indiana. I am a disabled adult child, disabled at age 35. Mother has since passed. Thank you!
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answered on Feb 26, 2020
If your mother was in a nursing home while your father was alive, it is possible that her care was being paid for by Medicaid, which is needs based. It would have made perfect sense for your father to bypass your mother in his estate planning so as not to disqualify her from continuing to receive... View More
Medicaid sent a letter to recover from my deceased mother's estate. Mom spent 3 years in a nursing home, with Medicaid paying all but the last year of her life, which she paid for. My sister receives SSDI and is disabled. Does this prohibit medicaid recovery in Indiana?
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answered on Feb 12, 2020
If the decedent is survived by a child of any age who is blind or permanently and totally disabled, Medicaid recovery is delayed until said child dies or regains ability (though the latter is rare).
We are trying to clean up the place for household auction and possibly rent the house. There are 2 executors with total if 4 heirs. We think she is hiding goods she wants or from someone that wants a certain item. This executor is homeless usually. Our lawyer is not helping us. What can we do?
answered on May 21, 2019
You should consult with another probate attorney to discuss your concerns if your current one is not listening or dismissing your concerns.
Can i assign durable financial POA with alternate but a shared medical POA between my three daughters?
answered on Jan 8, 2019
Yes. You can have as many POAs as you'd like, financial or medical. They can be different people, with different powers and different responsibilities. For example, you can choose to have only one financial POA, but choose to have several medical POAs that have to make joint decisions and... View More
My mother is still living. The court to petition is in Bedford, Indiana.
answered on Nov 29, 2018
You cannot contest a will before the person has passed. Your mother could voluntarily change the appointment of the executor at any time and make the point moot. You also need to have standing to challenge the nominated executor, as well as having an actual legal issue to challenge the nominated... View More
He wants to move back to Tennessee. She said no
answered on Mar 26, 2018
A Power of Attorney is freely revocable by the authorizing principal. The agent or attorney in fact has no authority to say 'no' to a revocation. Further more an agent or attorney in fact does not have control over the principal.
Contact an estate planning or elder law attorney... View More
He was arrested for leaving the scene of an accident. My husband bailed him out. If they don't drop the case, do I take his ashes so he's present? I mean what do they logically expect from us now? His 2nd court date was this morning and they're "undecided" at husband's last contact.
answered on Jan 16, 2018
Send them a copy of the death certificate. Leave it be--they can't arrest the dead.
Since i got the car because of the medicade spend down it is technically moms car. How, wothout drama can i get this car registered to me? Cant i just buy it from mom for a dollar? My sister, the P.O.A. seems to think it will involve lawyers and money???? Cant it be easy?
answered on Aug 2, 2017
Handling a Medicaid spend down is no joke and very few lawyers practice in the area due to its complexity. You should not attempt to do this on your own without legal guidance as that could result in penalties. Consult with an elder law attorney in your area that handles Medicaid issues.
answered on Oct 1, 2016
If you are conducting a business in your home, talk to your insurance agent about getting a rider on your homeowners policy.
We are experienced caregivers but wonder about repercussions from a fall or injury to my mother in law.
answered on Apr 28, 2017
I'm not sure how you'd be held liable for anything here if you're taking care of your daughter's mother. Forming an LLC seems like a bit much.
answered on Aug 26, 2011
it depends on the terms of the guardianship but either way the person should have to account for it. you are welcome to call our ken wilk and over the phone he should be able to answer any specific question. there is no charge for just calling.
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