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Maryland Elder Law Questions & Answers
0 Answers | Asked in Elder Law and Health Care Law for Maryland on
Q: Can an entrance fee be refunded, within 2 weeks of signing for care, if resident was not receiving agreed upon care?

Within first 2 weeks of moving into an assistant living dwelling, well documented, egregious fails of agreed upon care occurred repeatedly, forcing the "subscriber" to move to another facility. Can any portion of the "non-refundable" entrance fee be returned?

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: What if a General Power of Attorney document was notarized but later found there were not two witnesses on the document?

My mother, now 98 years of age, submitted a General Power of Attorney form in 2013 and the bank officer notarized it. Now it is not accepted as Verification of Receipt of Benefits because it "does not explicitly authorize the attorney in fact to handle retirement transactions and additionally... Read more »

Mark Oakley
Mark Oakley
answered on Oct 10, 2022

Maryland law requires that any POA executed on or after October 1, 2010, be notarized and witnessed by two persons in the presence of each other and the principal of the POA. However, a Notary Public can act as one of the two witnesses, so you might argue that one witness plus the Notary is... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: My mother passed in March my sister in law was power of attorney until her passing mom had no will

No executor of her estate my brothers and I haven't spoken since her passing how do I find out if they filed her estate in probate court.

Scott Scherr
Scott Scherr
answered on Oct 4, 2022

I am sorry for your loss. You can check online here:

http://registers.maryland.gov/main/search.html

1 Answer | Asked in Elder Law and Estate Planning for Maryland on
Q: A relative of my elderly mother is trustee. He has been using funds personally but says she will run out of money.

He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills,... Read more »

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a... Read more »

1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Maryland on
Q: For medicaid payments for my dad, can my disability be used shelter his savings? Where can I find written info?

My dad's in his late 80's in NY. If he needs medicaid to pay his care, can my disability (I'm on SSDI), age 60 in MD) be used to pass his savings to me, so our family can keep it? Is it just an exemption for a house or for other assets too?

Where can I find the gov'ts... Read more »

Mark Oakley
Mark Oakley
answered on Aug 25, 2022

Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Do i have to respond to a discovery request while im in the middle of switching lawyers
Mark Oakley
Mark Oakley
answered on May 17, 2022

The procedural rules do not have an exception in their time deadlines for switching lawyers. Written discovery responses are due 30 days after service of them upon you. That said, the discovery deadlines in most cases in circuit court can encompass a 4-6 month range, and it is common for parties... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: My sister is a personal guardian appointed by the court for an elderly with dementia- however she is also advancing age

She wants to be relieved from the guardianship - how do you go about it?

Mark Oakley
Mark Oakley
answered on Apr 26, 2022

She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Maryland on
Q: Funeral expenses are paid shortly after a X's death by Y who is not beneficiary or administator. Can

Y, who is not a beneficiary or administrator, claim as a creditor against estate?

Mark Oakley
Mark Oakley
answered on Feb 1, 2022

Yes, Y is a creditor of the estate and may file a claim for funeral expenses paid. Y should submit a formal claim together with the invoices/receits showing the amounts incurred. If the Personal Representatve fails to pay or denies all or part of the claim, Y can petition to court to order the PR... Read more »

1 Answer | Asked in Elder Law and Gov & Administrative Law for Maryland on
Q: I failed the road test 3 times in Maryland Driver Re-examination. How can I get another road test?

I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... Read more »

Mark Oakley
Mark Oakley
answered on Jan 8, 2022

A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Maryland on
Q: I'm being accused of elderly abuse of my mother, only because I will no send thousands of dollars out for free. What now

He husband passed Oct 16, 2021 Now he's gone, I'm the bad one because I won't send 20,000 dollars immediately after his passing

Mark Oakley
Mark Oakley
answered on Nov 4, 2021

If you are being charged with a crime by the police or prosecuting authorities of the state, hire a criminal defense lawyer. If some family member or other person is just accusing you of elder abuse but is not an authorized representative of the State or local government having authority over... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: What if my husband is in a facility

What if my husband is in a facility

Mark Oakley
Mark Oakley
answered on Sep 25, 2021

You need to be more specific as to what your concern or issue is. What about your husband being in a "facility" (medical facility? prison? mental health hospital?) causes you to need advice about what to do?

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Hi. For three years I moved into my mom's house and took care of her. Wondering what my rights are as one of four.

I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 5, 2021

Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: My Dad died in Jan 2021 & owned a home in MD, with no estate. No other accounts or income.

From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 29, 2021

Under federal income tax law, the tax basis of your father is "stepped up" to fair market value on his date of death. That is the basis you would use to determine capital gains, if any.

So for example, if you dad purchased his house for $75K in 1995, and when he died in January...
Read more »

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1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: I have a joint account with my father, he is requiring nursing home stay, can they deplete the account?

I was just informed that the c0-pay for the nursing home will be $170 per day. We have about $8000 in the account. Can they take all the money in the account?

Mark Oakley
Mark Oakley
answered on Apr 22, 2021

Depends on the original source of the money, and when your name was put on the account. I assume your father needs to qualify for Medicaid to pay the nursing home care, and to do so Medicaid requires that your father use his own assets until he has paid down to the level necessary to receive... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Maryland on
Q: Can my brother (Executor of my mother's estate, and my sister create a contract of sale for our family home without me
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 15, 2021

Assuming the "family home" is in the probate estate, then yes, a Personal Representative of an estate can usually sell the property without getting permission from other family members. However, the Personal Representative must report the sale to the court and get the court to sign off... Read more »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Maryland on
Q: Can I submit a claim for hospice caregiving services rendered by me against my mother's estate in probate

if my siblings authorize and agree to it?

Richard Sternberg
Richard Sternberg
answered on Mar 11, 2021

If all interested parties agree that you should be paid, you should be able to work it out as either a claim or a partial renunciation. This is a matter to be discussed with the personal representative or the lawyer.

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1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Am I legally able to make a claim against my mother's estate for caregiver services

rendered solely by me that was necessary for 'at home hospice care' the last 6 months of her life with verified and supported documentation?

Mark Oakley
Mark Oakley
answered on Mar 11, 2021

Without proof of an agreement/contract for compensation as a caregiver, Maryland law treats all services such as these provided to a family member as having been natural gifts of familial love and caring, without any right of reimbursement for your labor or time. If you were required to expend... Read more »

1 Answer | Asked in Elder Law, Libel & Slander and Nursing Home Abuse for Maryland on
Q: I was involuntarily discharged skilled nursing. While I was getting emergency care

They are refusing to send paperwork to another so I can go to another

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2021

I'm sorry this happened to you. A Maryland attorney could advise best, but your question remains open for a number of weeks. As a GENERAL matter nationwide, patient discharges are often one-sided decisions. The patient may have certain recourses such as appealing or working with a... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Maryland on
Q: How do prove that a wife did not sign or agree to a document that relinquished her rights to her husband’s estate.

In maryland

Richard Sternberg
Richard Sternberg
answered on Dec 30, 2020

It depends on the facts, but one might look to the provenance of the signature using a handwriting expert or the circumstances of the signing. I had one case where the signature was attacked by investigating the notary seal, which turned out to be forged. There are many sets of facts, and it is the... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: How many signatures are required for an agreement paper between husband and wife later inserted as part of a will?

In maryland

Mark Oakley
Mark Oakley
answered on Dec 30, 2020

A lawyer would have to look at both documents. A will requires two witnesses, and agreement can be signed by just the parties to the agreement. The will would have to specifically reference the agreement if it was to be given effect in place of or as part of provisions in the will.

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