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West Virginia Elder Law Questions & Answers
0 Answers | Asked in Elder Law and Family Law for West Virginia on
Q: Who is responsible to care for an elderly parent with Dementia and no spouse.

My wife and myself care for my wife's mother. She has Dementia and requires 24 hour care. There are four other siblings but they refuse to help. My wife had to quit her job to care for her Mom and we have lost all that income. It's been two years without a break. Can I force the other... View More

1 Answer | Asked in Estate Planning and Elder Law for West Virginia on
Q: What happens to funds from an inheritance check, made out to the principal of a POA, that was deposited into POA account

As my grandmother’s POA, If I opened a savings account, solely in my name,

(to be used for her medical expenses/personal care items)

& deposited an inheritance check made out in my grandmother’s name; what happens to the funds remaining in account after she passes?

Nina Whitehurst
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answered on May 19, 2024

I would caution you against depositing a check made payable to your grandmother into an account that is in your name. That will look very much like theft or conversion. And that is the case even if you really only do use the money for your grandmother’s benefit. It is very risky for you.... View More

2 Answers | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for West Virginia on
Q: Can I ask for proof of documents of someones role of being appointed power of attorney?

How should someone go about asking for this or even a living will?

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2022

A West Virginia attorney could advise best, but your question remains open for three weeks. As a general practice nationwide, in most instances it's simply a matter of asking to see them. I have not had experience with them in settings involving living wills, but in general litigation, I ask... View More

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1 Answer | Asked in Elder Law and Estate Planning for West Virginia on
Q: How do I protect my assets from Elder care professionals?

I want to get information about estate planning.

Nina Whitehurst
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answered on Sep 5, 2019

Your best bet is to call an elder law attorney in your area and tell him or her that you are interested in pursuing Medicaid pre-planning.

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