However, inherited 1/4 of a parcel of non-home land and 1/8 of home he has been living in prior to entering nursing home. Medicaid considers the perceived value of that 1/4 in considering monthly income! How can this be removed from his countable assets? Can one of the other 3 owners buy his... Read more »
One of the other 3 owners, or anybody else for that matter, can buy your brother's share. Medicaid will expect the purchaser to pay 1/4 of the tax appraised value. Be aware, though, the cash paid for purchase will also be considered an asset or resource for Medicaid. If the purchase proceeds...Read more »
I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank... Read more »
I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may...Read more »
My 92yo mother is in my care now, as my sister.. her POA has not been taking appropriate care of her. She has dementia, and is unwilling to use my mothers social security to help provide sitters for care..she is a total care patient. I am 75yo and need help. The courthouse said i could look online... Read more »
Some probate courts have forms and code information online. I would look at some of the larger counties such as Montgomery or Mobile. On the POA, it all depends on the language in the document. Generally, the person that granted the POA is the one that files to have it revoked but in this...Read more »
Her father turned in his BMW as a trade in as well. Her father is not of sound mind and the dealership will not allow them to return the truck and refuses to give their money back. They tacked on an extended warranty even though it came with a warranty because it was brand new.
You can certainly consult with an attorney about various civil remedies, however, there are various new "elder abuse" statutes on the books in Alabama and some may apply to this situation. It is a crime to take advantage of an elderly, incapacitated individual. Your friend may want to file a...Read more »
I am not sure if you have a specific question, but when there are incidents of physical, emotional or financial abuse of seniors (or any adult for that matter), there are resources for assistance. The first is law enforcement and if you witness physical abuse, you can call the police and file a...Read more »
Your question is a common one, but unfortunately it is not simple. First, it would be worth the time, effort and expense to consult with a legal or financial advisor about this decision and how it specifically affects your parents. It could have unintended consequences and ramifications extending...Read more »
If your mother needs to qualify for Medicaid (assuming she does not have the resources to pay for nursing home care), then you would need to repay the funds if she needs to qualify for Medicaid. It’s all related to the Medicaid “transfer penalty.”
Cases of neglect are incredibly fact specific and there is no bright-line test as to what constitutes neglect. Speaking generally, if someone is concerned that an elderly adult is being neglected, there are three basic options:
1. Contact local law enforcement. There are several new...Read more »
I am sorry about your family's loss. Alabama directs where assets pass in the event someone dies without a Will. The assets pass to an individual's next-of-kin under Alabama law. The next-of-kin depends on the particular facts of the family:
I recently received notice from a local bank that they have an old judgement against me and my late husband but I do not believe that I owe it and do not recall signing the papers. I have repeatedly requested all documentation supporting the balance and judgement. But they simply ignore me and... Read more »
I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.
Speaking in general terms only, a surviving spouse would have an interest in the home of a deceased owner, as the surviving spouse would have an interest in the estate. However, depending on the family situation and the value of the home it may not be a complete 100% interest. For example, if a...Read more »
My grandfather just had a stroke and is in rehab. My grandmother is still at home. They owe nothing on anything they own ( house, 35 acres of land, cars ect.) They currently have Medicare and Humana but if my grandfather doesn't improve he will be admitted into a nursing home and have to apply for... Read more »
I would caution you to consult with an elder law attorney, especially before making transfers. As you may know, should your grandfather require long-term nursing home care, Medicaid is an option (but only if his assets are at a certain level). In addition, any transfer of assets in the preceding...Read more »
You are sending a mixed message here. You say he was committed. That is a judicial process wherein he appeared before a judge and had an attorney appointed to represent him. That can be undone if it can be shown that he has regained his mental facilities. I don't understand what that has to do with...Read more »
Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her services as she...Read more »
Speaking generally, if a person holds a power of attorney over an individual, they owe that individual a duty of care to perform acts in that individual's best interest. When other people feel they are not fulfilling that duty there are several options for recourse:
My Mother has a bad heart and I fear for her life. My niece is a drug addict and unstable she stabbed my Mothers mattress but the police say they can not use that because Mother let her move back in afterwards.My mother is 77 and it takes so long to evict someone I fear Mother will not make it.
You take her to court on behalf of your grandmother -- assuming your grandmother is incompetent mentally. The relative is personally responsible for his or her misconduct as an agent under the Power of Attorney.
Not always. You can continue to have your home in many circumstances. For example, the spouse of the person in the nursing home can continue to remain in the home for his or her life. If there is a reasonable possibility that the person in the nursing home will recover and return to live in the...Read more »
My brother has end stage renal failure and won't take his medicines. His home is littered with cat feces, medical waste, and dirty clothes and dishes. Can he be declared incompetent? He goes to dialysis, but leaves before treatment is completed.
This doesn't sound like a case where you can have your brother declared incompetent. Even if declared incompetent, he would be released from the psychiatric facility in short order. There is not a good legal solution to this situation. In today's world, the best you can do is to try to handle...Read more »
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