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Alabama Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Alabama on
Q: Have an elderly brother in nursing home needs to qualify for medicaid (no individual assets and meets income limit)

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 »

Norma McCord Wells
Norma McCord Wells answered on Feb 7, 2020

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 »

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: In Alabama, what does the DR stand for in Case number DR2019-77
Jack T. Carney
Jack T. Carney answered on Jan 20, 2020

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Alabama on
Q: Both my parents passed away this year. In their will I am to inherited their home which has a $40,000.00 mortgage.

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 »

Jack T. Carney
Jack T. Carney answered on Dec 16, 2019

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 »

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: Where can i find online the AL codes/doc to file a conservatorship &codes to file for revocation of demented mothers POA

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 »

Frank Truncali
Frank Truncali answered on Apr 26, 2019

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 »

1 Answer | Asked in Elder Law for Alabama on
Q: A car dealership sold my friends father with dementia who is not of a sound mind a $20,000 truck for $46,000

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.

Jack T. Carney
Jack T. Carney answered on Jan 21, 2019

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 »

1 Answer | Asked in Elder Law for Alabama on
Q: ? my sister abuses my mother I watched her slap my mother four times yesterday on her birthday she 72 then I got involve
Jack T. Carney
Jack T. Carney answered on Jan 14, 2019

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 »

1 Answer | Asked in Elder Law for Alabama on
Q: Can my parents transfer ownership of their home to me remain in the home and still qualify for Medicaid in 5 years

We are in Alabama

Jack T. Carney
Jack T. Carney answered on Sep 24, 2018

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 »

1 Answer | Asked in Elder Law for Alabama on
Q: If me and my siblings use some of mom's money and then she's goes to nursing home will we have to pay money back?

I'm power of attorney had to move money into my name due to grandson stealing.

Jack T. Carney
Jack T. Carney answered on Jun 2, 2018

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.”

The penalty basically works as...
Read more »

1 Answer | Asked in Elder Law for Alabama on
Q: Is it neglect if they if a elderly person falls eight times in a month and they don't take her to the doctor
Jack T. Carney
Jack T. Carney answered on May 4, 2018

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 »

1 Answer | Asked in Elder Law and Probate for Alabama on
Q: hello, my mom died, and I would like to know who inherits, in the case of not having a will. Thank you. She was from AL
Jack T. Carney
Jack T. Carney answered on Apr 16, 2018

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:

-Passes to spouse and children first...
Read more »

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on
Q: How can I get copies of a bank judgement and all supporting documentation?

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 »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

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.

1 Answer | Asked in Elder Law, Probate and Real Estate Law for Alabama on
Q: Does a wife age 76 have a right to keep the home if spouse dies without a will and her name is not on the deed.

The home needs repairs and I can't do them without knowing if I have to go through probate

Jack T. Carney
Jack T. Carney answered on Feb 1, 2018

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 »

1 Answer | Asked in Estate Planning, Elder Law, Probate and Real Estate Law for Alabama on
Q: Can my grandparents deed me their home in alabama?

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 »

Jack T. Carney
Jack T. Carney answered on Jan 29, 2018

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 »

1 Answer | Asked in Elder Law, Probate and Estate Planning for Alabama on
Q: My grandfather was involuntarily committed is there a way I can get this revoked? I was unaware until after the fact

He is in Alabama I’m his granddaughter in Georgia is there a way to get his current power of attorney removed

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 30, 2017

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 »

1 Answer | Asked in Elder Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: My sister is going into a nursing home..she deeded the house to me ..but I was told the state will take the house

I've been living with her for 5 years in her house...how can they take it if she deeds it to me?..she don't owe or anything of that sort

Jack T. Carney
Jack T. Carney answered on Oct 20, 2017

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 »

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: How legal is it for one party to illegally remove an elderly person from a safe home with Power Of Attorney over them?

Boyfriend has legal POA and I was taking care of elderly when relative illegally removed him just to use his SSI checks.

Jack T. Carney
Jack T. Carney answered on May 16, 2017

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:

1. If the individual is...
Read more »

1 Answer | Asked in Elder Law for Alabama on
Q: My niece is living with my Mother and is verbally abusive and unstable how do we get her out?

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.

Kyle D Pierce
Kyle D Pierce answered on Oct 16, 2016

Consult a local attorney concerning a restraining or protective order. Your Mom may be able to get a temporary one to protect herself immediately.

1 Answer | Asked in Elder Law for Alabama on
Q: I have proof of a relative abusing her role as agent for my grandmother's POA, durable, financial and medical.

How do we handle a transfer of agent of POA, will the relative be investigated, will this relative be required to return money and accept payment of medicaid penalties for nursing home?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 16, 2014

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.

1 Answer | Asked in Elder Law for Alabama on
Q: In Alabama, will Medicare/Medicaid require a home, placed in a life estate, to be sold to cover nursing home care?
William E. Scully Jr.
William E. Scully Jr. answered on Jun 28, 2014

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 »

1 Answer | Asked in Elder Law for Alabama on
Q: What rights do siblings have when their single sibling is unable to care for himself and lives in an unsafe environment?

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.

William E. Scully Jr.
William E. Scully Jr. answered on Jun 24, 2014

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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