Of caring for him. He refuses to take his medication. His family has refused to bring him home. But the doctor for the social service department says that "he is fine to go home and we can't be responsible for stupid mistakes that people sometimes make." Meaning that it is a stupid... Read more »
answered on Mar 4, 2023
What you do not state is whether your father is mentally competent to make his own decisions, from a legal standpoint. The fact that "social services" (you do not name the government department by name, so it is unclear whom, exactly, you are referencing) deems him competent to go home... Read more »
By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.
answered on Jan 19, 2023
The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... Read more »
Good Evening,
My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... Read more »
answered on Dec 25, 2022
You may find this article helpful, although it is a bit dated (2011) and laws change:
https://www.specialneedsalliance.org/the-voice/utilizing-the-spend-down-option-to-maintain-ssi-andor-medicaid-eligibility-2/
To clear the whole amount you might purchase a special bed for her, one... Read more »
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 »
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 »
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.
answered on Oct 4, 2022
I am sorry for your loss. You can check online here:
http://registers.maryland.gov/main/search.html
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 »
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 »
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 »
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 »
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 »
She wants to be relieved from the guardianship - how do you go about it?
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 »
Y, who is not a beneficiary or administrator, claim as a creditor against estate?
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 »
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 »
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 »
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
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 »
What if my husband is in a facility
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?
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 »
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 »
From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!
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 »
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?
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 »
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 »
if my siblings authorize and agree to it?
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.
rendered solely by me that was necessary for 'at home hospice care' the last 6 months of her life with verified and supported documentation?
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 »
They are refusing to send paperwork to another so I can go to another
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 »
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