My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... Read more »
answered on Dec 5, 2022
There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.
Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do... Read more »
$7000 owed. Worth 60000. Can I buy it for what is owed and sell it at a later date without medicaid claiming it?
answered on Nov 29, 2022
You may want to talk with an estate planning / elder law attorney. There are ways of achieving what you're seeking, but buying it for what is owed is not one of them.
My dad is currently in the hospital, unfortunately looking at hospice, sold his home, I'm POA in Fact and neither bank that he previously had accounts with wont allow me to cash/deposit them and both our names are on the check. I'm also being prevented from opening an account and cashing... Read more »
answered on Oct 16, 2022
You have a written PoA that the banks won’t honor?
Without SEEING the documents it is impossible to provide useful advice. Who drafted the PoA? That would be the best attorney to approach but ANY estate planning attorney in your area can help — IF you provide them a copy of the... Read more »
Dr. Kavanagh immediately suggested "pulling the plug" and after two visits to Borges we got her to Bronson where A bowel blockage was surgically removed, my Mom was sent home after only 24 hours and is recovering.
answered on Aug 2, 2022
Thank you. It sounds like you may have a civil or administrative issue to address with Borges or that particular doctor; you should start there to address your concerns about that sign. The other answers provided were all within the whelm of possibilities depending on the totality of the... Read more »
After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... Read more »
answered on Aug 1, 2022
A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... Read more »
answered on May 12, 2022
No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.
If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning... Read more »
answered on Feb 19, 2023
Some of us wish we lawyers had such superpowers, but the reality is that only a judge has that power. The affected person has due process rights and so is entitled to a hearing.
Defendant is 94 years old.
answered on Oct 7, 2022
Way too much going on here that we don't know to form an opinion. If there is contempt, you can bring it to the court's attention, usually through a motion.
answered on Aug 23, 2022
No. Not unless your POA did something or failed to do something.
THIS HAS TO DO WITH MY SISTER WHO HAS A MENTAL CONDITION FOR YRS .LAST YR SHE FELL AND WAS TAKEN TO CARSON HOSPITAL FOR THAT . THAT IS WHERE THE NIGHTMARE BEGAN. SHE HAD BEE TAKING CLOIRIL FOR YRS AND I RECOGNIZED IT WAS AFFECTING HER SPEECH AND HER ARMS BECAME JERKY AND BECAUSE OF BEING AROUND... Read more »
answered on Mar 29, 2022
You have two potential issues: 1) medical malpractice, and 2) nursing home abuse / neglect. The latter is one you can more readily start by contacting the facility, omsbudman, or the state's complaint website. The former would require gathering medical documentation and finding a medical... Read more »
Aunt is in nursing home in Michigan, I need to move her to Ohio. I am next of kin and have guardianship. I told the judge I wanted guardianship specifically to move her to Ohio. He said I have 4 months to do so, but paperwork states I can not move her out of state. No one is giving me the... Read more »
answered on Feb 28, 2022
You will likely need to file a petition and order in the court that granted you guardianship.
In her checking (she is on Medicaid and facility). I know $2000.00 is allowed in this account. What can I do with the extra for her. We have already paid for funeral.
answered on Dec 31, 2021
You should consult an elder law attorney before doing anything with that money. But generally, there are many things that you can spend money on in a "spend down" strategy.
A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »
answered on Dec 31, 2021
You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell.... Read more »
Are there other assets Medicaid can take from our estate?
answered on Nov 24, 2021
Depends on who you mean by "we" and who would be the qualifying person for Medicaid. Ordinarily, the value of the primary residence is exempt for qualification purposes; you can "keep" it while the person is alive. However, once a person dies, the state may seek to recover what... Read more »
answered on Nov 15, 2021
I know dealing with your mother's health challenge especially under a pandemic. If your mother cannot make decisions for herself and there isn't a health care power of attorney, I am afraid you will need to become her guardian in probate court to make her care, custody, day to day, end... Read more »
They are about to be evicted from their apartment and keep getting in financial difficulties where they need money from us. We have asked them to let one of us take over their finances before, but they declined. They both have many serious medical issues, but don't follow through with... Read more »
answered on Oct 11, 2021
Your concerns suggest a need for more than just powers of attorney, which are revocable at any time by the principle. You may need to explore guardianship, which is a more permanent arrangement, and actually divests your mother from being legally able to make her own decisions. It is unclear though... Read more »
This is in the State of Michigan.
answered on Jul 4, 2021
There are two ways to do this. The first way is to inform the maker of those instruments that you are not willing to serve and ask that he or she revoke the existing instruments and make new ones. If that is not possible, then you can simply decline to serve. This should be done in writing and... Read more »
answered on Jun 21, 2021
You should have a Michigan attorney draft the deed, and then somehow, your mother will need to sign it before a California notary.
Will he have to pay gift tax or only after he exceeds lifetime amount. Also, we are his caregivers and he will move into this house with us
POA and Health proxy want to move her. Do they have the power to do that against the rest of us?
answered on Oct 6, 2020
Likely yes; the POA or patient advocate designation gives them the ability to make those sort of decisions. If your mother is of sound mind, she could refuse or appoint others to act on her behalf. If not, then the move would likely happen. Once POAs or patient advocates go into effect, it's... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.