Get free answers to your Elder Law legal questions from lawyers in your area.
My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.... View More
answered on Mar 23, 2024
A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent... View More
In 43 months of living in a lower unit duplex in Racine Co WI, we were never once late with rent, we performed work on the property at our expense & helped out daily, yet the millionaire unscrupulous owner of the property has violated 80% or more of the WI rental laws, ordinances, codes, etc.... View More
answered on Aug 31, 2024
Finding an attorney under these circumstances can feel overwhelming, but there are still steps you can take to get the help you need. Start by reaching out to local legal aid organizations, even if they are overbooked. Keep following up with them, as cancellations or changes might open up a spot... View More
answered on Mar 5, 2023
To obtain the bank records of a deceased parent, you will typically need to follow a specific process that may vary depending on the laws and regulations in your jurisdiction. Here are some general steps you may need to take:
Obtain legal authority: In most cases, you will need to obtain... View More
What can I do? She apparently has a joint account with her partner that is hospitalized and will likely end up in a nursing home by his kids. We have no information about where anything goes as his family took that over.
answered on Sep 17, 2021
Hello I am sorry to hear about this situation with your Mother. If she has a joint bank account with another person, then generally here in Wisconsin the last surviving person ends up as the owner of that account. In Wisconsin it is possible to name a "Payable on Death" or... View More
Our Wisconsin resident Mom's husband just died and we children are about to place her in assisted living.
She has assets to pay for her care for three years or so and can partial pay (a small pension and social security and veteran's benefits) after that. But if she lives long... View More
answered on Dec 1, 2020
The meaning of the term "Responsible Party" should be defined by the terms of the contract the Assisted Living Facility is asking you to sign. If it is not defined in the contract, I recommend asking them for the definition before signing and I would be very cautious about signing this... View More
His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is... View More
answered on Nov 22, 2020
To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to... View More
The life insurance policy currently has no beneficiaries listed
answered on Nov 12, 2019
If the power of attorney document authorizes the Agent to make changes to beneficiary designations, and if it does not prohibit the Agent from listing themselves as a beneficiary, then it is likely they can list themselves as a beneficiary on a life insurance policy. The context is important here... View More
She has been in nursing home since April, on medicaid since May,
and plan to move back to CA after the house is sold. Will this cause any problems with medicaid?
answered on Oct 14, 2019
If your Mother is currently receiving Medicaid benefits, you should examine the Medicaid application she submitted when she first qualified for Medicaid. The application should list the home in which she owns an interest as a tenant in common. If you and your Mother own it together and if your... View More
answered on Jul 24, 2019
As is usually the case when open-ended questions like yours are asked by non-lawyers the answer will be "It depends."
In this case it depends upon the reason for the wage garnishment. If Wisconsin law allows the state to garnish wages in certain cases (like failure to pay... View More
thanks
answered on Jun 25, 2019
There are different immigration options through which an individual can apply to live in the United States. From the information you provided, It cannot be determined if any of the options would be applicable to you.
I would suggest speaking with an immigration attorney, explain the... View More
answered on Jun 3, 2019
As long as the principal (the person who created the Health Care Power of Attorney "HCPOA") is mentally competent, and is not currently incapacitated as is defined in the document, they are free to execute a new HCPOA, and name a new Agent to act for them in the event of their incapacity,... View More
Moms health starting to decline may need more assistant with care
answered on Apr 30, 2019
If your Mom is married to the person in question, the community spouse can remain in the home, while the other spouse (called the institutionalized spouse) applies for Medicaid. This would allow the community spouse to continue living in the house until their death, after which the State of... View More
an attorney many years ago? Last August, 2018, it was then revised, of which I did receive a copy (of that revised one).
answered on Apr 17, 2019
The old Will was likely revoked when they executed the new Will. You can only have one Will at a time, so when you execute a new Will you usually include specific language revoking the old Will. The other way to revoke a Will is by physically destroying it. It is possible your parents shredded or... View More
My sister is irrational and wants to take care of my mom herself and now she went to the memory care and call the cops and they let her in and told me she can visit regardless and even take her out of there even though my mom is incapacitated
answered on Feb 27, 2019
The answer to this question may depend on whether you are the Agent for your Mom under a Financial Power of Attorney or the the Agent under a Health Care Power of Attorney document. The Health Care Power of Attorney document is designed to designate an agent to take care of someone's physical... View More
Transfering title back from children to parent, In prparation for possible sale by parent.
Quit Claims deed form children have been signed and notorized.
answered on Feb 18, 2019
Hello, the recording fee for recording a Quit Claim Deed is $30 payable to the Register of Deeds in the County where the property is located. If this is a sale from the children to the parent, then a transfer tax by the State of Wisconsin will be assessed on the value of the real estate... View More
my mother inherited $140,000 while in care, am I left now with nothing.
answered on Dec 13, 2018
Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will... View More
I've had this policy for about the past 12 years. There is a short term policy which is in effect currently. I'm asking for my brother who is currently in a nursing come and may not be able to return to his apartment where he lives by himself more than 500 mile from me. He is 67 and... View More
answered on Aug 23, 2018
It is likely that the long term care insurance policy covers an assisted living facility, because assisted living facilities generally cost less than nursing homes. However, you should check the details of your policy to be sure. Each long term care insurance policy can be different and will be... View More
answered on Aug 4, 2018
Generally, there are usually no provisions for dependents under Medicare.
I found that there are three exceptions to the general rule, listed below:
Below are three situations in which dependent children could be eligible for Medicare:
If you have end-stage renal disease... View More
The mother has a bad case of Alzheimer's.
answered on Apr 23, 2018
Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian)... View More
Are there ways to make this purchase while protecting the mother's assets? Alternative financing? Not using a real estate broker? Do siblings need to agree to the sale?
answered on Apr 6, 2018
Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.
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.