Lawyers, Answer Questions  & Get Points Log In
Wisconsin Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Wisconsin on
Q: My mother has dementia and no one to take care of her in Puerto Rico. I want to bring her to Wisconsin

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.

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: What does "Responsible Party" mean legally on an assisted living application? Are an elder's children's assets at risk?

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... Read more »

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Elder Law, Family Law and Libel & Slander for Wisconsin on
Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

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... Read more »

Jane E. Probst
Jane E. Probst 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... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: Can power of attorney list themselves as beneficiary on life insurance policy? Is the law different depending on state?

The life insurance policy currently has no beneficiaries listed

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: I am disabled per Social Security, own a home with my mother - tenants in common, and we want to sell it.

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?

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Tax Law, Collections and Elder Law for Wisconsin on
Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.
Bruce Alexander Minnick
Bruce Alexander Minnick 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...
Read more »

1 Answer | Asked in Immigration Law and Elder Law for Wisconsin on
Q: I live in Belgium and after a few months I will file my file to obtain Belgian nationality. I would like to live in USA


Denise Anderson
Denise Anderson 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...
Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: In the State of Wisconsin, can a person, who has an activated HCPOA, execute a new HCPOA with a different designee?
Thomas B. Burton
Thomas B. Burton 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,... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: how To avoid loosing a house to the nursing home so my moms significant other won’t become homeless in wi

Moms health starting to decline may need more assistant with care

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Wisconsin on
Q: As a beneficiary of my recently deceased parents, how can I obtain a copy of their initial Will, which was drawn up by

an attorney many years ago? Last August, 2018, it was then revised, of which I did receive a copy (of that revised one).

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: I am POA for my mother. Can I prevent my sister from visiting my mom

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

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: How much should it cost to process a quit claims deed. I am transfering home ownership from children to parent.

Transfering title back from children to parent, In prparation for possible sale by parent.

Quit Claims deed form children have been signed and notorized.

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Wisconsin on
Q: My Mother had left me 50% of her home, but was sold for her care.

my mother inherited $140,000 while in care, am I left now with nothing.

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: Will my long term care insurance be negated if I move into an assisted living residence? Which is a better option?

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... Read more »

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: Does Medicare provide any coverage for dependents?
Thomas B. Burton
Thomas B. Burton 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...
Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Wisconsin on
Q: If your Mother is in a nursing home and she inherits $100,000. Who gets the money...nursing home or remaining children?

The mother has a bad case of Alzheimer's.

Sarah Lynn Ruffi
Sarah Lynn Ruffi 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)... Read more »

2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Wisconsin on
Q: What is the best way for an adult child to buy her mother's house? Mother is in assisted living, house is paid off.

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?

William F Sulton Esq.
William F Sulton Esq. 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.

View More Answers

1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Wisconsin on
Q: I have an aunt in stage 4 cancer who lives in a nursing home. My aunt never selected A Power of Attorney

Her daughter was removed over her finances and my aunt as since become a ward of the state with her finances in question

Emmanuel Muwonge
Emmanuel Muwonge answered on Feb 6, 2018

I am not certain as to what your question is and what you are trying to do for your aunt if anything. I would have to guess that you are trying to either manage your auntie's finances and or determine what they might be and or any other issue regarding your auntie's wellbeing in so far as... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Wisconsin on
Q: I had a land contract with my mother so she could stay in her house, However, she passed away before I took out a loan

In her will it states how much I paid towards the HP/escrow(x) throughout the years. It also states If any remaining mortgages & property expenses due (Y)and owing on my residences exceed the amount of kelly's purchase price after the credit is given. then her purchase price shall be... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Feb 2, 2018

Well, this is quite the pickle.

If I understand correctly you have a land contract where you are BUYING your mother's house for x dollars, but there is a mortgage against it in your mother's name for y dollars. The question is not whether X plus Y > value of the house. It is...
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.