Get free answers to your Elder Law legal questions from lawyers in your area.
the elderly person is not an unsafe driver, is it then statutory to review the driver yearly?
answered on Sep 13, 2016
My understanding is that once the investigator determines there is no validity to the complaint, no further action is taken or required by the elderly person. I know that if the driver is over age 80, the license renewal requires a vision test. If you have received something in the mail, certainly... View More 
We're worried that the nursing home could take the home if down the road they want payment - is that possible if I own it too?
answered on Sep 13, 2016
So, what you are describing, is exactly what elder law attorneys (who focus on medicaid planning) do. We provide strategies to protect the home (and other assets) so your mother isn't forced into poverty to qualify for Medicaid (to pay for the nursing home). To directly answer your question:... View More
answered on Sep 6, 2016
You have claimed the parent as a dependent for income tax purposes? Generally that requires that you provide over half of the dependent's support, but doesn't require that you assume liability for that person's debts. So there is nothing you need to do.
One item in the contract has to do with a guarantee of payment. We don't want to be on the hook for this - can we tell them it has to come out of my parent's funds?
answered on Aug 30, 2016
Good on you for noticing this - a lot of people just sign where the facility administrator tells them to sign.
If you are agent under power of attorney, you should be signing "as attorney-in-fact for________(name of parent)." You should also be meeting with an elder law attorney... View More
We'd like some advice on how to stop this person from taking advantage of him.
answered on Aug 24, 2016
If your father has the mental capacity to understand what he is doing, there is really nothing you can do (its his decision, people are allowed to make bad decisions). On the other hand, if you believe that your father is incapable of making decisions for himself (e.g. has dementia) you can look... View More
Can we sell his house even if it's in the will that it goes to my sister?
answered on Aug 17, 2016
I would highly suggest you meet with an elder law attorney who handles medicaid planning to discuss other options (whether its our firm or another one). You should not have to sell the house to pay nursing home expenses!
What medicaid planning attorneys do is legally and ethically shift... View More
answered on Aug 11, 2016
If she is currently mentally competent, get her to give you a power of attorney. If not, you will have to go to court to be appointed her guardian.
This IRA is mine alone. We have been married 25 years and I started contributing to an IRA approximately 40 years ago. He is retired and I am on SS Disability due to several medical and psychological issues. He worked very little and only gets $329 monthly from SS retirement.
answered on Aug 5, 2016
It depends on what other assets you have.There are laws to protect against the well spouse (also referred to as the "community spouse"). This is referred to as the Community Spouse Resource Allowance (CSRA) and the Monthly Minimum Maintenance Needs Allowance (MMMNA). You should meet with... View More
grandfather is in an assisted living facility in florida. He is 90 and has age related dementia, extremely paranoid. Uncle doesnt get along with the rest of the family, visits grandfather & plays with his paranoia. Makes up stories & fabricated letters that the family is conspiring to... View More
answered on Jul 30, 2016
A guardianship attorney can assist with this type of case. An action would be filed alleging that the grandfather did not have the capacity to sign that power of attorney and that the uncle is abusing his responsibilities as an agent by not meeting the grandfather's known wishes. This can get... View More
answered on Jul 30, 2016
I think you may be confusing Medicare and Medicaid. Your father has Medicare Part A and B. Unfortunately, Medicare will only pay a portion of a nursing home bill for 100 days - max. Medicaid will pay for the nursing home bill if your father qualifies. If he does not qualify, there are strategies... View More
answered on Jul 30, 2016
I think you may be confusing Medicare and Medicaid. Your father has Medicare Part A and B. Unfortunately, Medicare will only pay a portion of a nursing home bill for 100 days - max. Medicaid will pay for the nursing home bill if your father qualifies. If he does not qualify, there are strategies... View More
answered on Jul 30, 2016
It takes a judge declaring so in a guardianship action. When a guardianship proceeding is initiated you would explain the grounds supporting the allegations that your parent (known as the "alleged incapacitated person") is unfit to make financial decisions. The easier way to do this, if... View More
Parent is unable to pay bills consistently, but refuses to see that. We are afraid she'll lose the house (as she's on a plan where if she misses one payment, she's in foreclosure again).
answered on Jun 18, 2016
You can petition the court to have the parent declared mentally incompetent and that you be appointed the guardian.
1. My friend is elderly, unconscious, and gravely ill, and no one has power of attorney.
2. Management is uncooperative and threatens to remove the cat.
3. He authorized his neighbor to care for the cat in his absence, but the hospital/apt. will not release his key to her.... View More
answered on Jun 17, 2016
You need to apply to the court to be appointed guardian of your friend.
Can I do this or does the POA have to include the financial matters as well.
answered on May 17, 2016
You can give him a limited power of attorney, in which you specify exactly those areas in he can act in your behalf, and those in which he cannot.
He is poa on the estate but is trying to sell her home and take all assets. She wants to come home. She needed some rehab but if she is legally mentally incompetent I'm guessing he can do that and we cant change poa. Please help me. We are located in florida. Thank you!
answered on May 13, 2016
To determine if he has obtained a court order declaring her to be mentally incompetent, ask the clerk of court whether such an order has been entered. As you are her child, the clerk should allow you access to the court file.
I'm a close friend of the senior who needs help. I help her with getting her to her appointments, etc. I recently took her to her bank, where she was told by the manager of the bank that she has a outstanding bill with them, and if it is not paid soon, they will garnish her disability check.... View More
answered on Feb 24, 2016
Garnishments don't happen overnight, but you certainly shouldn't wait to act on past due bills. There are many attorneys and legal clinics that would be happy to help. Contact the Florida Bar's lawyer referral service for help finding pro bono help; they can be reached at (800) 342-8011.
After suffering a second stroke her abusive boyfriend INSISTED that she be released to him and now he refuses to allow the nurses entry into his home.
She is at his mercy. What can I do? The facility called Adult Protective Services when she was released to him, stating that they had... View More
answered on Dec 28, 2015
This is a q&a forum. You can use the find a lawyer tool on this site or google to search for lawyers.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for... View More
Will use her n dads social security cks. n his federal retirement to pay nursing hm but she will owe approx $3K per month to Medicaid. How will we pay this? She only has small banking acct n about $250K in insurance claims...we can't sell house until she is deceased I believe.
answered on Dec 18, 2015
Have you thought about actually going to see an Elder Law Attorney. That would be best.
My father has live-in care through a licensed home health care agency in Florida. He needs a CNA as he requires assistance with all ADL's. There are multiple caregivers who work 12 hrs daily with the remainder for sleep and free time. I would like to know if the law, state or federal,... View More
answered on Nov 9, 2015
Pehaps this will help a little: http://www.businessinsider.com/what-new-overtime-law-means-for-everyone-2015-6
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