Get free answers to your Elder Law legal questions from lawyers in your area.
I'm supposed to appear in Hamilton County Civil court to defend against split of property by sale. Relatives lied to me, never had POA, spent Gma's money. I'm broke. My dad died 9 days before Gma. I got severely depressed, overwhelmed. Tried to get atty's to help, but over the... View More 
answered on Oct 8, 2019
The ONLY way you can do anything to protect yourself is to go to the hearing and tell the judge everything you told us here.
I am trying to find out the Ohio laws if there is any abandonment laws on elderly. It is a very complicated story back in July we received a phone call from a hospital on in Ohio that they had my father n law there and stated that he has been and put off the hospital so much that they are not going... View More
answered on Sep 24, 2019
You mentioned that the divorce was filed - was it filed in Ohio or Florida. It’s very important that he contact an attorney in whatever State the divorce was filed so he can obtain advise specific to his situation.
My wife's aunt lives in Texas and we live in Florida. We are concerned for her care as we don't believe she has anyone designated as a surrogate or anyone having a POA
answered on Sep 19, 2019
Your wife's aunt could certainly hire a Texas elder law attorney to draft a durable power of attorney to allow your wife to help as best she can from Florida (assuming aunt has capacity to understand what she is signing after the stroke). More likely is that a care advocate will need to be... View More
My mom was just approved for Medicaid after being placed in a nursing home in Florida. At the time of application, my dad had well under his allowable $126,420 in assets. My parents home in MI was exempt in regards to the Medicaid application process. My dad wants to sell the MI home now. The... View More
answered on Sep 19, 2019
Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the... View More
is there any legally that i could do too him
answered on Sep 6, 2019
You should communicate with the local sheriff's office and file a complaint against him...
answered on Jul 24, 2019
With proper planning in advance of the sale, you can avoid Medicaid touching any of the proceeds.
You have the option of selling with the intent on purchasing another home, which I talk about in this article:... View More
I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.
answered on Jul 24, 2019
You need to contact an experienced elder law attorney who can explain your options to you. If your mom's home is her homestead, and she is now in need of skilled nursing and may qualify for Medicaid, please take the following into consideration:
Homestead is not a countable asset; it... View More
answered on Jul 10, 2019
No, the person appointed by a power of attorney cannot change the will of the principal (the person who signed the power of attorney).
I am from AZ. How can I become her executor or power of attorney to be allowed to clear her estate & obtain some medical records? There was no will, her estate value seems to be around $1k.
I am funding her arrangements myself, cremation, marker, urn, etc.
I know she has a... View More
answered on Jul 3, 2019
Unfortunately there is not free help in Florida. There is a procedure for administration of small estates which basically involves sending the forms to the clerk and the Judge will enter an order distributing the assets to you. The clerk may have the forms available for download on their website.... View More
The car is paid for and is in his trust.
answered on Jun 22, 2019
If the car is registered in the name of the trust, yes.
I cancelled the job when my mom got sick and they agreed to it and was supposed to refund her money. That took 3 months of text messages that I have copies of. She never got her money. They talked her into doing the job when i was not consulted. They charged her extra for a shower door and did not... View More
answered on Jun 11, 2019
Hire a litigation lawyer and sic them on the thief.
answered on May 31, 2019
Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.
answered on May 30, 2019
You would want to revoke the entire document and have your elder care attorney draft a new one that complies with your wishes. This will prevent confusion when 3rd parties are trying to figure out who is supposed to make which decisions for you.
All the best,
Jason
answered on May 2, 2019
Yes it is, but you should definitely have it reviewed because Florida homestead and spousal rights are substantial and power of attorney laws are strict and other laws have changed as well. So, while it would be valid, it may be valid with limits. I would review it with Florida Probate Attorney .
Wards home is still occupied by wards other son who served as caretaker from 2015 to 2019. House is fully operational. Car insurance, Power, Utilities and maintenance are still required to keep house going. Paralegal (told Guardian not to pay any of the outstanding bills in the wards name.) this... View More
answered on Apr 14, 2019
You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to... View More
There is no equity in the property
answered on Apr 8, 2019
The mortgagee might seek a deficiency judgment against her, although it might not be possible to collect such a judgment.
I have been his 24/7 caretaker for over a decade. My brother and sister(the other remaindermen) have not assisted at all. Dad has had serious medical conditions for years. Dad is nearing death and my brother and sister can’t wait because they said they were going to kick me out and sell the house... View More
answered on Mar 24, 2019
Very sorry about your father's illness.
You should get a copy of the deed and see precisely how it is titled and held. A life estate normally only applies to the person named in it and ends at their death, they cannot pass on an additional life estate normally. Upon review of the deed... View More
enforce the law in the other state where the parent's child lives?
answered on Mar 7, 2019
Generally, yes. Indigency has nothing to do with availability of justice. Buy it is not clear what law you are asking about, "elder law", child support, child custody, or whatever.
My mother--who is on medicaid in a nursing home--received $25K back pay from her social security benefits. Part of her spend down plan is to buy her an automobile which is an excluded/non-countable asset. Are there any restrictions to including an extended warranty with the car purchase? The car is... View More
answered on Mar 4, 2019
There would be no restriction on purchasing an automobile with an extended warranty, provided that it is your mother's only automobile, that it will be used primarily to transport her places or for her benefit (i.e. don't buy your mother a car and then you drive it to work everyday).... View More
My mother has been in a nursing home since 2012 and my father had a $50K face value life insurance policy with a cash surrender value that has increases to about $4K for many months. Should she borrow money against it, will Medicaid ask for their money back if it was an oversight?
Thanks!
answered on Feb 24, 2019
I would need some more facts to help you with this question. Is your father still living? If he is still living, and he does not also live in a nursing home, then he can have $126,420. in assets. The facts you provide are a little bit unclear as to who owns this policy. You are welcome to repost... View More
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