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Maryland Elder Law Questions & Answers

1 Answer | Asked in Elder Law for Maryland on

Q: My husband and I currently live in Maryland - and are planning to move to Alabama within the next few months -

will Alabama accept our Maryland prepared will/trust/healthcare documents?

Mark Oakley answered on Jun 11, 2019

Yes. All wills and POAs are valid in any state you move to so long as they were valid under the law of the state where they were made. One caveat: some states have statutory provisions which govern the enforceability of a POA in given circumstances, such as Maryland, which if drafted with certain... Read more »

1 Answer | Asked in Consumer Law, Elder Law and Social Security for Maryland on

Q: My husband is in an assisted living facility and received a writ of summons for a credit card debt, what's next?

He only has Social Security payments and a very small pension. The SS payments are eaten up by the cost of the Assisted Living facility. The pension is below $150. The credit card debt occurred when he suffered a series of strokes and seizures which has necessitated him living at the assisted... Read more »

Peter N. Munsing answered on May 1, 2019

Do not agree to pay any of it. He is "judgment proof." He may want to file a general denial asking for proof he owed the debt. There may be defenses depending on how old the debt is.

Contact your loal legal aid/legal services organization.

1 Answer | Asked in Real Estate Law and Elder Law for Maryland on

Q: Hi, i,m not sure what the future holds for me. My mother and i purchased a condo in 2002. My cousins name was on deed

until 2010 his name was taken off and replaced with mine. 2014 my mother has been in a nursing home. A lien has been placed. What can i do to avoid the state of Maryland and or nursing home taking my condo when my mother passes away?? It was suggested that i place bankruptcy in part of of mother. I... Read more »

Richard Sternberg answered on Feb 15, 2019

You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Elder Law for Maryland on

Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.

I have pulmonary sarcoidosis, degenrative disc disease, osteo & rhuematoid arthritis. I stay in chronic pain also due to having granulomas brought on from the sarcoidosis! chronic kidney disease, diabetes, asthma , PVC and other health issues/ they are making me see one of their doctors to... Read more »

Mark Oakley answered on Jan 31, 2019

You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current... Read more »

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1 Answer | Asked in Elder Law for Maryland on

Q: What percentage of blood relatives(MD)get Guardianship/Dad over a step sister who has POA for 2 years and didn't tell us

My Mom passed away in 1995. My Father (4 sons) remarried in 1999 and his wife had 2 daughters. My Father and his new wife moved to Florida in 2000. One of the daughters moved in with them around 2013 when her husband passed away. The other sister moved down also but has a home an hour away. In 2012... Read more »

Mark Oakley answered on Nov 17, 2018

You need to re-ask this question under Florida law, which will apply to your father's situation. Florida has very aggressive guardianship and elder abuse laws (including financial exploitation) and you will need a Florida lawyer to advise you, as well as answer any questions. Your facts raise... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Maryland on

Q: My parents have a reverse mortgage. They are in their mid 90s. Is it possible to have my name added to the deed?

Champion mortgage is the holder of loan. Document indicates I have 1 year to remain in the home after last owner is deceased. Should I add my name on the lein to be included as “Tenants in Entierty”? They have no saving/retirement/ safety-net to leave me. I can’t afford purchase the house... Read more »

Mark Oakley answered on Oct 4, 2018

No, none of this would work. First, you cannot be added onto the reverse mortgage, as that was calculated based on your parents’ ages and life expectancy at the time of the mortgage. The mortgage typically must be paid off within 6 months of death, or the property be listed for sale and marketed... Read more »

2 Answers | Asked in Estate Planning and Elder Law for Maryland on

Q: Hello, I read that in Maryland there are no "Self Proving Affidavits" for last wills. What form can be used instead...

... so that the will witnesses don't need to go to court to validate the will?

Thank you in advance

Mark Oakley answered on Jul 16, 2018

A properly signed and witnessed will is all you need. Maryland does not require witnesses to appear to verify the will. The only time witnesses might be needed is if someone challenged the will, but the burden is on the challenger to prove the will maker was mentally incompetent or subjected to... Read more »

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1 Answer | Asked in Elder Law and Estate Planning for Maryland on

Q: My father (94) lives with a lady. She has taken care of him (like a nurse) and he has taken financial care of her.

His will states that his estate (when he dies), should be used to take care of her. She says she will save her money to give to her daughter while the real grandchildren may get nothing. Will I legally be responsible for paying anything for her? Finances are in my dads name, not commingled? She... Read more »

Mark Oakley answered on Feb 21, 2018

If your father was mentally competent when he drafted and signed his will, then his will is valid and will be upheld. if he was not competent, or you can prove this female companion exercised "undue influence" and coerced in some way the terms of the will that were favorable to her, meaning your... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Tax Law for Maryland on

Q: My mom wants to sign over her house to me & then she will come to live with me. Will I have to pay capital gains

My objective, is to NOT have her go into a nursing home if it comes to that point, but to have a day nurse come into my home.

Cedulie Renee Laumann answered on Nov 1, 2017

Capital gain is calculated and paid when a home is sold for profit, not when it is transferred without consideration. To figure out your potential capital gains liability you would need to talk to an accountant or tax professional and know the basis in the property and the anticipated future sale... Read more »

1 Answer | Asked in Family Law, Elder Law and Real Estate Law for Maryland on

Q: My mom and step dad have a post nup on a house they purchased together, It addresses death of spouse and divorce.

Selling and splitting proceeds in divorce, and life estate for death, then sale and split proceeds to family.

But they have moved to assisted living and are selling the house. No mention of this possibility in post nup, so should proceeds be jointly held or split? Also prenup holds... Read more »

June Marie Marshall answered on Jul 24, 2017

Not seeing the actual post-nup, my response is limited to your narrative. The proceeds would be marital property. Husband and wife can agree on how they want to divide the proceeds. They could split it 50/50, 60/40 however they choose. Since there is nothing in the post-nup about moving to... Read more »

1 Answer | Asked in Elder Law for Maryland on

Q: have life estate on father's PA home; POA has blown all $ fast on care & wants to get a reverse mortgage; can she do it

She is spending his $ at a rate of $10/hr. (under the table) on 24/7 care using Social Security, pension & now VA income. Not all his caretakers are CNAs (or are they called PCAs now?). - At 95, he is still deemed competent by a quick verbal 10-question competency test, but has not a full-blown... Read more »

Adam Studnicki answered on Jan 15, 2016

Sounds like potential elder financial abuse by POA. Talk to an elder law lawyer in your area.

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 your specific...
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1 Answer | Asked in Elder Law for Maryland on

Q: Do I need an elder law lawyer?

Mom received Medicaid benefits for 10 months while in a nursing home in Maryland in 2008. No lien placed against home jointly owned by both parents since dad was still living in the home. She passed in October 2008. Dad passed May 2015. Do we need to worry about Medicaid recovery?

Adam Studnicki answered on Aug 11, 2015

Medicaid has the right to recover in certain situation. Check with a local elder law lawyer about the specifics of your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education...
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1 Answer | Asked in Elder Law for Maryland on

Q: I have POA for my Aunt. She has been in a nursing home for short term care and now has transitioned into long term care

at the nursing home. She is still on private pay, but is running out of money quickly. With her permission, am I am to sell her car? If so, what do I need to know to benefit her the most? We live in Maryland.

Paul E. Draper answered on Jul 15, 2015

I presume that your aunt is single or if married her spouse is also in a skilled nursing facility so that there is a need to spend down her assets below $2,500 in order for her to qualify for medical assistance. If she is married and has a spouse is still living in the community, then certain... Read more »

1 Answer | Asked in Elder Law for Maryland on

Q: I need a power of attorney for someone mentally incompetent . What do I do?.

Thomas C. Valkenet answered on Sep 5, 2014

A power of attorney can only be granted to you by a competent person. If they are incompetent, the only the circuit court judge may grant guardianship and decision making authority. You must file a circuit court petition.

1 Answer | Asked in Elder Law for Maryland on

Q: how do I get guardianship of my mentally retarded adult brother.

Thomas C. Valkenet answered on Sep 5, 2014

By filing a petition for guardianship in the circuit court. You will need medical certificates as exhibits. The court will then appoint a lawyer to look after your brother's interests and advise whether you are the best choice as guardian. If uncontested, the case can be resolved in a few months.... Read more »

1 Answer | Asked in Elder Law for Maryland on

Q: Liability for relative's declining mental state.

Wife's 52 y/o sister is in declining mental health and should not drive though she asks to from time to time. She last drove - erratically - weaving, not seeing lights and signs - in June. Can we or other family members aware of her mental state be held liable should she cause injury or damage -... Read more »

Thomas C. Valkenet answered on Sep 5, 2014

You may not be liable for damage she causes, but you will feel just awful if she injures others. The remedy is for a family member to petition the court for guardianship. You will need certificates from her physicians, and then the court will appoint a lawyer to look after the sister's interests.... Read more »

1 Answer | Asked in Elder Law for Maryland on

Q: My parents signatures weren't notarized when selling their MD property in 05/31/05.Notarized after office received them.

Never went to settlement table.They were 79 &83. 06/05 buyers ( my 2 brothers) requested my mother have a neuro appt 4 memory prob. diagnosed 4 mild-moderate dementia 9/05. I maintain this is a voidable contract & they have been financially exploited.R.E.lawyer did settlement. Can he be sued 4... Read more »

Cedulie Renee Laumann answered on Aug 23, 2012

To notarize a signature in Maryland, the notary must get an acknowledgment from the signer and verify the signer's identity (usually by picture ID). If someone falsely said that a signer appeared before them when they did not that would be problematic. Depending on the circumstances, fraud... Read more »

1 Answer | Asked in Elder Law for Maryland on

Q: What are the rights of the elderly

Cedulie Renee Laumann answered on Aug 23, 2012

Could you rephrase the question? Most of the time adults have the same legal rights regardless of their status as young adult, middle aged, elderly, etc. Certain governmental agencies / departments exist to protect the interest of vulnerable elderly. You can contact your local Dept of Aging... Read more »

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