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Maryland Elder Law Questions & Answers
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
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... Read more »

Adam Studnicki
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
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
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
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
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... 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
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... 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... Read more »

Cedulie Renee Laumann
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
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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