Lawyers, Answer Questions  & Get Points Log In

Minnesota Elder Law Questions & Answers

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

Q: Is there any way to protect a family property from a potential Medicaid claim in MN? what are options for transferring?

This is a lake property. In past years we ran it as a resort. For 20 years I worked (unpaid) at the resort. I feel I have a vested interest in the property. My parents want to transfer the property to me and move to senior living. We met with an attorney. She gave us two options. My parents could... Read more »

Nina Whitehurst answered on Aug 30, 2019

An irrevocable trust that does NOT reserve to the settlor the ability to change beneficiaries but it still classified as a "grantor" trust, the assets of which are includable in your parents' estate, would solve your problem with respect to ensuring you get the property eventually and don't lose... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Minnesota on

Q: I've been falsely accused of elder financial abuse against my mother. Do I need a criminal defense/family law attorney?

Lucas Wynne answered on Aug 11, 2017

I need to know more information to provide an answer to this question. When you say that you are being accused, who is accusing you and to whom are the accusations being made?

1 Answer | Asked in Elder Law for Minnesota on

Q: My uncle has POA of my grandmother, Does he have authority to say I can not visit her in her nursing home?

Adam Studnicki answered on Jan 15, 2016

Check with an elder law lawyer in your state.

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 situation. It is impossible to evaluate a legal...
Read more »

1 Answer | Asked in Elder Law for Minnesota on

Q: I have a medical power of attorney for my mother. Does this give me the power to choose what facility she is in?

This is in Minnesota. She is suffering from mild dementia

Charles Snyderman answered on May 26, 2014

It depends on the language in the medical power of attorney. Assuming the document was prepared by an attorney, you should ask that attorney. If it was not prepared by an attorney, you need to consult with an attorney in your area who can read the document that your mother signed.

1 Answer | Asked in Elder Law for Minnesota on

Q: Does the Federal Court have jurisdiction over cases involving the return of Medicare payments to a nursing home?

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

Yes, the federal government has jurisdiction of the payment and collection of settlement funds and overpayments. The Centers for Medicare / Medicaid Services, CMS handles this through a department called MSPRC.

Good luck.

1 Answer | Asked in Elder Law for Minnesota on

Q: Is there an online form for Living Wills in the State of Minnesota that would be honored by medical personnel?

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

You would be looking for a document called a Healthcare Directive, which is the same as a living will.

Good luck.

1 Answer | Asked in Elder Law for Minnesota on

Q: I am poa for my 88 yr old dad with dementia, my sis took him to bank to be put on his acct without me knowing, can i rev

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

This question depends on the current mental capacity of your father. Since you are POA you do have legal authority and could ask for the bank to remove her name. The issue is that your father should have free will to do what he pleases with his money unless he is unable to comprehend his... Read more »

2 Answers | Asked in Elder Law for Minnesota on

Q: Can a nursing home take my Mother's assets like CD's when the children's name are on them also?

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

There are limits on the amount of assets that a party can have and still receive public assistance. To answer your question it would be necessary to see the documents involved. I strongly recommend that you meet with a local elder law, estate planning attorney to assist with the Medicaid /... Read more »

View More Answers

1 Answer | Asked in Elder Law for Minnesota on

Q: Elderly dad let younger woman with teen live w/ him until "she gets back on her feet". No lease. Can he get her out?

House is owned by children, not dad. Woman pays no rent, etc.

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

I recommend that a family member requests his Power of Attorney, if his not able to consent, then move the court for Guardianship and Conservatorship.

Good luck.

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.