Minnesota Elder Law Questions & Answers
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 »
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 »
Q: I've been falsely accused of elder financial abuse against my mother. Do I need a criminal defense/family law attorney?
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?
Q: My uncle has POA of my grandmother, Does he have authority to say I can not visit her in her nursing home?
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 »
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
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.
Q: Does the Federal Court have jurisdiction over cases involving the return of Medicare payments to a nursing home?
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.
Q: Is there an online form for Living Wills in the State of Minnesota that would be honored by medical personnel?
You would be looking for a document called a Healthcare Directive, which is the same as a living will.
Good luck.
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
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 »
Q: Can a nursing home take my Mother's assets like CD's when the children's name are on them also?
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 »
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.
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.
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