My father was on Medicaid for several years. My mother had followed the Elder Attorney's advice on regarding one car, one house and minimum cash. Fast forward, my father had passed away almost 3 years ago and my mom just passed away less than one month ago. Mom had spent her last 3 years in a... Read more »
The answer to this should be pretty straightforward, despite the complexity of the applicable rules. The process you are referencing is called "Estate Recovery". The County brings forward a claim they have had for your father's receipt of Medical Assistance (Medicaid) benefits following your...Read more »
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 »
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 »
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.
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.
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 »
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 »
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.
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