From my understanding he is presumed to be capable of providing informed consent. It also looks like if it was ever determined that he can't provide informed consent, I would still be able to take him to doctor visits as per FHCDA or OPWDD law. Also, he lives with me and is 29.
It will depend upon the type and extent of his disability. If he is capable, he should sign a health care proxy. If he is incapable of making decisions for himself you should apply for Guardianship.
In the matter of CDPAPvs. Zucker,10/11/19
in layman's terms, what was decided?
Does this decision affect the status of the PA as an independent contractor vs. an employee?
The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.
This had nothing to do with... Read more »
change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
My lawyer states he cannot grasp the idea of my being handicapped because I am not in a wheelchair. He has not help me get any financial support thru the courts in one year. I am 66 years old. What can I do to be correctly represented as a handicapped person in my divorce?
It sounds as if you need to consult another attorney to see what they say about the facts of your case and depending on those facts you may need to switch attorneys.
Two sisters on deed. Both with dementia. One placed in nursing home after stroke now deceased. Other sister in nursing home when other got sick. Son of deceased had her sign a reverse mortgage and received a large sum of money. Does the other sister still have rights to home as tenants in common? I... Read more »
You should consult an attorney to determine the surviving sister’s rights. Your instincts may be right. But all the facts should be reviewed before a legal conclusion can be made and the proper action taken.
I’m POA and we are both named in a summons Of over $110,000 that we need to reply to on Monday or receive a default judgement against us.
You need an attorney for this. This could be a big problem. I cannot tell you how it will turn out without seeing documents. Show up and ask for more time to get a lawyer.
My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen, inflamed... Read more »
If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... Read more »
Could he sever the joint tenancy without my brother’s permission and change it to tenants in common? Also would he need a living trust to avoid probate and to designate my sister and I as his beneficiaries? Would that avoid due on sale clause since its a living trust? He and my brother are on... Read more »
I do not speak Cantonese but the answers to your other questions are yes, these things can be done. However, they are not do it yourself projects. You are well advised to hire an attorney to assist you with this
I am executor. Brother has cancer and turns 65 in 2 months. I understand a trust can be used before 65. After that, Medicaid is secondary insurance to Medicare. Brother is not in long term care. He gets retirement social security income. Does he potentially lose less to Medicaid once he is on... Read more »
It is better to be on Medicare to minimize expenses. Once he receives his inheritance, he may not qualify for Medicaid coverage, if he current qualifies, without spending down first. However, there are planning techniques to protect a portion of the money if he needs to spend down.
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made on IRA's, etc. and she... Read more »
You should file 2018 and mark deceased and put the date of death. Without a deceased return the IRS can't know she died.
I have an Aunt that is 83 years old that lives in NY. I live in Georgia. In 2013, when she was of sound mind, she had a NY attorney prepare a POA regarding all her finances, etc. and a Health Care Proxy. She signed and I signed.
Now she has been diagnosed with Alzheimer's. As such she... Read more »
The short answer is yes. A durable POA gives you power over her finances and the Health Care Proxy over her medical decisions. However, if her condition is not apparent to a vendor or health care provider and she is expressing resistance to your decisions, you may have problems. You may have to... Read more »
Depends on the amount, the county, and whether you really owe it.
My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.
If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.
If you believe neither... Read more »
The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?
If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »
The pastor died which was her dad and her mom
Is blind. She is trying to get a power of attorney to get the church which was in her dad’s name.
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.
The inheritance is $3636.00. I am due to get out of Northeast Center early 3/19 in a Medicaid program called TBI Waiver. Med resource is under $2,000, SSI would be problematic and I haven't called them, I received the check today. I want to do the right thing to do, I don't speak well on the... Read more »
While technically this should be declared to Medicaid, it is too modest a sum for anyone to chase after you. Just deposit the check.
Do i need to have a lawyer when i go to hearing for order of protection I filed against granddaughter. Can court provide a lawyer for me?
Courts don't appoint family law attorneys in such cases. Some NY legal aid societies may be able to help you find a cost effective or pro bono lawyer in restraining order matters. You may consider hiring an attorney, and limited scope representation may be a good choice if you're on a budget. More... Read more »
Does the person admitted to long term care inpatient have to pay taxes on their pension, Social security, $401K can those taxes stop being withheld? She was admitted in June. Is she responsible for tax payment from Jan to June? Is she exempt from June to the present?
The only legal tool to stop collection activity would be to have an Tax Attorney negotiate a hardship status with the IRS. Just because she was admitted to a long term inpatient care facility does not negate the legal duty to pay taxes. However, there are a number of avenues available to prevent... Read more »
The landlord has not been commenting to my requests about getting 1 Shot Deal to collect the rent owed.
And suddenly he sends an eviction notice with a court date.
She needs the appartment very much,as ahe is intending to come back home to live.
Wish to postpone the Court... Read more »
Just saw this now. This is a tough case. You are going to have to prove she is able to return.
My mom, and her nephew inherited a house in 2008, mom died in 2015. Recently, I found out that my moms' nephew sold the home April 2018, without my dads knowledge. Isn't my dad still entitled to her half of the proceeds from the sale, even if my mom is deceased. As of today her nephew has moved on... Read more »
It depends on how the deed was drawn. If it was with right of survivorship between the two then no. If tenants in common, then you are right. Look at the deed and see how it was done.
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