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New York Elder Law Questions & Answers
1 Answer | Asked in Elder Law for New York on
Q: I'm concerned someone is abusing their power of attorney position. How do I get it suspended or investigate?

My aunt signed over her power of attorney to a nephew and is currently living in an assisted living facility with dementia. I visit the home she owns and her husband lives there. Bills have not been paid in the home by the power of attorney for months and he is living with no heat, a ceiling... View More

Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

A local elder law lawyer can review and advise.

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...
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1 Answer | Asked in Elder Law for New York on
Q: I have an annuity and need to withdraw money to live, will loose my medicaid? Is there anyway I can make a withdrawal

I am 65 years of age and do not currently need a nursing home,but do not want to jeopardize my chances for the future. What can I do? If I make a withdrawal how long will Medicaid penalize me for? I should note I have Medicaid and Medicare because of my income. I am enrolled in Medicaids QMB program

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2015

If you are 65, you are eligible for Medicare, not Medicaid. And I believe that Medicare eligibility is not dependent upon other resources, such as an annuity. Ask the Social Security Administration to be sure, but I don't think you need to be concerned.

1 Answer | Asked in Elder Law for New York on
Q: How do I get a loved one declared unfit to care for themselves?
Marissa Soto
Marissa Soto
answered on Feb 8, 2015

The determination of incapacity is based on clear and convincing evidence that a person is likely to suffer harm because the person is unable to provide for personal needs and/or financial management and the person cannot adequately understand and appreciate the nature and consequences of such... View More

1 Answer | Asked in Elder Law for New York on
Q: When does a Power of Attorney become effective? do I need a Dr.s note or a judge ruling?
James K. Riley
James K. Riley
answered on Mar 9, 2011

There are two types of power of attorney –first, a “general” or “live” power of attorney which can be used by the agent (the person who is authorized to act and sign documents, etc.) at any time and without restrictions as soon as it is signed and delivered and a “springing” power of... View More

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