About 6 years ago, my dad went into an assisted living facility and, AT THAT TIME, a lawyer put most of his assets in an Irrevocable Income-Only Medicaid asset protection trust. At the time, costs were reasonable ($3500/month) and he had a good Long Term Care policy. My dad went through with this... Read more »
Except in California (where the lookback period is only 2.5 years), the Medicaid lookback period is 5 years. That means Medicaid pre-planning must be done at least 5 years in advance of the need for long-term care. When it comes to Medicaid pre-planning, an accurate crystal ball is extremely...Read more »
The office of aging claims that she can be legally responsible for them (mother and father). She DOES want to be helpful and a good daughter but does she need to be there 24/7? She has had to leave her job and is a ‘prisoner’ to their home. This is all until they are placed in a nursing home.
Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less than... Read more »
this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports...Read more »
My sister (actually best friend) has been placed in a nursing home permanently. Her immediate family will not clean out her apartment. It is paid up for the next two weeks, which is the end of the month. She has nobody else to do it. She stands to lose everything if the management has to clean it... Read more »
When you say clean out, does that mean you intend to store her effects or get rid of them? Even though she doesn't have a will doesn't mean there will no be an estate raised. You might do best with staying out of this or, if your conscience won't allow that, then you could meet with an experienced...Read more »
I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide
I checked with courts - he was not deemed... Read more »
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there...Read more »
I have a 69 year old cousin who lives alone. My cousin was befriended by a woman in the same apartment complex. Over the course of a year, this woman ‘helped’ my cousin spend $100,000 from an investment account. My cousin gave her money ($5000, twice), paid for food, gas, footed her spending at... Read more »
Contact the local police also to report the neighbor's conduct, and have your cousin tell the police that she no longer wants any contact from this neighbor. If the contact persists after the neighbor is so notified, she could face criminal harassment charges. It's worth a try.
My husband and I have been married for 30 years, his oldest daughter seems to think that she can override me when the time comes to put her father my husband in a nursing home. She lives in NC, can she do this?
I do not practice in this area of law but I really doubt that she can do this unless she has herself appointed guardian. She'd have to do that in the state and county where your husband lives and he, and I believe you as well, would have to be notified of her petition.
The answer to that question depends on additional information that you would need to provide. However, I can say the Medical Assistance laws provide protections for a spouse that would include the marital residence if the healthy spouse is residing in it. You mentioned that you are separated, so...Read more »
Only 1 heir (me), no mortgage, no debt either side. mom is 82., dad passed in the fall - sister passed 25 yr ago (not married). I live 1 hr+ away. She just got a settlement from asbestos suit, so do not have to use home for equity to help with monthly bills and taxes for the time being - not... Read more »
They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?
You need to consult with a lawyer to examine the deed. If you and your mother own the home as joint tenants with right of survivorship, her interest would pass to you automatically, but it will cost you 4% inheritance tax on her portion. If you own the home as tenants in common, her interest...Read more »
Just trying to get some advice. My boyfriend lives with his grandfather. His grandfather has no will and was just diagnosed with stage 4 brain cancer. We live in PA so there's no next to Kin laws. He does own a house but with mortgage. His mother and Aunt believe they can come in and take anything... Read more »
I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets...Read more »
I live in Pennsylvania, northampton county... I'm currently in a long term relationship (11 1/2 years). It has been extremely mentally abusive. I want out and am trying very hard to get out. However, he has always had the upperhand, and still does, to point that I look and at times act insane so my... Read more »
Have lived/ cared for nearly 5 years. Her Will states that my brother and I inherit the house 50/50. Upon her death, he wants to sell it and split the money. Will I have any legal grounds to continue to live there as 1/2 of home owner or can he force me to sell right away?
The Will would have to be examined by a lawyer. If your mother truly left the house to the two of you, your brother could bring an action for partition to force a sale. Under any circumstances, you would be obligated to pay fair rental during the time you remain in the house. If your description...Read more »
Mom has assumed that she would do as asked and divide all money equally. It seems that this is not her intention. Mom has no will and has dementia. FYI, my mother's own money is used to pay her bills and expenses that come with her hospice care. My sister does put in more time because she doesn't... Read more »
My Father-in-Law is 90 yrs. old and has dementia. Back in 2014 he received a "Notice of the Recall of your Driving Privilege" He has not sent his license in and thinks he can still drive. What is the financial penalty or is there a financial penalty for not sending his drivers license in.
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.