If she has a medical necessity for skilled nursing care (which she does) and no more than $2,000 (which you anticipate), and an income below the income limit either on its own or by flowing it through a Qualified Income Trust (also called a Miller Trust), she will qualify for Medicaid. She can...Read more »
After I became a guardian. I found out the temporary guardian settled outside of court with the boarding home that was neglecting my father. I was never inform and this info was hidden from me. I found all this out on my own. My father is now deceased. Shouldn't that money have gone to the... Read more »
This sounds like a very bad idea, possibly abusing an elderly person.
Rather than take the law into your own hands, you might report your grandfather to Adult Protective Services and consult with an elder law attorney about how to protect your grandmother. You can locate one near you using...Read more »
My 55yr old special needs brother has lived in a nursing home for four years. Prior to that, he has lived in group homes, assisted living facilities, apartments, and two other nursing homes. All were short stays as each ultimately ended with him being asked to leave. He is doing well where he is... Read more »
There are only six legal reasons for discharge from a nursing home which accepts Medicare or Medicaid. The one this facility seems to be relying on is an allegation that he no longer needs nursing home care. Gather his medical records to show that this is not true. Also show why a discharge to a...Read more »
As long as the mortgage payments are current, there should not be a problem. The biggest thing for them is simply that they get their money. If your mother can't afford to make the payments, then you'll either need to help her refinance the mortgage or sell the property.
I live in Tx. with my mother who is 84 and I know she has some form of dementia but hasn't been diagnosed by a specialist. I can't get her to go to the neurologist even though her regular dr wanted her to be evaluated. She needs help either needs to be placed in a home or... Read more »
Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »
You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.
Given your age, this largely turns on (1) whether you are one of the over 70% of Texans who must apply for Medicaid to pay for long term care and (2) whether you are willing to enter a Medicaid nursing home in order to preserve the home for your spouse, child or whomever else you want to leave it...Read more »
Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical... Read more »
You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your...Read more »
The wife can apply to become Community Administrator. Note that this gives her control of all the community property but not of her husband's separate property, if any. If he has not named her his agent under a Durable Power of Attorney, she will need to become his guardian to control any...Read more »
Inherited value $7000.Mom rechecked dad approval he loaned truck 4transport.saw it gone ask Dad-i was at wk not q&a gf,911 ins claim,not want addict gf only 1 hm in trouble.Not gone by itself @mom call 911incident report not owner
Jody also has Paranoid Schizophrenia and is becoming increasingly Psychosis. The group home he was placed in apologized to me for accepting Jody and admitted they were ill equipped to help him! I spoke with adult protective services and the hospital corporate complaint number and the person kept... Read more »
You may have been misinformed. A patient may be discharged as soon as practicable if he is a danger to himself or others. However, from your description it would appear that a discharge to a nursing home would have been more appropriate...if Jody were eligible for and receiving Medicaid. People...Read more »
A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »
She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.
In Texas a Durable [Financial] Power of Attorney is the document your father would have signed to name and grant an agent the power over his finances needed to access his bank account, sell his property and pay for his care. If your father did not sign that document while he had capacity to do so....Read more »
He is still ablebodied. Does some limited driving, washes laundry, dresses himself, etc. The APS has him in a long term facility to give him therapy. There is no abuse, neglect (unless it's self neglect), etc.
What is your question? Generally speaking, APS can offer services but not impose them. It certainly has no authority to force someone into a long-term care facility. At most, it can bring a referral to a court for a mental health commitment, something which happens maybe two or three times a...Read more »
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