Connecticut Elder Legal Questions

A Will might designate an executor to administer the estate but it cannot designate an agent under a power of attorney.  Both a medical and a durable [financial] power of attorney expire with the person who grants them.  You do not have rights in this situation but your mother does.  If you fear your brother is isolating her, report this to Adult Protective Services.  You may also want to talk with an elder lawyer.  You can find one near your mother on the website of the National Academy of Elder Law Attorneys (www.naela.org).  ... Read More

You could consider putting funds into a bank account over which only your mother and her agent under a Durable Power of Attorney have authority, perhaps requiring in the DPOA that the agent supply an accounting to any sibling within 10 days following dated written demand sent CM RRR.  You could also create and contribute to a trust with none of you acting as trustee.... Read More

You do not describe the result of your contact with Elderly Protective Services. Unless there is a history of abuse or exploitation, not even a guardian can restrict a person's right to contact with others.  You may want to talk with an elder lawyer.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)  ... Read More

Send a letter certified mail, return receipt requested. Consider contacting your local Alternative Dispute Resolution Center.  If neither of these approaches works, contact a local attorney.  Meanwhile, be sure that your mail is redirected to you.  You might also want to change accountants.... Read More

He himself has the choice.  If he has named an agent under a Medical Power of Attorney, that person can be his voice.  If not, most states turn first to the spouse.  Frustrating though you may find the current situation, you do not have authority to alter it.  What you can do is try to persuade the wife, perhaps in a family meeting, perhaps in a family meeting mediated by a social worker or professional guardian experienced in such matters.  Ask the social worker at the facility for recommendations or contact your state guardianship association.  Be sure to gather as many facts as you can first.  You may think that he is not being provided the necessary therapy, but the doctor may have ordered what he or she finds appropriate under the circumstances.  Your first visit may be with the doctor.... Read More

As long as he is mentally capable of doing so, he may gift his portion of the property to whom he likes. That being said, a spouse in Connecticut can elect to take a marital share of the estate, provided he or she is still married to the decdent at the time of their passing. Upon the death of a spouse, the surviving spouse may elect to take their statutory share of the real and personal property passing under the will of the deceased spouse. C.G.S. 45a-436a. This means that a surviving spouse, whether it be the husband or the wife, cannot be disinherited in Connecticut.  However by opting to take the statutory share you are choosing not to take what is specified in the Will for you.  You would be well advised to seek experienced legal counsel. ... Read More

My disclaimer is that I don't practice in Connecticut but I am almost positive that they will treat any funds in an account that has her name on it as 100% available to her UNLESS you can meet the burden of proving that the funds were actually yours and not hers.  You indicated that that was not the case here.  Furthermore, I would be very careful about taking her name off of that account or moving those funds to an account that is not in her name.  I would strongly suggest meeting with an elder law attorney in your area so that you can discuss ways to plan for Medicaid eligibility for your mother.... Read More