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Minnesota Elder Legal Questions

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10 legal questions have been posted about elder law by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Minnesota Elder Questions & Legal Answers
Do you have any Minnesota Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 10 previously answered Minnesota Elder questions.
Elder Law
Minnesota

Recent Legal Answers

If my Mom pays my bills (electric, water,gas) DIRECTLY, is that considered a "gift" for Medicaid look back purposes?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Yes -- unless you have a lease which requires it.  Use a standard lease form so that you can deduct your landlord expenses on your taxes.
Yes -- unless you have a lease which requires it.  Use a standard lease form so that you can deduct your landlord expenses on your taxes.

Gifting and Medicaid eligibility?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Unfortunately, while the IRS allows anyone to pay directly for someone else's educational or medical expense, Medicaid would regard this as a gift and, as you note, if made within the 60 month before the giver first entered a nursing home (or a hospital, leading to a nursing home stay), impose a penalty period of ineligibility.  Putting the funds in a segregated account which she could still access to pay for care would not help.  The only way to avoid the penalty is to not be in a nursing home (or a hospital, leading to a nursing home stay) for sixty months after the gift is made or be able to prove that it was not made with any thought of qualifying for Medicaid.  If your mother were in her fifties, that might be possible.  The older she gets, the less likely it becomes.... Read More
Unfortunately, while the IRS allows anyone to pay directly for someone else's educational or medical expense, Medicaid would regard this as a gift... Read More

How does my sister (who is on countyassistance) handle a gift from her former employer?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
If your sister is under 65, you can open an account with a master pooled special needs trust in your state.  Due to a very recent MN court decision, you may also be able to open an account if she is over 65 if the amount is such that she can reasonably expect to receive fair market value in goods and services from the transfer.  You can discuss this with an elder lawyer and find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
If your sister is under 65, you can open an account with a master pooled special needs trust in your state.  Due to a very recent MN court... Read More

How do I set up estate to avoid probate when deceased ?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may want to see an elder lawyer who does estate planning to make sure that you provide for your care during the retirement years as well as for your children after it with a view to avoiding probate to the extent appropriate.  To find one near you, please see use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
You may want to see an elder lawyer who does estate planning to make sure that you provide for your care during the retirement years as well as for... Read More

Applying for Medicaid, will they look at expenses for her home in spend down even tho she is not living at her home?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Medicaid is administered by the states so differs a bit from state to state.  You might want to consult with an elder lawyer near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Medicaid is administered by the states so differs a bit from state to state.  You might want to consult with an elder lawyer near you.  You... Read More

7 years ago I quit my job and moved to care for my mother. At the time my 4 siblings assured me that I would be able to continue to work and live. no

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
In addition to contacting the police, you may bring a civil suit for damages.  If you are unable to work because of your injuries, you may also apply for Social Security benefits.  If you cannot find a lawyer on this listserv, try the state bar website.  If you cannot afford a lawyer, you may qualify for free legal representation through Volunteer Legal Services or for reduced cost representation through the Lawyer Referral Service's Modest Mean program.... Read More
In addition to contacting the police, you may bring a civil suit for damages.  If you are unable to work because of your injuries, you may also... Read More

Elder law

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your mother, not your sister-in-law, has the right to choose who will visit her and who she will speak to. An agent under a Medical Power of Attorney has no obligation to convey information to anyone but health care providers.  (In some states a guardian may have an obligation to convey certain information to certain relatives who elect to receive it.)  ... Read More
Your mother, not your sister-in-law, has the right to choose who will visit her and who she will speak to. An agent under a Medical Power of... Read More

im listed as the beneficiary on my fathers bank account. is that enough or do i need a poa ?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
A beneficiary on an account receives the money after the account holder's death. Have your father sign a Durable Power of Attorney appointing you as his agent ASAP -- before his dementia makes him legally unable to do so. Also have him sign a Medical Power of Attorney so that you can speak for him in making medical decisions when he is no longer able to communicate.  This should be accompanied by a HIPAA Medical Information Release Form so that the doctors can talk to you.  ... Read More
A beneficiary on an account receives the money after the account holder's death. Have your father sign a Durable Power of Attorney appointing you as... Read More

what type of lawyer do i need to evict a family member out of my vulnerable adult mothers home

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
You do not need a lawyer.  Your mother or, if you are her agent under a Durable Power of Attorney, you can file an eviction proceeding in justice of the peace or small claims court and get the sheriff to evict your brother.
You do not need a lawyer.  Your mother or, if you are her agent under a Durable Power of Attorney, you can file an eviction proceeding in... Read More

How can assets be protected for the spouse when an Alzheimer’s patient has to be moved to a home?

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes!  It varies by state.  Consult with a local elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Yes!  It varies by state.  Consult with a local elder law attorney.  You can find one using the Find a Lawyer function on the website... Read More
Elder Law
Minnesota

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