Minnesota Elder Legal Questions

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 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 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 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 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 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 Answer