QUESTION
My dad's wife is trying to put him in a nursing home. What rights do I have as his son? How do I keep her from spending his money?He has a Will...
Asked on Jun 08th, 2021 on Elder Law - Kentucky
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How do I stop his wife from placing him in a home? What rights do I have as his son? How do we stop her from spending his money? Dad has a Will and she is to get 25%. The other 75% is to be given to us three kids. Dad has a bit of Dementia, he is 86. His hip has been removed so he needs help. I don't want him in a home and I don't trust his wife at all. She is on the bank account with dad. it's the checking account so I don't know how much she can access. She says she can't provide care for him anymore. Afraid to consult with attorneys in that small town. Her whole family were born and raised there as well. Don't know who I can trust. I know dad's attorney has also talked to his wife. I need legal information please.
1 ANSWER
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It is possible and may even be likely that your father can only be cared for in a nursing home, though you could volunteer to take him into your home and give it a try.
Nursing homes cost money. It is possible and even likely that there will be nothing left to pass under your father's Will when he dies. He must spend down to $2,000 before Medicaid (his fellow taxpayers) will pay for his care.
You can consult with an elder lawyer in a nearby county if your like, but the advice is unlikely to differ. You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on Jun 09th, 2021 at 5:25 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.