Oregon Elder Legal Questions

A home is not counted in determining Medicaid eligibility. In some states, a transfer on death or Lady Bird Deed is available to transfer the home free of Medicaid Estate Recovery. However, bank accounts available to either of you are considered in determining Medicaid eligibility:  spouses have a duty to support one another.... Read More

While an attorney can be named as executor of your estate including your digital estate, you will need someone else to serve as your agent for health and financial matters while you are alive.  In many areas there is a non-profit who will serve.  Some geriatric care managers will also serve.... Read More

If your aunt does not have legal capacity to contract, say, to sell her home or start a business, she does not have legal capacity to sign a Durable [Financial] Power of Attorney.   A guardianship (conservatorship) must be sought and can only be awarded by the local probate court. If your aunt does not have physical capacity to sign or can only make an "X", some states will allow a notary, with witnesses, to sign for her, making a special notation on the document.  From your description, it appears that your aunt also cannot speak.  If she cannot understand the meaning of the document and cannot somehow communicate that she wants to grant a POA, this approach cannot be used.  Again, someone must seek guardianship.  ... Read More

The answer varies from state to state.  Some states, such as Pennsylvania, file a lien on the house when a person applies for Medicaid.  Others, such as Texas, do not consider the home an asset as long as the person has an intent to return and even allow the person or her agent under a durable power of attorney to record a deed transferring the property on death, free of probate and free of Medicaid estate recovery.  To learn about the law in Oregon applicable to a particular situation, you might want to contact a local elder lawyer.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Property in a revocable living trust is treated as though no trust existed. Property in an irrevocable trust which could benefit the person is treated as though it were the person's. While Medicaid is a federal program, it is administered by the states.  Every state sees things a bit differently. You might want to talk to a local elder lawyer.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)     ... Read More

See the local rules about posting a No Trespassing sign.  Change your telephone number and email address.  Talk to a local lawyer (laws in this area vary by state) about getting a temporary restraining order which, within two weeks, can turn into a temporary or a permanent injunction against contact.... Read More

    The Oregon Department of Human Services, Seniors and People with Disabilities Division may be contacted during the week at 503-945-5811. That division may or may not be helpful to your situation with your grandparents. Listings of lawyers who practice elder law may be found on this website, www.lawyers.com as well as the National Academy of Elder Law Attorneys website at www.naela.org.     I wish you and your family well. This posting is for informational purposes only and does not constitute legal advice nor the establishment of an attorney-client relationship. The poster is licensed to practice law in Illinois and not in the State of Oregon. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More