Elder Legal Questions

Most states no longer have filial responsibility laws. Nonetheless, before bailing on the person who changed your diapers and fed you, you might want to visit the local Area Agency on Aging to arrange for services such as Meals on Wheels and, if your mother has Medicare Advantage, contact the insurance company to see whether they are experimenting with delivering groceries and transporting people to medical appointments.  Local pharmacies and groceries may also deliver.  Depending on where you live, you or your mother may be able to pay someone to come in to do her laundry.... Read More

Your mother, not your siblings, decide who should visit her.  This is true even if one of your siblings has become the court-appointed guardian of the person. (There is an exception if the proposed visitor has been abusive or exploitive.) If your mother is in a facility, discuss this with the administrator.  If the administrator does not respect your mother's right to choose who visits her in her own home (which the facility has become), you might consider calling a local elder law attorney.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)  ... Read More

Transfers to a trust or anyone or anything else for less than fair market value within the 60 months before a nursing home Medicaid application face the rebuttable presumption that they were made in order to qualify for Medicaid.  The likelihood of needing nursing home care within five months of an AD diagnosis is high.  While the widower can spend his money creating a trust "or other such protection," he is so likely to require nursing home care within five years that this could be a complete waste of money needed to pay for aides, assisted living and other efforts to postpone residence in a nursing home.  You might want to consult 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)... Read More

Rather than attempt to sue your brother for defamation, which costs money and takes more time than your stepfather may have left, you might want to remind the nursing home that your stepfather, not your stepbrother, gets to decide who visits him.  You might also call APS and report that your stepbrother is abusing your stepfather by isolating him from you, his grandchildren and greatgrandchildren and give them whatever information you have about attempts to steal the home.... Read More

You do not need to divorce.  The home is protected as is a spousal resource amount and a monthly income.  You might want to use the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys to find an elder lawyer near you who can give advice based on the specifics of your situation.  www.naela.org... Read More

A "POA" usually refers to a Durable [Financial] Power of Attorney, not a Medical Power of Attorney. While some Durable Powers of Attorney specifically allow the agent to appoint someone to act in their place (your mother could have appointed your stepfather her agent with the power to appoint someone to act in his place), this is almost never the case with a Medical Power of Attorney. Clarify which document was relied on.  Talk with the facility.   If necessary, apply to become your mother's guardian.          ... Read More

In some states your attorney must obtain the Court's prior permission, submitting a contract of sale and comps and appearing at a hearing, and the closing must be into escrow for a certain period in order to permit others to object that it was not conducted at arm's  length before the judge can sign a decree of sale and keys and cash can be disbursed.  Contact the attorney who represented you in applying for conservatorship.... Read More

An agent under a Durable Power of Attorney is required to put the interests of the person who granted the attorney (your mother-in-law) first.  You might consider raising the possibility of fraud and elder exploitation with an elder law attorney, the DA and the AG.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

You have asked several questions. Because a caregiving agreement is a personal service contract, it may well end if the caregiver becomes incapacitated -- but does not end if the person receiving care becomes incapacitated. Ordinarily the agent under a Durable Power of Attorney granted by the person receiving care would have authority to fire the caregiver.  That person does not have to be a relative. If the caregiver is the agent under a Durable Power of Attorney granted by the person receiving care and is thought to be exploiting or abusing the person needing care AND the person now lacks legal capacity to revoke the Durable Power of Attorney, it may be necessary to seek a guardianship. Please consult a local attorney handling guardianships.  You can find a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)    ... Read More

There are two considerations. First, as agent under a Durable Power of Attorney your sister can withdraw funds, even all the funds, on your mother's behalf. Second, IF she is "on the bank account" as a joint account holder, she is entitled to half the money when your mother dies.  If the account is "joint with right of survivorship," she is entitled to all of it.  Such accounts pass outside the Will.  But Massachusetts may allow her to be "on the account" merely for convenience.  If so, she is entitled to none of it.  ... 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