Elder Legal Questions

Each person is responsible for their own expenses.  Please be careful to structure your payments to your mother as rent so that Medicaid does not treat them as gifts if you enter a nursing home and need Medicaid:  transfers for less than fair market value during the 60 months before the month of Medicaid application are treated as an attempt to qualify for Medicaid, resulting in a penalty period during which Medicaid does not pay.  Please also note that if your mother enters a nursing home and needs Medicaid, Pennsylvania can put a lien on her home.  Lastly, these days more people are going into assisted living, which is not paid for by Medicaid or Medicare (though Medicare will provide home health services there on doctor's orders).  Your mother may want to access the equity in her home to pay for this,  To discuss your situation and the possibilities in detail with an elder law attorney, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Because signing as your mother's agent to pay you personally would be a conflict of interest and self-dealing, the family caregiver agreement should be signed by the alternate or substitute agent.  Keep a detailed log and receipts.  Arrange for payroll withholding.  Make sure all your siblings are on board and that no one is likely to accuse you of exploitation now or when they receive less than anticipated under the Will.  Consult an elder law attorney to make sure that all of this is done in a way which prevents North Carolina Medicaid from treating the payments as "gifts" which would disqualify your mother for Medicaid.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

If your mother has not granted and does not have legal capacity to grant you a Durable Power of Attorney and has not protected at least some of her money from her own folly in an income only trust, you may need to seek conservatorship (guardianship of her estate).  It will only be granted if she lacks legal capacity.  We all have a Constitutional right to be fools.  You can find a local elder lawyer to advise on your specific situation by using the Find a Lawyer function of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

You can charge her (perhaps offsetting the costs for the care she provided during your infancy and childhood).  You should have a family caregiver agreement specifying time and task, giving each of you an "out," keep careful records and deduct for Social Security, Medicare and payroll withholding (There are services which will do this for you.)  You should make sure that this is done in a way which will not affect VA and Medicaid benefits she may need now or in the future.... Read More

You can contact the police about theft and Adult Protective Services and Better Business Bureau about the scam.  Get your papers and pictures together and write a date by date description of what happened.  For advice on what further action you can take in your area, you may want to talk with an elder lawyer.  You can use the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Medicaid is funded partly by the federal government and partly by the states.  Different states have (slightly) different rules.  Contact a New Jersey elder law attorney.  You may want to use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Many elder law attorneys -- and some notaries -- travel.   If your aunt only needs a notary, google "travelling notaries New Jersey".  If she needs an elder law attorney, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org )... Read More

Contact your county bar association.  Ask for information on Volunteer Legal Services, Lawyer Referral Service (which typically has a modest means program) and any low or no cost representation for seniors.   Also contact your local Area Agency on Aging about tenant councils and others who assist seniors.  ... Read More