Elder Legal Questions

Who is your father's agent under the Durable [Financial] Power of Attorney?  That person, not the agent, first or second alternate agent under the Medical Power of Attorney, has the authority to sign a nursing home admission. You may well want to consult with a local elder law attorney.  If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).      ... Read More

While your SSDI should not be affected, some of your other benefits might.  Open an ABLE Account (www.stable.org) and deposit the $10,000 in it.  You and anyone else can contribute a combined amount of up to $15,000 per year.  You will have direct access to the money.  If you need to show that you are not spending it on food, shelter or cash which could be used for food or shelter, link it to a debit card from TrueLink Financial.... Read More

If your husband has Alzheimer's, he may or may not have legal capacity to enter into a marital property agreement giving up his interest in the accounts.  He also may or may not have legal capacity to deal with them.  See a local elder lawyer about this and about the possibility of becoming community administrator or guardian/conservator with the sole right to manage those accounts.  Use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

If the transfer on death deed was properly drafted and executed and recorded in the deed records of the county clerk where the property is located, it should transfer title on death (see what you need to file) and outside the probate estate.  In Texas the Medicaid Estate Recovery Program can only recover from the probate estate. See a medical malpractice lawyer (and if the hip led to your mother's death, a lawyer who handles wrongful death suits), bringing all related documents.  A subrogation claim could be collected if there were something from which to collect.... Read More

Hello, Do you have a will?  If you have a will already, has a revocable trust been created at the same time?  You should definitely consider placing your home either in a trust or in some other type of estate (joint estate? life estate?) there are many options that may avoid probate. If you do not plan ahead, the home will pass according to the laws of intestecy (by statute) and may eventually go to your son, if he is your only child, but I strongly suggest handling this issue in advance. Best of luck, Andrea Jakob... Read More

Only you can grant a power of attorney to somneone.  If you signed a Power of Attorney naming your daughter as your agent, the document probably gave her authority to access your bank accounts on your behalf.  If you did not sign it, she does not have that authority.  If you may have signed it but want to revoke or terminate it your can -- but you must present written notice of this to the bank and everywhere else your daughter might show the Power of Attorney.  You should also inform your daughter.  If you do not feel comfortable with her accessing your accounts, you might want to make a new Power of Attorney appointing someone else.  A local estate planning or elder law attorney can help you.  Use the find a lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

While the Medicaid Estate Recovery Program varies from states to state, most (maybe all) states will not seek to enforce the lien while a surviving spouse resides in the home.  Talk to 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

Name your son your agent in a Medical Power of Attorney and a Durable [Financial] Power of Attorney so that he, acting on your behalf as your agent, can override your wife's wishes in agreeing to a hospital discharge plan.  Discuss these, an Advance Directive to Physicians and similar arrangements with an elder lawyer.  Many will come to you.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

You can certainly deed your home and change the ownership of your bank accounts to a trust with your daughters as beneficiaries  (I would make sure any transfer doesn't violate any benefits you may be receiving...).  Your answer doesn't seem complete and I do not want to guess.  Would you like to provide more information so we can answer the quesiton in better detail?... Read More

Sounds like you need to file to be appointed either the guardian or conservator for your mother. The first gives you full power to control things, the later only gives you power to control finances. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. 
Don't wait any longer, give a call and let's getting working to protect your mother.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read More

Whatever choices we make, we can never be sure they are right.  But you can get more information, and maybe more help.  Visit your local Area Agency on Aging and contact an 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

The agent is required to report to the principal (your mother) and, if she demands it, provide a detailed accounting. In 2017 the Texas state legislature enabled concerned persons to challenge an agent.  Contact a local elder law attorney.  If your mother lacks legal capacity, you may want to consider filing an application for guardianship.  Appointment of a guardian of the estate ends the efficacy of a Durable POA.... Read More

An agent under a Durable [Financial] POA might have the power to change the beneficiary of a life insurance policy depending on what that POA states.  An agent under a Medical POA does not. An agent under a Durable [Financial] POA might have the power to appoint a successor agent depending on what the POA states.  An agent under a Medical POA does not.... Read More

From the description, it sounds as though someone needs to apply to become her guardian.  Talk with a guardianship and/or elder law attorney in your state.  You might find one on the state bar website or by using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Both of your should go to the tax collector's office so you can sign the  title over and the person and that person can register the vehicle in his or her name right there.  You will also be present to tell the tax collector that this is a giftwith no sales tax due.     Do not sign ove a vehicle without being sure the vehicle gets immediately registered in the new owners name ... Read More