Elder Legal Questions

You should have both.  the durable general power of attorney gives you authority to control her finances.  The healthcare power of attorney/livingwill allows you to assist with medical decisions.  You can find a form healthcare power here.  You should retain an attorney to assist with the other POA.  We can do that for you if you'd like.... Read More

Unfortunately it's late in the game to be asking how to protect your father's assets, as the judgment now gives the nursing home a claim against his assets.  The time to contact an elder law attorney would have been no later than when your father entered the nursing home, as asset protection planning would have been viable at that time. But to answer your primary question, it's unlikely your father can keep any of his assets, with the exception of any IRAs or retirement accounts, as the nursing home can now move to seize his non-exempt assets.  But you may be able to use some of his funds to purchase a burial account, although you run the risk of the nursing home cliaming some type of fraudulent conveyance in light of their judgment. You really need to call an elder law attorney in your area to see what options may be available; but I don't have much optimism you'll be able to save much of your father's estate.  ... Read More

I think there are 2 questions here: 1) can GD use the POA to sell the house and 2) should GD sell the house.  As for the first, most POAs permit an agent to sell the principal's house.  You'd have to review the POA to know that specifically.  If she did try to sell the house, the settlement agent for the closing would want to know why Mom isn't involved in the transaction and would ask Mom, if able, to sign documents.  Selling a house with a POA can be tricky.  As for second question, if Mom intends to apply for long term care medical assistance for her nursing home stay, the house doesn't count against her eligibility.  If the house is sold and converted to cash, the cash would count against her. I suggest that your family consult with an elder law attorney (like me) before doing anything with Mom's assets.... Read More

Yes your father can contribute financially.  The concern is that his financial contributions may be deemed as gifts and result in a period of ineligibility for long term care medical assistance if he eventually needs skilled nursing care in a facility.  So his contributions should be done w/in the context of a written agreement.  It's entirely appropriate for him to pay something for his room and board.  You should consult with an Elder Law attorney to assist you with this process and to give you additional advice on how to preserve his assets and plan for the potential need for medical assistance. ... Read More

Sometimes what appears from the outside to be financial abuse of the elderly might be something entirely appropriate.  So my first suggestion to you is proceed with caution.  If you've not addressed your concerns directly with the companion, then I suggest that you do that.  See what reaction you receive, what information you receive.  If you have siblings, you might considering asking them if they share your concerns.  Get a unitied front if possible. There's strength in numbers.   Have you talked to your mother?  If you think this person is abusing your mother, you have a couple of options.  One would be to contact your local Area Agency on Aging and report financial elder abuse.  You might also contact the police.  If your mother's congitive function is such that she can no longer manage her finances without help, you could petition to be appointed guardian of your mother or at least her finances.  You'll have to prove her mental incapacity and you'll be able to attack the companion's perceived abuses of her finances in that proceeding ... Read More

You're right to be concerned about her care.  You might consider contacting a local area agency on aging to request that she be assessed for her needs.  that would be step one.  As for changes in her assets, you might think about that after you make some decisions on her care and where it will occur (in your home or in a memory care facility).  Transfers of her real estate than have a significant impact on the sources of payment for her care so I would strongly recommend that you seek the advice of an estate planning or elder law attorney before you make any changes at all. ... Read More

You can file a guardianship to declare your mother incapacitated.  Then she cannot divest herself of her assets, and the court will monitor her finances.  If you are in Monmouth or Ocean Counties, call my office and I can help you.  If you are in another county, use the Lawyers.com search functions to find an elder law attorney in the county in which your mother lives. ... Read More