Elder Legal Questions

You may want to contact your local Alzheimer's Association chapter or an elder lawyer.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).  You may also want to get a marital license or, if your county does this, register your informal marriage with the county clerk so that you can visit your husband, speak for him when he cannot communicate, etc.... Read More

Unfortunately, while the IRS allows anyone to pay directly for someone else's educational or medical expense, Medicaid would regard this as a gift and, as you note, if made within the 60 month before the giver first entered a nursing home (or a hospital, leading to a nursing home stay), impose a penalty period of ineligibility.  Putting the funds in a segregated account which she could still access to pay for care would not help.  The only way to avoid the penalty is to not be in a nursing home (or a hospital, leading to a nursing home stay) for sixty months after the gift is made or be able to prove that it was not made with any thought of qualifying for Medicaid.  If your mother were in her fifties, that might be possible.  The older she gets, the less likely it becomes.... Read More

You will want to have a background check, follow state and US Department of Labor regulations and have a written contract.  For advice on this, you might consider talking with an elder lawyer near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

It is difficult to answer your financial question without a comparison.  Note also that you are probably considering not just what you would pay but what you would hope to get for your money. The legal question implied in your description is a request for someone to represent you in contesting a Will on the grounds of undue influence.  Undue influence is very hard to prove.  Will contests are very expensive.  You would probably have to deposit $20-30,000 to get started and might spend $100,000-$250,000 if the case went to trial, all without knowing whether you would win or lose the $250,000 you seek.... Read More

In addition to firing the caregiver, you can report the theft to the police and, if you have enough evidence that this caregiver took the jewelry and what she took (pictures of the jewelry, receipts), hire a lawyer to sue her for conversion (converting your mother's property to hers).  Please keep in mind that your mother may have put the jewelry somewhere and forgotten -- or that your brother may have taken it.... Read More

While your father may grant you a Medical and a Durable Power of Attorney, he retains the right to decide where he lives.  He can only be a protected person under a conservatorship if he lacks legal capacity to provide for his own food, shelter or medical care or to manage his own finances.  Dignity and independence are important to us all.... Read More

Send a letter certified mail, return receipt requested. Consider contacting your local Alternative Dispute Resolution Center.  If neither of these approaches works, contact a local attorney.  Meanwhile, be sure that your mail is redirected to you.  You might also want to change accountants.... Read More

Estate Planning and long term care planning for a Senior is incredibly important.  Chose an elder law attorney in your area and visit with them long enough for them to get a real feel for what you need.  ElderCounsel is a good source for well trained attorneys their member list can be found at:Elder Counsel Member Directory.  Good luck - Joel Weissler, Weissler Law Group, San Diego, CA 619-281-1888... Read More

Regarding Social Security matter, call the Fraud Division of Socil Security to report.  Whether you can sue the nursing home depends on a number of factors:  (1) the contents of the contract that was signed with the nursing home and (2) whether you have sufficient facts and evidence to directly link the nursing home to the theft.... Read More

Ms. Peters you may telephine my office to schedule a time to talk.  When we talk, try to be clear about what your goals are and what you want to achieve.  Without knowing all of the facts and reading what you wrote, you probably will have to engage in litigation.  Thank you for contacting me. Alfreida V. Kenny, Esq (212) 809-2700.... Read More