Elder Legal Questions

If there is no written lease, your brother is a guest or a tenant at Will.  Your father can change the locks.  He can also bring an eviction suit in small claims court and hire the sheriff to remove your brother.  If your brother is exploiting your parents, anyone can bring a complaint to Adult Protective Services.... Read More

Be careful not to sign anything as "responsible party" and cross those words out wherever they appear in the resident's agreement and any associated documents.  If your sister cannot sign an promissory note, promissing to repay you, the months for which you pay may be a gift.  It is very likely that your sister will need Medicaid (Medicare is healh insurance; Medicaid helps with nursing home and other long term care).  Apply as soon as she is admitted.  (Hopefully she has named you her agent under a Durable Power of Attorney and you can access her finances and records.)  Medicaid backpays for up to three months.  When the application is approved, ask the nursing home for a refund. Every state administers Medicaid a little differently.  You might want to consult with an elder law attorney.  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

While a Medical Power of Attorney is needed to speak for someone who cannot communicate and a Durable Power of Attorney is needed to access their funds to pay bills, the husband may need neither.  Section 313.004 of the Texas Health and Safety Code provides that if there is no Medical Power of Attorney, health care providers should turn to the next of kin, beginning with the spouse.  The husband and his wife may have a joint bank account which he can access to pay bills.... Read More

Unlike Medicare and Social Security, Medicaid, which pays for long term care, does not have a trust fund.  It is paid out of the general tax revenues.  That is why we must pay all we can before Medicaid will pay. If you would like to discuss protecting your assets and income with a local elder lawyer, you can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

The agent under either a Durable Power of Attorney or a Medical Power of Attorney does not have the authority to make this decision.  Authority to share medical information is granted by someone (in this instance, your mother) by signing a HIPAA Medical Information Release stating who may disclose medical information, any limitations on what may be disclosed, and to whom it may be disclosed.  Sometimes this is a separate document.  Sometimes it is incorporated in the Medical Power of Attorney. Please keep in mind that nusring homes typically designate one family member as the point of contact.  This is designed to assure that one party has all the information and can share it with others rather than each person having a piece of the picture (recall the story of the blind men and the elephant).  ... Read More

From your description it appears that the only way to rope in the attorney who drafted the trust would be if you could prove that he was party to a fraud:  perhaps that he knew or should have known that your husband lacked legal capacity to sign the trust document and himself financially benefitted.... Read More

If your mother is unwilling, she must say that she is.' The language of the Durable Power of Attorney and state law determine what "disabled" means.  Please note that a Durable Power of Attorney does not preclude your mother from acting or let someone else "take over."  A Durable Power of Attorney names an agent who can act on behalf of your mother, putting her interests first, and must report to her.  Your mother can revoke it.  ... Read More