Elder Legal Questions

From your description, it sounds as though your inheritance is subject to the Medicaid Estate Recovery Program.  This means that you cannot inherit until Medicaid is reimbursed for the cost of your aunt's care, at abouct $6,000-6,500/month.  While Medicaid may waive recovery for a child who resided in the home, providing care which delayed the need for a nursing home, for at least two years, there is no similar provision for a niece or nephew.  A niece or nephew would have to argue that Medicaid recovering from the estate, as Congress requires, would work a "undue hardship," forcing them onto public assistance.  For help in making this argument, see a local elder law attorney.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

While there is a standard monthly income allowance and a standard property allowance for the spouse who does not enter the nursing home, how these rules are applied vary from state to state.  You might want to start by 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

Medicaid only pays when we cannot.  However, there is a "Monthly Minimum Maintenance Needs Allowance" set aside for the spouse, which varies from year to year.  In 2020 it is $3,216.50.  There is also a "Spousal Protected Resource Amount" of half the "noncountable resources" up to $126,800 (2020).  In many states "noncountable resources" include the house and one car.  You might like to consult with an elder lawyer to make sure there is sufficient support for you once your husband enters a nursing home and applies for Medicaid and that, should you pass first, your funds will not be counted in determining his continuing eligibility for Medicaid.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Report online to Adult Protective Services.  The caseworker may be willing and able to confront her -- or not. Hire an elder lawyer to send her a demand letter.  In Texas abusing, defrauding or exploiting an elder is a first degree felony. Neither of these may work.  Then hire a lawyer to file a Motion for a Temporary Restraining Order.   Whatever you do, get her off your bank account.  If she or your son is your agent under a Durable Power of Attorney, revoke it, grant a new one to someone else and record the revocation and the new Durable Power of Attorney in the county deed records and send them a copy. It can be hard to face the fact that there is a thief in the family.  But it is all too common.    ... Read More

Nothing, for now.  Memory care facilities are assisted living facilites.  They do not accept Medicaid.  However, eventually your wife may need a skilled nursing facility, which does.  Since her residence will be in Idaho, Idaho's interpretation of Medicaid rules will govern.  You might want to consult with an elder law attorney.  You can find an Idaho elder law attorney near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

I am sorry for your trouble.  2-5% of elderly people develop unwarranted suspicions that their medicine is poison, that someone is trying to rob them, etc.  Sometimes new people in their lives become their new "friends," for awhile.  It can be very upsetting for relatives who care for them.  If it gets to the point that your grandmother cannot live alone but you cannot live with her, you might see whether she is a candidate for an assisted living or skilled nursing facility.... Read More

From your description, your mother lacks the legal capacity required to grant a Durable [Financial] Power of Attorney or enter into a contract to buy a car.  If you think that she needs someone to take control of her financial affairs, hire a local probate attorney and apply for guardianship.... Read More

No.  Facilities often mistakenly believe that the agent under the Medical Power of Attorney has the right to determine who may visit but that person does not.  Even a guardian of the person cannot restrict visitors except if someone has abused or exploited the person.  This is false imprisonment.... Read More

Only your grandmother can decide who she does and does not see, who she talks to on the phone or does not accept calls from -- unless that person has abused or exploited her.  If you are certain that your grandmother would like contact with you despite your relationship with your uncle, report your fear that he is isolating her to Adult Protective Services.... Read More

First determine whether your father gave your brother, agent under his Durable [Financial] Power of Attorney authority to take the guns.  If not, report this to Adult Protective Services and ask a local probate attorney whether Iowa allows someone mentioned in the Will (presuming that you are) to bring a court action against a DPOA agent who violates his duty or whether your father, who named his agent, must do so.  The sheriff has no authority to act without a court order.... Read More

If you sell your house to your son for less than fair market value and one of you needs Medicaid nursing home care within five years, either your son can give the home back (which may not happen:  he may have creditors who attach the home) or Medicaid will not pay for your care for the fair market value of the home divided by about $200.  For example, if you sold your home for $1 and the fair market value is $200,000, Medicaid will not pay for 1,000 days -- about three years. If you put your house in a trust, Medicaid will count it as an asset and you will have to sell it and spend down to $2,000 in assets before Medicaid will pay. In Texas, however, your house outside a trust will not count against you in determining nursing home Medicaid eligibility as long as you have an intent to return. To preserve your house from Medicaid Estate Recovery after both of you have passed, sign a Transfer on Death or a Lady Bird Deed before a notary and record it in the county deed records.  Title companies tend to prefer the former, which does not come with title insurance.  Elder lawyers often prefer the latter, which does come with title insurance and which can be signed by an agent under a Durable Power of Attorney.... Read More

If your parents have legal capacity to contract, they can appoint you their agent under a Durable [Financial] Power of Attorney. If they have legal capacity to make medical decisions, they can appoint you their agent under a Medical Power of Attorney. Only a person who lacks legal capacity to provide for their own food, shelter and medical care or to manage their own finances can be placed under a guardianship/conservatorship.  The procedures vary from state to state.  Please talk with a local estate planning and guardianship attorney.  ... Read More

You face perhaps insuperable challenges.  First, you must prove that your father intended to leave the money to you, perhaps in a Will.  Second, you must prove that your sister defrauded your father.  Third, you must find your sister.  Fourth, you must find the money  Fifth, the statute of limitations may have run:  it may be too late.... Read More

There is no such thing as a verbal POA.  If your mother has appointed your sister her agent in a written Medical POA, your sister, not you, can speak on her behalf.  If your mother needs 24/7 care she needs either a huge amount of money to pay for it at home (at about $25/hour) or nursing home care.... Read More