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Questions & Answers

Conference at DeskWhen it comes to getting care for the elderly or protecting their interests, many families confront similar issues. Below we have collected questions received over the years from site visitors, along with our answers. Select the subject areas of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

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Q:

Does My Mother's Agent Under a Medical Power of Attorney Have Any Responsibility to Me?

My mother is in a nursing home. Does the woman who is acting as an agent under my mother's medical power of attorney have any responsibility to my brother and me? She doesn't like us, and I am afraid she won't notify us if something happens to my mom. She has already told the nurses not to let me take my mom downstairs to get some fresh air, which is not a medical issue.

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tags: Health Care Decisions
Q:

Can Medicaid Make Me Pay for My Late Motherís Outstanding Nursing Home Bill?

My mother died in a nursing home in 2015 while receiving Medicaid.  Because she had gifted money in 2011, she had to wait out a penalty period before becoming eligible for Medicaid.  She owned nothing at her death.  I have an old will but I haven't shared it with anyone because I didn't think I had to due to her having nothing to pass on. The state contacted me with a bill for her nursing home care.  Can they make me pay the bill? We live in New Jersey.

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tags: Medicaid Rules
Q:

As My Father's Agent Under a Power of Attorney, Can I Add My Son's Name to His Life Insurance Policy?

I have dual power of attorney for my father. At this time there is no beneficiary on one of his life insurance policies and I want to add my son's name as beneficiary. This is what my father would have wanted. Can I do this?

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tags: Estate Planning
Q:

Will an Increase in Income Make a Nursing Home Resident Ineligible for Medicaid?

If a married couple is on Medicaid and one passes away, causing the survivor's assets to exceed the $2,000 limit (because the survivor begins receiving an increased Social Security benefit), will the survivor lose Medicaid eligibility?

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tags: Medicaid Rules
Q:

Are Family Members Entitled to a Copy of the Will When a Loved One Dies?

Do the family of the deceased have the right to be present at a will reading? And are they allowed to receive a copy of the new will that leaves everything to one person in the family instead of divided among the whole family?

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tags: Estate Planning
Q:

What Is the Statute of Limitations to Pay Medicaid from a Special Needs Trust?

With a special needs trust that requires Medicaid to be paid back following the beneficiary’s death, what is the statute of limitations for that repayment? If Medicaid has not asked to be paid back, when can the proceeds be distributed?

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tags: Special Needs Planning
Q:

If I Pay Off the Loan on My Father's House, Will it Affect His Medicaid Eligibility?

My dad has been in a nursing home for about four years. My brother made payments on my father's house for eight years, and I started making them three years ago. I wanted to pay his house loan off and list him and myself on the title but I am concerned how this will affect my dad. Will Medicaid consider this an asset and stop his Medicaid payments? How am I protected for the payments that I have been making for the last few years? I am paying the loan off so there is no sale of the property for a profit. We cannot afford to have his Medicaid stopped and pay the nursing home so I want to make sure that I am doing the right things.

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tags: Medicaid Rules
Q:

Can an Estate Ask a Daughter to Return Money that Was Gifted Before Her Parent Died?

My mother gave me money while she was alive and put it in my name in a bank account. She passed away several years later. Can the executor of my mother's estate request that the money that was gifted to me be returned to her estate?

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tags: Estate Planning

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