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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:

What Can I Do if There Is No One to Replace Me as Agent Under a POA??

I am an agent under a durable power of attorney for a friend with a challenging form of dementia. I can no longer serve as her agent, and she has no other friends willing to do it. What are my options?

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tags: Estate Planning
Q:

Can an Agent Under a Financial Power of Attorney Revoke a Health Care Power of Attorney?

I live in Kansas, and I am the agent under my aunt's durable power of attorney. Together, we appointed her daughter as power of attorney for health care. I would like to revoke the health care power of attorney, but my aunt is now incapacitated. As her agent under the durable power of attorney, can I draw up and sign the revocation of the health care power of attorney?

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tags: Estate Planning
Q:

Can an Agent Under a Power of Attorney Pay His Mother's Bills Even If His Mother Objects?

My 81-year-old mother lives in a continuing care community. She is bipolar and sometimes has questionable judgment. The bank in the community was taken over last summer by another bank. My mother does not trust the bank and refuses to order checks or use the bank, but she does use the ATM for cash. She has refused to pay her monthly facility fee for the past four months because she has no checks. My brother is her agent under a power of attorney and is being asked to use my mother's money to pay her fees (which have accumulated to $12,000+). Can he do this without her permission? He has access to her money and is willing to pay the bill. We just worry about legal consequences for him if he uses her money without her permission.

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tags: Estate Planning
Q:

Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?

My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that is paid for and the car I drive. The car is in his name, but I make the monthly payments. I have about a year of payments left on this car. Will Medicaid take both of these vehicles, or is the one I drive OK because I'm still paying on it? He owns no other property.

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tags: Medicaid Rules
Q:

Must an IRA Inherited from Father Be Used to Pay Mother's Medicaid Bill?

I have a client whose father was a resident of Arkansas and passed away recently. The son is the beneficiary of his father's individual retirement account (IRA). His mother is in a nursing home on Medicaid, also in Arkansas. Will Medicaid come after the son for the inherited IRA assets and force the son to give up those assets to pay for the mother's care?

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tags: Medicaid Rules
Q:

What Should I Do If I Purchased Long-Term Care Insurance from a Disreputable Company?

My spouse and I purchased a long-term care policy a few years ago when we were both in our 50s. We are now both in our mid-60s, in pretty good health, and have paid premiums religiously. However, we recently did some research and have learned that the company we purchased from does not have a good reputation for paying clams or keeping track of records. Apparently, the company often requires that records be sent repeatedly while the company delays reimbursement of expenses. If/when the time comes that we need to file for benefits or a claim, should we involve an attorney in the initial claim, e.g., have the attorney forward our claims to the insurer? Would it provide any greater likelihood that we wouldn't get the run-around that so many other policyholders seem to have encountered?

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tags: Long-Term Care Insurance
Q:

Will My Mom Still Get a Penalty Period If I'm Using the Transferred Money to Pay Her Expenses?

My mother sold her home a year ago and moved into an independent living apartment. She had early stage dementia. The money from the sale of her home was put in a checking account in my name with my brothers as beneficiaries. I have been paying my mother's rent from this account. Did I make a mistake by putting the house money in an account in my name, even though I intend to use it for my mother's care? I was concerned with her poor judgment in managing her money and thought this would assure its protection. When my mom goes into assisted living, I intend to pay for her care with this money until it is gone and then apply for Medicaid. Will my mom incur a penalty period, even though all this money has been, and will be, used to pay for her care?

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tags: Medicaid Planning
Q:

Can a Medicaid Recipient Allow Someone to Live in Her House Rent-Free?

Can someone on Medicaid allow a grandchild to live in her house and not pay rent, just maintain the home?

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tags: Medicaid Rules

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