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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:

Is a Power of Attorney Valid in Another State?

I am the agent under a durable power of attorney (DPOA) executed in 2013. Is the document still valid if I move to another state?

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tags: Estate Planning
Q:

Can Medicaid Demand Repayment If My Husband Recovers From His Illness?

My husband is currently ill with cancer and is disabled.  If he qualifies for Medicaid to help pay his medical bills for four months or so and then recovers enough to eventually go back to work (even part time) after first being treated, will he have to pay back Medicaid for all the money they spent on his care?

 

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tags: Medicaid Rules
Q:

Is an Agent Under a Power of Attorney Entitled to Compensation?

My wife and I have are agents under my 86-year-old mother's durable power of attorney. We are her primary caregivers because she is not able to cook her own meals, clean her own home, do her own laundry, do grocery shopping, drive herself to doctor's appointments, allocate her own medications, or pay her own bills. We are both with her 24/7. I gave up my employment 10 months ago in order to care for her. Are we entitled to some form of compensation under the power of attorney? 

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tags: Estate Planning
Q:

Is Using an Online Power of Attorney Form a Good Idea?

My mother wants me to be her agent under a power of attorney, and I went online and found a form I can print up and take to a notary. Is this legal? 

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tags: Estate Planning
Q:

Can I Force My Brother to Close Out My Mother's Estate?

My mother died 13 years ago. My brother has been in charge of her estate. He refuses to put her home up for sale, instead using the estate’s money to pay the upkeep on an empty house for 13 years. What can we do to get this estate settled? Can my brothers and sister do anything? 

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tags: Estate Planning
Q:

Is It Better to Rent or Buy After Selling Our Family Home?

My wife and I would like to sell our large single-family home and move into a rental community. Would it make more sense to purchase another less expensive replacement home to "protect" assets rather than just sell our present home and bank the money? 

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tags: Medicaid Planning
Q:

Are There Ways to Keep a 401(k) Account From Being Counted as a Resource by Medicaid?

My brother is 46 years old, lives in Iowa, and is on Medicaid due to his disability. He has worked full-time for over 20 years and has an employer-matched 401(k) with $20,000 in it. According to the 401(k) plan term, he is not eligible to receive anything from it until he is 59.5 years of age or stops working for his employer. Thus, the 401(k) does not count as a resource for Medicaid purposes now. However, what, if anything, can be done to prevent the money from being counted as a resource once he reaches age 59.5? I understand that he could use the money to purchase an exempt asset, like a burial plot, home, or vehicle, but are there other options? For example, can he transfer the money to a trust or some other financial vehicle to prevent it from being counted as an asset? If so, when can he do so? Can he do it now or must he wait until he is at least age 59.5? 

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tags: Medicaid Planning
Q:

Can I Make Gifts If I Am an Agent Under a Power of Attorney?

I am an agent under my mom's power of attorney. Do I have the power to gift money in her place?

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tags: estate planning

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