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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:

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
Q:

Do I Have to Transfer My Mother's Guardianship If She Moves States?

I am the court-appointed guardian of my mother. This guardianship was created by the courts in Pennsylvania. To better care for her I have moved her to an assisted living facility near my home in Ohio. The assisted living facility told me that I must get the guardianship transferred to Ohio from Pennsylvania. Why must this be done?

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tags: Guardianship/Conservatorship
Q:

May the Siblings of the Child Who Cared for Dad Kick Him Out of the House After Dad's Death?

My brother was my father's primary caretaker for more than five years. Dad passed away and some siblings want to sell the home and divide the proceeds equally among the children. Does my brother, who cared for my dad, have any rights to stay in the house or will he be “kicked to the curb,” so to speak? 

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tags: Estate Planning
Q:

If My Mom Gifts Me Money to Buy a House, Can Medicaid Take the House?

My mom wants to give me money to purchase a house – between $14,000 and $24,000.  It is my understanding that if she should decide to go to a nursing home within five years they could come back and take the house. Is there any way around this? This is the inheritance that she wanted to give me. I put money down as a deposit on a home before we found this out. What can we do?

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tags: Medicaid Rules
Q:

Can Mom Make Changes to Her Will Even Though She Has Dementia?

My mom has been diagnosed with altered mental status including: REM sleep behavior disorder, cerebral degeneration, and non-Alzheimer’s-type dementia, possibly Lewy body dementia. Is she legally able to sign a will and make changes to insurance polices that she bought 20 years ago? If she makes changes and signs the will, would it be void considering her mental diagnosis? 

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tags: Estate Planning
Q:

Can a Medicaid Applicant Stop Receiving Income From a Trust?

My mom recently became a resident of a nursing home and is hoping to qualify for Medicaid. She has had a trust set up for more than five years for her home and also some stocks and bonds. She is receiving dividends from the stocks and bonds in the trust. Can she stop receiving the dividends and have them reinvested into the stocks and bonds in the trust and not have to report that as income to Medicaid? 

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tags: Medicaid Rules
Q:

How Much Can I Give Away Each Year?

How much money can I gift to my children and grandchildren each year without tax penalties to me or to them? 

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tags: Senior Living
Q:

Married Three Times, Am I Entitled to Social Security Benefits From Any of My Husbands?

I was married to my first husband for 14 years, until he died.  I got married again for another 18 years, until the second husband's death.  A few months before I turned 60 I married for a third time.  Now, approaching age 65, I'm wondering if I can get Social Security benefits from any of my husbands.

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tags: Social Security

Ask a Question

Ask us a question and we'll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don't hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney. To find a qualified elder law attorney near you, click here.


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