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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 a Spouse Sell a Home After the Medicaid Recipient Has Died?

My mom and dad jointly owned a home in Arkansas. My dad just passed away after having to spend some time in a long-term care facility that required him to sign up for Medicaid. The house is falling into disrepair and I would like my mom to move somewhere that requires less maintenance and is closer to family. She can't afford to move without selling her current home. Is she allowed to sell the home or is the state waiting to take it?

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tags: Medicaid Rules
Q:

Does Medicaid Count an UTMA Account If a Grandparent Contributes to It?

Are Uniform Transfers to Minors Act (UTMA) accounts that are owned by a child counted by Medicaid towards a grandfather's eligibility if the grandfather is the custodian? Also, does Medicaid include the grandfather's contributions in the five-year look-back?

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tags: Medicaid Rules
Q:

Does a Spelling Error Make a Power of Attorney Invalid?

My wife is attorney-in-fact under a durable power of attorney for her dad, but her name is spelled Ann and it should be spelled Anne. Does this make it invalid?

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tags: Estate Planning
Q:

Once a Nursing Home Resident Qualifies for Medicaid, Are There Any Rules on the Remaining $2,000 in Assets?

Once a patient in a nursing home reduces assets to qualify for Medicaid, what are the regulations on the remaining cash ($2,000 in my state) in the bank account?

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tags: Medicaid Rules
Q:

If I Become My Mom's Guardian and Let Her Remain at Home, Am I Responsible for Her Actions?

I am considering guardianship for my 87-year-old mom, who has dementia. She lives alone but has been advised by her doctor many times that she should not be alone. She refuses any help from "home health nursing agencies" and she will not consider moving out of her house. If I become her guardian, will I be held responsible for anything that might happen to her if I allow her to continue living alone for a while longer?

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tags: Guardianship/Conservatorship
Q:

What Is the Best Way to Make Sure a Trustee Follows the Trust Rules?

We are getting ready to draft a trust. We have one son, so he will be the trustee. What is the best way to make sure he follows the rules set forth in the trust? We have read about nightmares with trust protectors, financial managers/advisors that control the investments, companies that control the trust, and trust managers. We have no other relatives.

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tags: Estate Planning
Q:

What is Reasonable Compensation for an Agent Under a Power of Attorney?

What is a reasonable amount of reimbursement for me as an agent under a power of attorney who is paying bills, picking up prescriptions, and going on doctor visits and trips to buy groceries for my elderly mother?

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tags: Estate Planning
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

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