Search for Elder Law Attorneys

Advertisement

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.

 

After looking through our library of questions and answers first, you still can't find the answer to your question? Click Here

Q:

Do Beneficiaries Have Any Rights Against a Life Tenant Who Doesn't Keep Up the Property?

My mom has given her boyfriend a life estate in her house. When she dies, what rights do we have once we inherit the house? We don't want to deal with the boyfriend and really don't want to pay upkeep on the house so he can freeload off everyone. If he doesn't pay the insurance or keep up the property, can we take him to court or evict? Can we simply just deed the house back to him?

View Answerview
tags: Estate Planning
Q:

How Long Does an Agent Under a Power of Attorney Need to Keep Financial Documents?

As an agent under a power of attorney, how far back do I have to keep documentation for accounting purposes? I have been my mother's agent since 2004. My mother is in a nursing home and has enough assets to pay for her care with her private funds for at least a few more years. Because of the five-year Medicaid look-back period, I have been discarding all records that go beyond five years and have been doing so on a monthly basis. Do I need to hold onto everything, no matter how old it is, just in case of an audit (for example, at the request of my siblings) or is five years of recordkeeping sufficient?

View Answerview
tags: Estate Planning
Q:

Should My Mother Stop Paying Her Credit Card Debt Now that She Is in a Nursing Home and on Medicaid?

My mother, who is now in a nursing home, has outstanding debt on her credit cards. Her only source of income is Social Security and a pension. Medicaid requires that this income go to the nursing home. What should she do about the credit cards? Should she stop paying them off?

View Answerview
tags: Senior Living
Q:

Are the Proceeds from a Medicaid Recipient's Life Insurance Policy Subject to Estate Recovery?

My mom has an individual whole life insurance policy. Her current policy has a death benefit of $30,000 and no cash value. Medicaid has been paying for her care. When she passes away, will the state be able to take the proceeds from the life insurance that would be paid out to her beneficiaries?

View Answerview
tags: Medicaid Rules
Q:

Who Gets Paid First When a Medicaid Recipient Dies -- the Mortgage Holder or the State?

In the settlement of Medicaid claims following the death of a nursing home resident, which debt is considered the superior or higher priority debt? After the sale of a home with an outstanding mortgage, the bank holding the mortgage is supposed to be paid before any other creditors or beneficiaries. But if debts due the state to repay a Medicaid lien are top priority, does the bank loose its status as the superior creditor?

View Answerview
tags: Medicaid Rules
Q:

How Do I Use a Power of Attorney to Prevent My Mother and Stepdad from Making Poor Decisions?

I am the alternate agent under my mother's durable power of attorney. My stepdad is named as the primary agent. My mom and stepdad are now incompetent, although it isn't documented, and they are making some very bad decisions with regard to money and health care. How do I proceed?

View Answerview
tags: Guardianship/Conservatorship
Q:

Can I Prevent Family Members from Visiting my Stepmother in Our Home?

My stepmother has advanced Alzheimer's disease. My wife and I moved her in with our family and have been taking her to doctors and making sure her needs are met. She has a grandson who has not always been the best person he could be (we do not get along). The grandson says he wants to see her and is threatening to hire a lawyer if I don't comply. Is there any law (I live in Georgia) that says I have to open my home to this guy?

View Answerview
tags: Guardianship
Q:

Can a Medicaid Recipient Keep Rental Properties?

My mother-in-law has recently been diagnosed with Alzheimer's disease. She owns two rental properties that bring in a good income, but not enough to cover the full expense of a nursing home. She can spend down her savings, which should take about a year. After that all she will have left is her two rental properties, which are mortgage-free. Is it possible to pay the nursing home all the income, less what is needed for repairs, and keep the homes in the family? Both homes have been in the family for over 50 years and are in a trust. We live in Oklahoma.

View Answerview
tags: Medicaid Rules

Attorneys near Ashburn




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.


I understand that ElderLawAnswers is not a law firm and in contacting ElderLawAnswers I am not creating an attorney-client relationship or receiving legal advice. Any question I submit will not be treated as privileged or confidential and may be posted along with its response on www.elderlawanswers.com so others, with similar issues, can benefit from the response. However, my name, e-mail and city will not be posted or made public in association with the posted question and response. I understand that ElderLawAnswers may not respond to my question at all and if it does it will do so in a general matter on which I cannot rely. If I want a specific legal response and guidance, I will seek independent legal counsel from an attorney duly licensed in my state.