What Is the Best Way to Use the Equity from My House to Pay for My Care?

My estate consists of a single-family home that is totally paid off, with a current value of $1 million. My adult children have no need for, nor do they want, an inheritance. I would like to get the best care possible if I become incapacitated. I know that the value of my home will provide for the care. The house is in...

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Can a Nursing Home Sue an Agent Under a Power of Attorney for an Outstanding Balance?

I am my mother’s agent under a power of attorney. Can I be sued by my mother’s nursing home for an outstanding balance on her account?

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Can the Executor of My Grandfather’s Will Keep What’s in a Joint Account?

My grandfather recently passed away and his will stated that his estate be divided evenly among his grandchildren. Before he died, he named a relative as a joint member of his bank account, in case he ever needed assistance with his finances, which fortunately never happened. Now, the family member -- who is also the e...

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Are My Mother’s Estate Planning Documents Still Valid If the Lawyer Who Prepared Them Is Disbarred?

My mother retired in 2004 and hired an estate planning attorney to prepare a complete estate plan package, including general power of attorney (POA), living trust, and living will. She is now in an assisted living facility and I have used the POA to handle her affairs. One of her creditors has requested documentation t...

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Is There Anything I Can Do to Make a Nursing Home Give Me Health Information About My Wife?

My wife is in a nursing home in Texas, and I am her agent under her power of attorney. She recently caught COVID-19 and the nursing home is refusing to give me any information about her health or let me speak to her. They’ve closed the facility to visitors, but they won't even give me basic health information on how sh...

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Can We Return Gifted Property So That Our Mother Is Not Subject to a Medicaid Transfer Penalty?

My mom gave us land less than five years ago. Now she is applying for Medicaid and is subject to a five-year look-back period. Can we give the land back to our mother so that she doesn’t get a transfer penalty?

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Are Siblings Legally Required to Care for Each Other?

I have a friend whose sister is in the hospital. This friend is elderly and cannot handle her sister when she is released from the hospital. What can she do? Is she legally responsible for her sister? Where would the sister be sent if she cannot go to her sister's house?

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Does the Person Who Received a Gift from a Medicaid Applicant Have to Be the One to Return it to Erase the Medicaid Penalty?

My mother gifted money to her granddaughter. Now my mother needs to apply for Medicaid and will be subject to a penalty period as a result of the gift. The granddaughter has spent the money, so she cannot return it. We are wondering who is allowed to cure a gift? Can only the recipient cure a gift from the applicant, o...

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When My Dad Applies for Medicaid, Will His New Wife’s Assets Be Counted Even Though They Have Kept Their Assets Separate?

My dad married a woman two years ago, but they have kept all of their financial stuff separate, even when filing taxes. He is in an assisted living facility, and I take care of all of his finances and bills. When it comes time for him to apply for Medicaid, will they include her assets even though his name is not on an...

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How Do I Ensure My Siblings Move Out of My Mom’s House if I Need to Sell It to Pay for Long-Term Care?

What legal document should I have my two siblings sign when they move into my mom's house, rent-free? I may have to sell the house eventually to pay for my mom’s long-term care and will need them to move out. Neither sibling works, and they have been taking money from my mom for years.

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