What If an Incapacitated Person Using a Power of Attorney Moves to a New State?

I understand that it is a good idea to execute a new power of attorney document if an individual moves to a new state. But what if the person who signed the original POA is mentally incapacitated when the move takes place?  Then what do you do?

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How Can My Parents Protect Their Savings When They Apply for Medicaid?

When they were working, my parents saved $50,000 for any major health expense they might have. Currently they live with me and only receive Social Security, which is not enough for them to live on their own. I would like to apply for Medicaid on their behalf so they can get some extra help. How can I protect their savi...

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Can a Mother Transfer Her IRA to Her Disabled Son Before She Applies for Medicaid?

My mother-in-law has an IRA. She is applying for Medicaid and moving to an assisted living facility. My husband is permanently disabled, and I have read that it is okay to transfer assets to a disabled child. Can she liquidate the IRA and then give it to my husband? Does my mother-in-law have to report the IRA as incom...

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Are My Mother's Payments for Repairs on Our House a Medicaid Gift If She Lives in the House with Us?

My mother deeded her house to my sister and me more than seven years ago, meaning that the transfer is no longer within Medicaid’s look-back period. My family moved into her home approximately four years ago to help her and try to keep her in the home as long as possible (she has dementia). My question is: the home has...

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Can We Have a Medicaid Lien Removed From My Father's House if He Returned Home Before He Died?

A Medicaid lien was never removed from my father’s house after he returned home from a rehab/nursing home facility in N.Y. Now since his passing, in trying to sell the house the lien shows up. Anything we can do?

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Do I Have to Account to My Mother's Nursing Home for How I Spend Her $60 Allotment From Her Social Security Check?

After my mother has been living in a nursing home for a year, the nursing home just asked me to provide receipts for how I spend my mother's $60 a month allotment from her Social Security check. They say it has always been a government requirement. I am her guardian and have never heard of this in the state of Texas. H...

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Will My Mother's Elder Law Attorney Take My Needs and Priorities Into Account?

My mother is 81 and was diagnosed with mild dementia. She has named my brother and me as co-agents under a durable power of attorney. I will be the one to move in with my mom as her dementia gets worse and will make all the arrangements for any type of care. I think it’s reasonable for me to be compensated for that by...

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Do I Need to Cash In My Annuities if I Go Into a Nursing Home?

I have two annuities. If my wife or I need to go into a nursing home, would we have to cash in the annuities to apply toward nursing home expenses? I have been told that, because the annuities are considered insurance policies, we would not need to cash them in for nursing home expenses. Please clarify for us. Thank yo...

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Is There Any Downside to Bringing a Medicaid Recipient Home From a Nursing Home?

My mother has been receiving Medicaid in a nursing home for four years. Now we want to bring her home (to her daughter's) for the remainder of her days. What is the disadvantage in doing so?

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Which State's Medicaid Laws Apply When Spouses Live in Different States?

If an individual lives in an assisted living facility in one state (Minnesota) and her spouse lives in another state (Wisconsin), can they apply for Medicaid? If so, how is it determined which state’s laws will apply?

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