Must a Home Health Care Worker Return a Lump-Sum Payment if the Senior Enters a Nursing Home?

If we pay a lump sum for a personal care attendant and the senior receiving the care unexpectedly has to enter a nursing home, does the personal care attendant have to transfer the remaining funds to Medicaid?

See the Answer

Can I Buy a Car for My Mother as My Mother’s Agent Under a Power of Attorney?

I am my mother’s agent under a power of attorney. I have a large SUV that is difficult for her to get in and out of. I want to get a smaller vehicle that would be easier to access, but the loan would need to be in her name. She has dementia, so do I have the right under the power of attorney to sign the loan for her?

See the Answer

Can I Transfer My Grandmother’s Car to My Name Without Causing a Medicaid Penalty Period?

An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken by estate recovery after she passes? I was told to do a title transfer from her name to mine after sh...

See the Answer

How Can We Get an Answer from Medicaid About Whether Our Mother Qualifies for Home Care?

We have been waiting for an answer from Medicaid about home care for our mother. We have sent in every type of documentation they have asked for, but each time we do, they come up with more that they need and wait days before telling us. We call constantly and they ignore us. This has been going on for three months. To...

See the Answer

Can My Mother’s Guardian Refuse to Communicate with Me About Her Condition?

My mother is in a nursing home. Her guardian refuses to communicate with me about her condition and well-being. I am her youngest son. Is this appropriate conduct?

See the Answer

Can My Mom Take Out a Home Equity Loan on a House in Her Name Without Affecting My Dad’s Medicaid Benefits?

My dad is in a nursing home and qualified for Medicaid nearly three years ago. My mom still lives in their home in Pennsylvania. The deed was transferred into her name alone during Medicaid’s “spend down” period. She was planning to take out a home equity loan, but she has been told it might jeopardize my dad’s Medicai...

See the Answer

Are There Notification Requirements When an Assisted Living Facility Makes Changes to Living Arrangements or Costs?

My sister is living in an assisted living facility. What are the notification requirements, if any, when the facility increases in cost or moves a resident into another room? Does my sister have any rights before the changes take place?

See the Answer

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...

See the Answer

As Their Agent Under a POA, Can I Continue My Parents’ Usual Gifting of Money to Family at Christmas?

My parents both have dementia and live in a nursing home. We are paying privately and will be out of funds in about two years. My parents have always given cash as Christmas gifts to each child, child's spouse, and grandchildren. Each child and spouse usually gets $100, and each grandchild gets $50. They have seven kid...

See the Answer

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.

See the Answer

Recent Elder Law Articles

Recent Medicaid Articles