Elder Law, Medicaid, Estate Planning and Long-Term Care

Mom has dementia and is in a memory care home. I have been going through soe papers and found some stock certificates. Who would I contact for help with them?

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Does a Medicaid Recipient's Estate Owe Repayment?

My brother-in-law passed away this week. If he was receiving Social Security disability and was on Medicaid, does his estate have to pay back Medicaid?

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Is a Home in a Trust Considered an Asset by Medicaid?

My mother has dementia and is in an assisted living facility. Her house is part of a trust, with me as the trustee. I can no longer afford to pay for her care, and I am finding it necessary to sell her home to pay for this care. If the home is part of a trust, does Medicaid or Medicare see this as an asset?

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Will Mom Face a Medicaid Penalty If She Sells Her Home?

My mom and dad owned a home. He went into a nursing home under Medicaid and later passed away. My mom retained the home (not recovered under Medicaid Recovery) because she still lived there. The home is still in her name and my deceased father's name. Now my husband and I would like her to sell the home; we would use t...

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Can I Collect Survivor Benefits If We Were Separated?

My husband and I were married for 17 years. We were separated at the time he was deceased. He lived in Delaware; I lived in New Jersey. Does this stop me from collecting his Social Security for survivor benefit, by him living in a state of Delaware at the time of his demise?

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Can My Sister Sign Mom's Will as Her POA?

My mother is in declining physical and cognitive health. My father's will left everything to her. She wants to leave everything to my sister and me, to be split equally. My sister is power of attorney (POA), so she can't participate in creating a will for my mom. Can I help create it for her and have my sister sign it...

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Untransferred House for Disabled Sister: Medicaid Risk?

I am executor and power of attorney for my mother who has dementia, is in nursing care, and has run out of assets. I'm applying for Medicaid. We sold my mother's condo and have used those funds to pay for care. There is one remaining asset: Slightly more than 20 years ago, my parents bought a modest house for my sister...

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Does Paying Mom's Bills Hurt Her Medicaid Eligibility?

If I used my own money to pay for some of my mom's bills, can Medicaid deny her during the five-year lookback period? (The amount of money I spent is about $2,100.) If she files for Medicaid, can they demand that I pay for some of her care?

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Can a POA Transfer a Parent's Money to a Better Account?

As power of attorney for my mother, can I transfer her money into my account (for her) in order for her to get a much better interest rate? She doesn't have a valid ID, we can’t find a birth certificate, and I am unsure of her birth city, so opening a joint account for her seems unlikely. She has $350,000 sitting in th...

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ElderLaw 101

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A Dual Eligible Special Needs Plan (D-SNP) is a type of Medicare Advantage plan designed for people who have both Medicare and Medicaid.

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