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?

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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?

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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...

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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...

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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?

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Is There a Way to Prevent Trust Income from Going to a Nursing Home?

I wanted to set up a trust for Medicaid planning purposes, so that I can prevent the rental income generated from my home from going to a nursing home to pay for my care. But I read that the income from an irrevocable trust will go to the nursing home to compensate for my care. Is there a way to prevent the income from...

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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...

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Does the Agent Under a Medical POA Have the Right to Get Information from the Agent Under a Financial POA?

As an agent under a medical power of attorney (POA), do I have the right to see my father’s financials? The agent under the financial POA, who is my brother, has never revealed any financial information even though my dad requested it multiple times. Now my dad is not able to make decisions for himself. My brother has...

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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?

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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...

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