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

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...

See the Answer

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...

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

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

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?

See the Answer

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

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?

See the Answer

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?

See the Answer

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...

See the Answer

Recent Elder Law Articles

Recent Medicaid Articles