Father Executed Two Powers of Attorney. Which One Is Valid?

My father-in-law named son #1 his agent under a power of attorney while he was living with that son. Now he lives with son #2 and he named son #2 as agent under a second power of attorney. Which of the two powers of attorney is valid?

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Is There Anything We Can Do if a Hospital Wants to Discharge My Father to a Nursing Home Instead of to an Inpatient Rehab Facility?

My father had a stroke last week, and the hospital he is in wants to discharge him to the local nursing home, which has a bed for rehab. Our family wants him to go to an inpatient rehab facility for more intense physical therapy than he can get at a nursing home. The hospital is putting pressure on my mother and father...

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Is It Legal for My Mother to Name Her Financial Advisor as a Beneficiary in Her Will?

My mother named her financial adviser and his children as beneficiaries in her will. Is it legal for her attorney to allow this?

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If My Mother-in-Law Lives with Me, Does Medicaid Count My Income and Assets When Determining Her Eligibility?

My mother-in-law has lived with my husband and me for seven years. She is disabled. She is responsible for her expenses, but she pays nothing to live with us. She wants to apply for Medicaid. The Medicaid form asks for household income. Should we answer the questions on the form based only on the income that she gets f...

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What Can We Do If the Spouse of a Medicaid Applicant Won’t Provide Financial Information?

My father-in-law is in a nursing home that costs $7,000 a month. We have spent through all of our savings and retirement funds to pay for the nursing home. I now want to apply for Medicaid for him. He receives $1,900 in monthly income, and he has very little money in a checking account (around $500) and no money in sav...

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What Happens When a House That Is Split Three Ways Is Rented, Sold, or Passed at Death?

My mother is 90 years old and owns a house with no mortgage. Seven years ago she had trouble keeping up with taxes, so she added her daughter and her daughter’s husband to the deed. They paid the taxes with the understanding that they would get money back if and when the house was sold. She has now moved out of the hou...

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Should I Reassign Ownership of My Life Insurance Policy to My Trust and Change the Beneficiaries to the Trust?

If I create a living trust, should I reassign the ownership of my life insurance policies to the living trust? I think I need to at least change the beneficiaries of the life insurance policies to the living trust, right? 

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What Can We Do If the Executor Decides to Ignore the Will and Keep Money for Herself?

My eldest sister is the executor of our mother’s estate. She found additional money that belonged to my mother. She is not following my mother’s will and dividing the additional money between all siblings. Instead, she said she is keeping it for herself because she has suffered the most. What can we do?

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Can We Pay Off My Grandmother’s Medicaid Estate Recovery Over Time Instead of in a Lump Sum?

My grandmother died with a substantial Medicaid bill. She inherited an income-producing property from her father. The total amount her estate owes to Medicaid is more than the value of the property. Will Medicaid allow the estate to pay off the debt over time or will it force the estate to sell the property for less th...

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What Is in a Typical Elder Law Attorney Agreement?

Can you recommend a source for a typical agreement with an elder law attorney? We realize every agreement is unique, but we would like to compare our attorney's proposed language. We are particularly interested in deliverables and reasonable percent of fees to be paid in advance.

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