What If an Incapacitated Person Using a Power of Attorney Moves to a New State?

I understand that it is a good idea to execute a new power of attorney document if an individual moves to a new state. But what if the person who signed the original POA is mentally incapacitated when the move takes place?  Then what do you do?

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Is a Gift of Antique Furniture Considered a Transfer of Assets When Applying for Medicaid?

My mother is moving into assisted living. She had always said that my brother could have the money from the sale of antiques in the house. Is she allowed to gift the contents of the house, including the valuable antiques, or will that cause a transfer penalty when she applies for Medicaid in two or three years?

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Can I Loan My Dad Money to Pay for His Nursing Home Until He Qualifies for Medicaid?

My dad currently lives in an adult family home. We spent down his retirement and savings to pay for the facility, and then he applied for Medicaid. The State of Washington denied him Medicaid benefits for being over the asset limit because he owns an old motorhome. The state is valuing the motorhome well over what it c...

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Do I Need to Cash In My Annuities if I Go Into a Nursing Home?

I have two annuities. If my wife or I need to go into a nursing home, would we have to cash in the annuities to apply toward nursing home expenses? I have been told that, because the annuities are considered insurance policies, we would not need to cash them in for nursing home expenses. Please clarify for us. Thank yo...

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Should My Sister Transfer My Mother's House to Herself to Protect It from Medicaid?

My mother is ill and requires long-term care, but hopes to return to her own home one day. My sister, who lives with my mother, is trying to put her name on my mother's house to protect herself if something happens to my mother that forces her into the Medicaid system. Is this the right thing for my mother's welfare? I...

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May a Medicaid Applicant Freely Transfer Assets to a Disabled Child of Any Age?

I have read that a Medicaid applicant won't be penalized for making transfers to a disabled child during the look-back period, but I would like to know if there is an age limit for the child. My mother has Alzheimer's disease, and I am her agent under a power of attorney. I am considered permanently disabled by Social...

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Are My Mother's Payments for Repairs on Our House a Medicaid Gift If She Lives in the House with Us?

My mother deeded her house to my sister and me more than seven years ago, meaning that the transfer is no longer within Medicaid’s look-back period. My family moved into her home approximately four years ago to help her and try to keep her in the home as long as possible (she has dementia). My question is: the home has...

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Which State's Medicaid Laws Apply When Spouses Live in Different States?

If an individual lives in an assisted living facility in one state (Minnesota) and her spouse lives in another state (Wisconsin), can they apply for Medicaid? If so, how is it determined which state’s laws will apply?

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Will My Mother's Elder Law Attorney Take My Needs and Priorities Into Account?

My mother is 81 and was diagnosed with mild dementia. She has named my brother and me as co-agents under a durable power of attorney. I will be the one to move in with my mom as her dementia gets worse and will make all the arrangements for any type of care. I think it’s reasonable for me to be compensated for that by...

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Is There Any Downside to Bringing a Medicaid Recipient Home From a Nursing Home?

My mother has been receiving Medicaid in a nursing home for four years. Now we want to bring her home (to her daughter's) for the remainder of her days. What is the disadvantage in doing so?

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