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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Will My Mother's Jewelry Count as an Asset for Medicaid Eligibility Purposes?

My mother is in assisted living and has about one year left before she spends down to $4,000 and applies for Medicaid. She has about $12,000 in jewelry that she insisted on taking with her. The facility listed the jewelry as part of her personal inventory. Will she have to sell her jewelry before she can qualify for Me...

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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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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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Can the Creator of a Revocable Trust Make Whatever Changes She Wants Without Telling Anyone?

If the creator of a revocable trust wants to make a beneficiary a co-trustee and make the current successor trustee a beneficiary, does she have an obligation to inform the current trustee of the change? Simply, can the trust's creator make whatever changes she wishes without telling anyone?

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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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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 Change My Estate Plan Every Time I Move?

What subjects in a will are interchangeable among all states? Is guardianship the same no matter where you live? How about real estate? If I move frequently due to my company, is there anything in my will I know will always be valid or do I have to make changes every time I move? What are the big topics that change whe...

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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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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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