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Who Gets Paid First When a Medicaid Recipient Dies -- the Mortgage Holder or the State?

In the settlement of Medicaid claims following the death of a nursing home resident, which debt is considered the superior or higher priority debt? After the sale of a home with an outstanding mortgage, the bank holding the mortgage is supposed to be paid before any other creditors or beneficiaries. But if debts due the state to repay a Medicaid lien are top priority, does the bank loose its status as the superior creditor?

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What Is Undue Influence?

Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?

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How Do I Use a Power of Attorney to Prevent My Mother and Stepdad from Making Poor Decisions?

I am the alternate agent under my mother's durable power of attorney. My stepdad is named as the primary agent. My mom and stepdad are now incompetent, although it isn't documented, and they are making some very bad decisions with regard to money and health care. How do I proceed?

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How to Vote While in a Nursing Home

Although voting is the hallmark of a democracy, it isn't easy if you are in a long-term care facility. Nursing home and other long-term care facility residents face several challenges to voting, from registering to vote to actually casting a ballot.

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Can I Prevent Family Members from Visiting my Stepmother in Our Home?

My stepmother has advanced Alzheimer's disease. My wife and I moved her in with our family and have been taking her to doctors and making sure her needs are met. She has a grandson who has not always been the best person he could be (we do not get along). The grandson says he wants to see her and is threatening to hire a lawyer if I don't comply. Is there any law (I live in Georgia) that says I have to open my home to this guy?

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Can a Medicaid Recipient Keep Rental Properties?

My mother-in-law has recently been diagnosed with Alzheimer's disease. She owns two rental properties that bring in a good income, but not enough to cover the full expense of a nursing home. She can spend down her savings, which should take about a year. After that all she will have left is her two rental properties, which are mortgage-free. Is it possible to pay the nursing home all the income, less what is needed for repairs, and keep the homes in the family? Both homes have been in the family for over 50 years and are in a trust. We live in Oklahoma.

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Most Caregivers Are Now Entitled to Minimum Wage and Overtime Pay

Become familiar with the federal government's rules regarding minimum wage and overtime protections for home health care workers.

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As an Agent Under a POA, Can I Change the Alternative Agent Named in the POA?

I am the agent under a power of attorney for my father. There is an alternative agent named in the power of attorney document, but I'm worried this person will not be able to act as agent if the time came. Can I change the backup agent if I feel the backup is no longer responsible to take over if something happens to me?

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