Search for Elder Law Attorneys

Questions & Answers

Conference at DeskWhen it comes to getting care for the elderly or protecting their interests, many families confront similar issues. Below we have collected questions received over the years from site visitors, along with our answers. Select the subject areas of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

After looking through our library of questions and answers first, you still can't find the answer to your question? Click Here

Q:

Who Gets to Decide Where Mom, Who Has Mild Dementia, Lives?

I and my two siblings are searching for a better home for Mom. Sister and brother, who spend very little time with Mom, believe she needs to be in a memory care home. I spend a lot of time with her and feel she would be just fine in an assisted living home with some help. Brother has power of attorney. What rights does Mom have regarding living arrangements? She was diagnosed with some level of dementia but she is high functioning and can take care of herself. What rights do I have in the decision? I am hoping to look at assisted living vs. memory care. I will not allow her to go back to a "lock-down” place again!

View Answerview
tags: Senior Living
Q:

Is a Change of Beneficiary on an IRA Considered a Gift by Medicaid?

Both of my elderly parents are alive, and my father just changed the beneficiary of his IRA account from his wife to his children. Her name is not on the account because she has a separate IRA account. If either parent needs Medicaid in the next five years, would the change of beneficiaries be considered a gift and subject to penalty by Medicaid?

View Answerview
tags: Medicaid Rules
Q:

Can Medicaid Put a Lien on Property After It Goes Through Probate?

My mother was a Medicaid recipient who passed away in New York City less than a year ago. She owned a co-op apartment that was transferred to me after it went through the probate process. Months later, I received a letter from Medicaid saying that it was putting a lien on the apartment. Can Medicaid do this after the apartment has gone through the process in court?

View Answerview
tags: Medicaid Rules
Q:

Can I Take My Mother Out of a Nursing Home Over the Objections of Her Agent Under a POA?

My eldest brother, who is my mom's agent under a power of attorney, has put my mom in a nursing home. She does not want to be there -- she wants to live with me. Can I take her out of the nursing home?

View Answerview
tags: Senior Living
Q:

Can I Create a Special Needs Trust in My Will to Benefit My Husband?

I am age 74. Can I create a special needs trust in my will to benefit my husband if he ever needs Medicaid assistance to pay for long-term care? If I do create such a trust, what happens to the funds during his lifetime if he never needs care or never needs financial assistance? Can the trustee distribute the trust funds to him before he decides to apply for Medicaid?

View Answerview
tags: Medicaid Planning
Q:

How Does an Alternate Agent Under a Power of Attorney Take Over When the Initial Agent Is Incapacitated?

I am designated as the "alternate" agent in my mother's power of attorney. My father is the initial agent. He has been diagnosed with dementia and is not acting rationally. If my father is not willing to withdraw, how do I go about acting legally on my mother's behalf? How do I enforce the power of attorney alternative provision?

View Answerview
tags: Estate Planning
Q:

Can a Nursing Home Prevent a Mentally Competent Resident from Leaving?

The managers of a skilled nursing facility are preventing a mentally competent wheelchair user who lives in the facility from coming and going as she pleases. She would like to roll around the neighborhood and take public transportation to shop, go to movies, and meet friends. The managers have decided this is unsafe, despite her doctor saying it's okay. What recourse does she have?

View Answerview
tags: Senior Living
Q:

Will a Prenuptial Agreement Protect a Spouse's Assets From Medicaid?

I am a senior contemplating marriage. We will have a prenuptial agreement shielding “Separate Property Assets” from access by the other spouse. My question is, in New York State, if one of the spouses is in a nursing home and must use Medicaid to pay expenses, can Medicaid invade the healthy spouse’s “Separate Property Assets”? Will the prenuptial agreement protect the healthy spouse's "Separate Property Assets" from Medicaid invasion to pay the other spouse’s nursing home expenses?

View Answerview
tags: Medicaid Planning

Attorneys near Cortlandt Manor



Ask a Question

Ask us a question and we'll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don't hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney. To find a qualified elder law attorney near you, click here.


I understand that ElderLawAnswers is not a law firm and in contacting ElderLawAnswers I am not creating an attorney-client relationship or receiving legal advice. Any question I submit will not be treated as privileged or confidential and may be posted along with its response on www.elderlawanswers.com so others, with similar issues, can benefit from the response. However, my name, e-mail and city will not be posted or made public in association with the posted question and response. I understand that ElderLawAnswers may not respond to my question at all and if it does it will do so in a general matter on which I cannot rely. If I want a specific legal response and guidance, I will seek independent legal counsel from an attorney duly licensed in my state.