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:

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
Q:

Must a Hospital Inform the Agent Under a Medical POA of a Change in the Patient's Condition?

A hospital did a competency test on a patient and found that she was incompetent, but no one told the patient's daughter who was her agent under a medical power of attorney. If the hospital had given the information to the agent at that time, she could have applied for guardianship. Instead, the doctors told the agent's mom and her mom's boyfriend. The boyfriend then got an attorney and had the power of attorney changed to name him as agent and had the mother sign over a life estate to him. Isn't it medical malpractice to not disclose the information about the competency test to the person who is in charge of the tested person's care? 

View Answerview
tags: Health Care Decisions
Q:

How Do I Get Medicaid to Stop Sending Estate Recovery Notices When There Is Nothing to Recover?

My mother passed away with no assets -- no house, no life insurance, no savings, etc. What do I need to provide to Medicaid so they stop sending notices about recovering benefits paid to the nursing home? There is nothing to recover.

View Answerview
tags: Medicaid Rules
Q:

When My Father Is Admitted to the Hospital, What Do I Do With Extra Money in His Nursing Home Account?

My father is in a nursing home in Florida and receiving Medicaid. When he is admitted to the hospital, the nursing home doesn't deduct money from his account for the days he is not in the nursing home. What am I supposed to do with the additional money in his account? The nursing home typically takes $1,960 from his account monthly, and this month it deducted only $1,074 since he was in the hospital for part of the month. 

View Answerview
tags: Medicaid Rules
Q:

How Does Someone With No Family or Close Friends Find a Health Care or Financial Surrogate?

What is the best way for someone without family or close friends to plan for a medical surrogate (health care proxy) and a financial decision-maker in the case of incapacity?

View Answerview
tags: Health Care Decisions

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.