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If My Mom Was a Victim of Undue Influence, What Do I Do?

I recently moved in with my mom after my brother passed away. She is blind with the exception of a part of her periphery and has had several falls. She is forgetful sometimes and cannot cook or clean. She is...

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  • POA
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  • power of attorney
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  • guardianship/conservatorship

Where Can I Find a Form to Contest Guardianship?

Where can I find a form to contest guardianship? What are my rights and what should I know about the court process? I don’t believe I need a guardian but I have family members who recently began pushing the issue.

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  • guardianship/conservatorship
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  • health care decisions
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  • senior living

Can a Dementia Diagnosis Be Reversed?

How can I get my mom’s dementia diagnosis reversed so she will no longer have temporary state public guardians over her property? Mom wants her house back, and we aren’t sure how to go about it or who to ask...

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  • Categories:
  • senior living
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  • guardianship/conservatorship
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  • dementia

How Does the Court Decide a Guardian is Unfit?

What type of things does the court consider when deciding if a guardian is unfit to take care of a ward? There are many criteria to review regarding the fitness of a person seeking a guardianship role.

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  • Guardianship/Conservatorship
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  • estate planning

Mom Won’t Stop Driving. Am I Liable If There's an Accident?

My elder mother has had two strokes but refuses to stop driving. Her doctors tested her cognitive ability, reflexes, vision, etc., and said she shouldn't drive. Can her adult children be held liable if she gets in an accident?...

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  • senior living
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  • guardianship/conservatorship

How Do We Ensure Our Parents Are Not Taken Advantage Of?

My father has been diagnosed with Alzheimer's Disease. My mother has not, but she has been showing signs of memory issues. As their son, I am their agent under a power of attorney. Since they live far away, is there...

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  • Guardianship/Conservatorship
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  • Senior Living

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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.

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Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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SEE MORE

Most Recent Medicaid Articles

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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SEE MORE

Most Recent ElderLaw Articles

2026 Medicaid Long-Term Care Benefits When You Are Married
Family Caregivers in the U.S. Divided by Gender, Birth Order
2027 Will Bring Lower Prices for 15 Medicare Part D Drugs
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