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Q&A: Senior Living

 

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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?

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tags: Senior Living
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?

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tags: Senior Living
Q:

Can a Family Member Under a Personal Service Contract Receive Wages Through a Will?

I have questions about personal service contracts. 1.) Does the contracted person HAVE to draw the money? Can the contracted person keep the money where it is, not touch it, and avoid paying taxes on it? 2.) If there is money left over that was not allocated, what are the tax ramifications if the contracted person is an heir and is willed the remaining money?

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tags: Senior Living
Q:

Should My Mother Stop Paying Her Credit Card Debt Now that She Is in a Nursing Home and on Medicaid?

My mother, who is now in a nursing home, has outstanding debt on her credit cards. Her only source of income is Social Security and a pension. Medicaid requires that this income go to the nursing home. What should she do about the credit cards? Should she stop paying them off?

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tags: Senior Living
Q:

Am I Liable for My Spouse's Nursing Home Bill?

If my husband is in a nursing home and he depletes all his assets, will I be responsible for his nursing care costs, even if my assets are tied up in an IRA?

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tags: Senior Living
Q:

How Much Can I Give Away Each Year?

How much money can I gift to my children and grandchildren each year without tax penalties to me or to them? 

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tags: Senior Living
Q:

How Do We Keep My Father-in-Law from Giving Money to His Home Health Aide?

My father-in-law lives in Indiana and has contracted with a home care agency to provide daily home care. We learned yesterday that he gave $3,000 to one of the women who cares for him so that she could buy herself a car. He has also bought her some clothes. He is 82 years old and in bad health. We also learned that there were some inappropriate texts from the caregiver.

Are there laws against caregivers accepting large gifts? Should that be in the contract that he signed with the home care agency? Does he have recourse to recoup the money he gave the caregiver to purchase a car? The caregiver is not related to him or the family and is an employee hired to provide care. 

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tags: Senior Living
Q:

How Can We Publicly Complain About a Care Manager and Still Get a Refund?

We hired a geriatric care manager (GCM) to give us recommendations about caring for our mother. We were very unhappy with the product and service and filed a complaint with the Better Business Bureau (BBB) asking for a refund of the fee (the GCM is a BBB member). The GCM's response to the BBB included information that we believe violated our privacy. A personal injury lawyer told us that because the GCM was responding to our complaint, what he/she said would likely be “protected” and thus not a violation of privacy law (we are in California).  The GCM wants us to sign away our right to say anything to anyone about this before giving the refund, and says that if we don't sign, he/she might consider suing us for defamation.  

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tags: Senior Living

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