Search for Elder Law Attorneys
Q&A: Senior Living
Show me questions about:
After looking through our library of questions and answers first, you still can't find the answer to your question? Click Here
My wife and her sister are agents under a power of attorney for their mother. We live in Pennsylvania and her mother is in a nursing home here. After repeated verbal assurances from the nursing home's social worker that the nursing home understood why there was a delay in applying for Medicaid (and no communication from the home to the contrary), two weeks ago the nursing home's attorney demanded that we submit a Medicaid application. The application was submitted in compliance with the nursing home's timetable, but we are still dealing with getting additional information that Medicaid has asked for. Now we have received a letter from the nursing home threatening to bill us for approximately $110,000 in room and board costs. What is our liability?
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!
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?
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?
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?
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?
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?
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.
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.
My disabled father is currently in a nursing home but wants to move in with my husband and me. He needs constant care -- he is on a feeding tube, his colostomy must be regularly changed, he needs bathing and he can't walk and has limited movement of his arms. My husband and I are barely home and would not be able to properly care for him. We have told him this but he is hard-headed and says he will be fine alone. I am searching for some kind of rules or regulations to prove to him that we could get arrested for elderly neglect. Meanwhile, he is doing everything in his power to get kicked out of the nursing home so that I have no choice but to take him in. Please help!!!!
When a person enters a nursing home, who signs the legal documents? Themselves, the wife, the children, the stepchildren? Does signing make the person financially responsible for the nursing home costs?
We entered into a written contract with a retirement community and added a verbal condition. They originally told us the condition was met and I have evidence of them saying so. This turned out not to be the case and I have evidence of this as well. The failure to live up to the agreement affected our health. We have been here one year and it's been nothing but a nightmare. We wish to leave, but they only want to return 76 percent of our entry fee. Is that fair?
I live in a nursing home in New Jersey. I left the facility to visit family approximately 18 days this year. Now nursing home officials say I can't leave anymore this year. Is that possible?
My mom is being told that she needs 24-hour in-home care. She has never applied for Medicaid but she does not have the money to pay for long-term home care. What are her options?
tags: Medicaid Rules, Senior Living
I have a mortgage and a home equity loan outstanding. If I put the house in an irrevocable trust, can I still withdraw from my home equity loan, or will only the trustee be able to make withdrawals?
tags: Estate Planning, Medicaid Rules, Senior Living
My sister-in-law is 61, my mother-in-law is 91. If my sister-in-law leaves her job and becomes the full-time caregiver to her mom, and draws a salary, are there any penalties to the estate?
tags: Medicaid Rules, Senior Living
My father has been married to his second wife for over 20 years. She has dementia and is going into a nursing home. The home they have been living in is in her name from a previous marriage. Her adult children are trying to get my dad to sign papers that he will vacate the house and it will be theirs as soon as she enters the nursing home. They are saying that the house is willed to them. Does he have to vacate the house or is he entitled to stay there?
My father will go on Medicaid long-term care assistance soon. He will receive only $95 a month in income; the state will take everything else for the nursing home. What is he to do with all his medical hospital and credit card bills? Does he need to file for bankruptcy? Does he do nothing since he has nothing to take. He has no assets and nothing of importance or value.
tags: Estate Planning, Senior Living
I have moved my 93-year-old grandmother into my home. Neither my aunt nor my father wanted to take care of her. She is not at the point where she needs full-time medical care, but she needs someone to watch over her on a daily basis. My aunt has been paying me $100 a week for food and essentials, but now is saying that she is cutting off all money to me/my grandmother until she speaks with an elder lawyer. My grandmother, father, and aunt are all on her checking account. Do I have any rights to protect my grandmother and myself financially at this point?
tags: Senior Living, , Medicaid Rules
My mom, who has Alzheimer's, keeps getting kicked out of nursing homes because she is bothering other patients. What do I do?
I heard about something called a “Lady Bird deed” that could be useful if I need to apply for Medicaid. What exactly is it and why is it named that?
tags: Senior Living, Medicaid Planning
If I were approved for Medicaid coverage of my nursing home care, I know they would keep my Social Security and my small pension, but what would happen to the $6,500 balance on my credit card? I have no other assets. Could the credit card company make my children pay?
tags: Senior Living, Medicaid Rules, Estate Planning
Mom is an unsafe driver but will not give up driving. If she has an accident, can her children be sued for not stopping her from driving?
I am in the position where I have to decide whether to put my father in a nursing home or not. I have found a facility that seems appropriate and costs $4,500 per month. My brother has said he would like to keep him out but they don't have the space. Could my father pay my brother the $4,500 per month instead of paying it to a nursing home? What are the legal/tax implications, if any? It would be great solution for all as my brother has had some financial difficulties over the last few years and it would keep my father out of the nursing home.
We added one of my children to the deed on our property via a quitclaim deed. We signed at home with no witnesses or notary. My husband died in 2006 of cancer. I want to sell the farm and move, but my daughter wants it all. Do I have any recourse to get my farm back? I will sell it to her, but she says it is already hers.
My father-in-law gifted the family home to his daughter retaining lifetime living rights. He has not lived in the house for more than five years, nor does he contribute to the upkeep or maintenance of the house or property. At the father's request, the daughter took out a mortgage on the house and gave him a little more than double the price he originally paid for the property. The father now wants the daughter to "sell" the house and is demanding $50,000. What are the daughter's rights?
Sister has Mom living with her, charging Mom rent, etc. Problem is she thinks she has a free for all with all of Mom's money. I take care of all the finances, taxes, billing, bank, etc. She charges Mom $600 a month plus, and wants to charge even if Mom is not staying there, because that is what any place else would do. My husband and I never charged Mom in the 17 years we helped and took care of her. During the past months, I needed a break from helping Mom to take care of my own health. Unfortunately, sister is not fair with anything concerning Mom. I want to protect Mom's money for her, especially because she is almost 90 years old and has health problems. She is not in any facility, but we (my husband and I) are thinking of an apartment with the three of us, and hiring help for her and me. I need legal answers before I confront Mom with this mess.
Can a family member or agent under a power of attorney prohibit the community spouse from visiting the nursing home spouse when there has been no abuse or any substantiating reason for withholding visitation?
My brother recently died in Texas and at the time of death he was on state aid and had no money. My mother who lives in Arizona has recently received a few bills. Is she obligated to pay his debts? There is no estate. What does she do with these bills?
tags: Estate Planning, Senior Living
My mother is 93, healthy, takes care of herself, does her own laundry, cleans her condo, fixes her own food and does her own grocery shopping. My sister, who lives an hour away, behind her back moved all of her furniture and belongings out of her condo and over to an assisted living facility where she does not want to be. They took her cell phone so she could not call me, and are now lying to everyone about her "memory" problems. She is heartsickened and devastated by the betrayal. She feels trapped and in prison. Can I move her back home, and if necessary pay for in-home care (or someone to check on her daily)? I went to my mother's doctor appointment with her and her doctor recommended assisted living because of her age. My sister has threatened to call protective services if I move her. Can I move her back into the area that she wants to live in -- either in her own home with "home care" or an "assisted living" -- without my sister turning me in to protective services? Does my mother have any rights?
tags: Senior Living, Estate Planning, Guardianship/Conservatorship
Can a nursing home refuse to allow my family to transfer my father to another facility if I have power of attorney? We were told because my sister placed him there I could not have him transferred until she approved it.
tags: Estate Planning, Senior Living, Guardianship/Conservatorship