Elder Law Answers
What happens if a Medicaid recipient in a nursing home marries a healthy bride? Is the new spouse entitled to any of the nursing home resident's Social Security or pension during his life or can she receive it as a...
Read moreI 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...
Read moreBoth 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...
Read moreMy 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...
Read moreMy 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...
Read moreI 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...
Read moreI 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...
Read moreThe 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,...
Read moreI 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...
Read moreAsk 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.
