Jacqueline A. Cara’s Answers

Jacqueline A. Cara

Garden City Elder Law Attorney.

Contributor Level 5
  1. How do I get my mom transferred to my city?

    Answered 5 months ago.

    1. Eric Joseph Einhart
    2. Bruno Patrick Bianchi
    3. Jacqueline A. Cara
    4. David L. Carrier
    4 lawyer answers

    If you have legal authority to transfer your mother that will be your best tool. You will have the ability to locate suitable care for her near your home. If you do not have that legal authority through guardianship or other legal documentation you may be relying on the nursing home's collaboration. However, finding a suitable nursing home near you to assist in the process could be helpful in moving things along. You might consult an attorney practicing in Elder Law in your area for advice

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is an Elder-Abuse, Lawyer option best to take on U.S. Veterans Affairs, or might Government at this level better monitor itself?

    Answered 10 months ago.

    1. Lawrence A Friedman
    2. Kelly Scott Davis
    3. Michael Leo Potter
    4. Drew Norman Early
    5. Jacqueline A. Cara
    5 lawyer answers

    There are Elder Lawyers who are specially trained/educated in Veterans Benefits, which is, in and of itself, very specific. It appears you learned the depth of that yourself when trying to handle your dad's issue on your own. Sometimes having an advocate who knows the right questions to ask and the right place to ask those questions will be a tremendous asset when dealing with a daunting bureaucracy. While I am not sure what you need to achieve for your father's best interests, it seems you...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. When i put my mother in assisted living, will I need to give back any money she has given me or my spouse over the past 3 years?

    Answered 10 months ago.

    1. Kelly Scott Davis
    2. James Bunkey Swain
    3. David L. Carrier
    4. Jacqueline A. Cara
    5. Daniel Owen Burroughs
    5 lawyer answers

    Assisted Living and Nursing Homes are not the same types of facilities. Although rules vary from state to state, Assisted Living Facilities are often regarded as private living facilities, no different from apartments. The question you should be asking is whether she will now become eligible or be seeking to become eligible for Medicaid in order to qualify for the housing. After you answer that question you will need an experienced Medicaid attorney in your jurisdiction to discuss the...

    5 lawyers agreed with this answer

  4. How is a ward not a prisoner of the guardian?

    Answered 10 months ago.

    1. Christopher Coppola
    2. Jacqueline A. Cara
    3. Lawrence A Friedman
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    If a Guardianship Hearing has been held and a Court has determined that your sister is the appropriate legal guardian for your mother and that your mother requires the assistance of a guardian, that answers your first question. Your mom is not a prisoner, she is under the care and supervision of an individual appointed to provide her with appropriate care. The next important inquiry is whether your sister has been given the power or authority to make the decision she is making. In other...

    5 lawyers agreed with this answer

  5. Hospital stay from nursing home then back...

    Answered 9 months ago.

    1. David Ian Schoen
    2. Christian K. Lassen II
    3. Jacqueline A. Cara
    4. Roman Rabinovich
    5. Robin Nicole Goeman
    6. ···
    6 lawyer answers

    You sounds like a savvy consumer and as if you are paying close attention to your father's financial and medical needs. What you are experiencing is not unusual but can be confusing. The short answer to your question is that YES, generally, the process is that hospital social work will coordinate with the nursing home to arrange an appropriate discharge plan for the patient, in this case, your father. There is a lot of "lingo" and specific language used once one has entered the world of...

    2 lawyers agreed with this answer

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  6. Social security chks and nursing homes

    Answered 10 months ago.

    1. Joe Matthew Queen
    2. Richard Albert Luthmann
    3. Amanda Hope Meadows
    4. Kelly Scott Davis
    5. Jacqueline A. Cara
    6. ···
    6 lawyer answers

    The issue you raise is unrelated to whether your name or your father's is on the account, whether you signed your Dad into the facility or whether you are his Power of Attorney. The debt to the Nursing Home belongs to your Dad. The Nursing Home where he resides wishes to be paid for the services being provided to your father. If you are neither your father's Power of Attorney nor his Representative Payee for purposes of his Social Security benefits tell them that and write a letter to that...

    2 lawyers agreed with this answer

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  7. Can I get help finding and elder lawyer who helps exploitation of the elderly. A lawyer that would act accordingly and help.

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Lawrence A Friedman
    3. Jacqueline A. Cara
    4. Kelly Scott Davis
    5. Eric M Schorr
    5 lawyer answers

    What I hear you saying is that your Aunt is no longer at home, being cared for and has been placed into a Nursing Home. You attribute this to a Guardian who may have financially exploited your Aunt. Your primary interests would be in moving her to a more suitable Nursing Facility, removing the Guardian and investigating whether there has been any financial malfeasance. There are many important questions raised by your inquiry that a competent, compassionate and qualified elder lawyer will be...

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  8. Does a declaration of incompetency from one physician hold weight in institutions i. e. a bank or investment fund?

    Answered 10 months ago.

    1. Thomas Edward Rossmeissl
    2. Richard Marc Katz
    3. Joseph Franklin Pippen Jr.
    4. Jacqueline A. Cara
    4 lawyer answers

    your situation sounds odd. The declaration you describe, alone, should not be legally sufficient to have the effect you describe. You should seek legal counsel immediately. Search the NAELA site for counsel near you.

    4 lawyers agreed with this answer

  9. My father-in- law has a $20000 CD in his name and his daughters name. He is in a Nursing home and is entitled to Medicaid.

    Answered 7 months ago.

    1. Lawrence A Friedman
    2. Michael A Kirtland
    3. Jacqueline A. Cara
    4. Kelly Scott Davis
    5. Drew Norman Early
    5 lawyer answers

    Medicaid will not "take" the money, but it is likely to disqualify him for benefits so long as the money is in his name. By seeking the advice of an Elder Law Attorney his options can be better explored.

    2 lawyers agreed with this answer

  10. Doing a Revocable Living Trust with adult child as Trustee as well as Benaficiary.

    Answered 10 months ago.

    1. Steven M Zelinger
    2. Jacqueline A. Cara
    3. Paul Rutledge Durr III
    4. Justin Eric Elder
    4 lawyer answers

    Trusts are complicated documents. State laws vary and it is important to consult skilled counsel knowledgable in each State which might have an impact on the rights of those involved with the Trust. If the only issue regarding Ct. is that the Trustee lives there this is not a major hurdle and the trust can be drafted in the State of the drafters choosing. The key, however, is to work with a skilled Trusts and Estates Attorney who can delve into the questions you are asking about protection,...

    2 lawyers agreed with this answer