William J Kovatch Jr.’s Answers

William J Kovatch Jr.

Alexandria Elder Law Attorney.

Contributor Level 7
  1. Financial Abuse/Misappropriation by colusion of family Durable Power of Attorney and hired Care Manager

    Answered over 5 years ago.

    1. Matthew M Luedke
    2. William J Kovatch Jr.
    2 lawyer answers

    I see two issues here. Can you do something about the power of attorney holder,? And, What to do about your aunt's current situation? First, let's talk about her current situation. If her medical bills are greater than her income, she may be able to qualify for a Medicaid waiver in your state based on being "medically needy." I am not a Washington lawyer, so I cannot speak for Washington's plan. But, some states are expanding Medicaid to cover some in-home care. You should check with...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  2. How much can a family put down for care giving expenses for a dependent elderly family member out of her savings a year.

    Answered over 5 years ago.

    1. William J Kovatch Jr.
    2. Mindy Stein
    2 lawyer answers

    Do you have a durable power of attorney, or have you been appointed guardian of your relative? While I am not admitted to practice in Missouri, generally speaking if you are not the power of attorney or guardian, you cannot spend her money for her. If you want to get her into a nursing home, it may be possible for her to receive benefits from Medicaid for nursing home care if her medical expenses are greater than her income. To do this, somebody may need to be appointed guardian for her....

  3. My grandmom has dementia, mother bought her home for 1.00 she is trying to sell home mom has been stealing from her I havePOA

    Answered over 5 years ago.

    1. William J Kovatch Jr.
    1 lawyer answer

    Depends on the power of attorney document. If it is a durable power of attorney, meaning it has language to say it remains in place even in the event of incapacity, that's the first thing we would want to see. The next thing is how broad the power of attorney is. Is the power of attorney broadly written to give you the right to do anything your grandmother could do? Does it include specific language to allow you to sue on behalf of your grandmother? While I am not a Delaware attorney, and...

  4. How can a person over the age of 70 get goverment assistance for live in home care?

    Answered over 5 years ago.

    1. Lance Martin McKinney
    2. April Denise Hill
    3. William J Kovatch Jr.
    3 lawyer answers

    It may be possible, depending on your state's Medicaid plan. If she can qualify as being "medically needy," meaning her medical bills are greater than her income, she may be able to qualify for a Medicaid waiver to pay for long-term care. Some states have been expanding their plans to include in-home care, as opposed to just nursing home care. You'll need to check with your state's Medicaid office to make sure.

  5. Immigration through US Citizen mother.

    Answered over 5 years ago.

    1. William J Kovatch Jr.
    2 lawyer answers

    I should add that my answer assumes that your mother was a U.S. citizen when you were born. If she became a U.S. citizen after you were born, you may have acquired citizenship through her. However, I would need more information.

  6. Immigration through US Citizen mother.

    Answered over 5 years ago.

    1. William J Kovatch Jr.
    2 lawyer answers

    If your mother is a U.S. citizen, and she resided in the United States continuously for at least one year before your were born, then you are a U.S. citizen. You should get a copy of your birth certificate, your mother's birth certificate, proof that your mother resided in the United States for one year before you were born, and apply for a U.S. passport.