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William J Kovatch Jr.

William Kovatch’s Answers

6 total

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

    She has lived with us for over 2 years. She stays in a wheel chair most of the time. Will only walk with her walker to the bathroom to change a diaper. She does not try to do anything for herself. We have to fix all meals, help with showers, g...

    William’s Answer

    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. Then the guardian can go through the Medicaid application process for her.

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  • Financial Abuse/Misappropriation by colusion of family Durable Power of Attorney and hired Care Manager

    I visited my aunt almost two years ago and was shocked by her living conditions and malnourishment (house in need of repairs). I was told by family members that her DPA (family member) had been meeting all her needs. At her invitation and reques...

    William’s Answer

    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 your state's Medicaid office to find out, or contact a reputable in-home care service provider.

    As for the durable power of attorney (DPA) holder, they can act on behalf of the person who gave the DPA, with the same legal rights. This means that the the family member had all of the ability to contract with the caregiver, and to deplete your aunt's resources. But, if the family member abused his or her position, and did not act in the best interests of your aunt, your aunt may be able to sue the family member. You may be able to contact your state's department on aging. If you have proof of wrongdoing, you may be able to contact the police.

    If your aunt still has her mental abilities intact, she could revoke the power of attorney (may not need to if the person already resigned), and appoint a new person. If your aunt does not have mental capacity, it may be possible to petition the state to have someone appointed her guardian, who in turn may be able to go after the old DPA holder.

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

    My mom is 95 and needs full time home care. She can still walk and feed herself. Not ready for a nursing home.

    William’s Answer

    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.

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  • Immigration through US Citizen mother.

    I am here on an H-1 which expired and I have applied for an extension. My mother in the time being applied for my immigration. She is a US citizen. Does that make me legal even if my H-1 extension is denied? I am single and 26 years old.

    William’s Answer

    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.

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  • Immigration through US Citizen mother.

    I am here on an H-1 which expired and I have applied for an extension. My mother in the time being applied for my immigration. She is a US citizen. Does that make me legal even if my H-1 extension is denied? I am single and 26 years old.

    William’s Answer

    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.

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