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Benjamin B. Liipfert

Benjamin Liipfert’s Answers

2 total

  • My mother signed her property to myself and my brother in June She has had medicaid for 10 years,Now she has terminal cancer.

    The social worker didn't make it clear that the property had to be signed over back then. Now it has become a big deal. My brother has lived in the home for about five years, with mom. It is his residence also. Will it still be part of the estate ...

    Benjamin’s Answer

    Whether your mother's estate will be subject to Medicaid estate recovery depends on her age and what types of services she has received while eligible for Medicaid. For example, if she has lived in a nursing facility while on Medicaid, her estate would likely be subject to Medicaid estate recovery. In some situations, North Carolina will waive estate recovery. Please contact an elder law attorney practicing in your area to discuss this.

    You should also discuss whether your mother's gifting of her home has caused a Medicaid transfer penalty. If she requires Medicaid to pay for nursing facility care, the gift of the home may make her ineligible for Medicaid

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  • Is it neglect is an elderly immobile person develops bed sores in a home? Should you sue?

    My grandfather's "girlfriend" who is almost 30 years younger than him has been caring for him in his severe elder years. He has been diagnosed with malnutrition and dehydration, but he has horrific bed sore on his body. We know that he was still m...

    Benjamin’s Answer

    Malnutrition, dehydration and bed sores can all be indicators of neglect by a caregiver. One option is to report your grandfather's living situation to an adult protective services agency. In some jurisdictions, your report may be kept confidential.

    Another option is to contact an elder law attorney in the state in which your grandfather lives to discuss the situation. Seeking the help of an elder law attorney is particularly important if your grandfather is unable to make decisions for himself and may require a guardian or conservator appointed to protect his interests. You can locate a certified elder law attorney (or CELA) by searching at www.nelf.org.

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