Paul Vandyke Black’s Answers

Paul Vandyke Black

Decatur Elder Law Attorney.

Contributor Level 4
  1. Is it illegal to sell an insurance policy to an eaderly pearson who clearly can not read, and has no education?

    Answered about 2 years ago.

    1. Paul Vandyke Black
    2. Diane Beth Weinberg
    3. Lawrence A Friedman
    3 lawyer answers

    Amanda, I would encourage you to contact the Georgia Senior Legal Hotline at 404-657-9915 on behalf of your mother to get free legal advice about this insurance coverage issue. (Full disclosure: I worked at the Senior Hotline and at Atlanta Legal Aid before launching my private practice.) The attorneys at the Hotline routinely answer calls about a host of legal and consumer issues for Georgians aged 60+ across the entire state. Questions regarding home repairs and insurance coverage are...

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  2. Are there procedures in place to protect caregivers of DEMENTIA patients who claim that the caregivers of stealing from them or

    Answered over 2 years ago.

    1. Paul Vandyke Black
    2. Deborah Antonette Stewart
    3. Alexandria Broughton Skinner
    3 lawyer answers

    Accusations like this arise quite often. The response depends upon who is asked to investigate. If the person lives in an assisted living or nursing home facility, the facility itself will likely perform its own investigation. The local police and the regional Long-Term Care Ombudsman (which exist to advocate and troubleshoot for long-term facility residents) may also play a role. If the dementia patient is in the community at large rather than in an institutional setting of any sort,...

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  3. Medicare

    Answered over 2 years ago.

    1. Paul Vandyke Black
    2. Luis Alberto Guerra
    3. Deborah Lynne Karapetian
    3 lawyer answers

    Under the facts you describe, you are not eligible to receive Medicare yet. If you had worked in the U.S. at least forty quarters (ten years) and paid FICA taxes towards Medicare during that entire period, you would become eligible for Medicare at age 65, or at the earliest age thereafter in which you met the ten year work history requirement. However, if you have lived in the US for at least five consecutive years (and it sounds like you have), you can "buy in" to Medicare. This is FAR...

  4. How do I stop having a payee? What are the necessary steps and paperwork that needs to be filled out.

    Answered over 3 years ago.

    1. Paul Vandyke Black
    1 lawyer answer

    The Social Security Administration maintains an overview webpage for beneficiaries like you who have questions about Representative Payees: http://www.ssa.gov/payee/faqbene.htm The SSA webpage notes: "You have the right to receive your own Social Security check unless SSA believes you are not capable of managing or directing the management of your money. If you have a representative payee because of a physical or a mental disability, in order to become your own payee, you must...