David LeBron McGuffey's Answers

I'm 70 yo,Disabled ,retired male and need some financial help(Repair/replace Ramp,re-carpet,repair/replace hot water heater).Do

You should contact the Area Agency on Aging. In your area, you should contact Legacy Link. It is located at 508 Oak Street Suite 1, Gainesville, GA 30501, (770)538-2650. You can also use the <a href="http://www.eldercare.gov/Eldercare.NET/Public/Index.aspx">Elder Care Locator</a> to find resources. The national toll free number, which routes the call to your area, is 1-800-677-1116. You might also contact local churches. Many of them will have funds set aside to assist individuals who are in...

Medicare paid rehab/nursing home care.

As a general rule, a Medicare beneficiary may get up to 100 days of nursing home rehab paid for by Medicare during each spell of illness if they meet the criteria for the benefit. First, there must be a qualifying hospital stay (usually 3 nights). Then, then patient must be discharged from the hospital to a nursing home for SKILLED therapy to treat the same condition for which the patient was hospitalized. Next, the patient must be admitted to the nursing home within 30 days of the hospital...

Can I represent myself against the executor of my parents estate?

You probably need a lawyer, but you will want to file a petition requesting an accounting. If the accounting was waived in the Will, then you will likely need to allege specific facts informing the court as to why an accounting is necessary (e.g., your brother is abusing his position). There is also a provision within the Georgia probate code allowing any interested party to petition for a hearing detailing what distributions should be made. That petition cannot be filed until 6 months after...

Protecting parents assets

My suggestion is to think first about what your priorities are. There is no guarantee that good care will be provided in a nursing home so you will want to think about whether you are preserving assets to ensure good care for your mom or whether you are preserving assets for her heirs. While many Elder Law Attorneys can address the asset protection issues, lawyers working with Law firms that are members of the Life Care Planning Law Firms Association will be better prepared to address both...

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If I have a Power of Attorney from my wife, can I represent her in court if she is Pro Se on a civil suit to collect a debt.

Mr. Crown is correct. A power of attorney might authorize you to hire an attorney to represent your wife, but it cannot authorize you to "represent" her. In most states only an attorney can represent someone else.

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Is their laws in Kansas to protect seniors in nursing homes?

Federal regulations apply to all nursing homes in the United States that accept either Medicare or Medicaid, which means virtually all of them. Subsections (l) through (m) of 42 CFR 483.25 (http://edocket.access.gpo.gov/cfr_2002/octqtr/42cfr483.25.htm) provide that nursing home residents should not be given unnecessary drugs, antipsychotoc drugs when used as a restraint, and should be free from medicaid errors. If someone has been exposed to any of these conditions, then you should contact the...

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HOW DO I PROTECT MY SAVINGS IF I BECOME ILL

No, you should not just keep you money in a safe at home. There are better ways to protect you. Although Harry is correct and you could use an individual special needs trust (he called it a (d)(4)(A) trust), given the amount of money involved it would probably be more cost effective to place these funds in a different kind of special needs trust known as a "pooled trust." This would still allow you to potentially qualify for SSI and/or Medicaid, but the cost of administration would be shared...

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How much can an elderly person give as gifts to children.

An elderly person can give all of their assets to their children. Having said that, as with most things in life, giving gifts may have consequences. If someone has a taxable estate (and most people don't after the recent tax changes), then any gift in excess of $13,000 may impact the elder's tax situation. A tax attorney can help you figure this out. If someone does not have a taxable estate (currently less than $5 million), then the "$13,000 per year rule" really has no tax impact; the...

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

Malnutrition and dehydration are almost always signs of neglect. Bed sores are frequently the result of neglect, but not always. With respect to the malnutrition and dehydration, one question is whether it began with self-neglect. If not (possibly because the elder or individual with a disability is frail or has dementia), then was someone responsible for the injured person. Not every injury is someone's fault because the law does not assign make someone responsible for another unless there is...

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Elder Abuse

The Guardianship process is designed to address problems like the one you've described. Obviously it's not working for you. You indicated that the judge and your lawyers don't see the whole picture. One solution would be to talk with them about retaining an expert in elder abuse and/or geriatrics who can help tell your family's story.

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