Skip to main content
Jill Jacob Burzynski

Jill Burzynski’s Answers

2 total

  • OR state law regarding durable power of attorney

    My sister has power of attorney over my Mother's, who has dementia, financial affairs. Mom had both of us on all her checking accounts. My sister got angree with me and took our Mom, in her poor mental state, knowing Mom would go along with anyt...

    Jill’s Answer

    In addition to relief that may be offered from Adult Protective Services, you may be able to obtain assistance from a legal aid office in your community. You mention that you are on SSDI. SSDI is not limited to people without assets. Therefore, I am not able to say for sure that you would meet the asset and income limitations which would be required by legal aid.

    In most states, a person who initiates guardianship is able to recover the fees and costs expended from the assets of the incapacitated person. Therefore, you may be able to find a private attorney who will review the documentation that you mentioned showing the misappropriation of your mother's funds. If the attorney believes that you have a strong enough case, he or she may agree to take the case and recover the fees associated with initiating the guardianship pursuant to court order after the guardianship is established.

    If your mother is already incapacitated then obtaining Durable Power of Attorney at this point is not feasible.

    See question 
  • Can I get some help to pay for my husband nursing facility

    I am 79 years old, my husband is 90 years old he has Alzheimer/ Dementia, he is on a wheelchair, and does not recognize his family, he is currently in a facility where I pay $2500 a month, plus diapers,food supplements like insure, his medicine, ...

    Jill’s Answer

    If your husband meets level of care, he may be able to receive Medicaid, depending upon his assets and income. If the assets, including both your assets and his assets, exceed certain limitations, the assets may be restructured to in order to apply. If his income exceeds certain limitations, trusts may be used to meet eligibility requirments. There may be a cause of action against the facility where he resided where he was not cared for adequately that he developed bed sores.

    See question