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Mary Alice Jackson

Mary Jackson’s Answers

3 total

  • What action can be taken if resident is behind on their homeowners dues

    My 88 year old dad has a condo filled with stuff. He doesn't live in it. The association did a walk through and he was told it's a health and fire violation. Also he is behind in homeowner dues- owes 3,000 with late fees. My dad is unwilling to ...

    Mary’s Answer

    More information is needed in order to answer this question. Is your dad in good health - stubborn? Does he give a reason for not taking care of these issues? Is this behavior consistent with his lifetime pattern of behavior or have there been changes? If he is ill, or suffers from impaired judgment from an undiganosed cause, then you should consult an elder law attorney about use of any existing Durable Power of Attorney, or if such a document doesn't exist, about a possible court guardianship/conservatorship proceeding.

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  • Medicaid eligibiltiy

    How thorough an investigation is done when an elderly person applies for medicaid in NY state. A significant bank account has been disclosed, however another smaller one has not. This person has been low income for many years, and has had a home...

    Mary’s Answer

    Most state Medicaid agencies have become increasingly sophisticated in finding non-disclosed assets. New York is actually part of a federal pilot project where banks and the state agencies will work together to gather information on applicants and recipients. Although not all unreported assets will be found, if they are found, an overpayment situation has been created and there can be both required payback, and possible criminal sanctions if the situation constitutes intentional fraud. You don't identify whether the Medicaid recipient is someone whose assets who have authority over, - but in any event, the unreported account should be reported immediately. Again, it's always a good idea to contact an elder law attorney in your area before trying to make independent determinations regarding what assets may or may not be subject to being reported. Many factors go into a determination regarding an asset's inclusion.

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  • Elderly Mother's rights

    I assumed the responsibility of caring for my ill Mother, who began to live in my home in early July 2008. Approximately three weeks later, without my knowledge, my older sister took my Mother to her four banks in the area and placed her name on ...

    Mary’s Answer

    Your question involves a number of legal issues, including possible financial exploitation of a vulnerable adult, incapacity and decisions making, and tax law. Exploitation is a crime in most states but is typically not pursued in family matters if other resolutions are available. Persons without the legal capacity to make financial decisions may need to be placed under a court supervised guardianship, so that a court appointed guardian can have access to his or her financial affairs, and in order to prevent the incapacitated invidivual from entering into contracts, giving away funds or taking other steps which can be financially devastating. If your sister refuses to respond, you should seek the counsel of an elder law attorney - search to find one near your home.
    Also, whether you can claim a dependent relative, including a parent, as a dependant on your tax return depends on a variety of factors. See your accountant, or the IRS website, searching "dependent exemption" for a start.
    You don't say whether your mother ever signed a Durable Power of Attorney which would have delegated authority to someone else regarding her financial affairs if she became incapacitated. If she did, that person, known as the "attorney-in-fact" or "agent", may be able to use the document to gain information from the banks and other financial institutions where your mother had accounts.

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