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Christopher J. Berry
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Christopher Berry’s Answers

49 total


  • My parent has a home in Michigan,she is moving to an Assisted living facility in North Dakota.will a Ladybird deed work here?

    I am told the ladybird deed may not work if she becomes a resident of NORTH DAKOTA . If so ND i believe has a similar program..will we need to apply there

    Christopher’s Answer

    I assume you're using a lady bird deed to avoid estate recovery and protect the home from nursing home costs or a lien. In Michigan, it avoids estate recovery if done properly. I can't speak to North Dakota. If your mom is going to be in an assisted living in North Dakota, and then transitioning to a nursing home there where you are looking at Medicaid to help pay for her care, then you need to follow North Dakota Medicaid rules, but you'll need a Michigan attorney to draft the deed. First consult with a North Dakota elder law attorney. I recommend working with a CERTIFIED elder law attorney. Find one here. http://nelf.org/find-a-cela/north-dakota

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  • Can I have medical rights to my elder father's care if he is married?

    My 80 year old father is married and is incapacitated due to a stroke. He physically is having a tough time getting around and cannot speak or write his name. Communication is minimal. Me and my 2 brothers have concerns that my dad is not get...

    Christopher’s Answer

    You may want to consider a guardianship, which is generally the last resort, because you have to goto court. But if your father doesn't have capacity to sign a medical poa, that may be the only option. Talk to an elder law attorney in your area.

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  • Mother 68 disabled w/Medicare & Medicaid sold her home moving closer to her children. What are her options with the money made?

    lives in Texas

    Christopher’s Answer

    She may very well be disqualified for Medicaid. Medicaid, in Michigan, has a $2,000 asset limit for the type of Medicaid I normally deal with as an elder law attorney. The home is an exempt asset, but when sold and turned into cash, it becomes a countable asset.

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  • 92 man daily customer at Village Inn has Dementia,has been paying other peoples tabs without permission,responsible for my Dad?

    Ya my dad has Dementia still drives and has been going to eat at the Village Inn for a long time, I just found out today that he has been picking up peoples tabs without there permission at resturant. He doesnt have the money to do this, can the V...

    Christopher’s Answer

    Maybe, maybe not. I'd have a discussion with the Village Inn. You'll for sure want to have POA, but if you need to terminate his ability to make his own decisions and do things like this, you would need a guardianship. It's a last resort in my book, because you are taking away someone's independence and you are getting a court involved.

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  • Can you receive Medicaid & VA compensation at the same time in Florida?

    Mother has been receiving Medicaid assistance to afford assisted living, while VA application was being processed. Now that the VA application has been approved and pension is available, do we need to cancel Medicaid assistance?

    Christopher’s Answer

    You can receive both, however if your mother is in a nursing home receiving Medicaid your VA benefit and amount of income that your mother can keep in total is $90, versus the $60 per month you are usually able to keep in income. The rest of your mother's income goes to the nursing home as a patient pay amount.

    Now if it's Medicaid in an assisted living instead of a nursing home, that's a different story. The VA benefit (assuming she's qualifying as a surviving spouse) which maxes out at $1149 plus social security, might put you over the community Medicaid limit.

    I'd recommend talking to a CERTIFIED elder law attorney in Florida.

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  • Does a quit claim deed go into effect the date it's signed, or on the date it's filed with the ROD? It was signed in July 2012.

    Dad has Alzheimer's, and is on a waiting list for an assisted living home. He owns his home and the house and property where he was raised. He signed the QC deeds, listing me and my sisters as grantees, in July of 2012. They haven't been filed w...

    Christopher’s Answer

    Sounds like you're doing the "deed in the drawer" trick, which you can run into some problems with. To answer your question, when the deed was signed, it was technically transferred, even if not recorded. If its in yours and your sisters name, it avoids estate recovery, but you might have problems with the Medicaid 5 year look period, if he needs nursing home care.

    Typically, we do a lady bird or legacy deed so that it's in your dad's name during life time and then when he passes away, it avoids probate and estate recovery.

    Is your dad a veteran? You might be entitled to over $1700/mo in VA benefits if he meets the requirements if he's receiving home care or when he moves into the assisted living.

    Find a CERTIFIED Elder Law Attorney (CELA) in your area.

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  • How do I get power of attorney of my elderly mother that has serious mental issues?

    My mother is 67 years old. And has no ware to live. I can't take care of her and need to GET HER Into Assisted living or some kind of In patient CARE CENTER WARE SHE Is Takin care if as she needs. Ware do I start to get power if attorney?

    Christopher’s Answer

    You can see an elder law attorney for a power of attorney, but if your mother doesn't have capacity anymore, then a guardianship or conservatorship may be required.

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  • Is there anyone that I can contact RIGHT NOW about issues regarding a P.O.A and my mother's health and safety.

    I need to speak with someone concerning an ongoing issue which involves many aspects in regards to fraud and abuse being committed by my sibling towards my fathers estate and my ill mother. Urgent request needed due to this present pressing matte...

    Christopher’s Answer

    David Goldman, who answered your question would be a great resource if you need an elder law attorney to assist you in Florida.

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  • My neighbors in their late 80's have a home ss retirement and va pension husband just suddenly got ill will be put in nursing

    home soon he s terminal will she lose her house and his pension

    Christopher’s Answer

    There are six ways to pay for long-term care.
    1) Private Pay 2) Kids Pay 3) Medicare 4) Long-term Care Insurance 5) VA Pension 6) Medicaid.

    With your neighbor going into a nursing home it sounds like, you're going to need to look to Medicaid paying that cost of care. NH care can easily exceed $10k per month. I'd find an elder law attorney, specifically a Certified Elder Law Attorney (nelf.org) in your area to guide you through the long-term care maze.

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  • Do I need to find an attorney for my 67 year old mother who was in the hospital ? Iam her daughter and was not treated right.

    We were not treated with dignity or rescept. They lied about eating when she could. They discharged her with out a notice called me late in the day said she was discharged come get her. We get home they didnt send a med list or new prescriptions t...

    Christopher’s Answer

    I'd try to find a health care law attorney, like Donna Craig of Health Law Partners. Then you need to decide if you want to throw money (pay a lawyer) at the issue.

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