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David L. Carrier
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David Carrier’s Answers

2,690 total


  • My father just passed. Do i need to refile my mothers medicaid?

    She's already on long term medicaid, but since my father passed the income her medicaid is based on has changed.

    David’s Answer

    Yes, you generally have 10 days to report a change like this, so that her monthly patient pay amount can be adjusted (upwards, probably)....

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  • Is it true that MassHealth's Community/Frail Elder Waiver program is a payback program where you have to pay MassHealth back?

    Is it true that MassHealth's Community/Frail Elder Waiver program is a payback program where you have to pay MassHealth back after the elder dies, and MassHealth will then put a lien on their home to get their money back? One attorney told me this...

    David’s Answer

    Agree that the Medicaid reimbursement rate (that the payback is based on AND which is cost plus profit) is FAR less than the private pay rates. [And what does that tell you about the profit margin at the private pay rate?] But that does not mean that you should not explore your advance planning options... Consulting with a local elder law attorney really is the best bet.

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  • I was named durable POA for my mother who had been diagnosed with advanced dementia in Apr of 2012. 1 yr later she revoked it.

    She was not mentally competent when the POA was revoked and she named her housekeeper as the new POA. I believe the new POA is not acting in a way my mother would have wanted when she was well. Do I have the right to contest the revocation? I a...

    David’s Answer

    Talk to a lawyer.
    Petition the probate court to set aside the POA.
    See what happens.

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  • Can I sue my family for wrongly putting my inheritance in a trust, by swindling a half dead woman to sign a contract?

    My mom and my dad wrote these horrible emails to my aunt who is the executor of my grandparents estate. At the time my gma was still alive with severe dementia, and a month to live. The emails were untrue, and extremely hurtful. If I can not su...

    David’s Answer

    Q: Can I sue my family for wrongly putting my inheritance in a trust, by swindling a half dead woman to sign a contract?
    A: If you can prove the "swindle".
    Q: If I can not sue for libel or whatever it may be considered,
    A: And you probably can't...
    Q: can I sue for emotional damage.
    A: Emotional damage is what you get paid for (rarely!) when it results from some underlying wrong thing done to you...
    Your mom and dad telling your aunt or grandmother that you are terrible, awful, horrible, no good, very bad is most likely protected speech...

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  • Is this possible and how would I get started?

    My brother and his wife are separated. neither have the means to care for their children. I am willing to take guardianship of them I live in a different state though.

    David’s Answer

    They could simply agree that you should take the children and give you powers of attorney over them, but going to probate court and obtaining formal guardianship would prevent them from simply revoking the powers at their whim.

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  • I have the 1st trust deed on a land, and a note, the borrower died 1 month ago with out making payments. What can I do?

    500 acres of bare land, behind my Deed there is also a lien on the property. On neither, payments were made I also lend him the original money to buy the property , have a note, which he never paid on it, promised to pay from settlement, never...

    David’s Answer

    Too many issues! Not enough facts! Too many contradictions!
    Good News: Across the table from an attorney, all these issues can be sorted, prioritized, dealt with.... So go see one!
    Head hurts....

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  • Can a health care proxy stop visits and contact with a dying person?

    my fathers wife has asked the hospice hometo stop all visits and contact with my father. He has stage 4 lung cancer as well as sundowners syndrome. I want to see my dad but the facility states they are respecting his wifes wishes.

    David’s Answer

    Q: Can a health care proxy stop visits and contact with a dying person?
    A: Yes. With all the usual warnings about this not being legal advice or expressing an opinion about NY law and all that sort of thing...

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  • Can the bank change the signers on a bank account, when a law suit has been filed to declare a party incompetent?

    I am the appointed administrator. What can I do about the bank? What can I do about the 2 siblings writing checks and taking money? Two siblings (heirs), prior to the death, filed in the courts to have the decedent acknowledged as incompetent and ...

    David’s Answer

    Until the "party" has been declared incompetent, the party gets to do what the party wants to do, including changing beneficiaries on bank accounts...

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  • I am PR over my Father's & Mothers Estate. My sister stole most all the valuables while Mom was in hos. and right after passing

    We were suppose to be CO-PR and do everything together and split everything 50/50. She not only stole from the estate she went to all the banks behind my back and even got one bank to release my funds to her. I hired an attorney,due to what my sis...

    David’s Answer

    I'd call Adult Protective Services or your local police department... APS is pretty up on the whole family member rips everybody off scenario (although there's no protected person here, only the estate, but hey... worth a shot)... Local police might be interested in a fraud/larceny by trick/embezzlement case, but then, they might just decide that it is a "civil matter" and keep on chasing the guys with guns and knives... Try Legal Aid...

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  • On inter spousal gifts....

    If Medicaid provides a three month period after application in which to transfer assets between spouses, so say one spouse who applies for Medicaid and then gives away to his or her spouse a small CD that would prevent the applicant for qualifying...

    David’s Answer

    Maybe you're talking about the presumed asset eligible period, which, in Michigan at least, is 12 months from the processing month. This period of time is allowed for any assets in the applicant's name to be transferred to the non-applicant/community/at-home spouse, so that the only assets left in the applicant/institutionalized spouse's name would the the institutionalized spouse resource allowance/patient allowance of $2000.
    This can be a real pain when the applicant spouse has an IRA equal to the community spouse resource allowance/protected spousal amount, but you have to transfer the IRA to the community spouse and take the tax hit...
    Or maybe you're asking about something else altogether!

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