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David L. Carrier
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David Carrier’s Answers

2,915 total


  • Can I fight my grandma in court for my fathers ashes?

    My grandma has my father's ashes and I never knew about it because she didn't tell me. I want to get all of his ashes because I don't believe in splitting them between me and her. She won't let me though..

    David’s Answer

    • Selected as best answer

    The next of kin has priority to decide how a person's body will be disposed of... that would be you and your siblings (if any). Grandma has no right to have made the cremation decision and I do not believe she has the right to the cremains, either...

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  • What can i do to stop this?

    My cousin's are taking out of my uncle and aunt's banking account without his consent. He and his wife are elderly and there taking money and paying unprofessional people to work on things and their not fixing correctly. They are also abusing them...

    David’s Answer

    1. Call Adult Protective Services.
    2. Retain local counsel to seek guardianship/conservatorship over aunt and uncle.

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  • Can I be claimed as a dependent on married child's taxes without loosing my Medicaid eligibility?

    I am on Medicaid (my state has expanded Medicaid), I have no income, I live with my married child and her spouse. If they claim me as a dependent on their tax return, does my Medicaid eligibility get affected.

    David’s Answer

    No income? Not even some sort of social security? OK... well, Medicaid eligibility is income and asset-based. Sounds like you have no income and no assets. The fact that your daughter is helping you out and may get take benefits based on that should not affect your benefits.

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  • Do we have a case against this agency that would cover medical, financial, pain, etc.

    Hired a licensed caregiving agency to provide 24 hour care for 95 year old mother. Mom is very active, travel, able to a/descend 3 steps before fall. We have online cameras documenting following event. 11/7/15 Caregiver on duty, left mother alone ...

    David’s Answer

    These would be "red meat" facts to many personal injury/malpractice attorneys. Unfortunately, due to the laws relating to damage claims, these are not usually highly remunerative cases... but the evidence you describe would likely be very attractive... Call a local elder law attorney for a referral!

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  • Please tell me how I can get my mother out of that hospital and bring her home.

    My mother has been depressed and went to the doctor to get some help and he sent her to a mental hospital. They have adjusted her medication and she was doing better. But they will not let her leave. She is getting more depressed by being there an...

    David’s Answer

    Every state has a process to re-certify that a person committed to a mental health facility remains qualified for that commitment... So when the next hearing comes around, attend with your attorney and make the case to the judge....

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  • Can a person pay themselves for caregiving when the person being cared for lives full time in a caregiving facility?

    My sister paid herself $60,000.00 as a caregiver to our father retroactively for 2011 and 2012 while our father lived with her. She had him sign a POA (revoked to herself only) in October 2010. Most of that time he was self-sufficient and allowed...

    David’s Answer

    Sounds bogus to me... not to mention that Medicaid will almost certainly treat these payments as divestment and impose a penalty period if/when Dad applies for Medicaid. It's not impossible that Dad validly signed a contract for services that calls, legitimately, for these payments, but.... Consult with counsel!

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  • Would Medicaid from the New York State of Health make me a public charge?

    I am a third-year permanent resident, in New York. Could I apply for Medicaid through the New York State of Health without becoming a “public charge”? I already know that becoming a “public charge” could make my sponsor liable to pay for my med...

    David’s Answer

    Here's the deal... on this website we offer our learned maunderings and worth-what-you-pay-for-it free advice, but when it comes to verifying your research and giving specific advice in specific situations? Pull the other one!

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  • Do I have to testify and if not is there any MCL I can use

    I live in Michigan and my wife is fighting for guardian ship for her son the step mom has a attorney and her attorney decided to tell the judge he wants me to be a witness against my wife and the judge informed the step mom lawyer that I was prese...

    David’s Answer

    If you haven't been supoena'd you don't have to show up...

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  • What are my options.

    I work with a guy who is constantly making accusations that me and another co worker are sleeping together. Him doing so is causing my boss to remind me to do my job and not mess around after she leaves. Is there anything i can do to make this sto...

    David’s Answer

    I'm surprised the HR department isn't all over this... make a written report and copy everyone from the president of the company to your immediate supervisor.

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  • What is the law in Illinois for caregiver aides putting on TED hose (compression stockings)?

    Mother living in retirement community which also offers assisted living. She needs to have TED hose put on everyday.

    David’s Answer

    My experience is that you have to closely monitor your mom's situation to make sure that the care she's supposed to receive is the care she actually receives. Caregivers are always under pressure to get things done and it is an unfortunate truth that not everything does get done... Monitor!

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