This really isn't a probate question. It deals with a personal injury/wrongful death claim. To get your question before the right type of attorney, I have changed the practice area. Don't delay in contacting a personal injury attorney. There are some short time limits in which you need to file a lawsuit. Most personal injury attorneys do not charge for the initial consultation. If they feel you have a case, they may take it on a contingency basis.
If you currently have the power of attorney of the individual you may want to use it to request medical and nursing home records now, in case the person passes away and your authority under the power of attorney terminates. Then you can use the AVVO Find a Lawyer search tool to locate an experienced attorney who does nursing home abuse cases and make an appointment. They will want to review the records.
While your father is doing his best as caregiver, it doesn't sound like he is fully capable of handling the situation himself. This is a very common situation. Unfortunately the only solution may be for you to petition the court for a guardianship. The important consideration should be your mother's health. You need to consult with an elder law attorney to review your options.
What are they threatening to do? You indicate that your mother does not suffer from diminished capacity so I assume she is competent to make her own decisions in the matter of where she stays. You, as her agent should have the power to carry out her wishes, but a lot depends on the scope of the POA. This may well be a situation where a letter from her attorney may be sufficient to cause them to back off. If she doesn't already have an elder law attorney, you can locate one near to where she...
“Elder law” is defined by the American Bar Association’s Standing Committee on Specialization as a holistic approach to the practice of law, akin to trusts and estates, which includes:
• Health and personal care planning (advance directives and powers of attorney)
• Pre-mortem planning (wills, trusts, powers of attorney, etc.)
• Fiduciary representation (executors, trustees, attorneys-in-fact, etc.)
• Legal capacity issues (guardianships and conservatorships)
• Public benefit...
The best thing you can do for your father and yourself is get with an elder law attorney who is experienced with Medi-Cal rules. The worst thing you can do is begin moving assets out of the trust before getting competent legal advice.
Holding on to the check, sending it back or refusing to cash it could also be considered enough to cause you to lose your benefits. You may however be able to put the check in a special needs or pooled trust and still retain your benefits. The funds in the trust get spent on you, but are not available for Medicaid/SSI purposes. A 1st party or d4A special needs trust is going to cost you money to set it up. They are complicated and can take time getting it approved by the State and SSA. You may...
There are many good personal injury attorneys in Wyoming. Most take cases on a contingency basis. You should use the AVVO Find a Lawyer search tool to locate one. Be aware that this may be a Workers Comp case.
You are missing the fact that unless your son falls within one of the narrow catagories of exemptions the transfer will trigger a penalty period if you make application for Medi-Cal within the next five years. It's not just about the taxes. That doesn't mean the transfer can't be done. You will just need to be prepared to deal with the consequences. Rather than forging ahead, you should consult with a good elder law attorney in your area who has experience in Medi-Cal planning.