Philip Palmer Lindsley’s Answers

Philip Palmer Lindsley

San Diego Elder Law Attorney.

Contributor Level 5
  1. Can a 17 year old be considered gravely disable because he smokes pot daily and drinks one or two beers weeks at a time?

    Answered 27 days ago.

    1. Philip Palmer Lindsley
    2. Vance Tate Davis
    3. Gerard William O'Brien
    4. Ivette M Santaella
    5. James Charles Shields
    5 lawyer answers

    You can only get that type of conservatorship based on a finding of grave disability. That means an inability, due to a mental disorder, to provide for his own food, clothing or shelter. Doesn't sound applicable. Stranger still, he is a minor, and should not require such a proceeding. You are still his legal Guardian, and should be able have quite a bit of influence in all of this. Please see an attorney.

    8 lawyers agreed with this answer

  2. Is it appropriate to send court ordered conservator web based article detailing problems with assisted living facilities?

    Answered 12 months ago.

    1. Philip Palmer Lindsley
    2. Richard Marc Katz
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You certainly should forward that article. And, with new legislation just enacted, the conservator will not be able to control the frequencies of your visits after 1/14/14 unless they get a special order to do so.

    Selected as best answer

  3. Funding Special Needs Trust

    Answered 19 days ago.

    1. Philip Palmer Lindsley
    2. Gerard William O'Brien
    3. James Charles Shields
    4. Shelley Ann Elder
    5. Patrick Joseph Bradley
    5 lawyer answers

    If the settlement was recieved by her, she could still establish a "first party" special needs trust without loosing her benefits. It is important that this is done correctly though, and in the right kind of trust...so she should definitly see an elder law attorney familiar with special needs trusts. If the other trust you mention was createdand funded by her sisters, it may be what is known as a 3rd party special needs trust...and you deffinitly would not want to mix the two. Again, see an...

    Selected as best answer

  4. I own a home paid in full below 500K and very small income from social security, my children want me to do an irrevocable trust,

    Answered 7 days ago.

    1. Michael Raymond Daymude
    2. Philip Palmer Lindsley
    3. Vance Tate Davis
    4. Stephanie O Joy
    4 lawyer answers

    I share the concern of the others that there'[s not enough information to know whether this is a good idea or not. There are significant risks to you with such a trust and transfer of your home. I suspect you have much better options if the goal is Medi-Cal eligibility. From your brief statement, you may be already eligible for Long Term Care Medi-Cal should one of you need care in skilled nursing. We sometimes advise transfers for avoidance of state recovery actions for people who in...

    4 lawyers agreed with this answer

  5. My son receives sdi. Can he work part time and will tHis affect sdi or Medicaid?

    Answered 11 months ago.

    1. Ivette M Santaella
    2. Kelvin P. Green
    3. Philip Palmer Lindsley
    4. Clifford Michael Farrell
    4 lawyer answers

    Other answers have assumed you mispoke and meant SSI, not SDI...and perhaps they are right. But if you meant what you said, there are still issues, though different ones. SDI does allow some minimal part time work, and has a more robust trial back to work program as well that will allow several months of work for some one to test if they can make it off benefits. You should consult with a Social Security Disability attorney to review the options.

    4 lawyers agreed with this answer

  6. When applying for Medicaid can my mom write me a check for 1500 to get under the 2000 in assets allowed a time of application?

    Answered 27 days ago.

    1. Lawrence A Friedman
    2. Robert William Haley
    3. George Anthony Munoz
    4. Philip Palmer Lindsley
    4 lawyer answers

    Some of theswers don't understand that you are in CA. A $1,500 transfer, even if an outrght gift, will not be penalized by Medi-Cal. This assumes your mother has the understanding to know she is making a gift to you. You do however, with the way title is held, have a potential 'recovery" issue. Transferring the home now likely will only make things worse, unless you know exactly what to do and how to do it. See an experienced elder law attorney in your area.

    3 lawyers agreed with this answer

  7. How should I deal with a Trust Accounting ACKNOWLEDGEMENT OF RECEIPT APPROVAL & RELEASE which contains unacceptable provisions?

    Answered 27 days ago.

    1. Michael Leo Potter
    2. Philip Palmer Lindsley
    3. Shelley Ann Elder
    4. James Charles Shields
    5. Cheryl Sellers Johnson
    5 lawyer answers

    1. Do not sigh the release! You are under no obligation whatsoever to do so. 2) Consult with a trust and estate attorney about whether or not you should file an objection. A good one can help you understand your rights, and the cost-effectiveness of pursuing this.

    2 lawyers agreed with this answer

  8. I Am 59 Years Old & Considering Medicaid Through Obamacare . Will A Trust Protect My Assets? How About The Ladybird Deed?

    Answered 7 months ago.

    1. Michael Leo Potter
    2. Christine James
    3. Ivette M Santaella
    4. Philip Palmer Lindsley
    4 lawyer answers

    The current position by DHCS is that recovery of assets after the death of the Medi-Cal recipient will also apply to the ACA "Expanded" Medicaid (Medi-Cal) program. There is anticipated clarification from CMS that may hold contrary however, so this is currently uncertain. In California, a revocable life estate (aka Ladybird deed) will not protect assets from recovery. Remember though, there is no recovery in this state as long as either the Medi-Cal recipient or a spouse is alive, or if they...

    2 lawyers agreed with this answer

  9. Hello, I am a recent widow. My husband and I had a split trust which is now in my name only. We have two adult daughters.

    Answered about 15 hours ago.

    1. Philip Palmer Lindsley
    2. Michael Leo Potter
    3. Ernest Joon Kim
    3 lawyer answers

    What your rights are, or the rights of your daughters, will be determined by the language of the trust. Sometimes the survivor of a "split trust," has complete control, and sometimes their hands can be tied to one degree or another. You need an estate planning or elder law attorney to look at the trust, and other estate planning documents, so they can tell you just where you stand. However, unless there is a portion of your trust that is irrevocable, your daughter has no right to demand an...

    1 lawyer agreed with this answer

  10. Do I need to add my kids to my life ins. policy my wife is bene of, or will it go to them if I put the policy in my trust?

    Answered 9 days ago.

    1. Lawrence A Ajalat
    2. Michael Leo Potter
    3. Philip Palmer Lindsley
    4. Shelley Ann Elder
    4 lawyer answers

    It's good your are thinking about a trust. If your wife is the sole beneficiary and she passes first, when you die the policy, if you have not named a second beneficiary, may default to your "estate..." possibly requiring a probate, You don't want that. It often works very nicely to make your trust a beneficiary of your insurance policies, if what your trust says about beneficiaries is what you want to happen with the policy proceeds. For instance, if your trust is the beneficiary, and the...

    1 lawyer agreed with this answer

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