Philip Palmer Lindsley’s Answers

Philip Palmer Lindsley

San Diego Elder Law Attorney.

Contributor Level 3
  1. Is it appropriate to send court ordered conservator web based article detailing problems with assisted living facilities?

    Answered 10 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

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

    Answered 10 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

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

    Answered 6 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

  4. I live in california.Can i be the conservator for an autistic adult,or can i only be a limited conservator?

    Answered 21 days ago.

    1. Ivette M Santaella
    2. William Anthony Massarweh
    3. Philip Palmer Lindsley
    4. Shelley Ann Elder
    5. James Charles Shields
    5 lawyer answers

    A "Limited Conservatorship," limited to those with a developmental disability, divides the powers of a general conservator into 7 sub-powers, and grants only as many as that person needs. That said, if a Limited Conservator is granted all 7 powers, which is often the case, they have the same authority as a general conservator. However, if the disability is clear and sever, and the lack of any capacity is clear, the court can upon request grant a general conservatorship for someone with a...

    1 lawyer agreed with this answer

  5. Is Domestic Partnership enough TO PREVENT REASSESSMENT OF PROPERTY TAX when a partner dies?

    Answered 21 days ago.

    1. Anita Louise Steburg
    2. Lawrence A Ajalat
    3. Stephen Ross Cohen
    4. Philip Palmer Lindsley
    5. James Charles Shields
    5 lawyer answers

    I wanted to answer with one word..."Yes," but AVVO says a thoughtful answer needs to be at least 35 characters long.

    1 lawyer agreed with this answer

  6. I have a medi*cal reimbursement question.

    Answered about 1 month ago.

    1. Gregory Andrew Broiles
    2. Pardis Patrick Ashouri
    3. Gregory Paul Benton
    4. Christine James
    5. Nicholas Thomas Montalto
    6. ···
    8 lawyer answers

    I'm a bit late to the party here! The answer that suggested you'd be barred by a 3-year look back is simply wrong. The look back in CA is 30 months, but more to the point, there is no penalty by Medi-Cal whatsoever in CA for transferring an exempt asset...like a residence. I do agree that a "Medi-Cal Trust" would work, but rarely find them the best method for the elder. Why give up the control of usage of his home to avoid a theoretical recovery for a benefit he may never get? There are...

    1 lawyer agreed with this answer

  7. My brother is stealing my mothers money. She is 85 years old, and he signs for loans against the house, and directs money from

    Answered 6 months ago.

    1. Gregory Paul Benton
    2. Jennifer Nicole Sawday
    3. Christine James
    4. Anna Catherine Savino
    5. Philip Palmer Lindsley
    5 lawyer answers

    See an attorney in your county experienced in Elder Law. I also would immediatly call and report this to the Adult Protection Services, or similar agency, in your county.

    1 lawyer agreed with this answer

  8. My mother died in May 2012. She owned farmland and Mineral acres in ND. Transfer of title requires an estate # filed.

    Answered almost 2 years ago.

    1. Robert B Fleming
    2. Philip Palmer Lindsley
    2 lawyer answers

    Threshold question is "where was your mother living when she died?" If in ND, you'll need to find an attorney there to know what the process will be. The law of her domicle will apply for much of this. If your mother was not in ND, you still may need what's known as an "ancilliary probate" there to transfer title to the land. Again, when we know where she lived, the right attorney can assist you.

    1 person marked this answer as helpful

  9. How is the amount of the administrator's fees determined for an insolvent estate?

    Answered 10 months ago.

    1. Thomas J. Wagner
    2. Maximillienne Elliott
    3. Philip Palmer Lindsley
    3 lawyer answers

    In a formal probate, the statutory comission of the administrator and the fees of their attorney have priority over unsecurred creditors. This includes a Medi-Cal recovery claim. This answer assumes that you in fact need a formal probate. It's unclear from your question whether the house passed to a surviving joint tenant, or if a small estate summary probate would be possible. A surviving joint tenant would take the home free of the claim. A benefciiary in a non-formal summary probate...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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