I agree. If there is a possibility he would understand a power of attorney, that would be simpler, but if not, you will need a conservatorship. Time may be of essence here, as you will have issues regarding care, placement and possible Med-Cal qualification soon.
Not sure what you mean by "Recuperative care." If the facility is a rehab skilled nursing facility, they have a legal obligation to provide such care as needed to help you achieve your maximum practicable level of functioning. If "can't meet your needs" means they are not providing support you are entitled to, you may need an attorney...or at least to file a complaint. However, if "can't meet your needs" means the level of care is not appropriate for you, or that your expectations are not in...
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.
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.
I agree with all statements. I'd like to add, though, that it would make no sense to refinance just to get a mortgage interest deduction. That would be a net loss. Refinancing would only make sense if he needs that extra income for his in-home care, and his other sources and benefits eligibility isn't enough.
There are a lot of moving p;arts to this question. Tax issues, public benefit issues, legal authority, and more. See an experienced elder law attorney in your area to see if this is a good idea or not.
Most common would be a joint trust, agreeing that if you died first he could continue to live there, but locking in your 1/2 share for your kids. There are many options. If he won't cooperate, you can always do a trust of your own for your 1/2. An estate planning attorney should be able to help you understand all your options. No reason to loose a second time.
Yes, there is nothing wrong per se with an attorney notarizing a document for his client. A notary is only verifying that the person who signed is who they say they are...nothing more. The real questions here are whether or not the 7th wife acted within the authority the trust granted her. And perhaps also, if your friend had capacity to do the amendment or did it subject to undue influence. As to the attorney, If his client was clearly exceeding their authority under the trust, and the...
If someone has zero share of cost based on Medi-Cal determination, and then later acquire additional income or property, that may change their eligibility or share of cost going forward, but they owe nothing retroactively.
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...