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Benjamin Baird deForest II

Benjamin deForest’s Answers

122 total


  • Is there a legal way to get less social security and pension in order to apply for Medicaid for nursing home living?

    Benjamin’s Answer

    The simple solution to this is the creation of a Qualified Income Trust. The $200.00 excess is deposited into the Trust and then a check for the $200 written to the nursing home.
    The Social Worker at the Nursing home may have a form if she is assisting with a Medicaid Application.
    Caution. Medicaid looks at the GROSS income for purposes of what her income is, not simply the net amount being deposited into a bank account.

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  • What's the charge for abandonment?

    Benjamin’s Answer

    I am sorry but you have failed to provide sufficient information about the details or facts of the situation let alone what your question is..

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  • What happens if the poa of financial matters for my mother refuses to pay my mothers bills?

    Benjamin’s Answer

    The sole duty of a person who is Financial Power of attorney is to handle finances and to pay the Principal's bills. The facility can sue the sister who does not pay the bill if there are adequate funds with which Sister can pay the bill. The Sister who is Financial Power of Attorney could also be brought to Court to explain her actions and to account for all monies she has spent on behalf of your mother to ensure she has not paid monies to herself. However a court action in Probate Court could run the risk that the court deems your Mom to need a Legal Guardian appointed which could result in the family losing control of health care decisions.

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  • Can someone appoint another person their power of attorney over their banking needs and finances if they are still married , in

    Benjamin’s Answer

    The Short answer is yes they can. Being married does not require that only a spouse be named as does not prevent the naming of a non spouse. As far as " what you could do " one thing would be to go to court to have the Power of Attorney nullified on the basis that your husband was not of sound mind when he executed it or was under undue influence. Do you feel that to be a possibility ? That he could be declared to have not been of sound mind ? However your husband while he is married to you does have a duty of support to you financially and if he is in jail I would argue he does not need any of his income and this should be allocated to you but it sounds to me the marriage is going to end so all these issues ( past and present ) should be addressed by a Divorce Attorney.

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  • My brother is mentally retarded, is it legal for him to be on a deed? And can he sign a quick claim deed?

    Benjamin’s Answer

    If you are currently Guardian of his person then you would first need to file an application or motion to be appointed Guardian of his estate. You could then request permission from the Probate Court to sell his interest in the property and be the one to sign the Deed on his behalf.. You would most likely NOT be granted permission to simply gift his interest.

    I strongly suggest you obtain the services of an Elder Law / Probate attorney.

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  • When spending down for medicaid eligibility?

    Benjamin’s Answer

    While it is true that It is appropriate to use your marital assets to pay household bills and living expenses as part of Medicaid spend down, if you have been advised you have to " Spend-Down" in order to obtain Medicaid eligibility you MAY not have to.

    It is possible for you as spouse to protect much more money than you may be aware of all through legal means using a particular legal strategy. This strategy is permitted under the Medicaid laws.

    I have counseled hundreds of spouses who were told they had to spend down "X" dollars until I was able to explain this strategy and get their spouse onto Medicaid in a matter of months when they had been told they would not be eligible until "X" dollars had been spent.

    Please seek out an experienced Elder Law Attorney who is conversant with Medicaid Planning.

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  • Should the person named as the executor in a will sign the waiver of right to administer?

    Benjamin’s Answer

    It sounds like you are doing this probate administration yourself otherwise your attorney would have advised you. Understand that you can do everything the court requires of you and still you can become personally responsible ( your own personal assets can become at risk ) if you fail to do certain things or improperly do certain things you should not have done (and that the Court will not advise you on or make you aware of ). I strongly suggest availing yourself of a Probate Attorney.

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  • What can I do to keep my sister and her daughter from taking the power from me that my mother gave me years ago??

    Benjamin’s Answer

    Your Mother cannot have given you legal authority over anything unless there is a legal document that was signed by her while competent stating she wanted you to handle her affairs. If the document the Niece had Mom sign was done while Mom was under undue influence or if Mom lacked capacity to know what she was signing it is voidable. You could have Mom sign Power of Attorney revoking what Mom signed but then it becomes a back and forth of revoking prior documents. I suspect if a medical power of attorney was signed a financial power of attorney may have been as well.
    Unfortunately if your Mom is not Competent now to sign documents a Guardianship through the County Probate Court may be necessary. This could result in the revocation of the document(s) Niece signed or if niece hires a lawyer they could try and prove that Mom is competent and that a Guardianship is not necessary. In any event there is no guarantee as to who might be appointed by the Probate Court to become Mom's guardian and it could end up being a non family member. And fair warning the Court could review all the bank statements over the past 10 years to determine if all expenditures you made for Mom were for her benefit.. I suggest you see an attorney well versed in elder law and guardianship law.

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  • Does POA give you the right to interfere with health inquiries of siblings.?

    Benjamin’s Answer

    Whenever there are family " Issues " it makes everything about these cases difficult.
    I would suggest you write a letter a Letter to the Administrator of the Facility advising that you wish to be advised of any serious changes in your Mother's health ? The facility may have a policy and probably does that only certain listed individuals are family " Contacts " who are to receive information about your Mom. Ask that you be added to that list in your letter. Ask for a written response and not just a phone call. This will get you a better more considered response than a phone call.
    Is Mom incompetent mentally ? Under a Probate Court Guardianship ? If not she has the right to visit with family members and have visitors of her choosing.
    Are you allowed to visit your Mother ? Have you ever caused a disturbance or conflict while doing so ? The POA (if it is for health and that is something you need to find out) permits sister to make health care decisions for Mom but should not prevent you as a family member from receiving information or visiting ( unless as I say there is a reason from a past incident ). If the nursing Home Administrator sides with your sister I would call the area Ombudsman of the Area Agency on Aging that covers your County. 1-800-282-1206. Again I do not know what the family dynamics are but there are obvious issues and that will make all this more difficult.

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  • My ex husband keeps calling my 99 year old mother. I have asked him for the past 2 1/2 years to stop. My mom has cognitive issue

    Benjamin’s Answer

    Do you feel he is harassing your Mother ? I would assume you do not since he has been doing it for 2 1/2 years now ?
    If you wish to put a stop to it you should consult with an attorney who could have a restraining order issued against his ability to make future calls.
    It will cost money but if it is that much of a problem that is your ultimate solution.

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