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Matthew T Stillman
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Matthew Stillman’s Answers

32 total

  • If the veteran was single at the time he was enlisted (1955),does his spouse entitled for attendance + aide benefits?

    After veteran has passed away ,can his spouse still recieve those benefits in her old age?She has dementia,and he left with honorable discharge ,however they were not married until 1960

    Matthew’s Answer

    All other eligibility qualifications for A&A aside, you asked if a surviving spouse of a veteran had to be married to the veteran DURING SERVICE to be eligible for Widow's Pension or Death Pension, the A&A benefit offered to surviving spouses. The answer is no: if all other eligibility qualifications are met, the surviving spouse need only be married to the Veteran at the time of his death to be considered as the surviving spouse. Marriage during service is wholly unnecessary to obtain the benefit.

    That aside, other eligibility requirements exists (1) wartime service, (2) other than dishonorable discharge, (3) Asset eligibility, (4) income eligibility, and (5) medical eligibility.

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  • My spouse became incapacitated during divorce. Can his durable power of attorney and lawyer continue our divorce in his behalf?

    Spouse is older and has alzheimer's, can his power of attorney son continue our divorce action?

    Matthew’s Answer

    From the facts given, unless an unique Power of Attorney authorizes the Attorney in Fact to act on his behalf in the event of a divorce, this does not seem likely to be approved. More facts and review are needed to answer the questions correctly.

    If, during a divorce, your husband has lost "capacity" it seems likely the local Probate Court will have to appoint a conservator and/or an attorney on his behalf to represent his interests. You will need to see an attorney.

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  • How do I remove my sister from POA of my mother who has dementia due to neglect. My sister is a hoarder and the house is filthy

    My sister refuses to pay for any care my mother needs. I found out my mother's long term care insurance will pay $92 for home care. My sister has agreed to have home care but only for the hours they pay for. My mother is alone 12 hours

    Matthew’s Answer

    • Selected as best answer

    First, given the safety issue regarding your mother's condition, I would contact protective services to investigate and possibly intervene. A hoarder who refuses to care for her ward doesn't sound like she's actively caring for and/or protecting her ward. That aside, if you mother has dementia, it remains questionable whether you will both a) be able to get her alone to revoke the old POA and sign a new one, and b) even if a new POA is drafted, whether it will be accepted (due to the existing cognitive impairments). Without knowing more, I would advise (if possible) to have your mother apply for a voluntary conservatorship, naming you (or someone other than the hoarder) as her guardian/conservator.

    In truth, best advice here is to go see a local Elder Law Attorney. You can find them through the NAELA (National Academy of Elder Law Attorneys) website.

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  • What is the difference of successor power of attorney and attorney e y in fact ?

    My brother wants our mother to give us power of attorney. He has drawn up forms to be signed listing him as successor attorney and myself as attorney in fact. What is the difference ?

    Matthew’s Answer

    An attorney in fact is the name of the party authorized in a Power of Attorney; an authorized party is not a Power of Attorney, an authorized party is an Attorney in Fact. A successor is a person who will step into the role of Attorney in Fact if the original party generally cannot, or does not wish to perform in that role.

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  • How do I get power of attorney for my elderly mother who has alzheimers?

    I live with her and take care of her and she can't be left by herself

    Matthew’s Answer

    The test as to whether a POA will work is "does your mother understand the nature and consequences of the act (in creating the document)"? Even though one has dementia/alzheimers, if the parent understands they are transferring their right to act to an agent, then it may be deemed "OK".

    First, go see a local Elder Law Attorney.
    Second, ask whether a voluntary conservatorship would be possible. Even if you mother has limited capacity, she may approve a voluntary conservatorship/guardianship. If the local court "blesses" it with their approval, then it would be easier/less expensive than an involuntary conservatorship.

    Again, go see a local elder law atty.

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  • Do I need an attorney? If so, should it it an elder law?

    I just dismissed my attorney because my father's trust was pretty straight forward. Four beneficiaries, 117,000 in assets, one auto. But, just found out as I was told by my CPA to get distributions by years' end, that my brother just went on Med...

    Matthew’s Answer

    Respectfully, not enough info to advise you. Definigtely seek out an Elder Law attorney through NAELA. VA benefits at 1052? For what? Service Connection? Low income pension? The type of benefit will direct what kind of income can be given to him. Does he need an SNT? Need more info. Don't do this yourself as you will put yourself and (possibly) your brother's benefits at risk.

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  • Mom and daughter own house together. Mom now in long term rehab fac in GA. Can medicaid put lien on house

    owned house 11yrs. mom has been in declining health and in hospital while in NC. Moved to GA in Jan to live with other daughter. Only asset beside house is SS money. Informed that medicaid can come after house to pay for bills and can be evict...

    Matthew’s Answer

    Medicaid law is state specific so you should consult a local Elder Law attorney. Generally, however, when a house is owned by joint tenants, the state cannot "foreclose" on a medicaid lien and force the joint tenants to sell; the state must wait to collect until the joint tenants wish to sell. In some states, even if the parent on Medicaid owns the house and there are family members who reside in the house, the state may choose to defer the forced sale to pay /satisfy the medicaid lien, until the family members leave. When the state cannot force the sale, it recharacterizes the asset as being an "inaccessible" asset. inaccessible assets do not count towards Medicaid eligibility. Again, call a local Elder Law attorney who can help you.

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  • Can i sue walmart for discrimination of a veteran and for embarrassement?

    Can i sue walmart for discrimination of a veteran and for embarrassement for them stoping me more than once asking for my receipt when they never asked the people in front of me or behind me for theres?"

    Matthew’s Answer

    As other counsel stated, you can always sue, the question becomes "can you win"? The harassment you complain about does not appear to relate to you as a veteran, but merely as a consumer. Moreover, stores can have any "reasonable" security choose any type of questioning/monitoring they want provided that it is not racially biased or based on a protected class (i.e., stopping all African Americans, or stopping all women). If they stopped twice to ask for a receipt, that does not appear to come to the level of harassment.
    Local consumer protection counsel would likely be the best attorney to approach on this, but as described, this does not seem to come up the level of harassment. Call local counsel and ask.

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  • Mother in law passed away in feb 2014, she was on medicaid, her home was paid for, she has a lien for 12,500, for improvements,

    Last week we recieved a letter from Oregon Health stating we owe 25,000 dollars to cover moms medicade, and thier awaiting payment, Can they go after funds from a house that hasnt been sold as of yet, or can they put a lien on this property,

    Matthew’s Answer

    It is likely there is already a lien on the house. State Medicaid depts. generally place liens on houses of either institutional or homecare recipients once payments are granted. The medicaid lien will likely be paid (similar to a mortgage lien) on the sale of the house.

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  • Transfer of power of attorney in CA and WI for 93 year old grandpa.

    my grandpa will be visiting my uncle in CA for 3.5 months. My mom, who has power of attorney for my grandpa, is afraid that my uncle is going to try (again) to get power of attorney over my grandpa's finances while he's out there. What should we...

    Matthew’s Answer

    As a CT not a CA lawyer, I can only opine as to general facts. The concern here should be that a new POA could be drafted (with or without eliminating the old one). You can (and clients often do) have multiple POA's. The easiest way (in CT) to prevent multiple POA's from competing or from having a hidden POA from being quickly drafted and utilized is to have the client apply for a Voluntary Conservatorship in the local Probate Court. Generally, conservatorships cancel out all POA's and then any modification generally has to go through the court. However, the Grandpa will have to agree to it and it adds expense to the matter. Your mother (who appears to be sister of your Uncle) may believe this, but your Grandpa may not, raising other potential issues.
    I would see a local attorney to find out how to handle this.

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