Skip to main content
Lawrence A Friedman

Lawrence Friedman’s Answers

2,253 total


  • What if person in nursing home dies before Medicaid application goes through

    My mother just died. I am to get a check tomorrow for a spend down so we can apply to Medicaid but my mom died tonight.do I still need do the spend down

    Lawrence’s Answer

    Depends. If your mom met Medicaid eligibility requirements before she dies, her estate or heirs can seek retroactive eligibility to cover pre-death costs.

    See question 
  • What can i do i feel this is against my rights

    i was going to a out patient program where i use to see a one one therapist and a one on one phys now last week i had a mental breakdown in my house and was in the hospital for a week when i got out i tried to go back to my outpatient program fo...

    Lawrence’s Answer

    Unless you would pay the cost yourself, you have to follow insurance or program rules for tareatment to be covered.

    See question 
  • Would this be considered coercion, is this document considered legal, and how should it be handled?

    My mother made her Will in year 2000 and made me (her oldest daughter) the Administrator and my brother alternative, if I predecease me. I filed original her Will with the County's Registry in 2012 to insure safe keeping. Since then, my mother wa...

    Lawrence’s Answer

    The short answer is that so long as the codicil is written and executed properly it is valid unless successfully challenged in court. You need a local estate lawyer.

    See question 
  • There must be laws governing treatment of the elderly with dementia after admittance to a hospital. Is there a summary online?

    An elderly relative with dementia was in the hospital for observation after sustaining a mild head injury. She became agitated (or staff did); She was vocal, not physical, but staff injected her with halperidol. It had a paradoxical effect; she be...

    Lawrence’s Answer

    Laws governing hospitals would mostly would be state specific. Drugs restraints, etc. can be used or abused depending on facts. Your questions are too fact sensitive to answer on Avvo.

    See question 
  • What do I do to keep my money because I can't afford to give it back? thanks

    my mom is in a nursing home,she has been holding 70,000. in a merril lynch account for me for about 14 years, my sister just took it out for me because she has power of attorney and they are going to take her assitts to pay for it. On the monthly...

    Lawrence’s Answer

    You MAY have grounds to keep the money but not necessarily. Can you prove YOUR money funded the account? You need an elder law attorney but that will cost in the thousands even if you are not successful.

    See question 
  • Can I file a lawsuit against those involved?

    My uncle has been declared half incapacitated of person, and fully on fudiciary. A guardianship has been appointed, as well deemed successor trustee. I feel as though they have financially exploited him as well as neglected to maintain his standar...

    Lawrence’s Answer

    Your question is highly dependent on the facts. You need advice from a local lawyer who rreviews the relevant facts.

    See question 
  • What do elder law lawyers charge an hour and what do they charge for dealing with my brother

    My mother is an 89 yrs old she wants to sell her house but my younger brother is name is also on the house and he won't let her sell it and he won't buy her out. His name has been on the house for about five yrs or more what are my mothers options

    Lawrence’s Answer

    Whatever the lawyer wants within reason. Typical fees are in the hundreds per hour.

    See question 
  • 1. Will she get medicaid for low income even though her health is ok? 2. Will state apply penalty for possible nursing home?

    Hi This situation is about NJ medicaid. My mother-in-law is turning 65. She will have medicare. Her health is ok. Her monthly income is less than $900 / month. She has some money in 401K. She will gift the money to her children. Then she will a...

    Lawrence’s Answer

    Do it yourself Medicaid planning is very risky and it sounds like you have some misconceptions at least re gift penalties. Gifts within look back trigger penalties for MLTSS and nursing facility level Medicaid but penalties may not apply to some other kinds of Medicaid. It would be worth spending $1,000 +/- to consult elder law attorneys and do it right.

    See question 
  • How do I get a lawyer for my own personal garden and financial stability?

    I am a 42yr old that is awarded to the state not by my choose and I would like to be my own garden again and financial planning back to me.

    Lawrence’s Answer

    Consult a special needs or elder law attorney with expertise in guardianships.

    See question 
  • How do we get the house in our name ? Mom said she will sign it over or sell it to us for a $1 but she is in a nursing home.

    My wife and I have been married since 94 and have lived with her mother ever since. My wifes mother devoiced dad and we stayed to help her along. We have spent thousands on the house to raise our 3 children, split the utilities and help pay the ta...

    Lawrence’s Answer

    It's not necessarily a good move to transfer the house. Consult an elder law attorney for the ins and outs. So long as mom is competent, she can sign a deed in a nursing home if that makes sense.

    See question