Archived
If I move from living with an elderly father in need of medical and mental help can I get in trouble or blamed for abandonment?
Lawrence's answer
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Answered on October 27, 2013
You could be committing an offense if you simply move out and leave your dad in a vulnerable situation. More importantly, you probably want to...
Archived
Pa and Nj nursing home 5 year lookback. Wife & I both received $10,000 from her cousin in feb 09. Can nursing take money back?
Lawrence's answer
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Answered on October 27, 2013
A nursing home cannot make a donee who did nothing wrong return a gift. However, most gifts within the look back period trigger Medicaid...
Archived
What to do if accused of financial elder abuse by adult protective services
Lawrence's answer
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Answered on October 24, 2013
Contact a criminal law attorney if APS is turning things over to the police.
Archived
DPOA of Mother who is 92 years old - Still in her right mind. She wants to buy a condo - is that possible?
Lawrence's answer
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Answered on October 23, 2013
A competent person certainly has the right to buy a condo and have a child live with her. A child who obtains financial benefits through undue...
Archived
Can i file pro se for mediation on my incapacitated father's behalf as power of attorney?
Lawrence's answer
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Answered on October 23, 2013
An agent under power or attorney should have the right to pursue the principal's legal rights if so provided in the poa.
Archived
How can I receive medi-cal benefits for myself, without filing for child support?
Lawrence's answer
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Answered on October 23, 2013
There is no requirement to file for child support in order for a mother to obtain Medicaid on her own account. However, if the mother won't access...
Is it legal for a hospital to take my father off life support with out my consent?
Lawrence's answer
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Answered on October 23, 2013
The short answer is maybe. A hospital may or may not require permission of one or more family members or even a court to terminate life support. ...
Archived
Can a surviving spouse downsize to a smaller house before Medicaid is paid back?
Lawrence's answer
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Answered on October 23, 2013
Federal law prohibits recovery of properly paid Medicaid while a deceased Medicaid recipient has a living spouse [except in limited TEFRA lien...
Selected as the best answer
Archived
Is there more than one Medicaid "penalty divisor" (besides the approx. $7,500.00 divisor) for transfers less than FMV?
Lawrence's answer
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Answered on October 21, 2013
There is one penalty divisor, approximately $7,800 per month. All not exempt gifts by Medicaid applicant/recipient or spouse within the lookback...
Archived
My mother has not filed guardianship reports for 5 years over my incapacitated brother. How do I investigate financial abuse?
Lawrence's answer
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Answered on October 21, 2013
You don't. Since your mother is guardian, you have no investigative powers. However, you can make a referral to adult protective services and/or...
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