Archived
Is it possible to "legally exempt" an assisted living facility in NH from "liability"? Mom has a history of attempted suicides.
Lawrence's answer
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Answered on January 22, 2013
Some states don't allow a facility to avoid liability for its own negligence by contract. A facility can discharge a resident who is a danger to...
Archived
My Dad married a woman at age 82, they have a pre nup and no community property. Is my Dad responsible for her medical bills .
Lawrence's answer
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Answered on January 22, 2013
In many states spouses are responsible for one another's necessities like medical bills regardless of pre nup. Spouses' assets count against one...
Archived
Can i sell the house deeded to me & mom as Joint tenants with right to survivorship while mom is still in nursing home?
Lawrence's answer
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Answered on January 22, 2013
Yes if you have a suitable power of attorney and your mother is ok with the sale or lacks capacity, you have legal ability to sell the joint home. ...
Archived
Do I need a lawyer to help me make application for my parents for Medicaid. Does $5000.00 sound like a fair charge?
Lawrence's answer
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Answered on January 22, 2013
The fact that you are asking such a question illustrates why you desperately need a lawyer. Unless your parents want to spend down all their money...
Archived
I am a home care company in South caroilina and would like to know the live ins laws for our caregivers
Lawrence's answer
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Answered on January 22, 2013
You need a personal consult with both a lawyer familiar with SC employment law and a CPA. License requirements cover whether a caregiver can give...
Archived
My elderly mother (91) wants to keep her house till after she dies . Her power of attorney wants
to sell it now.
Lawrence's answer
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Answered on January 21, 2013
So long as your mother has capacity it is up to your mother rather than the POA agent whether to sell the house. That being said whether it is...
Archived
Can a POA be challenged if it was drafted without the immediate family knowledge?
Lawrence's answer
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Answered on January 21, 2013
I don't think your uncle personally has any rights. However, the grandfather may have claims for inappropriate actions, undue influence, and the...
Archived
Do I need to establish a Special Needs Trust for funds raised for a surgery that my disabled
adult daughter needs?
Lawrence's answer
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Answered on January 21, 2013
Depends on the purpose of the funds, the kind of government benefits your daughter receives, and tax concerns. If money is given to your daughter...
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What are my rights as a caregiver in an estate issue
Lawrence's answer
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Answered on January 21, 2013
I think my colleagues are too harsh. If the decedent promised to give/leave you his house in exchange for taking care of him, you MAY have a...
Archived
Inheriting large sum of money and what to keep and use for home purchase and credit card bills and still keep Medicaid programs
Lawrence's answer
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Answered on January 19, 2013
Since Medicaid has income and resource limit a large inheritance will disqualify the heir for Medicaid unless the heir works with an elder law...
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