Archived
After having my mother-in-law committed to a state hospital, can I be charged with elderly abandonment
Lawrence's answer
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Answered on December 13, 2012
If you didn't do anything wrong (like lie or commit fraud) in the commitment process, you would not be committing elder abuse. If you had your MIL...
Reverse Rule of Halves (Institutional Medicaid Planning)
Lawrence's answer
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Answered on December 12, 2012
I have information regarding Medicaid planning [MP} on my website but MP is NOT, NOT, NOT a DIY project. It's wayy too easy to screw up to try it...
Archived
What is the legal liability of a guardian for an elderly person that has been deemed medically and financially incompetent?
Lawrence's answer
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Answered on December 12, 2012
Maybe, but ususally not. A guardian is responsible to see to the reasonable health and safety of the ward. If it was reasonable to place the ward...
Is estate recovery in PA something you sign for, or is it automatic when receiving Medicaid benefits?
Lawrence's answer
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Answered on December 12, 2012
Your sister has no obligation to provide information unless she is personal representative of GM's estate but PA Medicaid is entitled to the...
My 80 year old father was tricked into signing a quit claim deed by his step daughter. Can this be challenged?
Lawrence's answer
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Answered on December 11, 2012
Maybe. A deed procured through fraud or from a person who lacked capacity may be subject to challenge whereas a bad deal deed probably can't be...
Archived
Once approved for Medicaid, can you sell the home and divide proceeds (basically executing the will)?
Lawrence's answer
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Answered on December 11, 2012
You should consult an NC elder law attorney to see if there are any special NC rules but generally sale of a home must be reported to Medicaid and...
Archived
Does being denied short term disability mean you would automatically be denied long term if you are still under doctors care?
Lawrence's answer
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Answered on December 10, 2012
The short answer is that a person who isn't disabled for short term disability likely isn't disabled for long term disability either BUT the fact...
Can a nursing home take your home in ohio
Lawrence's answer
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Answered on December 10, 2012
A nursing home can't take an individual's home unless, perhaps, there is some sort of breach of contract. If one spouse needs nursing home care...
Can I charge my mom rent if we move her in our home
Lawrence's answer
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Answered on December 10, 2012
Provided you are not committing elder abuse by charging to much, you can charge your mother rent. The rent should be fair in light of the care...
Archived
If a person is on nursing home Medicaid in MI does MI have any say in what they can sell their home for while still living?
Lawrence's answer
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Answered on December 10, 2012
So long as the house sells for a reasonable amount in light of the market and isn't a disguised gift, Medicaid should not object to the sale price....
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