Archived
I have a POA for my mother who is under the COPES /Medicaid program and is in an Adult Home for 4 years but still has her home.
Lawrence's answer
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Answered on October 08, 2014
Your plan could be a disaster in the making if mom has or needs Medicaid. It also could knock her off SSI depending on various factors. See a...
Archived
My mother in law is in early stages of dimensa. What paperwork should Dad get in order so that he can take care of any business.
Lawrence's answer
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Answered on October 07, 2014
A POA would be a good start but even better would be consulting a local elder law attorney for individual advice.
Archived
I am in a Nursing home, and of sound mind. I want to sign my part of our house over to my wife of 50 years. She lives in house.
Lawrence's answer
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Answered on October 07, 2014
Nobody in need of long term care ever should make gifts w/o first getting legal advice on the impact on possible Medicaid qualification and other...
Archived
What happens when medicaid places a lean on a house
Lawrence's answer
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Answered on October 07, 2014
Medicaid's claim is against only the Medicaid recipient's property and some property he may have owned previously. Medicaid has no claim against...
Archived
If my elderly mother lives with me, I own the home she pays nothing to stay; do I need a Notice to Quit to force her to leave?
Lawrence's answer
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Answered on October 07, 2014
Your mother may or may not have tenancy rights but in any case, you can be charged with elder abuse if your mother is a vulnerable adult, you kick...
Archived
For workers Comp does the Ic need to draw up an Msa?
Lawrence's answer
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Answered on October 06, 2014
An MSA [Medicare set-aside] has nothing to do with Medicare. Federal law requires a person settling a case to protect Medicare's interests if he...
Archived
I need an elder care attorney I believe, but let me know if you dealt with cases involving incompetance?
Lawrence's answer
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Answered on October 06, 2014
I have handled situations in Middlesex County and vicinity where a parent may be irrational or make decisions against her best interests. Options...
Archived
The grantor and all beneficiaries agree that we would like to amend New Jersey IRREVOCABLE trust
Lawrence's answer
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Answered on October 06, 2014
NJ law does not explicitly allow beneficiaries and grantor to change trustees of an irrevocable trust outside of court. Depending on the trust...
Archived
Trust agreement Article XII: "This trust shall be IRREVOCABLE." Does INITIAL funding of irrevocable trust constitute a gift to
Lawrence's answer
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Answered on October 06, 2014
Funding of an irrevocable trust usually but not always constitutes a tax gift. There are many cases and rulings regarding Crummey powers and the...
Archived
Which benefits are subject of financial recovery program in WA state?
Lawrence's answer
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Answered on October 04, 2014
The ONLY way to get an answer to your questions on which you can rely is to consult a lawyer individually who can go over the various programs with...
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