Archived
Is it illegal for someone to take their 79 year old grandmother to the bank and have his name added and mine taken off accts.
Lawrence's answer
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Answered on July 18, 2014
No it isn't illegal, per se. It is illegal to force a change in an account through fraud, duress, undue influence or other wrong doing and a...
Archived
Receiving downwinders settlement and losing medicaid
Lawrence's answer
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Answered on July 16, 2014
Until they drop their resources back to Medicaid limits. Medicare doesn't base eligibility on finances.
Archived
What type of attorney does a home health agency need to help with a complaint related to paying back monies to medicaid
Lawrence's answer
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Answered on July 16, 2014
A lawyer how understands Medicaid billing requirements. Could be employment law, health law, or elder law.
Archived
My niece is stealing from her father who was not in his right mind when she was made executor of his estate he gets $6000.00
Lawrence's answer
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Answered on July 16, 2014
Your niece isn't stealing if she has here father's consent unless her dad lacks capacity in which case you can report to APS.
Archived
I kept my elderly mom til mar '14 when I had a car wreck and became unable. My brother has her now and will not let me see her.
Lawrence's answer
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Answered on July 16, 2014
You have absolutely no right to enter our brother's property unless you have court granted authority, but by the same token your brother has no...
Archived
How do I stop my sister which is the conservator which is taking advantage of our 84 yr old mother which has dementia.
Lawrence's answer
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Answered on July 15, 2014
A local elder law attorney can lay out your options, which probably would involve filing a motion with the conservatorship court, reporting to...
Archived
A very close friend had to be hospitalized after becoming confused and disorientated from infection and diabetes. What is best?
Lawrence's answer
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Answered on July 15, 2014
An elder law attorney and geriatric care manager working together could advise what would be needed to live at home with supports and whether it's...
Once you have been sanctioned by DSS, how long will it last.
Lawrence's answer
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Answered on July 15, 2014
The penalty period depends on the amount transferred and should be stated on the Medicaid decision notice.
Archived
Would a conservator be responsible for bad purchase made for there clients ?
Lawrence's answer
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Answered on July 15, 2014
A conservator is liable for purchases that are in bad faith, beyond his powers, or not reasonable. A conservator isn't liable for making a deal...
Is filling in the remaining part of a signed but otherwise blank check an action under power of attorney by an agent?
Lawrence's answer
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Answered on July 14, 2014
The actions were totally legal if done with your mom's agreement or contemplated under the POA terms. Otherwise they may be problematic. Depends...
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