Archived
What's the best way to transfer a home to a child, to protect it from having liens applied against it for Medicaid purposes?
Lawrence's answer
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Answered on April 16, 2014
There are two (and only two) ways to learn enough about elder law to plan for your mom's long term care, eventual Medicaid, and tax limitation. I...
Archived
If person holding power of attorney adds name to parent's bank account and parent goes to nursing home, is person liable to pay?
Lawrence's answer
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Answered on April 16, 2014
A child who is POA or co-owner on a joint account doesn't automatically have personal liability for a parent's nursing home and other bills but...
Archived
How can I put my mothers house in my name? House is in mom and dads name, dad is deaceased. I live with my mother.
Lawrence's answer
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Answered on April 15, 2014
The best way to handle it is to consult a lawyer with elder law and real estate experience.
Do I need to consult elder care or tax attorney, or both?
Lawrence's answer
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Answered on April 15, 2014
I would look for an elder law attorney with a tax background. Many elder law attorneys have LL.M. in taxation degrees, which an advanced tax law...
Archived
Is there any way to help protect others. A company took advantage of an elderly grandfather. Any way to punish the company?
Lawrence's answer
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Answered on April 14, 2014
I don't see where the store did anything wrong. If your grandfather reasonably appeared to have capacity, the store would act properly if it...
Archived
Is the irs supposed to exercise the power to garnish 2/3 of my disabled father's social security benefits?
Lawrence's answer
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Answered on April 14, 2014
If your dad has an IRS debt, IRS can collect against SS. However, sometimes IRS debts can be reduced when working with a tax lawyer or CPA.
Archived
How do I gain power of attorney over an elderly family member that unexpectedly has become incapacitated?
Lawrence's answer
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Answered on April 14, 2014
You don't. Power of attorney must be obtained while a person still has moderate capacity. Once a person lacks capacity, guardianship is needed...
Is there the law in Oregon which would protect me from multiple checks from adult protective services due to false calls?
Lawrence's answer
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Answered on April 14, 2014
Knowing false complaints to APS are both criminal and give rise to civil liability. Complaints to APS that are made in a good faith (but false)...
Archived
If I'm on a fixed income and have Medicare and Medicaid, is it necessary to purchase Medical Payments on my auto insurance?
Lawrence's answer
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Answered on April 14, 2014
While it may not be a requirement, it could be a desirable option depending on your circumstances and whether your preferred doctors will accept...
Archived
When is the appropriate time to seek legal advice as my mother might be going into assisted living?
Lawrence's answer
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Answered on April 14, 2014
First off NJ Medicaid doesn't cover assisted living in some cases so you really should consult an elder law attorney now to see if your mom can...
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