Archived
Medicaid- I put plots on my credit card for folks, if dad reimburses me for the charge, is it medicaid exempt ??
Lawrence's answer
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Answered on February 28, 2014
Theoretically no issue but you have to prove the check was an obligation and not a gift. Certainly easier if dad pays directly or you enter into a...
Archived
My dad is 78 yrs old. A young girl( maybe 32) is crying on his shoulder and he feels sorry for her and is giving her money
Lawrence's answer
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Answered on February 27, 2014
If your dad is competent and a softie or enjoys the girl company, he has the right to give away his money, but if his capacity is questionable,...
Archived
I'm on disability and Medicaid. I hae a 1259.00 a mounth spend down. I owe several medical places. I offered to paw 25.00 a moun
Lawrence's answer
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Answered on February 27, 2014
Of course, creditors can sue a debtor whether or not the debtor is disabled. However, if the debtor has minimal assets, he can consider bankruptcy.
Archived
Will my mother lose Medicaid if I live in her house and I receive a salary (i.e. am I financially responsible for her)?
Lawrence's answer
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Answered on February 27, 2014
Consult a local elder law attorney as your question is very fact based.
Archived
How to protect a owned home when needing to go into assisted living facility? Qualifies for Medicare/Medicaid
Lawrence's answer
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Answered on February 27, 2014
It is an incredibly terrible idea to do any kind of transaction to fund long term care costs unless you first obtain advice from an elder law...
Archived
What are my legal rights?
Background:
I am married to German (does have US citizenship).
Lawrence's answer
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Answered on February 27, 2014
You have no obligation to reply to a request for financial information unless it arises under legal process. Of course, if you don't reply, the...
Archived
I am a caregiver being forced to do something unsafe in order to keep my job. If I say No, can I be evicted?What are my rights?
Lawrence's answer
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Answered on February 27, 2014
Obviously, you shouldn't drive a car that is not street legal but unless you have a contract, I don't see what your two questions have to do with...
Archived
Need advise about parents assets before father go in nursing home.
Lawrence's answer
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Answered on February 27, 2014
Yes it is legal, but most gifts trigger Medicaid penalties. Elder law attorneys often can help families protect assets. See various articles on...
Archived
Can a nursing home sue for money that was given within the 5 year lookback period.
Lawrence's answer
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Answered on February 26, 2014
Yes, in some cases, a nursing home can have a claim if gifts disqualify a resident for Medicaid. However the look back period is only 60 months so...
Archived
Would an attorney be the best resource for guidance on Medicaid Waiver program changes or rights?
Lawrence's answer
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Answered on February 26, 2014
If you want legal guidance, elder law lawyers are a good source.
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