My elderly mom has had psychiatric and medical problems my whole life. As a result, she has been placed in a nursing home and her fees are paid by the state (SSI etc). Because I live 8 hours away in another part of the state, I want to have her t...
If you have legal authority to transfer your mother that will be your best tool. You will have the ability to locate suitable care for her near your home. If you do not have that legal authority through guardianship or other legal documentation you may be relying on the nursing home's collaboration. However, finding a suitable nursing home near you to assist in the process could be helpful in moving things along. You might consult an attorney practicing in Elder Law in your area for adviceSee question
we are concerned that there is something not right
There are several options. If the will has not yet been filed or probate of the will has not yet begun a proceeding to produce the will can be brought in Surrogate's Court. Once the will has been filed or probate has begun the will is public record and available for you to review. Thereafter, you can bring a "discovery" proceeding if you still believe the relative is hiding assets or information. You will need counsel to assist you with these tasks.See question
My question is this."Can Medicaid take the $20000 without his daughters concent.
Medicaid will not "take" the money, but it is likely to disqualify him for benefits so long as the money is in his name. By seeking the advice of an Elder Law Attorney his options can be better explored.See question
I have a term life insurance policy and the sole beneficiary is my spouse. The only asset I own is an IRA which names my spouse as the sole beneficiary. I have no real estate, vehicle or boat. No personal property of any value. Both children a...
A will can set forth your wishes with regard to all of the "other things" that will need to be determined at the time of your death. The assets you name are the assets you have now. Wills, properly drafted, consider what may happen as life goes on. Should you inherit, open a bank account, win the lottery, buy something valuable, etc., your will will explain the manner in which you would like those things taken care of. Your will can also describe your wishes with regard to your "personal property" or stuff and will take into consideration what happens should your wife or beneficiaries pre decease you.See question
Elder law,, my 74 year old mother had her husband ( a retired state trooper) taken out of her home and made to go live with his son even after her and her home were inspected by ny state and said there was no reason he should be removed he was and...
A lot more information is needed in order to assess the situation you are dealing with. New York State may not be the "arbiter" of whether he needs to be removed and what Court is making the determination and why is of paramount importance. If it is a guardianship matter there are many steps involved in what you would be dealing with and you could intervene in any one of them by insuring your mother and/or have appropriate counsel. As other counsel have said, an order of the court can be appealed as well. I would recommend seeking counsel in the practice area involved.See question
My dad was sent to the emergency room on 11/26, he is still there today, 12/02. I received a letter in the mail today saying if he does not return to the nursing home by 12/06 (as per Medicaid rules of a 14 day bed hold. He has used three days pri...
You sounds like a savvy consumer and as if you are paying close attention to your father's financial and medical needs. What you are experiencing is not unusual but can be confusing. The short answer to your question is that YES, generally, the process is that hospital social work will coordinate with the nursing home to arrange an appropriate discharge plan for the patient, in this case, your father. There is a lot of "lingo" and specific language used once one has entered the world of Medicaid, Medicare and insurance coverage. You are experiencing that now. It is possible for your father to "lose his bed" and be discharged from the hospital to another facility from the hospital. You may want to speak to an attorney practicing in Estate and Medicaid planning to assist you in fully understanding what is going on with your Dad's coverage and assets in order to make a plan going forward to avoid this stress should he need to be hospitalized again.
Advise given on this website does not substitute for legal advice, is general in nature and not specific to any client or situation. Nothing posted on this website creates an attorney/client relationship or representation of a client.See question
She will oversee special needs trust for sibling as well as her own discretionary trust providing her with income and right to principal providing she use it for health, education maintenance and support. She lives in Ct. Trust drawn up in NY....
Trusts are complicated documents. State laws vary and it is important to consult skilled counsel knowledgable in each State which might have an impact on the rights of those involved with the Trust. If the only issue regarding Ct. is that the Trustee lives there this is not a major hurdle and the trust can be drafted in the State of the drafters choosing. The key, however, is to work with a skilled Trusts and Estates Attorney who can delve into the questions you are asking about protection, creditors and divorce as they do not have simple answers.See question
Does he need to see an attorney to take a power of attorney away from the son? Does he need an attorney to issue another to his wife?.
Powers of Attorney are revokable at any time. Your husband has the legal right to revoke his POA from his son, on his own at any time. He should do so in writing, certified mail, return receipt so he has proof of mailing and a signature of the receipt. Another power need only be issued if needed. Be aware that your husband's son will still have the present document in his posession and the revocation may need to be used as proof later should his son continue to used the revoked power. If your husband knows where his son has used the document he would be wise to advise anyone who has knowledge of the POA of his revocation of the power as well.See question
Can I get my marriage annulled if my husband was already married
yes, annullment is generally not conditioned upon the length of the marriage, but on other conditions in the individual jurisdiction. If your husband was already married your marriage is unlikely to be valid, in other words, you may not need an annullment. You will want the apprpopriate paperwork. Check with your local jurisdication.See question
The cigarettes were purchased between 2007 and 2008 from a company in New York. The total tax liability, including interest and penalties according to the Arizona Dept. of Revenue is over $3,000.
always check when you receive an online notification such as the one you describe. While it may be legitimate (especially if the taxes being incurred are accurate) you may end up paying an incorrect entity and be responsible for the claim twice. The best ways to check are to call the actual department and ask to reference your case, search the internet for the name of the agency sending the notification and see whether there are any scams related to that agency and be sure to keep copies of any correspondence, dates of communications, names of those with whom you communicate, copies of payments, and send anything you pay by certified mail, return receipt requested so you have a record of any correspondence.See question