What is the difference between a power of attorney and a head of estate?

A Power of Attorney is a document whereby a principal appoints an agent to act on her behalf. The power is only valid during the lifetime of the...

How can we force a nursing home to follow the law without going to court?

This is a very difficult situation. First, the POwer of Attorney does not give any authority to make health care decisions. The Health Care Proxy...

A joint account holder generally means either owner has complete access to the account. Beware, there are different types of accounts which give...

A resident living in a Nursing Home long term has Dementia and the son who is POA & HCP is spending her money on himself

An agent has a "fiduciary" duty to the principal. Sounds like he breached that obligation and should be accountable. If the principal is...

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A vehicle purchased with snt trust funds

An accounting for a Supplemental Needs Trust requires current fair market value. For a motor vehicle, you should be able to easily lookup the...

MY MOTHER IN LAW HAD A PAPER DRAWN UP STATING THAT SHE AND I WILL MAKE MEDICAL DECISIONS FOR HER SON (I AM WIFE) IS THAT LEGAL?

In New York, any adult can sign a Health Care Proxy, which must be signed in front of 2 disinterested witnesses. If your husband signed this...

Am I entitled to a portion of my ex-husbands social security after 23 years of marriage? If so, will I lose my earned benefits?

Susan is correct. Social Security law is federal and not specific to NY. Even thought your New York divorce decree did not specify, under SS law,...

Before i have to put my mother in to a elderly care facility can she make a one time gift of monies to one of her children

While there is a 5-year look back on transfers of assets without adequate compensation, there are also methods for planning so that the penalty can...

Moms in mnursing home and collects ss and medicaid shes 71...does medicaid take that money?

I understand the facts to be: mother is in a nursing home, Medicaid is contributing toward her monthly cost of care, and her income is Social...

In most states, disclaiming an inheritance will not be recognized by Medicaid as valid. Accordingly, the local Medicaid office will deem the...