The threshold for the mental capacity needed to execute documents varies by document. Stroke victims are certainly capable of understanding the...

My sister is power of attorney for my mother but wants to give it to my brother..

In the situation you describe, your mother is the "principal" and your sister is the "agent" or "attorney-in-fact". Only a principal can appoint...

If I put my house in a living trust, can I be required to sell it to pay nursing home expenses? Thanks!

Let me congratulate you for thinking in advance about how you will be funding your long term care in the future. Only in irrevocable trust that is...

How can I set up a will or living will?

I recommend seeing an experienced elder law attorney who can discuss with you the choices you have under an advanced directive/living will and to...

Can a power of attorney keep you in a nursing home?

I see you are located in Illinois. Unfortunately, as an Elder Law & Life Care Planning attorney, I have seen facilities defer to the wishes of the...

Do I need a durable power of attorney and a living will? Why?

Powers of attorney are critical documents, and in my opinion, are more important than your Will because the powers of attorney are documents that...

How do you get power of attorney changed?

Based on the information you presented, I would tread carefully here and hire a competent elder law attorney who has extensive experience in...

What are the options to sell the house without being penalized by Medicaid?

It is likely that the titling of the home made it a non-countable resource for Medicaid eligibility. You didn't indicate if the home was mom's...

I am sorry to hear about your family situation. Your father does not have any ground to control visitors unless he was acting in his capacity as...

A health care agent under a Health Care Power of Attorney can restrict visitors of a principal who is unable to manage her own healthcare. However...