A male patient walked in on my mom in the bathroom ,pushed her down and broke her hip
This is actually a question better answers by a local personal injury attorney (as opposed to elder law). Be aware that nursing home litigation is a highly specialized niche within the personal injury umbrella, so make sure you meet with a lawyer who devotes a substantial portion of his/her practice to suing nursing homes.
Generally - the injury has to be substantial in order to justify bringing suit against nursing homes - but, again, consult with a local nursing home litigator.
Good luck.See question
She has been admitted into a hospital and will be going to a rehabilitation facility for care. She may be staying in some facility for permanent care. Will her annuity be used to pay for that care until It has been totally used? It has beneficiari...
It depends on what other assets / income sources she has - how else will the bills be paid?
If she wants to protect her assets, you both should meet with a local elder law attorney. For example - non-compliant annuities can usually be converts into Medicaid-compliant annuities with the right financial guidance.
An elder law attorney who handles Medicaid Planning will review all her income and assets to come up with the best asset-preservation plan.
Best of luck to you.See question
How long does my house have to be in my sons name before a hospital can't put a lean on it? Let's face it most of us are heading down that road sooner or later, I want to leave my house to my sons,not the hospital, are there any other options wher...
As my colleagues have mentioned: this area is fraught with pitfalls. If you ever need nursing home care, and want Medicaid to assist with those bills, you need to be aware of Medicaid's five-year look back period.
No one can predict the future - if you need long-term care before 5-years is up, if you have gifted your home to your son, Medicaid will impose a penalty period based on the value of that home.
There are also tax consequences - mostly for your son (no step up in basis, in-kind income).
If you gift the house to your son, it may be subject to attack by his creditors, what If he gets divorced or has to declare bankruptcy?
Putting the house into an irrevocable trust is worth exploring.
It would be well worth your time to meet with a local elder law attorney to discuss all these matters before proceeding.
Best of luck to you.See question
Do I have to report it to so security and pay taxes
SSDI is not a means-tested program, so you do not need to report this to them (as it won't impact your eligibility the way it would if you were receiving SSI).
As my colleague explained, this is also not income per IRS rules.See question
I believe the only way to protect from Medicaid spend down in the future is for a married couple to get a divorce. because with an irrevocable trust you'd have to set up step children or other persons agreeable to both parties to manage it. If one...
There are a variety of ways you can qualify for Medicaid. You are well advised to set up a consultation with a local elder law attorney who focuses on Medicaid planning.See question
Husband has moved to Fl. permanently recently after selling our primary home in Md. We own the house in Fl. Joint in entirety. Until now it was a vacation home. He has gotten his license in Fl. And wants to homestead at his age of 69. I can not m...
There are two deadlines which must be met in order to benefit from the Homestead Exemption:
1. In order to meet the qualification deadline for the exemption you must be a Florida resident and own and occupy the property as your permanent residence on January 1st of the year you claim the exemption.
2. In order to meet the application deadline you must apply by March 1st of the year for which you are claiming the exemption.
Contact your county property appraiser for more information on how to file.See question
Today there was already an accident and the lane furthest to the right was closed off there was three lanes i got into the lane that was on the left and it was a lane to turn left i put my blinker on as i went to switch in to the middle lane to ge...
Report this to your insurance carrier and let them defend your interests. It shouldn't cost you anything beyond increased insurance premiums.See question
My brother was put in a nursing home for treatment.but he spent the money on new furniture,can they go after the furniture, they wan,t to put him in ,long nursing care.he left the furniture in a will
Regular tangible personal property (such as furniture for the Medicaid recipient) would not be considered countable assets by Medicaid. I would be surprised if MassHealth sought these items in their estate recovery.
Exceptions would be if antique or furniture if extraordinary value were purchased. Another exception would be if the furniture was purchased for someone else to use (then it would be a gift).
The timing of how the money is spent is important (same calendar month as when received). This should be reviewed with a local elder law attorney to make sure Medicaid is not lost and to minimize estate recovery.See question
My son has poa over my mom and my brother has been removed from all of his authority. My brother is stealing my moms social security, not paying the taxes on all the properties she's owns or paying her monthly expenses. We need a lawyer but not su...
You can also call adult protective services and report elder abuse. Read this pamphlet: http://www.calbar.ca.gov/Public/Pamphlets/ElderAbuse.aspxSee question
My wife Uncle & Aunt said they wanted to help us so they offered to get us a vehicle, told them we had no money to pay for a car. No contract was done, now they want the money back, have sent harassing text messages to both more to my wife and sen...
There side or the story will very likely be different than your and if they decide to hire an attorney, you'll be at a disadvantage if you do not do the same.
They may also open up a financial elder abuse investigation. If they gave you their last 10k, it will be easier to insinuate that you took advantage of them as opposed to if they are still financially well off after your gift.
If they really gave you the money while in a lucid/aware state of mind, and are financially well off - without anything in writing, it will be very difficult to prove that the money was not indeed a gift.
I know you would prefer not to hire an attorney. But you may wish to spend a couple hundred dollars for a consultation to review the facts in more detail to provide better advice.See question