Questions answered by David L. Carrier

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Will my mom qualify for Medicaid and other Elder care questions.

David's answer | Answered on March 23, 2015

Please read it all. Q: Should her home remain in her name? A: Yes. Q: Should we start gifting money to ourselves? A: No. Q: My sister is...

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My mother passed away and my brother and sister inlaw are in the deeds name do all my brothers and sisters have rights to the ho

David's answer | Answered on March 22, 2015

Mom deeded house to brother and sister in law? You are out of luck, Chuck... Brother wants others to sign off to avoid possible future problems,...

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Do I need an estate account?

David's answer | Answered on March 22, 2015

The order should be all you need to cash the check and distribute the proceeds.

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Medical power of attorney question.

David's answer | Answered on March 22, 2015

You really need to consult with an elder law attorney because one option you have is to keep your mom in the "system" until she's on the Medicaid....

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Is this consider Abuse or stealing

David's answer | Answered on March 22, 2015

If your representative payee is using your money to buy stuff that you do not want or need in order to obtain a financial benefit for a third...

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I have a client who the CA Department of Health Care Services is pursuing Medi-Cal (Medicaid) estate recovery against.

David's answer | Answered on March 22, 2015

Don't know much about California, but that sounds right for Michigan... you have no bargaining power and they've got all the time in the world...

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3 years ago in Alabama, mom gave me her 25% of her home reserving her a life estate...can nursing home take the home?

David's answer | Answered on March 22, 2015

You've got some countable divestments there... so most likely Medicaid will deny the nursing home will sue and your family will lose. Talk to an...

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Is this Medicaid fraud when someone apply for Medicaid using someone name and birthdate; but with another person's ss#.

David's answer | Answered on March 22, 2015

Fraud is when you lie on purpose with intent to deceive, whether you actually get any benefits. This sounds like a bone-head mistake rather than a...

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Can I kick this person out my moms house?

David's answer | Answered on March 22, 2015

Unfortunately you can't just put their junk on the sidewalk and change the locks - the law frowns on such "self help" measures... so call your...

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If a person worked as a caregiver (livein) for the family not an agency what are the laws regarding pay? Is it required the

David's answer | Answered on March 22, 2015

There are two areas of local law that must be addressed: Labor Law and Medicaid Law (and don't forget federal state and local tax law!). You can...

David L. Carrier's Answers (6120)

Will my mom qualify for Medicaid and other Elder care questions.

My mother passed away and my brother and sister inlaw are in the deeds name do all my brothers and sisters have rights to the ho

Do I need an estate account?

Medical power of attorney question.

Is this consider Abuse or stealing

I have a client who the CA Department of Health Care Services is pursuing Medi-Cal (Medicaid) estate recovery against.

3 years ago in Alabama, mom gave me her 25% of her home reserving her a life estate...can nursing home take the home?

Is this Medicaid fraud when someone apply for Medicaid using someone name and birthdate; but with another person's ss#.

Can I kick this person out my moms house?

If a person worked as a caregiver (livein) for the family not an agency what are the laws regarding pay? Is it required the