Archived
In medicaid divorce, could it be considered abandonment if mentally capable spouse takes 1mil & leaves the dementia spouse 700k?
David's answer
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Answered on July 06, 2014
Hie thee to an elder law attorney. Divorce may be an option in some cases, but it's hardly the best option and usually the worst.
Archived
Name Adult Child as IRA Beneficiary to "Use" Oregon $1 Million Estate Tax Exemption of First-to-Die Spouse?
David's answer
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Answered on July 06, 2014
This is one of those situations where everything sounds like it could come together just as you describe... the problem is that life does not...
Archived
My husband passed away one of his creditors has a lien on our property. How do I get rid of this and take his name off the prope
David's answer
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Answered on July 06, 2014
The lien has priority over the idea that "it is to go to" our children. When your husband borrowed the money, he agreed that the land would stand...
Archived
Who do I have to wait for everyone to sign out that they have received their inheritance in my mother's will?
David's answer
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Answered on July 06, 2014
The PR doesn't want to get sued by the beneficiaries and have no money left. So the PR gets everyone to agree that all is hunky-dory before...
Archived
If somebody gets guardianship over somebody who has been incapacitated does it cancel a Durable Power of Attorney?
David's answer
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Answered on July 06, 2014
In granting the guardianship, the judge will usually void the power of attorney. Powers of attorney are legal documents that are strictly construed...
Archived
I have a Durable POA stating it stays in effect if incapacitated.Can a guardian revoke my DPOA?
David's answer
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Answered on July 06, 2014
"Moot" means that the probate court judge will set aside your durable power of attorney if he/she decides that a guardianship is appropriate for...
Archived
Can you have a legal guardian for S01 Medical Coverage?
If so, are you cash eligible? What is the status?
David's answer
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Answered on July 06, 2014
Guardianship determines who gets to make the decisions, not eligibility for benefits. An Elder Law attorney can advise you on both.
Archived
Can you have a legal guardian for S01 Medical Coverage?
Would you be cash eligible?
David's answer
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Answered on July 06, 2014
Guardianship determines who gets to make the decisions, not eligibility for benefits. An Elder Law attorney can advise you on both.
Archived
As guardian can I place mom in a home if sister is the agent for the Maine health care advance directive?
David's answer
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Answered on July 06, 2014
Guardian trumps power of attorney for health care and, in granting the guardianship, I'd be surprised that the judge didn't make the...
Archived
Dad had dementia & 1.8 mil. in assets & was getting a medicaid divorce. He is dead now, is it medicaid fraud? (Fight w/step mom)
David's answer
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Answered on July 06, 2014
OH what a tangled web we weave when first we practice to deceive!
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