Archived
Was asked to care for an elderly man in his home. He clearly can't care for himself. Should I contact social services?
Kelly's answer
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Answered on January 25, 2014
As a mandatory reporter, why would you want to assume liability by not reporting the matter to the agency that deals with Adult Protective Services...
Archived
Do I need to go to a lawyer again to update my Last Will and Testament with only names and ad?dresses
Kelly's answer
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Answered on January 24, 2014
You may only see a couple of changes that need to be made, but a lawyer, having the training and education you lack, will probably see a lot more. ...
Archived
How does my mother make arrangements to keep a nursing home from taking her property in future?
Kelly's answer
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Answered on January 23, 2014
You need to run to see an elder law attorney experienced in doing Medicaid planning. There are probably several things that might be done to...
Archived
Will paying family members for nursing care trigger Medicaid transfer penalty?
Kelly's answer
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Answered on January 23, 2014
It can create a problem. There is generally presumption that such payments to a family member are gifts unless there is evidence to the contrary....
Archived
At age 60 still makes sense to buy a house if Medicaid takes it away per lien anyway before I get aid someday? keep renting?
Kelly's answer
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Answered on January 22, 2014
Just keep two things in mind. 1. Medicaid planning is a very complex area of the law and because no two families are alike, no two Medicaid plans...
Archived
My mother is in a nursing home and has been declared incompetant by them. Who must be notifed?
Kelly's answer
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Answered on January 22, 2014
I would only add to Larry and Drew's excellent advice that it may be a HIPAA violation to disclose her mental status to family members. The right...
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Archived
When you meet with a Eldercare atty. I know you have to disclose all your assets. But do you also have to disclose all your owe
Kelly's answer
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Answered on January 22, 2014
Why would you not want to provide the attorney with all the information needed to to the job? I assume you are thinking of doing some Medicaid or...
Archived
Where is jurisdiction for elderly guardianship when 3 states are involved?
Kelly's answer
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Answered on January 22, 2014
Usually the venue is the state in which the proposed ward is present. For now that would be NY. Many states have adopted the Uniform Adult...
Archived
Can a power of attorney be taken away from the current caregiver by the children of patient?
Kelly's answer
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Answered on January 22, 2014
No, the power of attorney can't be taken away or revoked by the children, only your grandfather can do that. If you think he is incompetent,...
Archived
My 85 year y/o mom, minimal income. Home equity about to be tied up by one swindling brother, elder abuse, exploitation?
Kelly's answer
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Answered on January 22, 2014
At least in my opinion your posting doesn't demonstrate a case of financial exploitation by your brother yet, but that doesn't mean that it won't...