Archived
What trust allows me to sell mom's house - use money for her welfare - lives with me (dementia) yet allow her Medicaid benefits?
Kelly's answer
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Answered on January 18, 2014
You have described a situation that would lend itself well to being cured by doing some effective Medicaid planning, but one step that isn't likely...
Archived
Do I need an attorney for protection? Have I done anything wrong?
Kelly's answer
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Answered on January 15, 2014
Frankly, I would be more concerned about someone reporting you, whether rightfully or wrongfully, to Adult Protective Services alleging you...
I would like to complete a DNR and DNI Living WIll.
Kelly's answer
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Answered on January 14, 2014
This is more of an elder law question than you might suspect. Therefore I changed the practice area to that field to get a wider response. An...
Archived
Inheritance received by Medicaid recipient after a period of initial legitimate Medicaid eligibility
Kelly's answer
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Answered on January 14, 2014
Under federal law Medicaid would be entitled to recovery any over payments during the period in which your mother-in-law was ineligible due to...
Archived
My mom is now living with me. How can I protect her house from being taken if she one day she goes into assisted living?
Kelly's answer
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Answered on January 14, 2014
You can locate the experienced elder law attorney you need by using the AVVO Find a Lawyer search tool or by going to the website of the National...
Archived
Paid Caregiver's in Washington State
Kelly's answer
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Answered on January 14, 2014
The IRS has criteria they use in determining whether a person is an employee or an independent contractor. You haven't given us much to go on other...
Archived
If a person has A power of attorney can they take money to apply towards their own personal or children's personal needs.
Kelly's answer
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Answered on January 14, 2014
Generally the agent can't use the POA to enrich themselves. It is self-dealing and a breach of their fiduciary duty, but as Attorney Friedman...
Archived
My mother has had some dementia now for 2 years. I have recently found out that a sister has been taking her to a bank for loans
Kelly's answer
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Answered on January 14, 2014
You haven't indicated how advanced your mother's dementia has become. Just having been diagnosed with dementia is not sufficient in and of itself...
Archived
If I divorce my husband would it protect me from nursing home bills?
Kelly's answer
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Answered on January 13, 2014
Medicaid is a very complex area of the law and you have a very specific situation. You would best be served by consulting with an experienced elder...
Archived
How I can I take legal action against someone repeatedly making false claims?
Kelly's answer
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Answered on January 13, 2014
Eventually APS will get tired of her making false reports and may take action.