My mother is in a nursing home and has a pending medicaide application. How can I prevent my brother from withdrawing $.
Kelly's answer
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Answered on October 01, 2013
Since he had your mother's POA, he had access to the money. (I am assuming it is a POA to handle her finances.) It really depends upon what he used...
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Can a poa use CDs made pod to them? Prior to the death of the parent
Kelly's answer
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Answered on September 30, 2013
It is OK to use the CD to pay for your grandmother's needs. That may include improving real estate if authorized under the POA. It may not be OK...
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I am trying to get information on how to file an objection on a certain individual who filed for guardian of an disabled elderly
Kelly's answer
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Answered on September 30, 2013
Obviously you care enough about your mother to post a question on AVVO. Unfortunately, what you need now is an attorney to step in and present your...
If I am on medicaid and I receive and inheritance will medicaid take the inheritance for past services they have paid?
Kelly's answer
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Answered on September 30, 2013
No, they won't take it, but as you are aware, the inheritance will render you ineligibile for Medicaid.With a little bit of planning, however, it...
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If a person is ill but their spouse is still alive, can the ill persons child gain POA if the spouse is still able to care?
Kelly's answer
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Answered on September 30, 2013
One doesn't gain or get a POA over someone. It has to be given and that person giving it has to be competent. What a person can gain or get is a...
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My mom made me power of attorney how do I start using it?
Kelly's answer
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Answered on September 29, 2013
Whether you need something written up by a doctor or not depends upon when the POA says it is effective. If immediate, then you don't need a...
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Can claim be filed against Dept of Social Services if Licensing agent turns blind eye to elder abuse for financial gain?
Kelly's answer
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Answered on September 29, 2013
I don't see from your fact statement where you personally have a cause of action, regardless of the statute of limitations. That doesn't mean that...
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My Mother signed a document stating she will not take her inheritance from her Father before he passed away.
Kelly's answer
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Answered on September 29, 2013
The validity of disclaimers are very fact specific. Was she given any consideration (payment) in exchange for giving up her inheritance? Did she...
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In Texas, is a Last will and Testament written in a persons own handwriting as valid as an Attorneys $200.00 Last Will ?
Kelly's answer
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Answered on September 29, 2013
Have a lawyer draft your Will is cheap, even at twice the price, when compared to fixing the problems you can create by trying to write your own...
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Elder Law : Is there a penalty if one doesn't notify the Dept of Health Services after someone receiving Medical has passed?
Kelly's answer
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Answered on September 29, 2013
Are you asking about criminal penalties for fraudulantly receiving payments for Medical services after a person dies?