Archived
I have heard that I am to receive $4250 in arrears, is this amount to be counted against my housing, Food Stamps, Medicaid etc.?
Kelly's answer
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Answered on May 28, 2013
It will be treated as excess income for SSI/Medicaid in the month received and will be an excess asset on the first day of the month following...
Archived
My mother is 76, anorexic after getting to a weight she hadn't seen in decades, of sound mind basically. Can I be held liable?
Kelly's answer
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Answered on May 28, 2013
You can't force her to eat if she doesn't want to and is competent enough to understand the possible consequences of her actions. That said, even...
Archived
How do I protect elderly parent from another family member who is stealing from him?
Kelly's answer
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Answered on May 28, 2013
If you report the matter to Adult Protective Services, they will investigate. If you father is incompetent or if theft is involved, it may come to...
Archived
A qualified conservator in Virginia refuses to spend my mother's SSI on her. What is our recourse ?
Kelly's answer
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Answered on May 28, 2013
As Attorney Friedman points out there are two different issues involved. The Representative Payee is subject to the jurisdiction of the Social...
Archived
Who pay's the bills when the elder person has no money
Kelly's answer
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Answered on May 28, 2013
I suspect that there may be more to this story than just a senior having credit card debt. Bankruptcy is an option, but I would suggest a trip to...
Archived
Need title 19 for 95 yr old mother. Sold her house in 2009. 88,000.00 that money has
been spent. 1253.00 a mo. SS. Qualify?
Kelly's answer
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Answered on May 26, 2013
As has been pointed out by my colleagues, it is not that the money was spent or that you invested in land that matters. It is how and upon whom the...
Archived
How long do I have to be a resident of Colorado (El Paso County) before I am eligible to receive Colorado Medicaid?
Kelly's answer
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Answered on May 26, 2013
As soon as you are living in Colorado and intend it to be your residence, that requirement is satisfied. But that is not the only eligibility...
Archived
If a joint living trust is made and one spouse dies, can the living spouse revoke the original trust?
Kelly's answer
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Answered on May 26, 2013
It really depends on the language in the trust agreement. Sometimes the whole trust and be amended or revoked, sometimes only that portion of the...
Archived
Father suddenly mentally incapacitated with property in life trust to me. How can I get title to the property?
Kelly's answer
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Answered on May 24, 2013
The best thing you can do for your father and yourself is get with an elder law attorney who is experienced with Medi-Cal rules. The worst thing...
Archived
My mom was put in a nursing home to let an ulcer heal on her foot, while she was in there her stump broke down.
Kelly's answer
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Answered on May 24, 2013
I agree with the advice given by my colleagues. In the meantime you may wish to contact the Senior Ombudsman. If you report your mother's care to...