Archived
Can my mother move from a Maryland nursing home to Indiana with an 11,000.00 bill in appeal with Medicaid without penalty?
Kelly's answer
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Answered on March 13, 2013
You need to consult with an elder law attorney in Maryland so he/she can review your documents and determine what happened. You mentioned cashing...
Archived
Do I have to pay for medical attention I refused and obtained against my will?
Kelly's answer
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Answered on March 12, 2013
I changed the practice area from elder law to debt collection in hope that you might get an answer from someone who practices in that area of the...
Who decides whether someone is competent or mentally capable of making their own decisions. In Calif.?
Kelly's answer
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Answered on March 12, 2013
Keep in mind that a doctor's statement, while it has weight is a medical and not a legal determination. Often the standard to trigger the POA is...
Archived
What are the consequences of a blocked account? Does a court order have to be obtained each time money is withdrawn?
Kelly's answer
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Answered on March 12, 2013
We don't have the court order in front of us, but usually a restricted account requires a court order to access. It would be best if you contacted...
Is a feeding tube against a living will if states he authorizes the removal of artificial nutrients to keep him alive?
Kelly's answer
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Answered on March 12, 2013
I have redirected you question to "elder law" as a living will is not a topic addressed by a will. As Attorney Zelinger points out, this is both a...
For a partial month stay at a nursing home, do I have to pay NAMI, the full daily rate, or the lesser of the two?
Kelly's answer
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Answered on March 12, 2013
You indicate that you already have an attorney who does Medicaid planning. That attorney is familiar with the case. I suggest you follow his/her...
Archived
Elderly parent, with no durable POA/will/medical POA needs long term care in AZ . His only family is in MI. Where do we begin
Kelly's answer
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Answered on March 12, 2013
Since dad has no family or friends in Arizona, you might want to contact the office of the Miracopa County Public Fiduciary/Guardian at...
Archived
Is it possible to be the Power of Attorney without probating a will?
Kelly's answer
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Answered on March 11, 2013
No. A power of attorney is for the living. It ceases to be effective upon death. There are short form probate administrations that may be available...
Archived
Does a family member have the authority to put their mother with early stage Alzheimers in Assisted Living against her wishes?
Kelly's answer
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Answered on March 11, 2013
The only way to force a person into an Assisted Living Facility against their will is to get a court ordered guardianship/conservatorship. Since...
Archived
How do I know if my dad left my anything before he died?
Kelly's answer
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Answered on March 11, 2013
Before you make a trip to check the probate court records, you might try calling first to see if the clerk will tell you whether they have a file.