Guides for families caring for someone they love

Practical answers on care options, costs, legal planning and daily support.
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(ADVERT) ElderCareMatters.com – America’s online source to find Elder Care Experts near YOU

Families across America now have an online source they can tap into to find experts who can help them with a wide range of elder care matters…   ElderCareMatters.com ElderCareMatters.com, along with the 1,375+ members of the national ElderCare Matters Alliance, provides families with the elder care resources they need to plan for and deal with their issues of aging.  In fact, here is where you will locate, […]

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Suspect an Agent for a Power of Attorney is Mishandling Funds

Question: Daughter is agent for her mother under a POA. Mother’s brother (agent’s uncle) thinks daughter is mishandling funds. Does the uncle have standing to file a Petition requesting the agent to file an accounting? Answer:  This will vary somewhat from state to state. Generally, if  the person who executed the power of attorney is […]

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(ADVERT) Announcement: We are ranked #1 on Google, Yahoo and Bing

ElderCareMatters.com, along with the 1,375+ Lifetime Members of the national ElderCare Matters Alliance, provides families with the resources they need to plan for and deal with their elder care matters.  And now our “Elder Care Experts” are ranked #1 on Google, Yahoo & Bing. This is America’s online source to find elder care experts plus useful information & answers about a wide range of elder care […]

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How to Protect Your Home Even if You Need Nursing Care

Question: My father is 88 and lives in an assisted living community, private pay. My mother resides in a town home, which is a debt free property, that she jointly owns with my father. How can my mother plan to protect this asset in the event my father requires nursing care? Given their assets, they […]

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What to Do if Your Concerned About a Parents Nursing Care

Question: My father is in a nursing home care and is having some hallucinations. Although I have told the nursing staff about this problem, he still hasn’t been seen by a doctor about this yet. I’m concerned that he is not getting the medical care he needs. Answer:   The first thing I would suggest you […]

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Disclosure Requirements of an Agent for a Power Of Attorney

Question: What are the financial transparency and disclosure requirements when one sibling is appointed power of attorney over an elder parent? We are concerned about transfers of money being made with no disclosure or explanation to the siblings, where the transfers are not clearly for my mother’s benefit and where the transfers are made into […]

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Homesteaded Florida Property with Low Property Tax Pay a New?

Question: Will inheritor of Florida property with low property tax (homesteading) pay a new, higher tax? Answer:  Thanks for the question. The answer is yes-new owner will pay new property tax rate  based on current market value at time of transfer. Joseph F. Pippen, Jr., Attorney at Law Law Office of Joseph F. Pippen, Jr. & […]

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(UNSURE HOW TO TITLE)

Question: 2 elderly sisters are beneficiaries of their deceased sister’s Revocable Living Trust. As a result, they have “life estate-type” rights. The trust also maintains the house. The trust is running short of cash, and the trustees are considering getting a reverse mortgage on the house (presently free and clear, valued at about $225,000). If […]

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Can a Trustee Settle my Estate without an Attorney?

Question: I have a revocable living trust. Can my son, as trustee, settle my estate without an attorney? Answer:  Having prepared over 36,000 estate plans with over 90% involving trusts – I would recommend your son consult with an attorney for directions on how to proceed based on the assets in the trust and estate. In Florida […]

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What are the Pros and Cons of Becoming Guardian for an Elder

Question: I have Power of Attorney for my elderly mother’s affairs, but as she becomes increasingly mentally unreliable, what are the pros and cons of becoming guardian? She lives in WV; I live in another state. Answer:  Thanks for your question. Becoming Guardian is very expensive, time consuming, and supervised by the courts. The advantage of […]

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Do Testamentary Trusts Avoid Probate?

No!  All wills are probated and testamentary trusts are created within wills; thus assets devised in a will to a testamentary trust would have to be probated.  The fact that a testamentary trust has been created has not accomplished any avoidance of probate. Testamentary trusts serve a useful purpose in that they can be used […]

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Medication Management – Help for Seniors

Question: We’ve had recurring problems handling my mother’s prescription medication. She takes about 10 prescriptions every day, and often she takes the medications in error, i.e., too many, not enough, etc. Last week we had to rush her to the ER because of an unintentional overdose of these prescription medications. What would you recommend we […]

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Geriatric Care Assessments – What Do They Include?

Answer:  A geriatric care assessment is a useful tool for any family caring for an aging loved one (for an overview of components & the process you may wish to read http://www.agingwisely.com/the-positive-results-of-a-comprehensive-geriatric-assessment/). What outcomes can one expect from an eldercare assessment? A comprehensive picture of the situation and a solid understanding of current status, future needs […]

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What’s a Geriatric Care Manager, and Why Would a Family Hire

Here is the definition of a geriatric care manager from the NAPGCM (National Association of Professional Geriatric Care Managers): “A professional Geriatric Care Manager (GCM) is a health and human services specialist who helps families who are caring for older relatives”.  Most importantly, a geriatric care manager provides the expertise to help you and your […]

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Medicare and Hospital Billing – “Admitted” vs. “Under Observation”

Question: My mother went into the hospital from a fall. When released 4 days later, the hospital told my father that she was “not admitted” only “under observation” for the time there. Why would they do this? Is it something with the hospital billing and Medicare coverage? Answer:  Unfortunately this is something more and more elders […]

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Growing Concerned about a Elder’s Ability to Drive?

This is one of the more common challenges families face as loved ones age, because the car and drive symbolize independence to most people.  The best advice is to start these conversations early, when possible.  For example, discuss and make plans when a loved one gets a diagnosis of a chronic condition that may impact […]

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Challenging a Will – Who Can Challenge, and What Need to Prove

Question: My mother died last December and left everything to her caregiver. Can I challenge my mother’s Will, and what would I need to prove? Answer:  Yes, heirs have a right to challenge a Will.  However, time is of the essence in these matters as a Will contest may be barred (notwithstanding the facts) if not […]

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Estate Planning and Incapacity – How To Protect the Event

Question: What provisions in a will or revocable trust are appropriate for a child or parent who is unable to care for his or her own needs? How To Protect Your Heirs in the Event of Incapacity? Answer:  A last will and testament becomes effective only upon death and does not contain provisions for planning at […]

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Income Generating Trusts – How is the Income Taxed?

Question: When a trust is established and the assets in the trust generate income, how is this income taxed? Answer:  If the trust is a revocable (or living) trust, then the income that is generated is simply reported on the Settlor’s individual income tax return during his life.  Upon the Settlor’s death, the revocable trust […]

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(ADVERT) Need help with your Elder Care Matters? Ask one of our 1,300+ Elder Care Experts

Question: When you need an answer about an elder care matter, who can you ask?  Answer: The experts of the national ElderCare Matters Alliance.  ElderCareMatters.com  is now offering an “Ask an Elder Care Expert” service. Every day one of our 1,300+ experts will answer your family’s important questions about elder care matters – from legal, financial, housing, healthcare, etc. If you would like […]

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Wills and Inheritance – How to Prevent Heirs From Fighting

Question: I don’t want my family to fight over my wills. Can I insert something in my will that causes anyone who challenges the will to lose his gift? Answer:  You can add an “In Terrorem” clause which is a provision that basically states that any person who challenges the last wills and testament or […]

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(ADVERT) ElderCareMatters.com – America’s online source to find Elder Care Experts

At last, families across America have a resource they can tap into daily to relieve the stress of aging… ElderCareMatters.com ElderCareMatters.com, along with the 1,300 members of the national ElderCare Matters Alliance, provides families with the resources they need to plan for and deal with their elder care matters. This is America’s online source to find elder care experts plus information & answers about […]

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Apply for Medicaid – How Do I Begin Applying for Benefits?

Question: How would I go about apply for Medicaid for my wife who has Alzheimer’s disease and is now in need of nursing home care? Answer:  Each state has a specific agency that runs the Medicaid program. In Illinois, this agency is called the Department of Human Services. In your state it might have a […]

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