Question: My 80 yr old mother has dementia, does not want to eat or bathe, and has stopped taking her medications. I’m scared for the safety of my father, due to mom’s violent outbursts/actions. Can my father and/or I (daughter) place Mom in a facility against her will for her well being and safety? Answer: It […]
“My older sister died one year ago and her estate is currently being probated in our local court. I just discovered this fact from my younger brother who shared with me the court papers and to my surprise I was not included as an heir nor had I ever been served notice by the estate […]
Answer: A Power of Attorney is a document that allows another person or people to manage your assets for you, upon your incapacity. In your Power of Attorney, you are known as the Principal, while the person or people you choose to manage your assets are known as Agent(s). A Durable Power of Attorney is […]
The Situation You helped your Veteran Client obtain eligibility for veterans pension with aid and attendance. The application was filed, all verification materials were submitted, and you wait for an answer. The good news is, your client was awarded with benefits. You feel really good about helping veteran clients. You feel even better when the […]
“My 74 year father, who lives in Florida, has been diagnosed with the early stages of Alzheimer’s. My father’s doctor has notified us (his 4 children who live in New York, Florida, Georgia and Missouri) that he cannot live on his own, and that he must have elder care assistance. My father has been legally […]
“Is it good practice to appoint a representative organization and/or individual (VA Forms 21-22 or 21-22a) to represent the veteran on the VA application? If so, which do you find works best?” Answer: It depends on the family. If I am helping the family, I am appointed a representative using the 21-22a. If not, I encourage them […]
Answer: The VA will accept a personal services contract and the fees paid under the contract are permissible, deductible medical expenses to reduce income for VA purposes (as long as the claimant has been rated in need of aid and attendance). I don’t do lump sum personal services contracts for VA Accept purposes, but imagine it […]
“My step-father, who served in the Korean War, is in the process of applying for VA Aid & Attendance benefits. The instructions discuss reporting gifts. How far back does one need to report gifts, and what gifts need to be reported, and where on the application does one report such gifts?” Answer: These are all very […]
“My 81 year-old parents have told me and my 3 adult siblings they would like all 4 of us to be named on their Power of Attorney(POA) forms. We are geographically spread out from Mich. to Fla. I obtained forms for doing this from the nursing home dad is currently staying in. I noticed on […]
Answer: I have found that the best way to notify the VA of a change in the veteran’s eligibility status is on VA Form 21-0779, which is completed by the Nursing Home. Also, this should be reported on the annual Eligibility Verification Report (EVR) due each year on March 1st. This should be sent to the […]
“If a child in her discretion returns money to a parent on a monthly basis to help pay the parent’s nursing home bills, how is this handled while an application for VA Aid and Attendance benefits is pending?” Answer: It may be seen as income. Thus, the better preference is for the child to pay […]
Answer: The EVR is an Eligibility Verification Report that the VA sends yearly to all VA pension recipients. Because this benefit is awarded based on financial means (limited income and limited resources), the VA verifies each year that the income and the resources are still below the eligibility standard. The most important components of this […]
Answer: The experts of the national ElderCare Matters Alliance and www.ElderCareMatters.com are now offering a NEW Ask an Elder Care Expert service. Each week one of our 1,150+ elder care experts will answer your family’s important questions about elder care matters – from legal, financial, housing, healthcare, etc. If you would like to ask one […]
Question: Will a power of attorney give me the authority I need to cause my unwilling 92-year-old parent to stay in an assisted living facility? Answer: This is such a heartbreaking situation because we all want our own independence, and we understand our senior family members’ desire for the same thing. Unfortunately, however, a person can […]
Question: My parents had their wills, POA, Health Care POA, and trust set up in Missouri. They have since moved to Georgia. Do any of the documents need to be re-executed to be valid in the state of Georgia? My father has Alzheimer’s and could no longer execute any documents. Answer: Generally, documents that are valid […]
With very few exceptions, a Will or a trust that is valid in the State in which it is created will be valid in another State. Thus, Wills and trusts are generally “portable” from one State to another. It is still a good idea to have your Will and trust reviewed by an attorney licensed […]
There are a variety of legal methods that can be used to prevent an elderly couple’s entire net worth from being consumed by nursing home expenses. First of all, Medicare does not pay for nursing home expenses. It covers things like doctor visits, drugs, and a certain amount of hospitalization. Medicare is a “status-based” benefit, […]
Answer: Life estates and irrevocable trusts are tools that estate planners use to help their clients achieve defined objectives. Usually, one tool is more effective than the other in reaching a desired objective. The usefulness of these tools varies from State to State, and you should employ them only with the help and advice of […]
Medicaid is a Federal/State program where the Federal government puts up most of the money, and the States administer how the money is spent. The States must follow Federal law and regulations, but the law and regulations allow for some leeway in how different rules are interpreted and applied in given situations. Thus, Medicaid is […]
Answer: This is a question of State law, and the answer will vary from State to State. Accordingly, you need to consult an Elder Care lawyer in your home State for a definitive answer to your question. However, I can give you some general information about how guardians are appointed. A guardian is a person […]
Callie Rogers, age 16, won $3.1 million in a British lottery. By the age of 22, the unwed mother of two, having attempted suicide twice, and having spent over $400,000 on cocaine alone (in addition to more conventional luxuries), was broke, living with her mother, and working three cleaning jobs. She described her sudden windfall […]
Answer: A revocable living trust can avoid a conservatorship proceeding (sometimes called a “living probate”) in the event the trustmaker (that’s you, if it is your trust) loses the ability to handle assets. Ordinarily, if a person becomes incompetent, a court must appoint a conservator to administer the person’s assets on his or her behalf. The […]
Aging in place has grown increasingly popular throughout the country. According to an AARP survey, 70-80% of respondents say they would prefer to live out their days in their own homes. It is understandable that so many people choose to age comfortably in their own home rather than re-locating to a nursing in-home care or […]
The word fiduciary stems from the Latin root word fīdere, to trust. Applied to financial advisors, the term fiduciary ethos describes the “leadership behaviors, core values, and decision-making process an advisor uses to make recommendations that are in the best interest of the client.” As a consumer and investor, you would hope that a fiduciary […]