John L. Roberts
Certified Elder Law Attorney
John L. Roberts, J.D., is an Elder Law Attorney serving clients in Hampden County, MA. After practicing for 15 years, he confronted the challenges of family caregiving when his own father developed dementia. The experience transformed his practice, enabling him to help clients who are family caregivers from a place of true understanding.
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Question
Do I need Power of Attorney as a spouse?
Many of us take for granted our ability to talk and express ourselves. But what happens if a person suffers an injury or an illness like... Many of us take for granted our ability to talk and express ourselves. But what happens if a person suffers an injury or an illness like Alzheimer's, and they become unable to communicate informed decisions?
Durable Power of Attorney ("DPOA") allows your agent (known as an "attorney-in-fact") to make decisions and transactions involving your material possessions: your real estate, bank accounts and other assets. Without DPOA, your family members would need a Probate Court Conservatorship to manage you financial and business affairs if you become unable to make informed decisions.
Everyone over age 18 should have a DPOA, no matter how young or old. Without DPOA (and Health Care Proxy) a parent does not have legal authority to manage the affairs and decisions for a young adult child who becomes unable to communicate informed decisions.
So, we all need to have these important documents in place. The most important question in the circumstances you explained is: whether your spouse is able to execute a Power of Attorney. The answer depends on the level of competence he still has.
If he is still able to comprehend the act of designating an agent now, but suffers a loss of competence before your house closing, you will be stuck. The only way you'll be able to give a deed to your buyer will be under the authority of Probate Court, and that will be costly in time and trouble.
Your next step right now is to contact an elder law attorney in your state. see more
Durable Power of Attorney ("DPOA") allows your agent (known as an "attorney-in-fact") to make decisions and transactions involving your material possessions: your real estate, bank accounts and other assets. Without DPOA, your family members would need a Probate Court Conservatorship to manage you financial and business affairs if you become unable to make informed decisions.
Everyone over age 18 should have a DPOA, no matter how young or old. Without DPOA (and Health Care Proxy) a parent does not have legal authority to manage the affairs and decisions for a young adult child who becomes unable to communicate informed decisions.
So, we all need to have these important documents in place. The most important question in the circumstances you explained is: whether your spouse is able to execute a Power of Attorney. The answer depends on the level of competence he still has.
If he is still able to comprehend the act of designating an agent now, but suffers a loss of competence before your house closing, you will be stuck. The only way you'll be able to give a deed to your buyer will be under the authority of Probate Court, and that will be costly in time and trouble.
Your next step right now is to contact an elder law attorney in your state. see more
Question
Can a quitclaim deed be filed to transfer ownership to my name? Also, can it be effective upon his death?
Does your father have an attorney that he has worked with in the past? If not, now is the time for him to meet with an elder law - estate... Does your father have an attorney that he has worked with in the past? If not, now is the time for him to meet with an elder law - estate planning attorney in your state to review the ownership status of the real estate.
You mentioned that your parents owned the house as "tenants in common" and I'm assuming that you meant to say "right of survivorship." Tenants in common is not compatible with a right of survivorship, so meeting with an attorney who can give you an accurate explanation of the current situation is your first step.
When the current status is clearly understood, your question about whether your father can transfer the home to you without needing a probate of your mother's estate can be addressed.
Your father must also consider his current health, and future needs for long term care. Federal Medicaid law provides a caregiver child exemption for transfers of a person's residence, whenever the child has provided 2 years of care that saved the person from needing a nursing home admission.
https://www.law.cornell.edu/uscode/text/42/1396p
42 U.S. Code § 1396p(c)(2)(A)(iv)
So, if a physician can certify that you lived in your father's home for a period of at least two years immediately before the date the your father becomes an institutionalized individual, and that you provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility, your father could transfer the house to you, and still be eligible for Medicaid.
Your questions about filing a deed that is effective at death requires your father to decide whether he wants to keep a life interest in the home.
After talking with an elder law - estate planning attorney in your state, your father will be able to make well informed decisions about the succession plan for the family residence. see more
You mentioned that your parents owned the house as "tenants in common" and I'm assuming that you meant to say "right of survivorship." Tenants in common is not compatible with a right of survivorship, so meeting with an attorney who can give you an accurate explanation of the current situation is your first step.
When the current status is clearly understood, your question about whether your father can transfer the home to you without needing a probate of your mother's estate can be addressed.
Your father must also consider his current health, and future needs for long term care. Federal Medicaid law provides a caregiver child exemption for transfers of a person's residence, whenever the child has provided 2 years of care that saved the person from needing a nursing home admission.
https://www.law.cornell.edu/uscode/text/42/1396p
42 U.S. Code § 1396p(c)(2)(A)(iv)
So, if a physician can certify that you lived in your father's home for a period of at least two years immediately before the date the your father becomes an institutionalized individual, and that you provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility, your father could transfer the house to you, and still be eligible for Medicaid.
Your questions about filing a deed that is effective at death requires your father to decide whether he wants to keep a life interest in the home.
After talking with an elder law - estate planning attorney in your state, your father will be able to make well informed decisions about the succession plan for the family residence. see more
Question
How can I find a lawyer that can help me review my life insurance policy?
Life Insurance is an asset that is part of your estate plan. When you talk with an elder law - estate planning attorney, you will learn... Life Insurance is an asset that is part of your estate plan. When you talk with an elder law - estate planning attorney, you will learn how the policy fits within the medicaid regulations in your state.
The attorney can also help you understand the significance of your beneficiary designations, and also explain how ownership of the insurance policy can be transferred and beneficiary designations changed if you have a Power of Attorney document that grants the powers needed to re-arrange your estate if your become incapacitated in the future.
Your decisions about your life insurance policy can be part of a complete estate plan designed to carry out your intentions, manage long term care costs, protect you and your assets, and avoid probate.
You can find attorneys in your area by asking at your local council on aging, area Aging Services Access Point (ASAP) and by searching online
https://www.agingcare.com/local/elder-law-attorneys see more
The attorney can also help you understand the significance of your beneficiary designations, and also explain how ownership of the insurance policy can be transferred and beneficiary designations changed if you have a Power of Attorney document that grants the powers needed to re-arrange your estate if your become incapacitated in the future.
Your decisions about your life insurance policy can be part of a complete estate plan designed to carry out your intentions, manage long term care costs, protect you and your assets, and avoid probate.
You can find attorneys in your area by asking at your local council on aging, area Aging Services Access Point (ASAP) and by searching online
https://www.agingcare.com/local/elder-law-attorneys see more
Question
Can my mom who is living with me pay for food, utilities and rent as well as a stipend for care?
Absolutely yes. This is a frequently asked question, but the answer is always unique to your situation. Here are some general points to... Absolutely yes. This is a frequently asked question, but the answer is always unique to your situation.
Here are some general points to help you get started:
You should have a written agreement the explains how much you are being paid and what services your are providing to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, your mother (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. A Caregiver Contract includes a written organization of care and other services, that adapts to changing needs.
Without a written agreement, the elder who pays a family member for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Documents the compensation and services in a format that Medicaid can understand and accept.
If you talk to an elder law attorney in your state, you can learn about more resources. Examples: Medicaid home care programs that may reimburse you; and if your mother was married to a wartime veteran, an Aid & Attendance pension could be available to reimburse her for the care she is paying you to provide.
Here's an article on how Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Here are some general points to help you get started:
You should have a written agreement the explains how much you are being paid and what services your are providing to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, your mother (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. A Caregiver Contract includes a written organization of care and other services, that adapts to changing needs.
Without a written agreement, the elder who pays a family member for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Documents the compensation and services in a format that Medicaid can understand and accept.
If you talk to an elder law attorney in your state, you can learn about more resources. Examples: Medicaid home care programs that may reimburse you; and if your mother was married to a wartime veteran, an Aid & Attendance pension could be available to reimburse her for the care she is paying you to provide.
Here's an article on how Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Question
We are asking my wife's Mother to pay us $2000 a month to live in our home and be taking care of 24/7. Any opi...
Invite your mom to talk with an elder law attorney in your state, so she can learn more about levels of care, the value of planning to stay... Invite your mom to talk with an elder law attorney in your state, so she can learn more about levels of care, the value of planning to stay in the least restrictive living setting (such as a private home), and your role as housing provider and potentially as care provider.
If the new living situation works out, you will be providing services that can save your mother from a nursing home admission.
Without a written rental and caregiver agreement, you may be setting yourself up for unnecessary problems.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, shows your mother the tasks and services she is paying for, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Without a written agreement, your mother could be disqualified from Medicaid coverage if she needs nursing home care in the future. Medicaid could consider payments to family members as "disqualifying transfers."
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that your mother would understand now, and that the Medicaid agency would accept in the future.
You can focus your energy on her needs and minimize the impact on your physical health and financial well being if your role is clearly understood. You are performing a valuable service, well worth the compensation.
Here is an article on how Personal Care Agreements Can Compensate Family Caregivers:
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
If the new living situation works out, you will be providing services that can save your mother from a nursing home admission.
Without a written rental and caregiver agreement, you may be setting yourself up for unnecessary problems.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, shows your mother the tasks and services she is paying for, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Without a written agreement, your mother could be disqualified from Medicaid coverage if she needs nursing home care in the future. Medicaid could consider payments to family members as "disqualifying transfers."
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that your mother would understand now, and that the Medicaid agency would accept in the future.
You can focus your energy on her needs and minimize the impact on your physical health and financial well being if your role is clearly understood. You are performing a valuable service, well worth the compensation.
Here is an article on how Personal Care Agreements Can Compensate Family Caregivers:
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Question
How can I protect my mom's home from being taken away?
Talking with an elder law attorney in your city or town is a good way to learn about your all of options. Medicaid home care programs in... Talking with an elder law attorney in your city or town is a good way to learn about your all of options.
Medicaid home care programs in your state may pay you a stipend to care for your mother. This could provide tax free income for you.
If a physician can certify that you provided at least 2 years of care that saved your mother from needing a nursing home admission, the home can be transferred to you, free of protected Medicaid liens if your mother needs Medicaid to pay for care. Federal Medicaid law exempts a home from transfer penalties if a son or daughter of the individual who was residing in the individual’s home for a period of at least two years immediately before the date of the individual’s admission to the medical institution, establishes to the satisfaction of the State that he or she provided care to such individual which permitted such individual to reside at home rather than in an institution.
https://www.law.cornell.edu/uscode/text/42/1396p
Was your father a veteran who served at least one day during war time? Your mother may be eligible for an Aid & Attendance pension that can reimburse you for care services.
Other programs and resources may be available to you and your mother. see more
Medicaid home care programs in your state may pay you a stipend to care for your mother. This could provide tax free income for you.
If a physician can certify that you provided at least 2 years of care that saved your mother from needing a nursing home admission, the home can be transferred to you, free of protected Medicaid liens if your mother needs Medicaid to pay for care. Federal Medicaid law exempts a home from transfer penalties if a son or daughter of the individual who was residing in the individual’s home for a period of at least two years immediately before the date of the individual’s admission to the medical institution, establishes to the satisfaction of the State that he or she provided care to such individual which permitted such individual to reside at home rather than in an institution.
https://www.law.cornell.edu/uscode/text/42/1396p
Was your father a veteran who served at least one day during war time? Your mother may be eligible for an Aid & Attendance pension that can reimburse you for care services.
Other programs and resources may be available to you and your mother. see more
Question
Does Mom's 100 days start over?
It sounds like your mother is being treated within the same "spell of illness." Medicare pays for "inpatient hospital... It sounds like your mother is being treated within the same "spell of illness."
Medicare pays for "inpatient hospital services, post-hospital extended care services, home health services, and hospice care . . . post-hospital extended care services for up to 100 days during any spell of illness..."
42 U.S. Code § 1395d(a)(2)(A) - Scope of benefits
https://www.law.cornell.edu/uscode/text/42/1395d
42 USC Section 1395x(a) defines the term “spell of illness” as a period of consecutive days—
(1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient hospital services, inpatient critical access hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and
(2) ending with the close of the first period of 60 consecutive days thereafter on each of which he is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in section 1395i–3(a)(1) of this title or subsection (y)(1).
https://www.law.cornell.edu/uscode/text/42/1395x
From Medicare.gov:
https://www.medicare.gov/coverage/skilled-nursing-facility-care.html
"If you stop getting skilled care in the SNF, or leave the SNF altogether, your SNF coverage may be affected depending on how long your break in SNF care lasts.
If your break in skilled care lasts more than 30 days, you need a new 3-day hospital stay to qualify for additional SNF care. The new hospital stay doesn’t need to be for the same condition that you were treated for during your previous stay.
If your break in skilled care lasts for at least 60 days in a row, this ends your current benefit period and renews your SNF benefits. This means that the maximum coverage available would be up to 100 days of SNF benefits."
Confirm with your health care providers whether your mother's care was within the same "spell of illness." see more
Medicare pays for "inpatient hospital services, post-hospital extended care services, home health services, and hospice care . . . post-hospital extended care services for up to 100 days during any spell of illness..."
42 U.S. Code § 1395d(a)(2)(A) - Scope of benefits
https://www.law.cornell.edu/uscode/text/42/1395d
42 USC Section 1395x(a) defines the term “spell of illness” as a period of consecutive days—
(1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient hospital services, inpatient critical access hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and
(2) ending with the close of the first period of 60 consecutive days thereafter on each of which he is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in section 1395i–3(a)(1) of this title or subsection (y)(1).
https://www.law.cornell.edu/uscode/text/42/1395x
From Medicare.gov:
https://www.medicare.gov/coverage/skilled-nursing-facility-care.html
"If you stop getting skilled care in the SNF, or leave the SNF altogether, your SNF coverage may be affected depending on how long your break in SNF care lasts.
If your break in skilled care lasts more than 30 days, you need a new 3-day hospital stay to qualify for additional SNF care. The new hospital stay doesn’t need to be for the same condition that you were treated for during your previous stay.
If your break in skilled care lasts for at least 60 days in a row, this ends your current benefit period and renews your SNF benefits. This means that the maximum coverage available would be up to 100 days of SNF benefits."
Confirm with your health care providers whether your mother's care was within the same "spell of illness." see more
Question
Can my mother sell her house with a living estate?
Does your mother have the capacity to sign a deed transferring ownership of her house? You mentioned a decline in mental capacity. Now is... Does your mother have the capacity to sign a deed transferring ownership of her house? You mentioned a decline in mental capacity. Now is the time to talk with an elder law attorney in your state who can advise you on this, and other important issues you raise in your question.
Selling a house and retaining a Life Estate allows the seller to continue owning the property for the rest of the owner's life.
The Remainder is the interest in the property that remains after the death of the person who had retained the life estate. Ownership of the property passes to the Remainder people upon death of the Life Tenant, without the need for Probate Proceedings.
Life Estate arrangements are usually made with family members. You are wondering whether your mother can sell the property to unrelated persons. If she sells the property, your mother can't change her mind and revoke the transfer of the property. The remainder people would have to sign a deed giving the house back to her. Other potential problems include disputes over how much the Life Tenant must pay for maintenance and repair.
Medicaid is another issue to consider. The transfer would be reported on a Medicaid application If your mother needs Medicaid within 5 years of the transfer. How your mother spends the money she receives from the sale of the property, and her continuing ownership of the Life Estate would also affect her eligibility.
It may be possible to make a plan that would use the value of home equity to keep your mother at home for as long as possible. Perhaps a reverse mortgage would be a simpler, safer way to achieve the goals you have in mind.
You can get a more complete understanding of all the options if you talk with an elder law attorney in your state. see more
Selling a house and retaining a Life Estate allows the seller to continue owning the property for the rest of the owner's life.
The Remainder is the interest in the property that remains after the death of the person who had retained the life estate. Ownership of the property passes to the Remainder people upon death of the Life Tenant, without the need for Probate Proceedings.
Life Estate arrangements are usually made with family members. You are wondering whether your mother can sell the property to unrelated persons. If she sells the property, your mother can't change her mind and revoke the transfer of the property. The remainder people would have to sign a deed giving the house back to her. Other potential problems include disputes over how much the Life Tenant must pay for maintenance and repair.
Medicaid is another issue to consider. The transfer would be reported on a Medicaid application If your mother needs Medicaid within 5 years of the transfer. How your mother spends the money she receives from the sale of the property, and her continuing ownership of the Life Estate would also affect her eligibility.
It may be possible to make a plan that would use the value of home equity to keep your mother at home for as long as possible. Perhaps a reverse mortgage would be a simpler, safer way to achieve the goals you have in mind.
You can get a more complete understanding of all the options if you talk with an elder law attorney in your state. see more
Question
Does my mother need to become a resident in my state since she is now living with me?
Your question is important, and requires that you review the list of government agencies and other third parties that your mother may have... Your question is important, and requires that you review the list of government agencies and other third parties that your mother may have to deal with now and in the future.
If your mother needs Medicaid to pay for home care, or care in a facility, the Medicaid agency in your state will ask whether your mother intends to stay in your state. Talk with an elder law attorney now, so you understand the regulations.
Since your mother owns property in another state, you need to know how the property owner's residency affects taxation of property and assets that may end up in her estate. Again, talking with an elder law attorney who understands multi-state income and estate taxation, will help you make good decisions.
If you need authority to manage affairs during your Mother's lifetime or after death, time lines of residency (length of time in months or years) apply to determine which state laws and courts can designate you as the person with authority to manage and make decisions, if there is disagreement with your sister.
Other factors may apply to your mother's care and circumstances. Talking to an elder law attorney in your state can bring those to light. see more
If your mother needs Medicaid to pay for home care, or care in a facility, the Medicaid agency in your state will ask whether your mother intends to stay in your state. Talk with an elder law attorney now, so you understand the regulations.
Since your mother owns property in another state, you need to know how the property owner's residency affects taxation of property and assets that may end up in her estate. Again, talking with an elder law attorney who understands multi-state income and estate taxation, will help you make good decisions.
If you need authority to manage affairs during your Mother's lifetime or after death, time lines of residency (length of time in months or years) apply to determine which state laws and courts can designate you as the person with authority to manage and make decisions, if there is disagreement with your sister.
Other factors may apply to your mother's care and circumstances. Talking to an elder law attorney in your state can bring those to light. see more
Question
How can I find out if my mother reinstated her insurance policy or took out more?
Your question indicates that you may know the name of the insurance company that your mother had been dealing with. If there is... Your question indicates that you may know the name of the insurance company that your mother had been dealing with. If there is information on her insurance agent, call them. Or, call the life insurance company's customer service department and ask for information. They may require that you have authority, such as Power of Attorney (if your mother is still living) or appointment as Personal Representative of her estate.
If the insurance company has merged or gone out of business, you can find information about successor insurance companies that may have taken over the policy at:
http://www3.ambest.com/ratings/entities/search.aspx?
The Insurance Information Institute has a list of 12 steps you can take to track down life insurance policy information:
http://www.iii.org/article/how-can-i-locate-lost-life-insurance-policy
Step 12 includes a link to the insurance industry trade group that has access to search all applications for life insurance policies have been filed since 1996:
http://www.mib.com/lost_life_insurance.html
Effective Estate Planning includes organizing asset information, making it easier to manage and settle an estate. see more
If the insurance company has merged or gone out of business, you can find information about successor insurance companies that may have taken over the policy at:
http://www3.ambest.com/ratings/entities/search.aspx?
The Insurance Information Institute has a list of 12 steps you can take to track down life insurance policy information:
http://www.iii.org/article/how-can-i-locate-lost-life-insurance-policy
Step 12 includes a link to the insurance industry trade group that has access to search all applications for life insurance policies have been filed since 1996:
http://www.mib.com/lost_life_insurance.html
Effective Estate Planning includes organizing asset information, making it easier to manage and settle an estate. see more
Question
Should a POA compensate themselves?
If your father has designated you as his agent in his Power of Attorney document, you should have the authority to establish contractual... If your father has designated you as his agent in his Power of Attorney document, you should have the authority to establish contractual agreements on his behalf, such as a Caregiver Contract with yourself as the contracted provider. Talk with your family lawyer or an elder law attorney in your state, and learn more about your roles as Caregiver and as Attorney-in-Fact under the POA.
As Caregiver, you are providing care that may continue to save your father from a nursing home admission. But without a written agreement, you may be setting yourself up for unnecessary self-doubt and criticism.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
And without a written agreement, the elder who pays you for care could be disqualified from Medicaid coverage if he does need nursing home care in the future. Medicaid could consider payments to family members to be "disqualifying transfers."
If you talk with your family lawyer or an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept. If you are authorized in the Power of Attorney document to sign the Contract on your father's behalf, the Contract can be an effective way to manage details, so you can focus your energy on his needs and minimize the impact on your physical health and financial well being. Your are performing a valuable service, well worth the compensation. see more
As Caregiver, you are providing care that may continue to save your father from a nursing home admission. But without a written agreement, you may be setting yourself up for unnecessary self-doubt and criticism.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
And without a written agreement, the elder who pays you for care could be disqualified from Medicaid coverage if he does need nursing home care in the future. Medicaid could consider payments to family members to be "disqualifying transfers."
If you talk with your family lawyer or an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept. If you are authorized in the Power of Attorney document to sign the Contract on your father's behalf, the Contract can be an effective way to manage details, so you can focus your energy on his needs and minimize the impact on your physical health and financial well being. Your are performing a valuable service, well worth the compensation. see more
Question
Grandmother's Medicaid was denied. What do I do now?
There may be options open for your grandmother to restore her eligibility for Medicaid, but more information is needed to help. Does your... There may be options open for your grandmother to restore her eligibility for Medicaid, but more information is needed to help.
Does your grandmother have a prepaid funeral or burial contract? An irrevocable burial account? Other medical expenses?
Non countable assets and care expenses can be applied to excess assets, but you can't be sure about all the options until you talk with an Elder Law Attorney in your state.
You can get the answers you need from an advice and counsel you get from an advisor who has helped others. see more
Does your grandmother have a prepaid funeral or burial contract? An irrevocable burial account? Other medical expenses?
Non countable assets and care expenses can be applied to excess assets, but you can't be sure about all the options until you talk with an Elder Law Attorney in your state.
You can get the answers you need from an advice and counsel you get from an advisor who has helped others. see more
Question
How long does it take to receive the letter of testamentary from the courts, once everything is filed with the...
You could ask your attorney to contact the Court Appointed Lawyer, and explain your circumstances. If made aware of the need to expedite... You could ask your attorney to contact the Court Appointed Lawyer, and explain your circumstances. If made aware of the need to expedite the review of the estate file, the court appointed lawyer should be willing to check on your brother promptly, and determine whether his interests are protected.
Ask if there is anything that can be provided to help the person with their review.
One simple step that can eliminate weeks of waiting is to hand deliver everything that needs to go to the Court, the Court Appointed Lawyer, or anyone else. By placing documents and data directly into the hands of the person who needs to act, you show them that the matter is important to you, and you eliminate days of mail delivery and processing time that add up when your matter is piled onto all the other papers already on the person's desk.
(Real Estate brokers practice this method all the time. If a person can't sign electronically, they go in person to help them with what needs to be done.) see more
Ask if there is anything that can be provided to help the person with their review.
One simple step that can eliminate weeks of waiting is to hand deliver everything that needs to go to the Court, the Court Appointed Lawyer, or anyone else. By placing documents and data directly into the hands of the person who needs to act, you show them that the matter is important to you, and you eliminate days of mail delivery and processing time that add up when your matter is piled onto all the other papers already on the person's desk.
(Real Estate brokers practice this method all the time. If a person can't sign electronically, they go in person to help them with what needs to be done.) see more
Question
My mom has been on Medicaid for awhile, and she will be going to a nursing home shortly. Will the nursing home...
In my state (Massachusetts), the life insurance policy would be a countable asset, since the face value is over $1,500. But the Medicaid... In my state (Massachusetts), the life insurance policy would be a countable asset, since the face value is over $1,500.
But the Medicaid agency would only count the cash surrender value: $1,000. The nursing home resident would be eligible for Medicaid if she had other countable assets + the cash surrender value that totaled less than $2,000.
Talk with an elder law attorney in your state to learn how to the regulations apply to your Mom, and do check the death benefit beneficiary designation on the policy. see more
But the Medicaid agency would only count the cash surrender value: $1,000. The nursing home resident would be eligible for Medicaid if she had other countable assets + the cash surrender value that totaled less than $2,000.
Talk with an elder law attorney in your state to learn how to the regulations apply to your Mom, and do check the death benefit beneficiary designation on the policy. see more
Question
Mom received an Aid/Assistance check 4 days after she passed away. Is she entitled to that check?
You didn't mention the month that your mother passed, but you can get answers for your specific facts directly from the Dept of... You didn't mention the month that your mother passed, but you can get answers for your specific facts directly from the Dept of Veterans Affairs.
If the decedent was receiving Aid and Attendance or other Veteran's benefits, the next of kin or Personal Representative of the Estate should call 1-877-838-2778 and request that the VA payments be stopped.
Like Social Security, the VA also pays one month in arrears. For example: the check received in July is for the month of June. Therefore, the estate of a single veteran with no dependents who passes in July will keep the check received in July. However, the August check (for July) must be returned. If the veteran was married or leaves a dependent child, the check for the entire month of death can be kept.
The next of kin or Personal Representative of a Veteran’s Estate should apply for burial benefits of $300.00 for plot and $300.00 for burial, using form 21-530. These benefits can reimburse you if you have already paid for the burial or the plot. see more
If the decedent was receiving Aid and Attendance or other Veteran's benefits, the next of kin or Personal Representative of the Estate should call 1-877-838-2778 and request that the VA payments be stopped.
Like Social Security, the VA also pays one month in arrears. For example: the check received in July is for the month of June. Therefore, the estate of a single veteran with no dependents who passes in July will keep the check received in July. However, the August check (for July) must be returned. If the veteran was married or leaves a dependent child, the check for the entire month of death can be kept.
The next of kin or Personal Representative of a Veteran’s Estate should apply for burial benefits of $300.00 for plot and $300.00 for burial, using form 21-530. These benefits can reimburse you if you have already paid for the burial or the plot. see more
Question
I've been told to put my mom's money in a trust when she sells her house. What are the benefits of doing this?
Here are 7 reasons to consider using a trust to hold assets: 1 - protection from creditors, 2 - protection from elder financial abuse... Here are 7 reasons to consider using a trust to hold assets:
1 - protection from creditors,
2 - protection from elder financial abuse predators,
3 - protection from spouse of a beneficiary who needs to divorce,
4 - asset management,
5 - keep control over the distributions (making it impossible for beneficiary to cash out accounts),
6 - Medicaid planning, and
7 - keeping assets out of the estate of a survivor who might otherwise have to pay estate taxes
Timing determines whether you can accomplish any of these goals with a trust. The trust document must be drafted with an understanding of your facts and the real estate, probate, tax and trust laws in your state.
If you are thinking of planning for Medicaid, will your mother have enough money to pay for long term care if she needs it during the 5 year period after transferring money into a trust?
Does you mother have the competence needed to establish a trust? Do you have the authority to establish a trust for her?
Your question can only be answered by an estate planning attorney in your state who is aware of all the circumstances. see more
1 - protection from creditors,
2 - protection from elder financial abuse predators,
3 - protection from spouse of a beneficiary who needs to divorce,
4 - asset management,
5 - keep control over the distributions (making it impossible for beneficiary to cash out accounts),
6 - Medicaid planning, and
7 - keeping assets out of the estate of a survivor who might otherwise have to pay estate taxes
Timing determines whether you can accomplish any of these goals with a trust. The trust document must be drafted with an understanding of your facts and the real estate, probate, tax and trust laws in your state.
If you are thinking of planning for Medicaid, will your mother have enough money to pay for long term care if she needs it during the 5 year period after transferring money into a trust?
Does you mother have the competence needed to establish a trust? Do you have the authority to establish a trust for her?
Your question can only be answered by an estate planning attorney in your state who is aware of all the circumstances. see more
Question
Am I being greedy?
It's hard to understand family members who are furious about quality care being provided to an elder, but it is not unusual. People who... It's hard to understand family members who are furious about quality care being provided to an elder, but it is not unusual. People who can't help out may express many emotions that don't help in a difficult situation.
A Caregiver Contract can save a loved one from a nursing home admission, and save the Caregiver from much grief. Without a written agreement, family members may be setting themselves up for problems. Here's why:
Without a written agreement, the family member(s) providing the care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Another reason: the elder (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. Are you the person who is designated as Health Care Agent? Is there a Power of Attorney document that designates you are the person responsible for managing assets? A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, without a written agreement, the elder who pays you for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Medicaid could consider payments to family members as being "disqualifying transfers."
If you talk with an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept.
If the elder is competent to sign the Contract, or if there is an agent designated in a Power of Attorney document who can sign the Contract, the Contract can be an effective way to manage details, so you can focus your energy on the needs of the person you are caring for. see more
A Caregiver Contract can save a loved one from a nursing home admission, and save the Caregiver from much grief. Without a written agreement, family members may be setting themselves up for problems. Here's why:
Without a written agreement, the family member(s) providing the care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Another reason: the elder (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. Are you the person who is designated as Health Care Agent? Is there a Power of Attorney document that designates you are the person responsible for managing assets? A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, without a written agreement, the elder who pays you for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Medicaid could consider payments to family members as being "disqualifying transfers."
If you talk with an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept.
If the elder is competent to sign the Contract, or if there is an agent designated in a Power of Attorney document who can sign the Contract, the Contract can be an effective way to manage details, so you can focus your energy on the needs of the person you are caring for. see more
Question
Is there such thing as a caregivers grant?
Are you willing to accept care from aides and caregivers who come in to your home? Medicaid home care programs in your state may pay... Are you willing to accept care from aides and caregivers who come in to your home? Medicaid home care programs in your state may pay for an array of home care services that provide care for your husband, and help share the care burden that is on you. These programs may even include a grant to a child or other family member who lives in the elder's home.
If you husband is a veteran, an Aid and Attendance pension can reimburse you for caregiving costs provided by others, including an adult child.
Talk with an elder law attorney in your state, and you'll be encouraged to find many resources, although you'll probably find there is no cash grant or compensation for providing care to a spouse. see more
If you husband is a veteran, an Aid and Attendance pension can reimburse you for caregiving costs provided by others, including an adult child.
Talk with an elder law attorney in your state, and you'll be encouraged to find many resources, although you'll probably find there is no cash grant or compensation for providing care to a spouse. see more
Question
Please advise how my Father can receive POA, if my mother cannot sign for POA?
If your mom does not have the capacity to understand and sign a Power of Attorney document, you can ask the Probate Court in her state to... If your mom does not have the capacity to understand and sign a Power of Attorney document, you can ask the Probate Court in her state to appoint a Conservator to manage her assets and business transactions. The petition to appoint a Conservator can request the you, your father, a member of your family, or some other competent person or organization be given the authority to speak and act for your mother.
Does your mother have a Health Care Proxy? If not, you can petition the Court to appoint a Guardian who will have the authority to make health care decisions. Talk with an Elder Law Attorney in your state to learn the best approach to managing the circumstances.
An excellent Agingcare.com article explains: When Is a Person Too Incapacitated to Sign a Will, Trust, or POA?
https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm see more
Does your mother have a Health Care Proxy? If not, you can petition the Court to appoint a Guardian who will have the authority to make health care decisions. Talk with an Elder Law Attorney in your state to learn the best approach to managing the circumstances.
An excellent Agingcare.com article explains: When Is a Person Too Incapacitated to Sign a Will, Trust, or POA?
https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm see more
Both parents with stage 5 Alzheimer's, nest egg will cover facilities expenses, But NOT on a month to month ba...
You didn't explain the type of facility they are entering, but the admissions office of a facility does not represent the patient's financial interests.
The level of assets you did mention requires that your parents have legal representation in the process of admission, so that they, and you, can understand the options, and be aware of the resources available. If you are designated as a fiduciary for your parents under a Power of Attorney document, you cannot dismiss the duty to protect their interests.
Privately paid nursing home rates are higher than rates paid by Medicaid, which may be available with proper planning. You may be surprised to learn of the options that crisis planning can open up.
You mentioned that you feel like you are enduring a nightmare now. By consulting an elder law attorney in your state, you can open your eyes to the solutions available. see more