Many people who call our office express frustration that, even though they are trying to take care of their parents’ affairs, banks, IRA custodians and other financial professionals are not very helpf... Continue

The document that gives someone else the ability to direct another’s health care is called a power of attorney for health care. When a person signs a power of attorney for health care, that person (as... Continue

Nursing homes can be very costly. Although most nursing homes provide a very high quality of care, that care is incredibly expensive and the cost of care can deplete a normal sized estate quickly. One... Continue

One of the requirements for Medicaid eligibility is that the person who applies for Medicaid cannot have given away assets in an effort to qualify for Medicaid benefits sooner than they would have if ... Continue

First, take a deep breath. Your mother’s health probably got to the point where she no longer needs acute care in the hospital. The next step in the process is for her to go to a nursing home, or reha... Continue

Under the laws of many states, unless you can find the original will, the courts will presume that the person who signed the will revoked it. Hence, most states will treat your grandmother's estat... Continue

Under the laws of many states, a surviving spouse is responsible to pay for any "family expenses" of the couple or any expenses for the deceased spouse that the surviving spouse agreed to in w... Continue

Your parents can certainly pay your brother to provide care for them.  However, it is very likely that your brother will be considered their employee for purposes of income and employment tax... Continue

You have a very difficult situation which has no good answers.Your brother has been caring for your mother and you suspect is that he may be exerting a type of "undue influence" on your her. This can ... Continue

If you can care for your mother unaided and you are her agent under a power of attorney (or if your mother is mentally competent and consents to it), you can move her home and be her primary caregiver... Continue

I would tell the collection company and the lawyer to go ahead and try to sue your insolvent mother. If she has no money, there is no way that they can hurt her. In addition, many states have laws... Continue

The answers to your question depend on state law. Accordingly, the information I am going to give you may not apply to you. This means you should see an elder law attorney before any money changes... Continue

Your father-in-law has Alzheimer's and his wife, who is in failing health, cannot take care of him. However, she continues to dismiss any in-home help you hire.You have a very difficult situation. The... Continue

The answer to your question depends on your local state law. What you might do is report this person to your local elder abuse agency. If they find evidence of financial abuse, they may go after the ... Continue

You ask if your mother's nursing home can apply to Social Security to have her payments sent directly to them because the state is behind in making its Medicaid payments to them. No. they can't. It... Continue

There is a form that you fill out. If your father is still mentally competent you can have him sign the form with witnesses. Your state may have a power of attorney form that is downloadable also. How... Continue

Keep in mind that in many states, and transfer of money or services between family members is deemed to be a gift for medicaid purposes unless there is an provable oral agreement or a written agreemen... Continue

You need to get additional professional help to guide you and your grandparents through this difficult time. You may want to contact your local county senior services office to see if a social wor... Continue

To execute a power of attorney, the principal (that is, your grandfather) must be mentally competent and be able to understand the contents of the power of attorney. It sounds like your grandfathe... Continue