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
Brother is abusing POA. What can I do?
The protective services agency in your city or town is one resource that can assess the circumstances. But when you request help from... The protective services agency in your city or town is one resource that can assess the circumstances. But when you request help from public agencies, you are opening your family's private problems to scrutiny. You can't control where the case will end up.
Sadly, there are other cases where family members have misused the power in a Power of Attorney document. One case with a surprise ending is here:
https://www.agingcare.com/articles/adult-children-sue-caregiver-176514.htm see more
Sadly, there are other cases where family members have misused the power in a Power of Attorney document. One case with a surprise ending is here:
https://www.agingcare.com/articles/adult-children-sue-caregiver-176514.htm see more
Question
Is a quitclaim deed advisable for my mother?
Your question indicates there are monthly payments that must be made to a lender every month. When your mother borrowed the money, the loan... Your question indicates there are monthly payments that must be made to a lender every month. When your mother borrowed the money, the loan document probably said the debt would be "accelerated" if she transferred ownership of the house (meaning the whole balance would have to be paid up immediately).
While a Lender probably wouldn't become aware of a transfer if someone kept making the payments, your question, and several of the other answers posted here, point you to consider who is paying for care in the Nursing Home. If it's Medicaid, a transfer of the home will require an update of her eligibility status.
A disabled child could qualify as an exception to the Medicaid transfer rules, but you should talk with an elder law attorney in your state before considering any transfers of ownership, so that the interests of your brother and your mother are protected.
If you procrastinate and take no action to straighten out the home ownership status during your mother lifetime, the equity value of the house may pass into Medicaid's Estate Recovery system upon her death. see more
While a Lender probably wouldn't become aware of a transfer if someone kept making the payments, your question, and several of the other answers posted here, point you to consider who is paying for care in the Nursing Home. If it's Medicaid, a transfer of the home will require an update of her eligibility status.
A disabled child could qualify as an exception to the Medicaid transfer rules, but you should talk with an elder law attorney in your state before considering any transfers of ownership, so that the interests of your brother and your mother are protected.
If you procrastinate and take no action to straighten out the home ownership status during your mother lifetime, the equity value of the house may pass into Medicaid's Estate Recovery system upon her death. see more
Question
Does a deceased husband's business automatically go to wife or does it have to go to probate?
Your question indicates there was no succession planning, not even a simple will. Your next call should be to an attorney in your state who... Your question indicates there was no succession planning, not even a simple will. Your next call should be to an attorney in your state who is familiar with probate, real estate, employment and business law. All of those fields will help form your decisions on whether to keep the business going, sell it, or wind it down.
For other people reading about this situation, be reminded there are many approaches the business person can use to avoid probate: business organizations such as Corporation or Limited Liability Company, Family Limited Partnership, and Living Trust or Irrevocable Trust.
The first step is to admit that our lifespans are limited, but the value of our life's work can continue to serve others after we pass on. see more
For other people reading about this situation, be reminded there are many approaches the business person can use to avoid probate: business organizations such as Corporation or Limited Liability Company, Family Limited Partnership, and Living Trust or Irrevocable Trust.
The first step is to admit that our lifespans are limited, but the value of our life's work can continue to serve others after we pass on. see more
Question
I cannot care for my husband anymore due to health problems, if I put him in a nursing home, will I keep his i...
If the nursing home resident is married to a spouse who lives at home or in assisted living, income from the nursing home spouse can be... If the nursing home resident is married to a spouse who lives at home or in assisted living, income from the nursing home spouse can be kept by the "healthy spouse" who is living in the community.
The healthy spouse is allowed to keep an amount of the nursing home resident spouse income (with no questions asked by Medicaid) called the Minimum Monthly Maintenance Needs Allowance ("Minimum MMNA").
Every year, on July 1st, the MMNA is increased. The Minimum Monthly Maintenance Needs Allowance (Minimum MMNA) for July 1, 2018 through June 30, 2019 will be $2,057.00 for all states, except Alaska and Hawaii. The "Spousal Impoverishment figures" are posted here:
https://www.medicaid.gov/medicaid/eligibility/downloads/spousal-impoverishment/ssi-and-spousal-impoverishment-standards.pdf
The Standard Shelter Expense is the amount included in the Minimum MMNA for your rent, or mortgage payment, property taxes and insurance, and/or condo maintenance. If the spouse’s housing expenses are over 30% of the MMMNA, (30% of $2,057 = $617.25), the additional need is referred to as the Excess Shelter Allowance, and it is credited to the community spouse as an additional income allowance.
The Maximum Monthly Maintenance Needs Allowance (Maximum MMNA) as of July 1, 2018 is $3,090.
If you need more to cover your home upkeep expenses or Assisted Living, Federal Medicaid Law [Section 1396a(a)(3)] gives you the right to a fair hearing. Federal Regulations [42 CFR 431.230] require that Medicaid payment for services be continued during the time an application is waiting for a fair hearing, and the state must make corrective payments if the applicant wins the fair hearing.
The other people who posted the advice to call a Certified Elder Law Attorney in your state are right. The CELA can listen to the specific facts of your situation, and explain how much income you can keep to stay safely at home. see more
The healthy spouse is allowed to keep an amount of the nursing home resident spouse income (with no questions asked by Medicaid) called the Minimum Monthly Maintenance Needs Allowance ("Minimum MMNA").
Every year, on July 1st, the MMNA is increased. The Minimum Monthly Maintenance Needs Allowance (Minimum MMNA) for July 1, 2018 through June 30, 2019 will be $2,057.00 for all states, except Alaska and Hawaii. The "Spousal Impoverishment figures" are posted here:
https://www.medicaid.gov/medicaid/eligibility/downloads/spousal-impoverishment/ssi-and-spousal-impoverishment-standards.pdf
The Standard Shelter Expense is the amount included in the Minimum MMNA for your rent, or mortgage payment, property taxes and insurance, and/or condo maintenance. If the spouse’s housing expenses are over 30% of the MMMNA, (30% of $2,057 = $617.25), the additional need is referred to as the Excess Shelter Allowance, and it is credited to the community spouse as an additional income allowance.
The Maximum Monthly Maintenance Needs Allowance (Maximum MMNA) as of July 1, 2018 is $3,090.
If you need more to cover your home upkeep expenses or Assisted Living, Federal Medicaid Law [Section 1396a(a)(3)] gives you the right to a fair hearing. Federal Regulations [42 CFR 431.230] require that Medicaid payment for services be continued during the time an application is waiting for a fair hearing, and the state must make corrective payments if the applicant wins the fair hearing.
The other people who posted the advice to call a Certified Elder Law Attorney in your state are right. The CELA can listen to the specific facts of your situation, and explain how much income you can keep to stay safely at home. see more
Question
Mom has been at nursing home for rehab and already they want us to pay privately. Any advice?
This is the time to talk with a geriatric care manager and an elder law attorney in your state. Nursing homes are often reluctant to keep... This is the time to talk with a geriatric care manager and an elder law attorney in your state.
Nursing homes are often reluctant to keep billing Medicare, because they think Medicare coverage depends on the beneficiary’s restoration potential; but the standard is whether skilled care is required.
Even if full recovery or medical improvement is not possible, a patient may need skilled services to prevent further deterioration or preserve current capabilities. The nursing home patient who needs these skilled services should still be covered by Medicare.
The February 16, 2017 statement by Centers for Medicare & Medicaid Services (CMS) says: "Skilled nursing services would be covered where such skilled nursing services are necessary to maintain the patient's current condition or prevent or slow further deterioration so long as the beneficiary requires skilled care for the services to be safely and effectively provided."
Medicare has posted plenty of material for you to read.
https://www.medicare.gov/coverage/skilled-nursing-facility-care.html
But the most efficient way to learn whether your mom needs skilled care is to talk with an advocate in your state who can give you an objective view. It's important to coordinate Medicare eligibility with other resources like LTC Insurance. see more
Nursing homes are often reluctant to keep billing Medicare, because they think Medicare coverage depends on the beneficiary’s restoration potential; but the standard is whether skilled care is required.
Even if full recovery or medical improvement is not possible, a patient may need skilled services to prevent further deterioration or preserve current capabilities. The nursing home patient who needs these skilled services should still be covered by Medicare.
The February 16, 2017 statement by Centers for Medicare & Medicaid Services (CMS) says: "Skilled nursing services would be covered where such skilled nursing services are necessary to maintain the patient's current condition or prevent or slow further deterioration so long as the beneficiary requires skilled care for the services to be safely and effectively provided."
Medicare has posted plenty of material for you to read.
https://www.medicare.gov/coverage/skilled-nursing-facility-care.html
But the most efficient way to learn whether your mom needs skilled care is to talk with an advocate in your state who can give you an objective view. It's important to coordinate Medicare eligibility with other resources like LTC Insurance. see more
Question
Can the nursing home take my father's life insurance?
Your question indicates that you are relying on the nursing home (or an application service that they hire) to prepare the Medicaid... Your question indicates that you are relying on the nursing home (or an application service that they hire) to prepare the Medicaid application. This may be a good approach for people who do not have any assets, and who don't have a spouse at home who is relying on the nursing home resident's income .
But many people are best served by hiring an elder law attorney in your state who can explain the entire eligibility picture, and how it applies to you and your father.
If your father has limited assets, there is no reason why he should not immediately qualify for Medicaid. The only requirement is that his assets be organized properly, to comply with the Medicaid regulations.
A life insurance policy worth $10,000 would disqualify him, but the excess value of the policy can be used to buy non-countable assets (like an irrevocable funeral contract). It's also possible to set aside any excess assets in a pooled trust arrangement for your father or transfer the assets to people who are exempt from Medicaid transfer penalties.
You won't know until you talk with the professional who can give you the big picture.
The problem with the free services provided by the nursing home is the volume of work that they must contend with. Often they can't give immediate attention to the many details that could help you. Timing matters when you need eligibility to begin now. see more
But many people are best served by hiring an elder law attorney in your state who can explain the entire eligibility picture, and how it applies to you and your father.
If your father has limited assets, there is no reason why he should not immediately qualify for Medicaid. The only requirement is that his assets be organized properly, to comply with the Medicaid regulations.
A life insurance policy worth $10,000 would disqualify him, but the excess value of the policy can be used to buy non-countable assets (like an irrevocable funeral contract). It's also possible to set aside any excess assets in a pooled trust arrangement for your father or transfer the assets to people who are exempt from Medicaid transfer penalties.
You won't know until you talk with the professional who can give you the big picture.
The problem with the free services provided by the nursing home is the volume of work that they must contend with. Often they can't give immediate attention to the many details that could help you. Timing matters when you need eligibility to begin now. see more
Question
Medicaid question?
Many people decide to use Will substitutes like Joint Ownership of bank accounts, to avoid Probate. Did your uncle designate you as a... Many people decide to use Will substitutes like Joint Ownership of bank accounts, to avoid Probate.
Did your uncle designate you as a "Joint Owner," or did he make a beneficiary designation on the accounts, so it will be POD (payable on death) or ITF (in Trust For)? Or, did he name you as a co-signer with authority to manage the account for him? Banks have several ways to help their customers provide access to trusted family members.
If you are NOT a "Joint Owner" now, there is no effect on your asset limit for a Medicaid program. But when the asset does pass to you, the account value gets added to your assets, and your eligibility could be affected.
Talk with an elder law attorney in your state, so you can tell your uncle what he needs to do, to protect your interests, along with his intentions. see more
Did your uncle designate you as a "Joint Owner," or did he make a beneficiary designation on the accounts, so it will be POD (payable on death) or ITF (in Trust For)? Or, did he name you as a co-signer with authority to manage the account for him? Banks have several ways to help their customers provide access to trusted family members.
If you are NOT a "Joint Owner" now, there is no effect on your asset limit for a Medicaid program. But when the asset does pass to you, the account value gets added to your assets, and your eligibility could be affected.
Talk with an elder law attorney in your state, so you can tell your uncle what he needs to do, to protect your interests, along with his intentions. see more
Question
I have 4 parents that I’m caring for at the same time. They don’t have a lot of money but they don’t qualify f...
Here is a checklist of possible sources for payment and reimbursement for your caregiving work: 1 - At-home care programs provided by... Here is a checklist of possible sources for payment and reimbursement for your caregiving work:
1 - At-home care programs provided by Medicaid in your state;
2 - If one of the parents is a veteran who served during time of war, an Aid and Attendance pension can reimburse for caregiving costs provided by others, including an adult child;
3 - Private payment from the income(s) of the person receiving care;
Start with an elder law attorney in your state who can get specific about the resources, and draft a written agreement to present to the people who are benefitting from your work (or their agent under POA). Without the written contract you are vulnerable. It helps to prevent arguments and misunderstandings with other family members.
A Caregiver Contract can list the organization of care and other services that are being paid for.
Without a written agreement, an 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." see more
1 - At-home care programs provided by Medicaid in your state;
2 - If one of the parents is a veteran who served during time of war, an Aid and Attendance pension can reimburse for caregiving costs provided by others, including an adult child;
3 - Private payment from the income(s) of the person receiving care;
Start with an elder law attorney in your state who can get specific about the resources, and draft a written agreement to present to the people who are benefitting from your work (or their agent under POA). Without the written contract you are vulnerable. It helps to prevent arguments and misunderstandings with other family members.
A Caregiver Contract can list the organization of care and other services that are being paid for.
Without a written agreement, an 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." see more
Question
Can I get paid to care for my grandmother?
Wy not talk to an elder law attorney near you? Medicaid home care programs may be able to pay you for the care you provide. If your... Wy not talk to an elder law attorney near you?
Medicaid home care programs may be able to pay you for the care you provide.
If your grandfather was a veteran who served 1 day during wartime, your grandmother could get Aid & Attendance pension reimbursement to pay for your services. see more
Medicaid home care programs may be able to pay you for the care you provide.
If your grandfather was a veteran who served 1 day during wartime, your grandmother could get Aid & Attendance pension reimbursement to pay for your services. see more
Question
My parents are receiving Medicaid and home care aid. If they move in with me, will they lose their benefits?
Why not talk with an elder law attorney in your state? Your parents may be able to direct payment from their Medicaid home care program to... Why not talk with an elder law attorney in your state?
Your parents may be able to direct payment from their Medicaid home care program to pay you for services you provide. see more
Your parents may be able to direct payment from their Medicaid home care program to pay you for services you provide. see more
Question
Mom (62) receives SSDI, Medicare & Medicaid. Aunt died and left her 33k from her pension and more will come la...
You mentioned that you will be talking with elder law attorneys in your state, and that is the first step toward getting your circumstances... You mentioned that you will be talking with elder law attorneys in your state, and that is the first step toward getting your circumstances under control.
If an attorney is handling your aunt's estate, and your mom hires the elder law attorney, the elder law attorney can give directions on the best way to distribute the estate assets for the benefit of your mother.
If there is no attorney handing your aunt's estate, consider recommending that the family hire a probate - estate settlement attorney.
There's no need to spend the inheritance down to zero, if you get proper advice and guidance from an attorney who knows how to comply with the Medicaid rules in your state.
And for other people reading this column, the way to avoid confusion in future cases would be for Aunt to establish a Testamentary or Supplemental Needs Trust for the benefit of her sister (your mother). Since the Trust assets would be contributed by Aunt, there's no effect on the Trust beneficiary's Medicaid eligibility when Aunt passes and leaves her funds to the Trust, as long at the document is written properly. see more
If an attorney is handling your aunt's estate, and your mom hires the elder law attorney, the elder law attorney can give directions on the best way to distribute the estate assets for the benefit of your mother.
If there is no attorney handing your aunt's estate, consider recommending that the family hire a probate - estate settlement attorney.
There's no need to spend the inheritance down to zero, if you get proper advice and guidance from an attorney who knows how to comply with the Medicaid rules in your state.
And for other people reading this column, the way to avoid confusion in future cases would be for Aunt to establish a Testamentary or Supplemental Needs Trust for the benefit of her sister (your mother). Since the Trust assets would be contributed by Aunt, there's no effect on the Trust beneficiary's Medicaid eligibility when Aunt passes and leaves her funds to the Trust, as long at the document is written properly. see more
Question
My parents will not budge on signing a POA or even fill out an advance directive. Any advice?
Sometimes an appeal to parents' interest in saving money can overcome reluctance to share control of financial and business matters.... Sometimes an appeal to parents' interest in saving money can overcome reluctance to share control of financial and business matters.
You can honestly say: "If you decide not to create Power of Attorney and Health Care directive documents, the only authority to manage your money and health care will have to come from a Court, and that's expensive and takes much more time. It's much less expensive for you to designate who should manage your money and care now, by using these basic documents."
An elder law attorney in your town can help explain all the advantages to them. see more
You can honestly say: "If you decide not to create Power of Attorney and Health Care directive documents, the only authority to manage your money and health care will have to come from a Court, and that's expensive and takes much more time. It's much less expensive for you to designate who should manage your money and care now, by using these basic documents."
An elder law attorney in your town can help explain all the advantages to them. see more
Question
My parents got a settlement after an accident. They are on Medicare. Any advice?
Who paid the settlement to your parents? Did Medicare pay any hospital or medical bills caused by the accident? If Medicare has paid... Who paid the settlement to your parents?
Did Medicare pay any hospital or medical bills caused by the accident?
If Medicare has paid medical expenses, and payment has been or can reasonably be expected to be made under workers comp, or under an automobile or liability insurance policy or plan or under no fault insurance, Medicare considers the payments it make to be conditional, and repayment to "the appropriate Trust Fund" is required.
www.law.cornell.edu/uscode/text/42/1395y
The question you posted here seems to be asking about transfer of asset rules pertaining to Medicaid.
But before considering Medicaid, a first step for you would be to find out who negotiated the settlement. Was Medicare notified? see more
Did Medicare pay any hospital or medical bills caused by the accident?
If Medicare has paid medical expenses, and payment has been or can reasonably be expected to be made under workers comp, or under an automobile or liability insurance policy or plan or under no fault insurance, Medicare considers the payments it make to be conditional, and repayment to "the appropriate Trust Fund" is required.
www.law.cornell.edu/uscode/text/42/1395y
The question you posted here seems to be asking about transfer of asset rules pertaining to Medicaid.
But before considering Medicaid, a first step for you would be to find out who negotiated the settlement. Was Medicare notified? see more
Question
Are there different pay for aid and attendance?
The key concept to remember for VA Aid & Attendance is "reimbursement." The VA is looking to see that you are spending so... The key concept to remember for VA Aid & Attendance is "reimbursement." The VA is looking to see that you are spending so much of your income for medical and care expenses, and they reimburse you for those expenses, up to the monthly Maximum Annual Pension Rate (MAPR) Category amounts .
www.benefits.va.gov/pension/current_rates_survivor_pen.asp
www.benefits.va.gov/pension/current_rates_veteran_pen.asp see more
www.benefits.va.gov/pension/current_rates_survivor_pen.asp
www.benefits.va.gov/pension/current_rates_veteran_pen.asp see more
Question
Is it customary/typical for sensitive info (i.e. SSN, etc.) to appear on a checklist for initial attorney cons...
It is not necessary to disclose your identifying numbers, such as Social Security numbers or bank account numbers, to an elder law attorney... It is not necessary to disclose your identifying numbers, such as Social Security numbers or bank account numbers, to an elder law attorney who is explaining the regulations and your best options for planning. Generic descriptions of just the asset values (bank balances, stock values, etc) are sufficient to prepare an Inventory that you and the attorney can use for planning.
If you do decide to hire the elder law attorney to prepare a Medicaid application, or assist you with estate planning that involves retitling assets, only then you would share an applicant's social security number, or an applicant's account numbers. The attorney would need those numbers to complete the Medicaid application, or work with customer service.
But the attorney wouldn't need identifying numbers for other family members, unless the attorney was assisting the client with beneficiary designations on the client's accounts. Even then, sharing of information about beneficiaries can be limited to the forms filled out and submitted to the financial institutions, or by way of a three way phone call with the customer service department of the financial institution and the client, who keeps the information.
Perhaps the estate planning checklists you were given are obsolete forms from years past, before we became sensitive and aware of the need to protect privacy and avoid collecting data on people.
While dates of birth for the client and their family members may be helpful to understand a client's current and future circumstances, I do not collect the other information you mentioned until there is a specific reason, such as filing a Medicaid application. see more
If you do decide to hire the elder law attorney to prepare a Medicaid application, or assist you with estate planning that involves retitling assets, only then you would share an applicant's social security number, or an applicant's account numbers. The attorney would need those numbers to complete the Medicaid application, or work with customer service.
But the attorney wouldn't need identifying numbers for other family members, unless the attorney was assisting the client with beneficiary designations on the client's accounts. Even then, sharing of information about beneficiaries can be limited to the forms filled out and submitted to the financial institutions, or by way of a three way phone call with the customer service department of the financial institution and the client, who keeps the information.
Perhaps the estate planning checklists you were given are obsolete forms from years past, before we became sensitive and aware of the need to protect privacy and avoid collecting data on people.
While dates of birth for the client and their family members may be helpful to understand a client's current and future circumstances, I do not collect the other information you mentioned until there is a specific reason, such as filing a Medicaid application. see more
Question
My husband has been on the deed to Mom’s house since 2004 and became her POA at the time when she became legal...
In your follow up, you mentioned that son has taken care of mom for several years. Medicaid has a caregiver exception that protects the... In your follow up, you mentioned that son has taken care of mom for several years. Medicaid has a caregiver exception that protects the rights of adult children who live in the home and provide two years or more of home care for a parent who would otherwise have needed care in a facility. This exception takes effect upon the elder's admission to a facility.
You also mentioned that an ownership interest was transferred many years ago, well beyond Medicaid's 5 year look back period for disqualifying transfers.
So there may be many ways for your elder to qualify for Medicaid home care benefits now, and for Medicaid to cover costs in a facility if needed in the future.
Talking with an elder law attorney in your state now can open up all the options for your family. see more
You also mentioned that an ownership interest was transferred many years ago, well beyond Medicaid's 5 year look back period for disqualifying transfers.
So there may be many ways for your elder to qualify for Medicaid home care benefits now, and for Medicaid to cover costs in a facility if needed in the future.
Talking with an elder law attorney in your state now can open up all the options for your family. see more
Question
DPOA in depth; can my Mom call the lawyers to get an understanding of what she signed without my sister being...
Your questions involve many circumstances and emotions that can become escalated during times of transition and declining health. One way... Your questions involve many circumstances and emotions that can become escalated during times of transition and declining health.
One way to approach the problems you are describing is to confirm who represents your parents. The attorney who drafted the documents that your parents signed should be able to confirm that he/she was representing them, and their interests, and that there were no conflicts of interest.
The agency in your state that regulates attorneys can provide information to you about the role of the trusts and estates attorney who advised your parents, and the duties of loyalty and confidentiality that apply. see more
One way to approach the problems you are describing is to confirm who represents your parents. The attorney who drafted the documents that your parents signed should be able to confirm that he/she was representing them, and their interests, and that there were no conflicts of interest.
The agency in your state that regulates attorneys can provide information to you about the role of the trusts and estates attorney who advised your parents, and the duties of loyalty and confidentiality that apply. see more
Question
If you have a POA but do not agree with the POA and you are competent, alert and oriented who has decision mak...
Talk with an elder law attorney in your state. In my state (Massachusetts) a person may revoke a health care proxy by notifying the agent... Talk with an elder law attorney in your state. In my state (Massachusetts) a person may revoke a health care proxy by notifying the agent or a health care provider orally or in writing or by any other act evidencing a specific intent to revoke the proxy.
You are presumed to have the capacity to revoke a health care proxy unless determined otherwise pursuant to court order.
malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter201D/Section7
The laws and cases in your state can give you guidance on what you need to do to express your wishes. see more
You are presumed to have the capacity to revoke a health care proxy unless determined otherwise pursuant to court order.
malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter201D/Section7
The laws and cases in your state can give you guidance on what you need to do to express your wishes. see more
Question
I have a former neighbor, who listed me as her DPOA for for a major surgery-17 years and several moves later s...
You are not the first person who has been designated by a friend or neighbor who has unreasonable ideas about bestowing financial and... You are not the first person who has been designated by a friend or neighbor who has unreasonable ideas about bestowing financial and caregiving responsibilities.
Your advice to your friend that she talk with an elder law attorney is most helpful. You could encourage her with the thought that an elder law attorney in your state can explain the regulations governing how she could keep her house during her lifetime if she does need long term care in the future.
If she continues to decline realistic planning, and the responsibilities are beyond your ability to help, you can explain to her how an elder protective service agency in your area may become involved.
At that point, her case may become subject to guardianship or conservatorship proceedings in a court, and the control that your friend had so earnestly wanted to hold onto will be shifted to professional people who are appointed by the court. see more
Your advice to your friend that she talk with an elder law attorney is most helpful. You could encourage her with the thought that an elder law attorney in your state can explain the regulations governing how she could keep her house during her lifetime if she does need long term care in the future.
If she continues to decline realistic planning, and the responsibilities are beyond your ability to help, you can explain to her how an elder protective service agency in your area may become involved.
At that point, her case may become subject to guardianship or conservatorship proceedings in a court, and the control that your friend had so earnestly wanted to hold onto will be shifted to professional people who are appointed by the court. see more
How can I get a sibling to move out of parents other property so he can receive Medicaid? Story inside...
You didn't mention a Power of Attorney document, which could provide authority to manage and sell real estate. If there is no POA, you can petition your state's probate or surrogate court for authority to manage and sell assets.
Your sibling would get notice of any court proceedings, and may oppose what you are trying to do.
If you contact an elder law attorney in your state who has experience with real estate and probate procedures, you can get ideas on how to begin solving the problems. The no-rent tenant living in your father's real estate, eligibility for at-home care payments from Medicaid, and reimbursement for your care giving work should be on your list of questions. see more