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
How do I remove a parent with dementia as trustee of family trust?
Does the Trust document contain instructions on how to handle the Trustee's lack of competence. Is there an incompetent trustee clause?... Does the Trust document contain instructions on how to handle the Trustee's lack of competence. Is there an incompetent trustee clause?
A similar story is told in the case of billionaire Donald Sterling:
https://www.agingcare.com/articles/removing-a-trustee-donald-sterling-case-170825.htm
A Probate a Estate Settlement lawyer can help you identify your options. see more
A similar story is told in the case of billionaire Donald Sterling:
https://www.agingcare.com/articles/removing-a-trustee-donald-sterling-case-170825.htm
A Probate a Estate Settlement lawyer can help you identify your options. see more
Question
My mom doesn't have a power of attorney, guardianship and other important documents in place for her well bein...
As other posters point out, answers depend on your Mom's current competence. The primary purpose of a Durable Power of Attorney is to... As other posters point out, answers depend on your Mom's current competence. The primary purpose of a Durable Power of Attorney is to eliminate the need to appoint a Conservator in the event a person becomes incapacitated. Conservatorship is a public court proceeding. It requires filing fees and public notices published in the newspaper. The Conservator's accountings for an incapacitated person's assets and income are reviewed by the Probate Court. The accounts are open to inspection by anyone who walks into the Registry of Probate and asks to see a file.
Just as the Power of Attorney gives your Agent the authority to take care of assets and business transactions, the Health Care Proxy or Advance Directive for Health Care is designed to avoid the need for appointment of a Probate Court Guardian to take responsibility for medical care and medication. That is because the proxy document gives to a Health Care Agent the authority to tell doctors and health care providers how to take care of the "principal" who signed the document.
If your Mom is able to understand and sign these documents, she can avoid Conservatorship and Guardianship. If she does not have competence, you may need to get authority through Court proceedings like Guardianship or Conservatorship. see more
Just as the Power of Attorney gives your Agent the authority to take care of assets and business transactions, the Health Care Proxy or Advance Directive for Health Care is designed to avoid the need for appointment of a Probate Court Guardian to take responsibility for medical care and medication. That is because the proxy document gives to a Health Care Agent the authority to tell doctors and health care providers how to take care of the "principal" who signed the document.
If your Mom is able to understand and sign these documents, she can avoid Conservatorship and Guardianship. If she does not have competence, you may need to get authority through Court proceedings like Guardianship or Conservatorship. see more
Question
Would an Eldercare Attorney or the Trust Department of my bank be better to act as the Executor of my Will? N...
Don't tell us here on the forum, but the answer to your question depends on the value of your estate, the type of assets that you own,... Don't tell us here on the forum, but the answer to your question depends on the value of your estate, the type of assets that you own, and whether your Will is going to establish a Testamentary Trust that would continue to hold assets into the future.
If you have a large estate with assets like stock, bonds and securities, a bank trust department would be interested in working with you. The professional fiduciary services offered by a trust department would be needed if you want to gradually distribute assets to people over a period of years following your death. Their fees are based on the value of the estate.
If you have a smaller estate and/or most of your wealth is in the form of your house or other real estate, an individual attorney or law firm could be a good choice. An attorney acting as fiduciary is able to work on the estate at an hourly rate. If the estate assets are to be sold and the proceeds distributed to friends, family or charity, an attorney can handle the arrangements efficiently.
In my state (Massachusetts) the Attorney General's Office provides an extra layer of review if the Will designates any of the estate assets to go to a charity.
Many bank trust departments are reluctant to take on estates and trusts involving real estate, especially small estates that hold residential real estate. The trust department fee schedule doesn't fit well with managing and liquidating real property.
In addition to a Will, consider a Living Trust which would own your assets during your lifetime, and distribute your assets to the people and/or charities you designate upon your death. You are the Trustee during your lifetime, and a Successor Trustee steps up if you become disabled and/or upon your passing. see more
If you have a large estate with assets like stock, bonds and securities, a bank trust department would be interested in working with you. The professional fiduciary services offered by a trust department would be needed if you want to gradually distribute assets to people over a period of years following your death. Their fees are based on the value of the estate.
If you have a smaller estate and/or most of your wealth is in the form of your house or other real estate, an individual attorney or law firm could be a good choice. An attorney acting as fiduciary is able to work on the estate at an hourly rate. If the estate assets are to be sold and the proceeds distributed to friends, family or charity, an attorney can handle the arrangements efficiently.
In my state (Massachusetts) the Attorney General's Office provides an extra layer of review if the Will designates any of the estate assets to go to a charity.
Many bank trust departments are reluctant to take on estates and trusts involving real estate, especially small estates that hold residential real estate. The trust department fee schedule doesn't fit well with managing and liquidating real property.
In addition to a Will, consider a Living Trust which would own your assets during your lifetime, and distribute your assets to the people and/or charities you designate upon your death. You are the Trustee during your lifetime, and a Successor Trustee steps up if you become disabled and/or upon your passing. see more
Question
Who determines caregiver pay when POA is the caregiver? Any tips?
As mentioned by another community member, an elder who pays a family member for care could be disqualified from Medicaid coverage if they... As mentioned by another community member, an elder who pays a family member for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Your state's Medicaid agency could view the payments as disqualifying transfers. A written agreement, with records of payment to you, would provide verification to the Medicaid agency that the payments are not disqualifying, and that the payments provided value to your mother.
In my state (Massachusetts) you can not make retroactive payments for work done before the Caregiver Contract is in force, ad expect Medicaid to honor the Contract.
Other reasons to create a written Contract are the vultures you mentioned. Without a written agreement, the family member(s) providing the care are vulnerable. The Caregiver Contract recognizes and rewards the time and effort that you give to care, and helps to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, 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. The Caregiver Contract can include a written organization of care and other services.
Talk with an elder law attorney in your area to prepare the document that serves your mother's interests. see more
In my state (Massachusetts) you can not make retroactive payments for work done before the Caregiver Contract is in force, ad expect Medicaid to honor the Contract.
Other reasons to create a written Contract are the vultures you mentioned. Without a written agreement, the family member(s) providing the care are vulnerable. The Caregiver Contract recognizes and rewards the time and effort that you give to care, and helps to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, 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. The Caregiver Contract can include a written organization of care and other services.
Talk with an elder law attorney in your area to prepare the document that serves your mother's interests. see more
Question
How can I become power of attorney for my father who has late stage dementia?
Talk with an Elder Law attorney in your state. If your father has lost capacity to make financial or health care decisions, you will need... Talk with an Elder Law attorney in your state. If your father has lost capacity to make financial or health care decisions, you will need the authority of a Court to manage his affairs, unless he designated an alternate person to step up and serve as his agent.
Probate Court Guardianship supervises a person's medical care. Conservatorship oversees a person's financial matters. If an elder loses the ability to communicate informed decisions, someone else must speak for that person. If you are willing to serve, you can petition to ask the Court to give you authority. But there are costs and time commitments. An Elder Law Attorney in your state can explain your options. If your father is needy, there may be programs in your state that provide legal services and professional guardianship services. But you have to consider the loss of control that goes with assenting to have others act on behalf of your loved one. see more
Probate Court Guardianship supervises a person's medical care. Conservatorship oversees a person's financial matters. If an elder loses the ability to communicate informed decisions, someone else must speak for that person. If you are willing to serve, you can petition to ask the Court to give you authority. But there are costs and time commitments. An Elder Law Attorney in your state can explain your options. If your father is needy, there may be programs in your state that provide legal services and professional guardianship services. But you have to consider the loss of control that goes with assenting to have others act on behalf of your loved one. see more
Question
Can the contents of a will be included in a power of attorney?
Your Will should be coordinated with your Power of Attorney, but don't confuse the purposes of these two essential planning documents.... Your Will should be coordinated with your Power of Attorney, but don't confuse the purposes of these two essential planning documents.
POA designates a person to act for you during your lifetime; but the power ends at the moment you pass on into eternity.
Your Will gives instructions to your Personal Representative about how your assets should be distributed upon your death.
Many people decide to use Will substitutes (beneficiary designations on insurance policies and retirement accounts, In Trust For on bank accounts, and Joint Ownership) to avoid the need to probate a Will.
You can coordinate all of these methods work together to accomplish your intentions. Talk with an Estate Planning Attorney who also understands Elder Law, and you can learn how to protect yourself and the people you love. see more
POA designates a person to act for you during your lifetime; but the power ends at the moment you pass on into eternity.
Your Will gives instructions to your Personal Representative about how your assets should be distributed upon your death.
Many people decide to use Will substitutes (beneficiary designations on insurance policies and retirement accounts, In Trust For on bank accounts, and Joint Ownership) to avoid the need to probate a Will.
You can coordinate all of these methods work together to accomplish your intentions. Talk with an Estate Planning Attorney who also understands Elder Law, and you can learn how to protect yourself and the people you love. see more
Question
Is long-term care insurance worth it?
Long Term Care Insurance is a valuable part of an estate plan for people who have substantial assets, savings and income. If you do not... Long Term Care Insurance is a valuable part of an estate plan for people who have substantial assets, savings and income. If you do not have substantial assets and income to fund the premiums, consider other long term care planning methods.
The National Association of Insurance Commissioners publishes a Shopper’s Guide that outlines what to look for in a LTC Insurance policy. Compare policy offerings and consider:
What are the policy's limitations on home care? Are Home Care Costs Covered at all? How may days per week? What Services are Covered?
Does the policy pay family members for care giving?
Does the policy pay for 24 hour a day home care? (most do not)
What level of physical and mental impairment does it take to get the policy to pay benefits? Eligibility for coverage is based on whether or not a person can perform Activities of Daily Living. Make sure you understand the policy’s definition of ADL's. People who are unable to perform these Activities of Daily Living, and who can't obtain adequate nutrition, usually require a caregiver to support them from 12 to 24 hours each day. ADL's include: Dressing
Bathing
Toileting
Eating
Walking
Shoppers Guide is at:
https://www.ltcfeds.com/epAssets/documents/NAIC_Shoppers_Guide.pdf
(Don't confuse ADL's with Independent ADL's, which are the activities that enable a person to live independently in a house or apartment, such as: preparing meals, performing housework, taking medication, going on errands, managing finances, and using a telephone.)
My state, Massachusetts, is unique because it has a Long Term Care Insurance incentive program that exempts an elder’s home from Medicaid liens, and protects the home from estate recovery. No other state in the union has this protection. three important features that must be found in the policy: 1) coverage for at least two years of long term care, and 2) a daily benefit dollar amount of $125 and 3) elimination period (days on which services are provided to an insured before the policy begins to pay benefits) not longer than 365 days in a nursing facility or a deductible of no more than $54,750.
Because the Massachusetts law measures these requirements at the time the policy is purchased, elders can use the qualifying insurance policy to pay for community-based home care before they enter a nursing home, without fear of being disqualified by the two year requirement. The purpose of the law is to protect elders who use their long term care insurance for community-based care, so they can remain in their homes as long as possible. see more
The National Association of Insurance Commissioners publishes a Shopper’s Guide that outlines what to look for in a LTC Insurance policy. Compare policy offerings and consider:
What are the policy's limitations on home care? Are Home Care Costs Covered at all? How may days per week? What Services are Covered?
Does the policy pay family members for care giving?
Does the policy pay for 24 hour a day home care? (most do not)
What level of physical and mental impairment does it take to get the policy to pay benefits? Eligibility for coverage is based on whether or not a person can perform Activities of Daily Living. Make sure you understand the policy’s definition of ADL's. People who are unable to perform these Activities of Daily Living, and who can't obtain adequate nutrition, usually require a caregiver to support them from 12 to 24 hours each day. ADL's include: Dressing
Bathing
Toileting
Eating
Walking
Shoppers Guide is at:
https://www.ltcfeds.com/epAssets/documents/NAIC_Shoppers_Guide.pdf
(Don't confuse ADL's with Independent ADL's, which are the activities that enable a person to live independently in a house or apartment, such as: preparing meals, performing housework, taking medication, going on errands, managing finances, and using a telephone.)
My state, Massachusetts, is unique because it has a Long Term Care Insurance incentive program that exempts an elder’s home from Medicaid liens, and protects the home from estate recovery. No other state in the union has this protection. three important features that must be found in the policy: 1) coverage for at least two years of long term care, and 2) a daily benefit dollar amount of $125 and 3) elimination period (days on which services are provided to an insured before the policy begins to pay benefits) not longer than 365 days in a nursing facility or a deductible of no more than $54,750.
Because the Massachusetts law measures these requirements at the time the policy is purchased, elders can use the qualifying insurance policy to pay for community-based home care before they enter a nursing home, without fear of being disqualified by the two year requirement. The purpose of the law is to protect elders who use their long term care insurance for community-based care, so they can remain in their homes as long as possible. see more
Question
Where can I find elder law attorneys?
Right here on this website, Agingcare.com.
https://www.agingcare.com/local/elder-law-attorneys
https://www.agingcare.com/local/elder-law-attorneys
Question
If you make too much money to qualify for Medicaid, but not enough to pay for care, does this mean only the we...
The place to go for a good answer to your question is: the office of an Elder Law Attorney in your state. The Elder Law Attorney can... The place to go for a good answer to your question is: the office of an Elder Law Attorney in your state. The Elder Law Attorney can explain how the Medicaid program can help your parents.
If the problem is "over - under" (meaning an income amount that is "over" the monthly amount that Medicaid would pay for care in a nursing home, but under the amount that is needed to pay the nursing home's "private pay" rate), the Elder Law Attorney can help your parents plan a monthly spend down program that will bring them into compliance with Medicaid regulations in your state.
If the problem is that your father can't afford memory care and an assisted living facility that can also accommodate your mother, consider whether home care can fill the gap. Again, the Elder Law Attorney should be familiar with home care programs that provide hours of care to supplement services provided by you or family members.
Guessing about your circumstances here can't provide specific solutions. An Elder Law Attorney can bring you understanding all of your options, if you take the time to explain your circumstances. see more
If the problem is "over - under" (meaning an income amount that is "over" the monthly amount that Medicaid would pay for care in a nursing home, but under the amount that is needed to pay the nursing home's "private pay" rate), the Elder Law Attorney can help your parents plan a monthly spend down program that will bring them into compliance with Medicaid regulations in your state.
If the problem is that your father can't afford memory care and an assisted living facility that can also accommodate your mother, consider whether home care can fill the gap. Again, the Elder Law Attorney should be familiar with home care programs that provide hours of care to supplement services provided by you or family members.
Guessing about your circumstances here can't provide specific solutions. An Elder Law Attorney can bring you understanding all of your options, if you take the time to explain your circumstances. see more
Question
My older sister took POA over my mother who has early stages of Alzheimer's. Can we get this revoked?
Talk with the elder protective services agency if your area, and ask for help to protect your Mom. The agency may be able to provide legal... Talk with the elder protective services agency if your area, and ask for help to protect your Mom. The agency may be able to provide legal services, leading to appointment of a Guardian and Conservator to take over the duties of financial management for your Mom. Your state may have a program that pays for a Court appointed fiduciary to manage your Mom's money.
If you can afford to consult an Elder Law Attorney in your city or town, ask about procedures in your state for Court appointed surrogate to take over the work of managing for your Mom. You could try to file the Court Petition yourself, but the attention required will take away from the time you are providing to protect the person you are most concerned about.
Your family should remember that once the Courts becomes involved, these problems will no longer be private matters among you. Substantial amounts of information can become part of the public record. see more
If you can afford to consult an Elder Law Attorney in your city or town, ask about procedures in your state for Court appointed surrogate to take over the work of managing for your Mom. You could try to file the Court Petition yourself, but the attention required will take away from the time you are providing to protect the person you are most concerned about.
Your family should remember that once the Courts becomes involved, these problems will no longer be private matters among you. Substantial amounts of information can become part of the public record. see more
Question
Can my landlord not allow me a caretaker for 12 months as prescribed by my doctor?
Your question doesn't mention the details of the problem with your Landlord, but it sounds like you may be describing a conflict over a... Your question doesn't mention the details of the problem with your Landlord, but it sounds like you may be describing a conflict over a live-in care.
Gather the facts of your situation, and contact the legal aid office in your city or town. Ask for an attorney who is experienced with Landlord Tenant law. There may be remedies available to you under federal and state laws that protect people who have disabilities. see more
Gather the facts of your situation, and contact the legal aid office in your city or town. Ask for an attorney who is experienced with Landlord Tenant law. There may be remedies available to you under federal and state laws that protect people who have disabilities. see more
Question
I can't afford a lawyer, what can I do?
Ask the Council of Aging or senior center in your town, or your local ASAP (Aging Services Access Point), for a referral to an elder law... Ask the Council of Aging or senior center in your town, or your local ASAP (Aging Services Access Point), for a referral to an elder law attorney or legal services agency.
The local agency that handles elder abuse may be able to consider whether there are grounds for investigation or intervention.
Your status as Attorney in Fact under the POA may become confused if an agency or Court determines that intervention is needed.
It may become difficult for you to anticipate all of the possible results of your brother's actions, without an attorney to represent you, as you try to protect your father's interests.
Consider whether you can get financial help from other family members, to retain private counsel. see more
The local agency that handles elder abuse may be able to consider whether there are grounds for investigation or intervention.
Your status as Attorney in Fact under the POA may become confused if an agency or Court determines that intervention is needed.
It may become difficult for you to anticipate all of the possible results of your brother's actions, without an attorney to represent you, as you try to protect your father's interests.
Consider whether you can get financial help from other family members, to retain private counsel. see more
Question
Is a personal contract required to take care of a parent?
Your question comes up frequently and your can find more answers here:... Your question comes up frequently and your can find more answers here:
https://www.agingcare.com/questions/mother-gave-me-access-to-checking-account-did-we-need-contract-431262.htm
https://www.agingcare.com/questions/mother-to-pay-2000-a-month-to-live-in-home-182257.htm
You can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
https://www.agingcare.com/questions/mother-gave-me-access-to-checking-account-did-we-need-contract-431262.htm
https://www.agingcare.com/questions/mother-to-pay-2000-a-month-to-live-in-home-182257.htm
You can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Question
If an elderly person added someone to their bank account, can they have them removed?
The story about your friend serves as a strong warning to people who are thinking about Joint Ownership as an inexpensive way to plan for... The story about your friend serves as a strong warning to people who are thinking about Joint Ownership as an inexpensive way to plan for future disability.
Some of the cost of your friend's lesson might be recovered, if your friend hires an attorney to pursue the Godson with a legal action for conversion of your friend's funds.
But there would be costs of investigating Godson's whereabouts and his assets, plus the attorney fees and court costs of pursuing the culprit. People who take advantage of elders are likely to be "judgment proof" themselves by virtue of their own financial practices. An attorney in your state could assess whether it is worth going after Godson.
For those who read this story: avoid Joint Ownership. Consider the risks:
you may be setting up income tax problems;
transfers will have to be undone you if you need Medicaid to pay for Nursing Home care within 5 years after the transfer, and as Godson demonstrated, transfers can happen without your knowledge;
your Joint Owner could go into bankruptcy, dragging your money with them;
your Joint Owner could get divorced, dragging your money into the divorce proceedings;
your Joint Owner could have a serious accident, leaving your money subject to recovery by the injured party;
you may come to your senses and decide you don't want the Joint Owner having hooks in your money, but they refuse to sign off the account.
The good news is: you can plan for future disability with a Trust that specifically lists the powers and duties of the Trustee. The Trustee remains liable for any action he or she takes, and the Trustee must account to you and any other surrogate you designate, to keep track of what the Trustee is doing.
Even a Power of Attorney document that requires accounting by the person you designate as agent is better than signing over a bank account to a Joint Owner. see more
Some of the cost of your friend's lesson might be recovered, if your friend hires an attorney to pursue the Godson with a legal action for conversion of your friend's funds.
But there would be costs of investigating Godson's whereabouts and his assets, plus the attorney fees and court costs of pursuing the culprit. People who take advantage of elders are likely to be "judgment proof" themselves by virtue of their own financial practices. An attorney in your state could assess whether it is worth going after Godson.
For those who read this story: avoid Joint Ownership. Consider the risks:
you may be setting up income tax problems;
transfers will have to be undone you if you need Medicaid to pay for Nursing Home care within 5 years after the transfer, and as Godson demonstrated, transfers can happen without your knowledge;
your Joint Owner could go into bankruptcy, dragging your money with them;
your Joint Owner could get divorced, dragging your money into the divorce proceedings;
your Joint Owner could have a serious accident, leaving your money subject to recovery by the injured party;
you may come to your senses and decide you don't want the Joint Owner having hooks in your money, but they refuse to sign off the account.
The good news is: you can plan for future disability with a Trust that specifically lists the powers and duties of the Trustee. The Trustee remains liable for any action he or she takes, and the Trustee must account to you and any other surrogate you designate, to keep track of what the Trustee is doing.
Even a Power of Attorney document that requires accounting by the person you designate as agent is better than signing over a bank account to a Joint Owner. see more
Question
My mother gave me access to her checking account when I took care of her. Did we need to draw up a personal co...
As another Agingcare.com community member has already mentioned, your question now is really about whether any Third Parties (other family... As another Agingcare.com community member has already mentioned, your question now is really about whether any Third Parties (other family members, government agencies, creditors) will come forward and question any payments you disbursed to yourself when your mother was living.
Without a written agreement, family members like you who provide care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort devoted to care, and it helps to prevent arguments and misunderstandings among other family members.
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. A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, 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."
For peace of mind now, talk with a Probate lawyer in your state, to go over any details of your mother's estate that may need to be settled.
Your question serves as a gentle reminder for people who are now caring for loved ones. They can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, and documents 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, the Contract can be an effective way to manage details, for those who want to focus their energy on the needs of the person they are caring for. see more
Without a written agreement, family members like you who provide care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort devoted to care, and it helps to prevent arguments and misunderstandings among other family members.
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. A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, 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."
For peace of mind now, talk with a Probate lawyer in your state, to go over any details of your mother's estate that may need to be settled.
Your question serves as a gentle reminder for people who are now caring for loved ones. They can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, and documents 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, the Contract can be an effective way to manage details, for those who want to focus their energy on the needs of the person they are caring for. see more
Question
Can a quitclaim deed be revoked if my brother tricked my mother into signing?
It's possible to prove a real estate conveyance is invalid because of undue influence, duress, or fraud. But you'll need evidence.... It's possible to prove a real estate conveyance is invalid because of undue influence, duress, or fraud. But you'll need evidence. Talk with an Attorney in your State who knows the standards of proof. The Attorney will give you a realistic view of the case.
The courts won't give relief if the case is only a matter of your mom changing her mind. An example of that is in this AgingCare.com article: Exercise Caution when Considering a Life Estate Deed
https://www.agingcare.com/articles/exercise-caution-when-considering-a-life-estate-deed-195161.htm see more
The courts won't give relief if the case is only a matter of your mom changing her mind. An example of that is in this AgingCare.com article: Exercise Caution when Considering a Life Estate Deed
https://www.agingcare.com/articles/exercise-caution-when-considering-a-life-estate-deed-195161.htm see more
Question
Father with Alzheimer's has offered to pay me for his care instead of going to a nursing home. How much should...
In addition to the article and sample Caregiver Agreement posted here on AgingCare.com, talk with an Elder Law Attorney in your state. The... In addition to the article and sample Caregiver Agreement posted here on AgingCare.com, talk with an Elder Law Attorney in your state. The Attorney should be up to date on the rate of compensation accepted by your State's Medicaid Agency, so that your father won't be disqualified from Medicaid if he needs if in the future. The Attorney should also be able to help your father to qualify for Medicaid home care programs available in your State. see more
Question
I care for my uncle that is disabled. Is there any financial help for me?
Talk with an Elder Law Attorney in your state. Medicaid has home care programs that may make it possible for you to continue providing... Talk with an Elder Law Attorney in your state. Medicaid has home care programs that may make it possible for you to continue providing care for your uncle. Is he a veteran? If yes, check on Aid & Attendance pension, starting with many articles here on AgingCare.com see more
Question
Should I build an in-law suite and move mom here?
Talk with an Elder Law Attorney and a Geriatric Care Manager in your state, to get realistic views on whether you and your husband could... Talk with an Elder Law Attorney and a Geriatric Care Manager in your state, to get realistic views on whether you and your husband could match the level of care being provided by the Assisted Living Staff.
If a home care plan is possible, the Elder Law Attorney can explain how you can be paid for the services you provide to your mom. To budget for any home improvements you need to make to accommodate your mom, ask about these planning documents:
Caregiver Contract
Rental Agreement
Home care reimbursement from Medicaid programs in your state
If these arrangements are made properly now, your mom won't become subject to Medicaid penalties caused by disqualifying transfers of money to you.
Whether the home care option can work will depend on how much care your mom will need, and how much money she has to work with. see more
If a home care plan is possible, the Elder Law Attorney can explain how you can be paid for the services you provide to your mom. To budget for any home improvements you need to make to accommodate your mom, ask about these planning documents:
Caregiver Contract
Rental Agreement
Home care reimbursement from Medicaid programs in your state
If these arrangements are made properly now, your mom won't become subject to Medicaid penalties caused by disqualifying transfers of money to you.
Whether the home care option can work will depend on how much care your mom will need, and how much money she has to work with. see more
What about a revocable trust, does that help at all, i.e. Medicaid, LTC, etc.
Because the Grantor, or their agent, can revoke the trust and/or withdraw the money, the funds are available to pay for care.
If the Grantor needs long term care, Medicaid will consider anything in the Revocable Living Trust to be excess assets, and the RLT would have to be spent down before Medicaid approve an application for long term care benefits.
There are circumstances where assets in an RLT would not disqualify another trust beneficiary who was not the Grantor. So RLT's can be useful in planning for family members. You are best served by talking with an trusts and estates attorney or elder law attorney in your state, who can explain how you can use trust planning to protect your family. see more