Is There a Way to Prevent Trust Income from Going to a Nursing Home?

I wanted to set up a trust for Medicaid planning purposes, so that I can prevent the rental income generated from my home from going to a nursing home to pay for my care. But I read that the income from an irrevocable trust will go to the nursing home to compensate for my care. Is there a way to prevent the income from...

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Does the Agent Under a Medical POA Have the Right to Get Information from the Agent Under a Financial POA?

As an agent under a medical power of attorney (POA), do I have the right to see my father’s financials? The agent under the financial POA, who is my brother, has never revealed any financial information even though my dad requested it multiple times. Now my dad is not able to make decisions for himself. My brother has...

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How Soon Before My Mom Runs Out of Money Should She Apply for Medicaid?

My 96-year-old mother was just told by her doctor that she can no longer live by herself and has to move to a nursing home. She has approximately $58,000 in savings and checking accounts. If she is admitted to a nursing home next week, when does she apply for Medicaid? As soon as she is admitted or after she spends dow...

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Can a Nursing Home Redirect a Resident’s Social Security Without Notifying the Resident’s Agent Under a Power of Attorney?

My mother has been in the same nursing home for over a year. I am her agent under a power of attorney and have been handling her finances. In July I noticed that her Social Security has not been deposited in her checking account. I found out that the nursing home had the Social Security sent directly to them. Shouldn't...

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Does Medicaid Have a Right to My Late Father-in-Law’s Life Insurance Policy?

My father-in-law had dementia and had to go into a nursing home after his wife passed away unexpectedly. He owned no property (house, vehicles, or savings, etc.). He applied for Medicaid to pay for the nursing home. As far as we knew, he had no life insurance, but when he passed recently, we found out he did in fact ha...

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What Can I Do If the Executor of the Will Does Not Follow the Decedent’s Wishes?

What do I do if the executor of the will never contacted the beneficiaries of the will and didn’t follow the decedent’s wishes?

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My Mother Died and the Nursing Home Is Sending Me Bills. Do I Have to Pay Them?

My mother passed away after contracting COVID-19 at the nursing home where she was living. We'd been trying for months to get her qualified for Medicaid, but she didn't qualify until after she'd passed away. Medicaid only paid for part of the nursing home charge, as her name was on a joint account with my dad (despite...

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As Their Agent Under a POA, Can I Continue My Parents’ Usual Gifting of Money to Family at Christmas?

My parents both have dementia and live in a nursing home. We are paying privately and will be out of funds in about two years. My parents have always given cash as Christmas gifts to each child, child's spouse, and grandchildren. Each child and spouse usually gets $100, and each grandchild gets $50. They have seven kid...

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Are There Notification Requirements When an Assisted Living Facility Makes Changes to Living Arrangements or Costs?

My sister is living in an assisted living facility. What are the notification requirements, if any, when the facility increases in cost or moves a resident into another room? Does my sister have any rights before the changes take place?

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Can I Transfer My Grandmother’s Car to My Name Without Causing a Medicaid Penalty Period?

An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken by estate recovery after she passes? I was told to do a title transfer from her name to mine after sh...

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