Is it legal to pay a family member to care for a parent from the parents assets?

Q: My mother has Alzheimer’s and needs help caring for herself. She is mobile but needs help with meal prep, bathing and going to the bathroom. She did fall a couple times earlier this year and did get lost in her apartment complex. Doctors said she should not be alone. My brother has been staying with her since April. Can he be paid from her assets (20 thousand?) in order to get her closer to the Medicaid limit of $2000?

A: Any payment of caretaker funds must be done in accordance with Medicaid guidelines for spend down limits. An elder law attorney will know how to accomplish this for you. If you do it on your own, you may risk a penalty and possible Medicaid ineligibility.

Defamation – Slander per-se? Do I have a case?

A: A co-worker of mine spread a nasty rumor at work that I have a loathsome disease, which is not true. She also keeps talking about my breast augmentation, to other workers and our clients. I am experiencing such distress. What are the steps I need to do to take action? Thank you.

A: You need to prove that she said this (liability) and damages that you have suffered. Your damages need to be quantifiable, meaning you may need to prove that you treated and incurred costs of therapy or suffered some type of measurable damage to your image in the work environment or in the public eye. You may want to see if your employer has an option. If it is a bigger company, the HR department may mediate this and take action against the person. The only way to determine if you have a case is to sit down with a personal injury lawyer or employment lawyer and go over all of the facts.

 

 

Do we need a lawyer? My husband has dementia.

Q: My ex husband has dementia, cancer and emphysema. He is in a nursing home, temporarily. My two daughters who will oversee him are both disabled and really need advice on what to do. Do they need a lawyer? They are overwhelmed and don’t know what to do. Thank you.

A: You should speak with an elder law estate attorney immediately. You may need to find another POA or Guardianship Petition, other than your children. If you cannot find such person or another family member or trusted friend, the court can appoint an agency to do this. You really need to discuss these options and other concerns, such as Medicaid, with an experienced estate attorney.

 

Can this lawyer really do this to me?

Q: I’ve been trying to get this lawyer to take her name off of my case since November. They have been charging ever since, even the time spent in telling them they are fired. I now have a court hearing with the judge next Tuesday to do this. Today, I get this letter in the email saying effective January 1st  they are raising all their prices. This cannot be legal.

A:  The attorney has to file a Praecipe to Withdraw his or her appearance to officially be off the case. In some matters, like in Orphan’s Court or Criminal Court, the courts not only require a Praecipe to Withdraw from the old attorney, but require a Praecipe to Enter Appearance by the new attorney. Since I have no idea what type of case this is, I am not sure the judge needs to approve or sign off on the withdrawal. I am not sure what the hearing before the judge is about but perhaps at that time, the judge will let your attorney to withdraw her appearance. I would send a certified letter to the attorney stating that you no longer need their services as of the date you originally told them. If they sue you for services performed after you fired them, you can use your letter as a defense.

Can wife preserve half of couple’s savings from Medicaid?

Q: If a husband has Alzheimer’s disease, is it true that only half of a couple’s savings need go to memory care before Medicaid takes over? He is in a very nice memory care home but I am afraid we will run out of money and was told that when his half is used up he could go on Medicaid.

A:  It is somewhat of an oversimplification of the issues, but not far off point. Medicaid looks at the combined marital estate and as the community spouse (he is the institutionalized spouse) you can shelter the home and a share of the other assets. Under the guidance of an experienced attorney versed in Medicaid regulations, you may be able to shelter one-half or more of your marital estate.

Can my lawyer keep my will from me?

Q: Does a lawyer have to provide me with a copy of my will that was drawn up by myself and the lawyer? Do I have a right to a copy of my will? I asked my lawyer for copy of my will so I could review it. He will review with me in office but refuses to give me copy of my will. Can he refuse to give?

A: Sounds weird. My understanding is that your will is your property, as you paid the attorney to draft it. If he or she is holding it for a good reason, for example if you are mentally unstable and prone to make sudden impulsive decisions that you later regret, he or she may have a good reason. However, like I said, it is your property. If nothing like that is going on here, and he or she won’t give it to you after you request, just go do another will with a new lawyer.  The new will revoke the old will.

 

I have a shy bladder. Will they still make me do urine screens?

Q: I’m on probation in PA and have a shy bladder that doesn’t allow me to give urine around people. Is there anything I can do? As I said I have a condition where I simply cannot urinate in presence of people. I understand this is an excuse given by many people who simply do not want to give a “hot” urine. This however is not my case. Legally, can they violate me for my condition? I really need some help. (Venetia, PA)

A: The Probation Officer, and even likely the court, will not believe you. You will need your doctor to put this condition of yours in writing. If your doctor does this and his opinion sounds credible to the court, perhaps an alternative can be offered for you. However, I must caution you, that I have clients and am around people who are ordered to be tested in Family Court and Criminal Court. I have never seen anyone get out of testing with this argument. Again, I think you will need a letter from a physician.

Can I suppress a statement in juvenile court?

Q: Can I suppress a statement in juvenile court? When I first got arrested I was being tried as an adult and my miranda rights were violated when they questioned me and I incriminated myself.They ended up sending me to juvenile court because of a plea but looking at the evidence, I see I can beat this case because the only evidence against me is the statement.

A: The same constitutional rights that apply in adult court apply in juvenile court. Review the case with an attorney. If he or she feels it is advisable, he or she will file a suppression motion and challenge the legality of the statement you allegedly gave. If the statement is in fact the only evidence against you, you may have a Habeas Corpus defense or a cognizable suppression issue. Either, could conceivably lead to the case being dismissed or withdrawn.

Can my sister in law prevent me from visiting my mother?

Q: In September my Mother was moved from an independent living facility to my brother’s house. My brother is now working out of state. In November my sister in law told me that my mother really wanted to see me. I told my sister in law I would visit for a week and she said that was fine. In December in went to visit. My sister in law was very rude to me. I told my mother I might leave after 3 days and she begged me to stay. The next day my sister in law called the police and had me removed. I would talk to my mother after that and she always asked, ‘when are you going to come see me’? Six weeks ago, in April, I told my mother what happened in December and my sister in law yanked the phone from my mother, yelled at me, and hung up. I haven’t talked to my mother since. Can my sister in law do this? (Mt. Lebanon, PA)

A: If you truly believe there is elder abuse, you can call adult protective services and they may do a wellness visit. You really should consult with a local elder law attorney about the merits of you becoming your mother’s guardian. This would involve a court proceeding called a guardianship hearing in which you would petition to become her guardian over any other child in your family. A judge would decide who should be a guardian at the conclusion of the case. Your attorney would have to serve your brother and any other siblings, with a copy of the Petition for Guardianship and notify them that they have a right to come to court and argue their side of the story, prior to the hearing. Your mother would have to be given a copy of the petition and notified as to what was happening. It can be an adversarial hearing unless the family agrees who should be guardian, prior to the court proceeding. Again, you need to consult with a lawyer and review all of the facts.

If I get married will I lose my Medicaid benefits?

Q: When a 65 year old woman gets married can she lose her Medicaid benefits? My prospective husband does not make a good income.

A: Yes. Medicaid eligibility depends on income and resource and income and assets from one spouse can be attributed to the other spouse, in some cases. If you marry, your spouse’s income and resources could [but may not] cause you to lose Medicaid. Consult an elder law attorney to learn your options.