Tag Archives: ELDER LAW

Can I sign my father out? What are my rights as POA?

Q: My father was hospitalized at a local hospital for pneumonia and a urinary tract infection and insomnia. He was taken off his dementia and depression medication and all his meds. They gave him sleeping pills to sleep for 2days. They told us they could not put him back on his dementia meds because they did not have geriatric psychologist on staff so we had to transfer him to another hospital so we did two weeks-ago. All they have done is put him on new medication. Which he was fine. Today I had made arrangements to have him discharged at 3pm, Early this week he had intestinal virus there that I found out 4 other patients had now they think he has another UTI. They tested him for it on Tuesday morning but have not given him any medication for it. They had made plans to orders melds for us. At 1:30 today they called and said they could not release him because they did not have results for UTI. What are my rights to sign him out of there with our Power of Attorney and get his new medication prescriptions? Personally, I think it is a numbers game for this hospital because they lost all their patients this week and only have six patients and many available beds. Please help!

A: If the Power of Attorney authorizes you to admit and discharge him from a hospital, you should have no problem. If it does not, you should ask the hospital if you, with your next of kin status, can do so. My thought is that if you are acting as next of kin, you should be able to do so. You should not have him discharged without a sound medical plan in line such as another hospital or a doctor who can immediately assess him and admit him.

Should I have my father as POA taken off my accounts?

Q: I’m 53 years-old and live in Pittsburgh PA and have recently had my 87-year-old father listed as POA on both of my investment accts (Roth IRA and TOD) at NY Life Securities so he can buy and sell funds on my behalf without me being directly involved. I’m now wondering if that was the wrong thing to do in regards to the possibility of a nursing home considering my investment accts, in part or whole, as part of my father’s assets if he were to ever end up in a home. I’m sure I also have him listed as POA on my bank accts too. Is this OK or could this potentially cause me a problem and I should remove him as POA on all my accts? If I should remove his POA from all my accts, will these accts now be subjected to Medicaid’s 5 year look back period? Thank you in advance. (Jefferson Hills, PA).

A: There is a difference in having another person on your accounts as POA as opposed to joint owner. POA status allows them to access the account in your place, such as writing or depositing checks. Being on the account, as joint owner, means that the person has equal ownership rights with you. If your father is a joint owner, yes, this could present problems if he ever needs to apply for Medicaid. These accounts could be considered a countable asset for Medicaid. If he is a joint owner, I would transfer the account into your name and keep a record of everything you do. If the issue ever arises with Medicaid, you can successfully defend any claim if you can show that the money used to establish and maintain these accounts was yours and your father was only put on the accounts for estate planning purposes. If is status is just as POA, I do not believe you have any worries regarding Medicaid.

Elder neglect penalties?

Q: What is the penalty for someone who didn’t take care of their elder spouse such as withholding nourishment, and not properly helping like withholding hygiene for the person? This was the main cause that lead to the person’s death.

A:  More information would be needed. If this is an extreme case of failure to nourish, which is medically/forensically related to the death, the charge could be homicide. I would review all the details with a lawyer or contact the police.

 

How do get mom’s house changed to my name?

Q: She is elderly. We can’t qualify for needed services because of the house. I can’t afford to pay for a nurse or provider. I am barely making ends meet with medical bills and all the essentials needed to care for her.

A: The legal procedure to transfer title from her to you is easy. However, whether it is advisable with her circumstances is a decision that can only be made with advice of counsel. If there is any potential that she will need to apply for Medicaid, such a transfer can make her ineligible for Medicaid. Plus, if you have lived in the house as her caretaker for two years prior to her institutionalization, you may be able to remain in the home after her passing. Also, if you transfer the home into your name only and you do not reside there, her real estate taxes may increase. She will lose her homestead exclusion and possibly any senior citizen’s discounts.

Should we quit claim our house into a trust?

Q: My wife and I are in our late 70’s We have 3 sons and wish to avoid probate and estate taxes. Is a living trust with a quit claim deed proviso a safe way to give property to children? If so, is there a waiting period?

A: Do not do this on your own and seek an elder law attorney’s advice. Many more facts need to be known. A revocable trust may be a way to pass both real and property on to your children, but it is not good in every situation. If the waiting period you refer to is the dreaded 5 year Medicaid look-back, a revocable trust will not protect assets from Medicaid. You would have to transfer them into an irrevocable trust which is quit a serious decision to make as you lose total control of the asset. If your sole goal is Medicaid issues, you can just deed your real estate and transfer your personal property to your children, and wait five years, but such transfers could have significant tax consequences on your children.

Is it elder abuse to receive money from someone who is like a grandmother to you?

Q: I have known this lady for about 20+ years and has been like A grandmother to me. I’ve lived with her and everything. Her son has never really liked me. Long story short she has helped me sometimes with financial matters like one time my car got towed so she wrote me a check for $350 to help me get it out. Basically, I’ve gotten A little help from her on some occasions and her son I think has called the police and said something about elder abuse. She is older but was the smartest women I’ve ever known. We both held a high spiritual relationship and loved each other dearly. I’ve never taken advantage of her. There were times when things have come up and we would pray about it. We would then agree that her helping me out with money wasn’t the answer. But then again sometimes she would give me a helping hand. Can I really get into trouble? I never felt as if I was doing anything wrong in anyway. She has since passed away and I’m scared! We’re only talking about 2500$ in a couple years.

A: It sounds somewhat harmless the way you describe it, but I would need to know more facts. Was she incompetent? Did she have dementia? With her not being around to be interviewed by police or an adult protective services investigator, it is unlikely anything will come from it, especially given the fact that only $2,500.00 is involved. My opinion would change of course if there was any forgery or theft involved, or some other tangible record that exists.

How can I put a CD in my son’s name so he would get 1/2 of it if I died or go into a home?

Q: My one son is on Social Security Disability and I want to make sure that if I should die, he would get 1/2 of the CD to help him pay his rent. My main concern is whether if I should go into a nursing home would they take all the CD or just 1/2.

A: The answer is more complicated than you probably realize and you may want to consult with an elder law attorney with whom you can share all the facts which need to be known. If your son is on SSDI, then he can receive this gift with no penalty. If he is on SSI, which is needs based government program, this gift may jeopardize his benefits. Also, it is worth considering is how this transfer will impact your eligibility for Medicaid, in the event you need to apply for Medicaid in the future. If this transfer is done within five-years prior to your Medicaid eligibility it could rule you ineligible to receive benefits to the extent of the amount of the transfer. Also, be aware that if you title the CD as joint tenants with right of survivor, he will receive the entire value of the CD upon your death. An elder law attorney may counsel you on other methods to shelter this money for him such as a special needs trust. It would probably be worth the consultation fee.

How can I stop my sisters from giving away our family home and their money?

Q: I own a house in joint tenancy with my two older sisters. They live in the house and I do not. One has had two strokes and doesn’t really know what’s going on, and the other is making very poor financial decisions, is very angry, forgetful, and talks to herself. I fear she may have dementia but I don’t know how to get her to submit to an exam by a specialist. Now they have a new “friend” to whom they have given power of attorney, and who helped them create a will naming her as a beneficiary. A medical caregiver in the house told me she saw one of my sisters give this “friend” the deed to the house. They are writing her checks for thousands of dollars. This has all happened in the course of three months. The only asset is the house, and they have income from their pensions. I am now staying with them because I feared their friend was planning to move in. How do I keep the house safe, and how do I get rid of the friend? My sisters think she’s wonderful because she drives them and has helped them clean up their house, but she is poisoning their relationship with me which has been good until now. (Allison Park, PA)

A: You raise some concerns here which touch on elder abuse and financial exploitation. You may want to contact adult protective services to do a home visit and assessment. You should ask the friend to allow you to examine the POA and any other documents your sisters have signed. Make copies if you can. You will also benefit from consulting with an attorney about the suspected financial exploitation and what would be involved if you wish to become their guardian. As far as the deed, you would need to sign the deed in order to transfer ownership to anyone, assuming the property is held as joint tenants with right of survivor.

 

What can I do with my Mother’s home? She is 93 and currently resides in the house.

Q: She has a trust and I am the only beneficiary. She has a life estate that was signed over 5 years ago. She has nursing home insurance but they say she is not currently eligible to receive benefits. We live in Oregon and I am disabled. The cold weather contributes to my pain levels and I want to move to Florida. The house is 64 years old and my husband age 79 has done many repairs and major remodeling to keep the place intact and from deterioting in value.
We would move her to Florida if necessary. The local relatives either work out of town or they are not well and able to help. I wonder if we can sell the house or would we need to rent it out until she passes away? She has some assets in addition to the house but no other real estate. 

A: You really should consult with a lawyer. The life estate would need to be reviewed to determine what conditions allow mother to vacate the lease. Trust needs to be examined as well to verify if and when any transfer was made. These need to be known especially if there is any potential that your mother may need to apply for Medicaid funding in the future. If there is any chance that Medicaid will be involved and this house may be subject to a Medicaid lien, you will want to sell the house only at fair market value and nothing less and document the transaction as well as how all the proceeds are spent on your mother’s care. However, review this with an attorney before you do anything. You may also want to consult with a Florida attorney regarding Medicaid.

 

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.