Question: My mother is ill and requires long-term care, but hopes to return to her own home one day. My sister, who lives with my mother, is trying to put her name on my mother’s house to protect herself if something happens to my mother that forces her into the Medicaid system. Is this the…

Drafting a Power of Attorney that Lessens the Chances of Abuse

A power of attorney is one of the most important estate planning documents you can create, but it is also one that can be misused.  While it isn’t possible to entirely prevent the possibility of abuse, there are steps you can take in drafting the document to greatly reduce the chances. A power of attorney…

Question: I understand that it is a good idea to execute a new power of attorney document if an individual moves to a new state. But what if the person who signed the original POA is mentally incapacitated when the move takes place? Then what do you do? Answer: You will have to use the…

Question: My mother is 81 and was diagnosed with mild dementia. She has named my brother and me as co-agents under a durable power of attorney. I will be the one to move in with my mom as her dementia gets worse and will make all the arrangements for any type of care. I think…

caregiver child

Taking care of a parent can be a full-time job. Children may have to give up paying jobs in order to provide care to aging parents. Unfortunately, caregiving is usually unpaid work. Parents who want to compensate a child who takes on the burden of caregiving may do so in one of several ways. Caregiver…

The number of older Americans with student loan debt – either theirs or someone else’s — is growing. Sadly, learning how to deal with this debt is now a fact of life for many seniors heading into retirement. According to a study by the Consumer Financial Protection Bureau, the number of older borrowers increased by at least 20 percent…

Donor-advised funds are a growing trend in giving that may get more popular due to the new tax law. These funds allow you to donate money, receive a charitable tax deduction, and continue to grow the money until you are ready to distribute it to a charity or charities of your choice. A donor-advised fund is…

A.  My mother is in a nursing home here in California and is on Medi-Cal (Medicaid). My father has almost depleted his bank account and needs money for dental work. He has two life insurance policies (my mom is the beneficiary). One is for $25,000 and the other is for $10,000. He would like to…

Q.  Can someone on Medicaid allow a grandchild to live in her house and not pay rent, just maintain the home? A.  The answer will depend on the laws in your state. In Massachusetts, the answer is yes. The grandchild can stay in the house and just pay for maintenance. This may not be the…

Q.  If an individual lives in an assisted living facility in one state (Minnesota) and her spouse lives in another state (Wisconsin), can they apply for Medicaid? If so, how is it determined which state’s laws will apply? A. Yes, spouses don’t have to live in the same state, so the Minnesota spouse can apply…

© 2015 MATTHEW L. MERCER | Attorney at Law

logo-footer

STAY CONNECTED WITH US:      

Disclaimer: The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer / client relationship.