Question: I would like to know whether I would qualify for the caretaker exemption under Medicaid rules if my parents transferred their home to me. I have been caring for my elderly parents in their home in New York State for more than two years. However, for a period of approximately six months I transferred…

Question: My mother went into a nursing home six years ago after she broke her hip. She receives Medicaid benefits. We intended for her to get therapy and return home, but while she was in the nursing home, she was severely injured in a fall and now cannot leave the nursing home. She sued the…

Question: I’m a social worker trying to help a man who needs a skilled nursing facility, but who has no money and has been estranged from his wife for 35 years. He needs to apply for Medicaid to pay for the nursing facility, but because he is not “officially” divorced from his spouse, I’m not…

Question: If the creator of a revocable trust wants to make a beneficiary a co-trustee and make the current successor trustee a beneficiary, does she have an obligation to inform the current trustee of the change? Simply, can the trust’s creator make whatever changes she wishes without telling anyone? Answer: The creator of a revocable…

Question: My mother is in assisted living and has about one year left before she spends down to $4,000 and applies for Medicaid. She has about $12,000 in jewelry that she insisted on taking with her. The facility listed the jewelry as part of her personal inventory. Will she have to sell her jewelry before…

antique furniture

Question: My mother is moving into assisted living. She had always said that my brother could have the money from the sale of antiques in the house. Is she allowed to gift the contents of the house, including the valuable antiques, or will that cause a transfer penalty when she applies for Medicaid in two…

transferring assests

Question: I have read that a Medicaid applicant won’t be penalized for making transfers to a disabled child during the look-back period, but I would like to know if there is an age limit for the child. My mother has Alzheimer’s disease, and I am her agent under a power of attorney. I am considered…

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…

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