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Am I Liable If My Mom Lives Alone Against Doctor's Orders?

What happens if my elderly mother insists on staying in her own home by herself, against the doctor's advice? If I am her agent with health care power of attorney and I allow her to do as she wishes, can...

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  • Categories:
  • Guardianship/Conservatorship
  • |
  • Health Care Decisions

How Do I Get Paid for Being My Father-in-Law's Caregiver?

My husband and I recently became caregivers of my father-in-law. I resigned from my job to be my father-in-law's full-time caregiver. What are the steps I need to take in order for me to receive some form of compensation/payment for...

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  • Categories:
  • Health Care Decisions
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  • Medicaid

Can We Freeze My Sister-in-Law's Assets With a POA?

My sister-in- law has been in the hospital for almost five weeks. The last couple of weeks, she's been making irrational financial decisions: promising breast reduction surgery to family members and even one of the nurse's nieces, as well as...

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  • Category:
  • Health Care Decisions

Can a Health Care POA Sign a Medicaid Application?

I am a health care POA for my mother who is in a nursing home and applying for Medicaid. Can I sign the application without a financial POA? If I sign the Medicaid application, will I be liable to reimburse...

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  • Categories:
  • Applying for Medicaid
  • |
  • Medicaid
  • |
  • health care decisions
  • |
  • long-term care

Can a Medicaid Facility Evict Over Spent Home Sale Proceeds?

I cared for my mother until she needed to go into a nursing home paid for by Medicaid benefits. I sold her house and spent the proceeds ($25,000) without knowing it should go to the nursing home. Will she be...

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  • Categories:
  • Medicaid
  • |
  • health care decisions
  • |
  • senior living
  • |
  • nursing home eviction

Where Can I Find a Form to Contest Guardianship?

Where can I find a form to contest guardianship? What are my rights and what should I know about the court process? I don’t believe I need a guardian but I have family members who recently began pushing the issue.

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  • Categories:
  • guardianship/conservatorship
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  • health care decisions
  • |
  • senior living

Medicaid Rules: Going to a Nursing Home in Another State

Is our home in Tennessee protected from Medicaid if my dad, on the deed but with no financial contribution, goes to a nursing home in Oklahoma? I’ve cared for him 10 years. He recently suffered a fall visiting family.

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  • Categories:
  • applying for Medicaid
  • |
  • estate recovery
  • |
  • health care decisions

Are Family Caregivers Entitled to Leftover SSI Payments?

My mother passed away. I was her caregiver and power of attorney for medical and personal decisions. I cared for her at home because I didn't want her in hospice. She was receiving Supplemental Security Income (SSI). Am I entitled...

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  • Categories:
  • Social Security
  • |
  • health care decisions
  • |
  • caregivers
  • |
  • SSI benefits

What If I Can't Be a Caregiver and Mom Refuses a Facility?

I’ve been taking care of my mom for 10 years and am no longer physically capable of taking care of her. She can't walk, feed herself, or use the toilet. It’s not safe at home but she refuses to leave. What...

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  • Categories:
  • Health care decisions
  • |
  • senior living
  • |
  • Medicaid
Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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