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Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished. Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children. 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.
Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves. Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
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. Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship. 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.
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. We explain the five phases of retirement planning, the difference between a k and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
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. 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.
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. Find local attorneys.
If you are dealing with a sibling who has been named agent under a power of attorney or if you have been named agent under a power of attorney over your siblings, the following are some things to keep in mind: Right to information.
Your parent doesn't have to tell you whom he or she chose as the agent. In addition, the agent under the power of attorney isn't required to provide information about the parent to other family members. If you'd prefer that cookies weren't placed on your computer when you visit our site, you can use the controls below to allow or disallow different types of cookie.
Some cookies are essential for the website to work, so they can't be disallowed. These cookies give us anonymised information on how people use our website. We use these cookies to help us tailor our site to meet the needs of our visitors, for example by making sure our most popular pages are easy to find. These cookies serve a number of purposes, such as allowing you to share our content with your friends and social networks.
We also use these cookies to provide targeted advertising, so you may see relevant adverts based on the pages you look at on our website. The rising average life expectancy in the UK means that more and more people are appointing someone to look after their property, health and finances when they no longer have the capacity to do so themselves. It can be a distressing time, whatever the nature of the disagreement, but our solicitors are experienced in fighting for your best interests.
Normally these disputes concern:. We advise people who want to challenge the decisions made by an attorney, as well as representing attorneys who are defending claims by family members or third parties. The principal in a power of attorney agreement can submit forms to the court at any time to alter the agreement. If, as is often the case, the principal is incapacitated, an interested third party can petition the court to invalidate a power of attorney.
The agent must be informed and will be given the opportunity to defend his or her actions. This alleges that the agent obtained a power of attorney through some contrivance that convinced that principal to act against his or her own best interests. Undue influence refers to a situation in which one person uses their position of power to take advantage of another person, such as by persuasion, threats, or coercion.
California law considers it to be an undue influence if a person acting in bad faith manipulates the free will of anyone aged 65 or older to persuade the elder to give them money, houses, or other property. It is important to understand that proof of an inequitable result alone is NOT sufficient to establish undue influence.
Often the claim is that the agent is using the authority granted by the POA for their own gain or other unjust ends. Abuse of authority might include:. Because it is relatively easy to establish powers of attorney in California, it is not unheard of for some documents to lack one or more of the formalities required to establish a binding POA. The agreement may be challenged if it lacks:. In most cases, powers of attorney are not subject to oversight by the court or a third party.
Our in-depth knowledge of trust, estate, and probate matters makes us powerful adversaries when you need to stop a power of attorney of fact who is abusing the authority granted by a POA. Our litigation team has appeared in courts throughout California and has the necessary resources and experience to have one or more POAs invalidated. We are prepared to take your case to trial, if necessary, to achieve your desired results.
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