Vanessa Terzian

It is never too early to proactively talk about estate planning. I have family meetings with my clients and their children while my clients are in their 50s, so they are young and healthy still. It is always hard to talk about these things when we are in a crisis mode and stress levels as high. If... more

If you are the agent under the Advance Health Care Directive, you have the ability to make decisions regarding her Heath Care, but if she flat out refuses to work with you on this, it is a difficult situaton. Have you thought of hiring a geriatric care manager to come up with a care plan? Maybe your... more

Your dad would need to sign a new power of attorney (POA) to transfer the authority to you (or back to you) and revoke the prior POA(s). It sounds like, however, he may be suseptiable to undue influence. So possibly his girlfriend could get him to sign another POA again and it becomes difficult to... more

Medicare is a federal insurance program paid out of Social Security deductions. All persons 65 or older who have made Social Security contributions are entitled to the benefits, as well as persons under 65 with disabilities who have been eligible for Social Security disability benefits for... more

If you have any clear evidence of elder financial abuse by someone, you should report it to adult protective services and the police. However, it sounds like you are just noticing some irregular charges. It also sounds like you have tried to speak with your mom about this. You might want to bring up... more

From a legal stand point there a some key documents your grandfather should consider putting in place:A medical power of attorney, which nominates someone to make medical decisions;A financial power of attorney, which appoints an agent to make medical decisions; and Determine whether, depending on... more

Typically Medicaid rules, which vary state to state, allow the well spouse to maintain an amount of what would otherwise be available assets for qualification purposes at the time you apply for Medicaid. Assets acquired after the spouse is institutionalized are not protected and will be counted at... more

This is a great opportunity to be proactive. There are a couple essential documents to start with. The first two deal with incapacity: the power of attorney and advance health care directive. Each nominates a person or persons to handle your parents' financial and medical decisions during periods on... more

This would be a great idea! I find it helpful when speaking to parents to let them know you've just gone through the same process. So if you have done a budget for yourself, show it to your dad. If you have not done a budget for yourself, your should! Also it is important to put together an asset... more

You'd want to consult with a CPA regarding this question, but generally speaking if the house is no longer in your name, you cannot deduct the expenses for tax purposes. There are certain exceptions, like gifting the house but maintaining an irrevocable life estate. 

I cannot comment about if there is a specific New York law, but I agree that this is a health issue. Here are a few things to consider:1. Does your husband have a valid Advance Healthcare Directive for his father? If so, review what sorts of powers that document gives him. 2. Consider speaking to... more

In California, you do not have to sell your home to qualify for Medicaid as long as you have an intent to return to the house. However, Medi-Cal (California's Medicaid program) can recover against your estate after you pass, including outing an estate claim against the equity in your home. You will... more

This is a very interesting question. You always want to review the contract you/your dad signs with the nursing home regarding collections and their policies to make sure you are clear on what they can or cannot do to collect outstanding bills. In my experience, the nursing home does not use peronal... more

An Elder Care Attorney can guide families through this process. The process begins with a review of any Estate Planning Documents your grandfather may have (and if they don’t have any it is time to make sure they do). Estate planning documents would include Powers of attorney, medical directive, a... more

As you know, Medicaid is a joint federal and state program that helps with medical costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, like nursing home care and personal care services. Each state has different rules about... more