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Elder Law

Elder Care Law is a legal concentration that is defined by the clients served. Proper legal care includes providing seniors with a variety of planning strategies, which may include Special Needs... more
Elder Care Law is a legal concentration that is defined by the clients served. Proper legal care includes providing seniors with a variety of planning strategies, which may include Special Needs/Disability Planning, Guardianships, Medicare Planning (Medi-Cal for California residents) and foundational estate planning. We will help you put a plan in place to ensure that you have the maximum protection of and control over your assets, should you become incapacitated or require assisted living.
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Questions and Answers

How can I help a senior citizen who will have no place to live in the few weeks and he needs help

Scot Cheben
Scot Cheben
Senior Advisor

I would reach out to the Mayor's Commission on Aging in Philadelphia. The mission of the Mayor's Commission on Aging is to improve the quality of life for older adults in Philadelphia. Opportunities and Services for Philadelphia Residents 55+. Their services are Free to Residents. They are located... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

My dad's girlfriend is the appointed person for his power of attorney. How can I transfer that authority to myself?

Vanessa Terzian
Vanessa Terzian
Estate Planning Attorney

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

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

Where can we find someone to come into home and help us sell good stuff?

Scot Cheben
Scot Cheben
Senior Advisor

There are a few ways of doing this. I'm not sure if you have friends or family nearby to help. If you do, I would recommend that they help you with a simple "garage sale". Have them separate the valuable from the not so valuable. Garage sales are not for big ticket items. Furniture, yes... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

I have noticed some irregular credit card transactions and bank account withdrawals from my mom. I ask her about it and she simply shrugs it off saying it was stuff for around the house. What should I do?

Vanessa Terzian
Vanessa Terzian
Estate Planning Attorney

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

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

You can call a government agency available is all states called Adult Protective Services. They will investigate any report of neglect, abuse, or theft from an elder. Also check with www.caremanager.com for a referral to an Aging specialist in your area. Sounds like Financial Elder Abuse maybe... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

What are the documents my dad needs to state how he wants medical procedures in case he is unable to make decisions?

Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

Look at your state's palliative care website for health care directives for your state.  Or contact an elderlaw attorney

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

While on Connecticut Title 19 can recipient give monetary gifts to family and friends like at Christmas time?

Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

Yes, as long as it is from the allowance, and not from her income that must go to nursing home in order for Medicaid to pay for her care.

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

If a parent ends up in nursing home is the nursing home entitled to contents of their home as collateral in Kansas

Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

No, contents of his home do not count as assets that must be spent in order to qualify for nursing home vendor payments by Medicaid in ANY state in the USA. Collectibles, coins, art, and other contents do not count. But in some states the house counts as an asset, and has to sold and proceeds... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

My dad is in a New York state nursing facility, he has refused his showers

Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

This is called the right of self determination.  Health care facilities  must respect the rights of people, even when we disagree.  No one ever died for lack of bathing!  As long as he is no danger to himself or others, that's the way it is.

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Vanessa Terzian
Vanessa Terzian
Estate Planning Attorney

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

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.

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