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URL:  http://boards.fool.com/just-to-wrap-up-the-thread-mrs-goofy-got-an-30126371.aspx

Subject:  Re: Amateur legal opinions requested Date:  7/1/2012  10:54 AM
Author:  Goofyhoofy Number:  116376 of 121219

Just to wrap up the thread. Mrs. Goofy got an appointment with an elder care attorney; he was on vacation but made an exception because he handled some issues for Mrs. Goofy's mother many years ago, and because of exigent circumstance.

Anyway, much of the discussion revolved around whether we could "make him stay" in the assisted living home, or whether - as he wants - he can return home, even though he is incompetent to care for himself in any way. (Can't walk, can't get out of bed, can't chew without gagging, etc.) I'll leave that to the Parents boards, but on the question relevant here:

The attorney says the house will not be an issue, because the title wasn't moved to protect it from Medicaid. (The stroke came after, although not well after the change.) If it were some degenerative disease, maybe, but he is confident he could win and exclude the house from the look back requirement.

Since the thread began with my asking about the application form for the nursing home which asked about the "60 months", I will only say that he also happens to be the attorney for that particular home, and made a phone call and Mrs. Goofy's father was accepted without documentation of any kind, including bank statements, tax statements, or signed documentation about the "60 months." (He says that he has an agreement with the home that he may also represent individual clients in such matters, although if something came to adjudication then there would have to be a split. Mrs. Goofy specifically asked about "conflict of interest" and he waved it away.)

Of course that's ony 10% of the battle. The father is still determined to go home, and he will fire the home health aides (a requirement from the hospital to discharge him) within days, leaving himself to fester in his bed while the sister, who works two jobs, will come home to a rotten mess every night and her life will be a living hell. But no, he can't be declared "incompetent" because he still has his faculties, and making bad decisions, even terrible decisions, isn't enough, they have to be actually dangerous decisions or total incompetence, neither of which fits this situation.

Tragic stuff going on, but what are you going to do? (This is Pennsylvania, in case I hadn't mentioned it.)

Anyway, an actual lawyer; money well spent. He doesn't know about it, but others in the family do and are amazed at the concept.
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