Message Font: Serif | Sans-Serif
 
UnThreaded | Threaded | Whole Thread (21) | Ignore Thread Prev | Next
Author: Goofyhoofy Big funky green star, 20000 posts Top Favorite Fools Top Recommended Fools Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121267  
Subject: Re: Amateur legal opinions requested Date: 7/1/2012 10:54 AM
Post New | Post Reply | Reply Later | Create Poll . Report this Post | Recommend it!
Recommendations: 1
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.
Post New | Post Reply | Reply Later | Create Poll . Report this Post | Recommend it!
Print the post  
UnThreaded | Threaded | Whole Thread (21) | Ignore Thread Prev | Next

Announcements

Disclaimer:
In accordance with IRS Circular 230, you cannot use the contents of any post on The Motley Fool's message boards to avoid tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions.
Pencils of Promise - Back to School Drive
"Pencils of Promise works with communities across the globe to build schools and create programs that provide education opportunities for children."
Managing Your Wealth
Our own TMFHockeypop from Rule Your Retirement fame on the TV show Managing Your Wealth.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
Community Home
Speak Your Mind, Start Your Blog, Rate Your Stocks

Community Team Fools - who are those TMF's?
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and "#1 Media Company to Work For" (BusinessInsider 2011)! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.
Advertisement