Answer: It is not appropriate for the guardian to do this, but it is probably not illegal. The guardian must oversee your mother’s care and act in her best interest. The guardian is probably also required to file reports with the local probate court, but the specifics...
Five elder advocacy groups are calling on Congress to eliminate Medicaid estate recovery after a congressional advisory commission recently concluded that estate recovery recoups a tiny percentage of spending while contributing to generational poverty and wealth...
A Pennsylvania appeals court rules that an agent may act on behalf of a principal under a springing power of attorney, even if the principal has not been declared incompetent if the parties intended to enter into a general power of attorney as supported by the...
A Massachusetts case demonstrates the importance of making any agreements about inheritance in writing. The Massachusetts Appeals Court ruled that rendering services to someone in the hope or expectation that it will result in payment from an estate is not sufficient...
It should not. The state Medicaid agency should not look at your mother’s assets after the spend down has occurred. But this is a general rule, so we recommend consulting with an elder law attorney to make certain there is no local trap for the unwary. Also, if she...
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