Nursing Homes

Can't live at home

When Mom Can’t Live at Home, Does Power of Attorney Help? Yes and No

A newsletter reader asks: Can you use a health-care power of attorney to admit someone who can’t live at home safely to a care home?  The answer, legally, is clear: No, you can’t. The practical answer, however, is probably yes. A health care power of attorney names an agent to make health-care decisions for you …

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Trustee Is Not Required To Create Special Needs Sub-Trust

DECEMBER 27, 2010 VOLUME 17 NUMBER 40 Kenneth Boyd established a revocable living trust in 2002. He named his daughter Carol Boyd as trustee, and directed that the trust be divided, upon his death, into three shares. One share each was to go to Carol, to Kenneth’s mother Elizabeth Boyd, and to Carol’s son Ben …

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Maryland Medicaid Agency Settles Multi-Million Dollar Lawsuit

MARCH 22, 2010  VOLUME 17, NUMBER 10 This week’s Elder Law Issues was written by our friend and Maryland colleague Ron M. Landsman. He describes the resolution of a class lawsuit he initiated in Maryland, challenging that state’s practice of setting Medicaid patients’ co-payment amount too high to allow them to pay nursing home bills incurred …

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