Legal & Finances Questions

1. How can I get a free HIPAA release form?

   Two places: directly from the medical provider or from this website.
   FAQ 1 Expert Answer, 4 Community Answers

2. Is my sister-in-law taking financial advantage of her grandmother?

   The power of attorney document that empowers one person to act as an agent for another usually specifies that the agent must act—that is, spend money and manage resources—in that person’s “best interests.” This is a rather fuzzy standard, but it would seem to bar your sister-in-law from spending herending...
   1 Expert Answer

3. When my mother passes, will the insruance benefit be assigned to the nursing home?

   Since NY let your mother keep the insurance policies, they are exempt resources. When your mother passes away, the proceeds will be paid directly to the beneficiaries. Medicad has no claim to them.
   1 Expert Answer

4. FAQ: Should We Expect Our Live-in Parents to Help Pay for Food and Utilities?

   Yes, when family members are living together in one household, everyone needs to chip in. They're partaking of the expenses of your household, so it's better for everyone if they pay room and board at a going rate you all agree on. Many adult children make the mistake of thinking short-term and saying...
   FAQ 1 Expert Answer, 1 Community Answer

5. FAQ: Am I Responsible for My Parents' Debts?

   Many people are concerned that if their parents are unable to pay their debts, they -- the adult children -- will be responsible for them. In general, though, children are not legally responsible for their parents' debts. However, there are certain circumstances in which this simple rule gets more complicated...
   FAQ 1 Expert Answer, 3 Community Answers

6. Is my father responsible for money borrowed on his credit card?

   Unfortunately, without more facts, I have to give you the Typical Lawyer Answer which is: "yes, and no."
   1 Expert Answer

7. Should my dad divorce his wife to avoid being financially responsible for the housing choices her daughter is making for her?

   First and foremost, you should seek legal advice and assistance from an attorney. The answers to your questions may depend on the specific laws of the state in which your father and stepmother live, including community property laws and laws pertaining to legal capacity and power of attorney.
   1 Expert Answer

8. Am I responsible for my mother's bills if she can not pay them?

   In general, you are not responsible for your mother's bills or debts, even though you are overseeing payment. As long as you don't mix your bank account with hers, or sign any documents agreeing to be responsible for her bills or debts, you don't become personally responsible for them just because...
   1 Expert Answer

9. What is a VEBA account?

   VEBA is an acronym for Voluntary Employee Beneficiary Asssociation. A VEBA account is a tax-free medical expense account for retired people and their eligible dependents. It is funded by unused sick leave that an employee may have accumulated at the time of retirement...
   1 Expert Answer, 1 Community Answer

10. Is there a CD penalty for withdrawing money at an early age?

    The answer is an encouraging but ungrammatical one: very probably yes.
    1 Expert Answer

11. Would dad be eligible for Medicaid if he divorces my mother?

    Divorce for Medicaid eligibility for long-term care coverage is possible, but it has serious practical and emotional consequences and should only be a last resort. If they stay married, Medicaid rules in this situation[cms.gov] already would allow your mother -- known as the "community spouse" -- to...
    1 Expert Answer

12. Can I get help to pay for a caregiver?

    Most states have programs that assist income eligible people who need household assistance to keep out of a nursing home. These programs pay for a caregiver, if you are eligible. I suggest you contact your Area Agency on Aging or your county human services office and see if you can get a case manager assigned to come and assess you for assistance in the home...
    1 Expert Answer

13. Can I take legal action to move Mom?

    It sounds as if you and your siblings have some honest negotiating to do about where your mom should ultimately stay and live. As difficult as it may be, try to continue to talk about it, with all of you in the same room or on the same phoneline while honoring the controlling thing: your mom’s best t interests...
    1 Expert Answer

14. Can I stop Dad's irresponsible spending?

    If your dad is legally incompetent or his ladyfriend could be guilty of financial abuse, there might be legal steps you could take to protect his assets. But it doesn’t sound as if wither of these are true.
    1 Expert Answer

15. If we suspect foulplay from a distance, how can we help?

    It may either help or hurt to know that the situation you describe is a common one: When one family member has a serious brush with a health problem, it often triggers a chain reaction of actions and emotions among those who are related—some of them helpful, some of them confusing, some of them downwnright irksome...
    1 Expert Answer

16. Can the bank force me to refinance or sell my house? Only my...

    The bottom line is that the loan company is entitled to enforce the terms of the loan—and will likely do so doggedly. If the mortgage was in your husband’s name alone, you may not be legally liable for the debt—but the bank may be entitled to foreclose and repossess the home if the underlying mortgamortgage goes unpaid...
    1 Expert Answer

17. My brother is abusing his POA - can we take it away?

    It is possible to take the power of attorney away from a sibling if you have proof that he misused funds. Since your mother passed away, he no longer has the authority to act. You may need to seek the advice of an elder law attorney who can help you get a court order stopping your brother from any further misuse of your mother's funds...
    1 Expert Answer

18. Who should get the house - son or stepmother?

    Inheritance of the home depends on who it is left to when the owner dies. If your father in law does not write a will, inheritance of the house will be governed by South Carolina law (called the "Intestate Law."). I do not know the details of that law...
    1 Expert Answer

19. Will a pre-existing condition affect Medicare eligibility?

    You're doing the smart thing by planning ahead. Medicare leaves considerable gaps in coverage that you'd have to pay out of pocket if you don't have some kind of supplemental insurance coverage. There are two kinds of insurance your wife could buy to supplement Medicare Part A (hospital insurance) and...
    1 Expert Answer

20. Should we divide or own the property jointly?

    I don't have sufficient information to give an opinion regarding dividing the farm between you and your brother. You believe that if you don't divide the farm now, someone will get hurt. Your brother believes that if you do divide the farm now, someone will get hurt. I don't know what harm either of you refers to, or why either thinks that might occur...
    1 Expert Answer