Joseph L. Matthews

Caring.com Senior Editor

About

Joseph L. Matthews has been an attorney in the San Francisco Bay Area since 1971. From 1975 to 1977 he taught at the School of Law at the University of California, Berkeley. He is the author of numerous books, including Social Security, Medicare, and Government Pensions; Long-Term Care: How to Plan and Pay for It; How to Win Your Personal Injury Claim; and The Lawyer Who Blew up His Desk. The original coauthor of Joseph's book on Social Security and Medicare was his mother, Dorothy, who had worked at senior centers for 25 years. Joseph then assisted her with her own care during the later years of her life, arranging her legal and financial documents and helping her move to home care and assisted living as her needs changed.

Recently Published on Caring.com

  1. Sunday April 15, 2012

    1. After death: Could Medicaid have requested payment as restitution for medical expenses?

      Answer - As long as your mother was living in her house, the state's Medicaid program could not attempt to collect from the value of the house any amount it had spent for the medical expenses of your father. Once your mother died, however, the state Medicaid program had a right to collect -- and usually tries...

  2. Saturday April 14, 2012

    1. Will Medicare cover Dental if it is deemed medically necessary?

      Answer - It's possible that Medicare might cover all or part of your hospital oral surgey, but getting coverage is more complicated than simply having a doctor say that it's "necessary". First of all, there are two parts of Medicare involved: Part A, which could cover your inpatient hospital costs, and Part...

  3. Friday April 13, 2012

    1. Is it common practice to investigate a death inside a hospital?

      Answer - Most hospitals either have regular meetings or prepare internal reports -- often weekly --in which they review any deaths that have occurred in the hospital during that period. This is often called a mortality or morbidity review/report. Particularly given the circumstances surrounding your mother...

    2. Is POA still applicable after someone dies?

      Answer - Power of Attorney is a document that has effect only while the person who executed the document is still alive. So, once your mother died, the disposition of her property depends entirely on her will (assuming there is a valid will). Even if the will is invalid, the law in all states would divide her...

  4. Friday March 30, 2012

    1. If not completely satisfied with VA, will Medicare Part B provide full coverage?

      Answer - If you are covered by the VA's medical program and also are enrolled in Medicare Part B, you have a choice about which program will cover any particular medical service or treatment. However, you cannot use both programs for the save service or treatment. that's because they work in completely separate ways...

    2. Travel insurance demands Medicaid direct claim denial, how do I receive proof?

      Answer - Neither Medicare nor Medicaid covers medical care received outside the United States (except for some rare exceptions on the border). The travel insurance companies know this perfectly well, but it is typical of insurance companies to make a claim difficult, knowing that some people will not follow...

  5. Thursday March 29, 2012

    1. A Caregiver's Guide to Assisted Living Facilities

      Article - Assisted living facilities vary in costs and offerings. Find assisted living facilities in every state in the U.S., plus the District of Columbia.

  6. Monday March 05, 2012

    1. My aunt has POA over my grandmom who is in the last stages of dementia and lives in a nursing home. I want to care for her at my home.

      Answer - You're in a tough situation if your aunt's Power of Attorney authority gives her control over where your grandmother lives. So, the first thing for you to do is to get in touch with the administrator of the nursing home and find out who they think has legal authority over your grandmother's care, and why...

  7. Thursday March 01, 2012

    1. What is the penalty for using a Power of Attorney after death of principal?

      Answer - You are absolutely right that what you brother did MIGHT be a criminal offense. That offense might include fraud and theft, as well as violations of your state's specific power of attorney laws. However, there are several things that stand in the way of getting the police or district attorney's office to prosecute or even investigate the matter...

  8. Monday February 20, 2012

    1. My younger brother is being taken to a nursing hm, My older bro. was my Moms executor

      Answer - First of all, adult guardianship or conservatorship is a very big and expensive step, requiring court hearing and usually hiring a lawyer. So, before starting down that path, you might want to consider the less complicated and less costly alternatives of an advance health care directive, which is a...

  9. Monday February 13, 2012

    1. My grandma failed her mental cognetive test, Can another family memeber take her and get a new power of attorney?

      Answer - Whether your grandmother can make a valid, legally enforceable second power of attorney (POA) document, which supersedes an earlier POA document, depends on whether she has what is called "legal capacity" to do so at the time. The definition of legal capacity is somewhat complicated, and varies a bit...

    2. How do I revoke DPOA for my husband?

      Answer - The first thing for you to do is to try to discuss the matter with your husband's "attorney-in-fact," his CPA in this case, which is the name given to the person who is given power of attorney authority. There may be a good explanation for what he or she is doing with the money...

  10. Thursday February 02, 2012

    1. Can I or my nephew become power of attorney over my brother even if he is married and his wife is planning on leaving him?

      Answer - Any competent adult can be appointed power of attorney by another competent adult, even if the person making the appointment is married. Although your brother's situation is an extreme one, it's not uncommon for a person to appoint someone other than his or her spouse as his "attorney-in-fact," which...

    2. Will weekly checks written to home aide be questioned by nursing home for eligilibty for Medicaid?

      Answer - The matter of not paying taxes -- filling out the forms for a household employee, withholding the taxes and paying the taxes to the state and federal government -- is not usually anything that Medicaid would concern itself with. When deciding whether your mother will be eligible for Medicaid coverage...

    3. Can Medicaid take my property when I pass away?

      Answer - If someone owns a home but Medicaid (called Medi-Cal in California) pays for that homeowner's long-term care -- in a nursing facility, assisted living facility, or through a community-based program -- after the person reaches age 55, then Medicaid has a right to be repaid that money out of the value...

    4. Is a bank liable for releasing funds in violation of instructions from a valid power of attorney?

      Answer - Violation by a bank of proper instructions from a lawfully appointed Power of Attorney may very well leave the bank liable for any losses caused by its actions. In this case, once the bank was properly notified by the husband that his wife had become legally incompetent to make bank transactions, the...

  11. Monday December 05, 2011

    1. Will my wife need to pay monthly medicare part A charges after I die?

      Answer - Medicare Part A (inpatient care) is available with no monthly premium to anyone age 65 or over who qualifies for Social Security retirement benefits OR whose spouse qualifies for Social Security retirement benefits. Because your work with the military earned you work credits with Social Security, you...

  12. Saturday December 03, 2011

    1. Can I get paid to be a caregiver in Mississippi?

      Answer - Mississippi has a special Medicaid-related program -- called the Elderly and Disabled Waiver Program[ms.gov] -- operated by the state's Bureau of Long term Care, that can help low-income elders who want to remain living at home instead of in a nursing facility...

  13. Friday December 02, 2011

    1. How much money can my 62 year old mom make without losing her Medicaid and Social Security benefits?

      Answer - There is a two-part answer -- one part for Social Security, a different part for Medicaid -- to your question about how much your mother can earn without losing her benefits. Let's take them one at a time.

  14. Thursday December 01, 2011

    1. If I am shy of quarters necessary to have my own Medicare and fall under my husband's, will I have to pay this new Part A charge?

      Answer - If you are age 65 and EITHER YOU OR YOUR SPOUSE is eligible for Social Security retirement benefits, you are also eligible to enroll in Medicare Part A (inpatient coverage) without paying any monthly premium. People who do not have enough work credits on their own OR their spouse's work record to qualify...

  15. Tuesday November 29, 2011

    1. FAQ: What Are the Changes to Medicare Part A and Part B Costs for 2012?

      Answer - Every year on January 1, Medicare makes changes to the premiums it requires participants to pay for their coverage, and for the deductibles and coinsurance amounts an enrollee has to pay out of pocket when using Medicare Part A and Medicare Part B coverage. Here are the changes for 2012.

  16. Thursday November 17, 2011

    1. A Caregiver's Guide to Home Health Agencies

      Article - Home health agencies provide short-term medical care at home. More about home health agencies, what they do, what they cost, and where to find them.

  17. Monday November 07, 2011

    1. Will my mother's estate be charged for bills that have already been paid by Medicare and Medicaid after she dies?

      Answer - Neither Medicare nor Medicaid seeks reimbursement for medical bills. As long as your mother does not receive long-term care from Medicaid, such as in a nursing home, her estate will not owe either program money it spent for her medical bills.

  18. Friday November 04, 2011

    1. Do a husband and wife both receiving Medicare pay seperate premiums?

      Answer - Yes, each spouse in a married couple must pay his or her own monthly premium for Medicare Part B. In 2012, that monthly premium will be $99.90. If you happen to have joint net income of more than $170,000 per year (based on your 2010 tax returns), you'll each pay a higher monthly premium, between $139...

  19. Wednesday November 02, 2011

    1. Who should I speak with if I'm entitled to a refund through Medicare?

      Answer - Many people who have low income and few assets can qualify for assistance with their Medicare-related out-of-pocket costs, including the Medicare Part B premium. Some people also have their Medicare Part A and Part B deductibles and coinsurance amounts paid, too. These programs are called the Medicare Savings Programs[medicare...