July 2017 - Harris

Thank you for representing my case with relentless commitment. Your determination to fight for justice is what made my case a success. Elder care attorneys like you are the best example of justice prevailing when you proceed with the right attorneys.

Can an agent's ability to act be limited under a Power of Attorney?

Yes. A power of attorney can be tailored to meet an individual's needs. In the broadest measure, a power of attorney can be general and give an agent unlimited discretion to make all decisions on your behalf. A power of attorney can also be limited to provide that the agent can act on your behalf only with respect to a particular activity or activities (i.e.: act at a real estate closing or manage a particular account).

Can a Power of Attorney Be Used to For Health Care Decision Making?

No. Only a health care proxy can be used to appoint someone to make health care decisions for another. A health care proxy is a legal document that can be used to protect your health care wishes. In the event you are unable to make your own decisions regarding your health care, the person you have appointed to be your proxy will know your wishes and act on your behalf.

What is a Power of Attorney and why is important to have one?

Everyone should consider signing a power of attorney. A power of attorney is a legal document that allows a person to appoint another individual, called an agent, to act in one's place for the purposes stated in the document. Powers of attorney can be used to assist in managing day-to-day finances or to permit the agent to act on another's behalf in the event of a sudden emergency or to manage one's affairs if he or she should become incapacitated.

What is a Medicaid Asset Protection Trust?

If your elderly loved one is turned down for long-term care insurance, or are unable to afford the premium, the next best option is a Medicaid Asset Protection Trust. There are many benefits to establishing a Medicaid Asset Protection Trust - in most cases it is irrevocable and protected from creditors, spending and divorce. Assets placed in this trust will not be accessible for long-term care expenses and will not be at risk due to overspending, thus protecting it from creditors.

If income exceeds Medicaid limits can a person still qualify for Medicaid?

Yes. Although, those individuals applying for Community Medicaid (Home Care Services) must pay income in excess of the Medicaid allowance toward the cost of care. Alternatively, the elderly individual can join a community pooled trust and then place surplus income into a trust sub-account of one's own.