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What happens if a person needs a guardian and the disabled refuses to be examined for guardianship purposes? If there is a person in the household that refuses to allow that person to be examined, then there is a clear legal route for the court to be involved. But what happens if your parent is…
The guardianship process is a complex process with many moving parts. The very first step, however, can often be the most challenging. When a petition for guardianship is filed, you must file with it, proof of the person’s disability. This is a certificate completed by the disabled’s physician, psychiatrist, psychologist, nurse practitioner, or licensed social…
Applying for Medicaid (i.e., Medical Assistance) can be like walking into a minefield. There are a number of ways that a Medicaid application can go wrong—and the consequences can be absolutely devastating. Here are some examples of common problems we see. 1. Nursing Home Mistakes Sometimes a nursing home files the Medicaid application but doesn’t…
What Is Medicaid? Medicaid is the name of the federal program that helps people with medical costs. In Maryland, the program is called Medical Assistance. In the context of elder law, Medical Assistance is the program that covers skilled nursing care. There are three levels of care for most seniors: 1) independent living; 2) assisted…
The Britney Spears conservatorship raises a number of interesting issues (that are somewhat complex and disturbing) of how an adult could be subject to guardianship. The obvious issue is how the state can take away your rights to make health care and financial decisions, when, from the outside, you appear to be within the range…
I Care a Lot is a recently released Netflix film that follows the fictional account of a nursing home administrator who systematically exploits the elderly for financial gain. There are dramatic scenes of Marla Grayson (the nursing home administrator) with her wall of mugshots of her elderly residents. It shows a dramatic insensitivity that the…
In 2020, many of you undoubtedly noticed significant delays with the United States Postal Service. Our elder law office in Maryland also noticed that our mail was either slow to be received or, in some cases, appear not to have reached their final destination. While that may be a minor inconvenience for mailing bills, it…
COVID-19 has brought a lot of anxiety regarding long-term care facilities. However, we understand that even in a pandemic, there are seniors who need to be cared for in a nursing home. With nursing home costs ranging from $9,000 to $12,000 a month, applying for medical assistance (i.e., Medicaid) is a practical reality for most…
When your relative is in an assisted living facility or nursing home, oftentimes they cannot access their assets any longer. That’s when it is necessary for you to have the financial power of attorney, which allows you to immediately access your loved one’s assets and act on their behalf. In Maryland, financial powers of attorney…
The most useful estate planning document during this COVID-19 pandemic is the financial power of attorney. This document allows you to immediately access your elderly parent’s assets. If you’re unsure whether your parent is paying their bills in a timely fashion, then the power of attorney will allow you to access their financial information and…