elder law

Direct Knowledge of Severity of Senior’s Injuries Not Required to Support Conviction for Elder Abuse (Mass. App.)

91-year-old Olivia Cruz died of sepsis caused by wounds developed sitting stationary in her feces and urine while under the care of her son, Filip. When paramedics were called to her home after she suffered a stroke, they were overwhelmed with the odor of urine and rotting flesh. A jury ultimately convicted Filip of wantonly or recklessly permitting serious bodily injury to an elder under his care and with wantonly or recklessly committing abuse, neglect, or

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My sister has gotten my mother to give her fiduciary power, even though before her dementia her Will gave it to my cousin.

ADDITIONAL INFORMATION: How do I prove undo influence? I have an unsigned Will only. My sister refuses to speak, nor share documents or Drs. info. Not even between lawyers. I have proof my sister took $10,000 in 3 months; I doubt my mother needed anything. She put lots of money in her own name; and moved it back when I put pressure on. As my sister is Power of Attorney, how do I stop her from

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If person holding power of attorney adds name to parent’s bank account and parent goes to nursing home, is person liable to pay?

ADDITIONAL INFORMATION: Parent is hospitalized in one state and unable to function clearly. Person with power of attorney lives in another state. Person with power of attorney has not set up bill pay with bank because parent previously was able to write checks. Person is considering placing his name (or a sibling’s) name on bank account in order to gain access to pay bills. If parent needs to go to nursing home, will the nursing home

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My moms deed was written in 2011, can it changed to an irrevocable trust now in 2014 without Medicaid problems?

ADDITIONAL INFORMATION: The deed on my moms house is written as “tenants in common” to all her children. It was written up in 2011 like that. She wants an irrevocable trust written now on the deed. So that, if she goes into a nursing home, then Medicaid can’t take it. Can that be done without a problem if she goes into a nursing home within 5 years? or since it was written in 2011, does it

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If my mom goes into a nursing home next month, can her house be taken?

ADDITIONAL INFORMATION: this is what the deed is saying I,…,individually for consideration paid $1.00 grant to myself, for my life and the remainder in fee simple to my children as tenants in common. Also, if the daughter is living with the mom before she goes into a nursing home, can the house be taken? ATTORNEY ANSWER BY MARGARET L. CROSS: I believe that you are trying to determine if you mother can qualify for MassHealth and

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