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29 + years experience

Legal Help for Caregivers

LEGAL HELP IF YOU ARE CARING FOR A PARENT OR SPOUSE?

Perhaps your loved one no longer can make decisions or live alone. Maybe your loved one moved in with you, or you moved in with a parent or other elderly relative. Don’t risk losing important benefits your loved one may be entitled to receive, such as Medicaid or Veterans Benefits.

Attorney Zakre can help you with guardianships, avoiding Medicaid disqualification, and accessing other important benefits, such as respite grants for yourself, Medicaid for HOME-BASED care, and Veterans Aid and Attendance Benefits.

Do’s and Don’ts for Children Who Are Caregivers for Their Parents-These are general and should not be relied upon as legal advice for your particular situation. Call Attorney Zakre for a consultation:

Do’s

  1. Obtain powers of attorney and representative authorizations from SSA, VA and Medicaid, if applying for Medicaid or VA benefits.
  2. If you provide help to a parent, consult an attorney regarding written documentation of the care the child provides.
  3. Understand how the Medicare/Medicaid system works, and what’s covered.
  4. If you give a parent money for services, get it in writing, secured if possible.
  5. Get the same documents for yourself that your parents should have (powers of attorney and will or trust).

Don’ts

  1. Accept gifts of large sums of money from your parents without a writing explaining the purpose of the gift, if any. Know that if your parent needs Medicaid within 5 years of the gift, the transfer may disqualify them from assistance.
  2. Make any large transfers of money (such as putting a child’s name on the deed to parents’ house), without consulting a lawyer regarding the potential ramifications for Medicaid and taxes.
  3. Put your name as a joint owner on parents’ checking or savings accounts. You can be listed on the account as power of attorney (assuming you have power of attorney).
  4. Pay for your parents’ expenses unless accompanied by a writing showing that this was not a “gift”.
  5. Provide services for your parents without a written agreement specifying what it is you will do.