The Elrod Firm

Ask The Pros

Relevant answers to the most common questions about estate planning and elder law.

Asset Protection

How Can I Protect My Grandson With Special Needs?

Justin, I have a grandson with special needs, and I’d like to provide for him after I die without hurting his ability to receive government assistance. What is the best way to do that?

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Long-Term Care Planning

How Can We Afford To Get Dad The Help He Needs?

Justin, How can we pay for Dad’s nursing home without leaving my mom in poverty? We are desperate. Dad’s Alzheimer’s has been progressing quickly in the past 6 months, and my sister and I are concerned that Mom won’t be able to take care of him much longer.

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Veterans Benefits

Can V.A. Benefits Work With a Child Caregiver?

Justin, Earlier this year my father, who was a Korean War veteran and my mother’s caregiver, passed away. Afterward, my mom told us children that she wished to continue living at home, and that she greatly preferred to have one of us kids provide her with care, instead of a home-care agency or a stranger.

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Asset Protection

Do I Need Guardianship Over My Own Children?

Justin, My father named my minor children as beneficiaries on CDs he owned. My father has recently passed; I’m being told that I cannot get access to those funds unless I obtain a guardianship over my own children. Is this true?

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Estate Planning

Should My Mom Add Me To Her Accounts?

Justin, I am listed as Payable on Death (or P.O.D.) on my mother’s bank account. However, the bank told me that this does not give me access to my mother’s funds until she passes away. What if I need to access the funds in her account to pay her medical bills or other expenses while she is still living? Would it be better for my mother to add me as a co-owner on all of her accounts?

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Long-Term Care Planning

What Can We Do About This Medicaid Denial?

Justin, My mother just received a Medicaid denial letter in the mail, and we desperately need some help. She worked with my father’s nursing home to apply for Medicaid six months ago, and based on what she was told when the application went in, we assumed Medicaid coverage for my father was a done deal. Now the nursing home is telling us that my mother owes almost $30,000 because of this denial.

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Asset Protection

What’s the difference between a Revocable and an Irrevocable Trust?

Justin, I know that my wife and I need a trust to keep our things out of probate court, and I’ve been reading up on my options. I have seen that there are basically two types of trusts, revocable and irrevocable. What is the difference, and how do I know which one is right for us?

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Estate Planning

Can I own my home and qualify for Medicaid assistance?

Justin, My father recently suffered a bad fall and is now receiving rehab from a local in-patient nursing and rehabilitation facility. If my father ends up needing to stay in the nursing home long-term, and he later applies for Medicaid, will he be allowed to keep his home?

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Asset Protection

What rights do I lose by signing a Power of Attorney?

Justin, My son recommended that I contact an attorney about having power of attorney documents prepared. I have never wanted to sign a power of attorney because I want to manage my own business, but I’ve decided to do it now to appease him. What rights will I give up when I sign a power of attorney?

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Veterans Benefits

Do you have to be broke to qualify for Veterans Benefits?

Justin, My father is a Vietnam veteran and is incurring significant expenses paying for assisted living. We spoke to a VA office recently to ask if he qualifies for Aid and Attendance benefits. They said he has too much monthly income and too many assets to qualify. He makes about $3,000 per month, owns a home, and has around $90,000 in savings. Are they correct?

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