Legal Question in Elder Law in Alabama

Re: Elderly Care

You need an attorney who is experienced in what is known as "Elder Law". Medicaid is very complex and many lawyers do not practice routinely in this area. Also, SSI, Medicare, end of life planning issues abound, so your best one-stop-shop would be with an elder law attorney.

Let me caution you right now though, that if Medicaid is a possibility, even five year's from now, any transfers from your mother-in-law for less than full value may create a penalty period with Medicaid. Before you do anything, consult an attorney!

William Nolan

www.NolanElderLaw.com

Re: Elderly Care

An attorney practicing in the area of elder law would probably be most helpful. Depending on her dementia, an assisted living facility may not accept her and she may require nursing home care.

If she cannot care for herself and you and your spouse cannot care for her you may have to seek an involuntary commitment through the county probate court.

You mentioned the home and assets. I'm not sure if you are referring to seeking a Medicaid application for nursing home payment, but changes in the law were made Feb 2006 (Deficit Reduction Act of 2005) which would incur a significant penalty if the home and assets were to be gifted within 5 years of nursing home admission or Medicaid application, whichever is latter.

There are not enough details to give you a complete answer for your circumstances. Please contact an attorney for assistance. God bless you.