Legal Question in Wills and Trusts in Connecticut

Your Mother's Rights

You must be extremely cautious transferring any of your mother's property out of her name. There is a federal statute effective January 1, 1997 that makes it a felony to do so, if the effect is to render her financially eligible for medicaid benefits. You should consult with a medicaid lawyer in your state before taking any action at all.

Grandmother diagnozed Alzheimer's

The actions that your grandmother can take depend on her present condition. Even though she was diagnosed with Alzheimer's, she may still have sufficient mental capacity to prepare a will, durable power of attorney (permiting someone else to manage her affairs, pay bills, etc. when she becomes incapacitated) and a health care proxy (authorizing someone else to make health care decisions on her behalf, if she is unable to make or communicate such decisions herself).

An attorney with experience in estate planning, representation of incapacitated persons, and state medicaid law should be consulted. Please note that there may be criminal penalties for planning to evade medicaid restrictions. The attorney will want to establish your grandmother's capacity/state of mind at the time the documents are prepared and signed.

This response deos not deal with any state law other than PA.

Grandmother' Alzheimers

If your grandmother is incompetent to make decisions at this point you may have to go to court and have someone appointed as a guardian. To do this the incompetancy must be established by a physician who has examined her and tested her mental capabilities. I would also highly recommend that you contact a lawyer who specializes in elderly law. Each state is different and you need an expert that is familiar the laws of the state in which your grandmother resides.

Grandmother's Alzheimers

It is a felony for your grandmother or you to transfer assets from her name for the purpose of qualifying for medical assistance.