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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
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An elderly woman has been hospitalized with a broken hip.

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An elderly woman has been hospitalized with a broken hip. Her two daughters have changed the locks on her house and has not given their mother a new key -- two friends who have been feeding her cats and bringing her mail, can no longer get into the house.

We two friends are wondering if she needs an attorney to over-rule some of her daughter's plans for her.

She has applied for Elderly Waiver (or Medical Waiver for the Elderly) so that she can get in-home/apartment care, etc. She has a small life insurance policy ($5000) and the Elderly Waiver department wants her to take the cash value and spend it down so she is eligible for the program. Couldn't she take the cash value, buy a prepaid funeral, and then spend what is left, to enable her to qualify more quickly? At least, she would have her funeral expenses covered.

The other friend and I suspect that her pain meds may be clouding her rationale and reason -- and we feel she may not be able to counter bad advice.

Would it be possible to get her some legal aid so that she is not coerced into bad situations and advised as to the things she can do to save her equity in her home -- reduce mortgage payments, etc.? She needs some expert advice or she may give up everything she has for no good reason.

The appropriate recourse for the circumstances that you describe is to contact Iowa Protective services (click here). The government will assess the elder person's needs and investigate whether or not she is being subjected to financial exploitation by her children. If so, then the county will appoint a public guardian to manage the woman's estate and the daughters will be forced out of the picture entirely.

Hope this helps.
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