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Joseph McHugh,   Elder Law Attorney   in Glendale, CA        show your full name

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Recent advice by Joseph McHugh
How Much Could We Expect As A Caregiver My 92 year old Dad will be in need of a caregiver coming out of the VA Hospital and that will be his retired 66 year old son... how money could we expect in CA?
Joseph M.'s Expert Answer:     Professional Caregivers that are hired through a care agency are in the range of $15 - $25 depending on the need, and how long their shifts are. A family member, not a professional, should likely be paid about $12 per hour. There are many more variables, such as is he being paid for 24 hours, and if you are going to formalize this and have taxes taken out, and comply with California labor codes. It could be much more than what is quoted if you have the Labor Commission involved.
Responsibility Of Mortgage After Death Having power of attorney over my mom, I paid all the bills. What happens to the mortgage after her death? Can I assume this even if my name is not on the deed? I am getting married... can I put my new wife's name on the deed only?
Joseph M.'s Expert Answer:     The answer to this requires a bit more information, such as is the house titled in a Trust, and also I would want to read the actual loan papers. But, I can tell you that generally, the Mortgage company did not give you the loan, and has no obligation to you to let you assume the loan. They won't care that you can prove that you have been making the payments. Having said this, as long as interests rates remain the same or lower than your mother's loan, there may not be an incentive to make you refinance that loan in your name. However, if loan rates are greater, then there is no incentive on their part to allow you to assume a loan that they can get at a higher rate. I am not sure how the property is titled. If it is in a Trust, and you are the beneficiary and successor trustee, then you just have to get it put in your name. If it is in your Mom's individual name, you will have to open a Probate. As for putting your wife's name on it, if you own it, you can add anyone you want on it. But, at the moment, it would be considered to be your separate property. I am wishing you a long and happy marriage, but in the case of divorce, you may want to keep it as your separate property until you get a few years into the marriage.
Can 85 Old dad Decide Visitation Rights Father has dementia with behavior disorder. He is incapacitated by his Dr. He is a Victim of financial, physical, emotional abuse by Brother. Can he decide not to have my brother visit him by writing a letter to the Assisted Living facility declaring this or do I have the power under his Durable POA or Advanced HC Directive? Or should I get a restraining order against my brother?
Joseph M.'s Expert Answer:     The answer as to whether your father has the ability to keep you brother from visiting will be based on his capacity. You say he has dementia, but that does not necessarily mean he does not have moments of clarity to be able to tell the facility to restrict this visitation. If you are the agent under the AHCD, likely the facility will follow your direction. Ultimately, the Restraining Order is the best thing to permanently keep him away. However, there has to be a continuing threat to your father. Courts don't like to restrict visitation from family members. I know you say there is elder abuse, but if Dad's assets are protected by you using the Power of Attorney, and he is not physically threatened by your brother, it might be hard to get. I would try using your AHCD and work with the facility. Ultimately, you might need to establish a Conservatorship of the Person to give you the authority to restrict his visits.
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