Elder Law Questions & Answers by State
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Elder Law Questions & Answers
Q: While visiting in a nursing home in la., i slipped and fell in water in the dining room. The ins. cap is only 5,000.
1 Answer | Asked in Elder Law and Injury Law for Louisiana on Aug 30, 2015
Answered on Aug 31, 2015
Robert Jason De Groot's answer
Locally. Keep looking.
Q: The son doesn\\\'t have money for an attorney. does anyone do contingency work?
Robert Jason De Groot's answer
If you want to contest the will due to undue influence you have to have a ton of money to pay to an attorney. Sorry, but if you cannot pay an attorney for services, you do not get them. Perhaps you should contact the elder abuse hotline, perhaps you should contact legal aid in your community.
Q: my father hired a live in caregiver and paid her weekly. Then she influenced him to marry her in order to gain acces 2$
Robert Jason De Groot's answer
This sounds like a case that should be reported to the Florida Elder abuse hotline.
Q: If my grandparents deed the land to me is there a risk that that the land can be taken from me by nursing home 5 yr ?
1 Answer | Asked in Elder Law and Estate Planning for North Carolina on Aug 21, 2015
Answered on Aug 21, 2015
Catherine E Bruce's answer
Medicaid has a Five-Year Lookback period. This means that Medicaid can look back five years from the date that an applicant enters a nursing facility. Any gifts or transfers made for less than fair market value in the five years preceding the date of entry will disqualify the recipient from receiving Medicaid for a certain amount of time.
Elder Law attorneys assist families with Medicaid planning. They can help your grandparents determine what assets are going to be "countable" for...
Q: How can I help my mother who has altizmers with state assistance for a care taker during the day if my brother who is an
1 Answer | Asked in Elder Law for New Jersey on Jul 20, 2015
Answered on Aug 19, 2015
Leonard R. Boyer's answer
You need to retain counsel and seek to be appointed as her guardian by the Court. This will not be inexpensive and your brother may fight it. Good luck.
Q: Can an apartment complex make you sign forms but not allow you to date them? With the express purpose of back dating it?
1 Answer | Asked in Elder Law and Family Law for Ohio on Aug 19, 2015
Answered on Aug 19, 2015
Matthew Williams' answer
That does sound suspect. Do you have any idea of the reason for the back dating?
Q: My grandmother has Alzheimer's. How can she get the care she needs while having assets?
1 Answer | Asked in Elder Law for New Jersey on Jul 22, 2015
Answered on Aug 14, 2015
Leonard R. Boyer's answer
You need to consult an expert in elder law. Good luck.
Q: If I currently have POA for my grandmother that now lives with me, can I override a rental agreement to sell her house?
Julie A. Rice's answer
You have to evict the tenant first, and then you can sell the house.
Q: Do I need an elder law lawyer?
Adam Studnicki's answer
Medicaid has the right to recover in certain situation. Check with a local elder law lawyer about the specifics of your situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts...
Q: How many years can you get in jail for elderly or disabled abuse?
Robert Jason De Groot's answer
For a third degree felony the maximum is 5 years in prison, for a second degree felony it is 15 years.
Q: My bro has poa& h c s over my mom he lives in cal we live in fl can i reomove him as poa
Robert Jason De Groot's answer
That would be up to your mother. Go see an attorney for specifically tailored legal advice.
Q: What statue would it be when an elderly person is severely overcharged for a service, such as installation of an AC unit
Robert Jason De Groot's answer
Look up elder abuse crimes in Florida.
Q: My loved one is in an assisted living facility. I visit her on a frequent basis. I fought with the power of attorney bec
Robert Jason De Groot's answer
When you need legal advice, it is best to actually go see an attorney for a full discussion of the issues.
Q: My Mom of 91 is living with us and has dementia and it is becoming harder each day. We have thought about a nursing home
Robert Jason De Groot's answer
Perhaps. This question was posted nearly three years ago. You had to find the right nursing home at the time.
Q: What laws must be obsered when using Proxy Voting within an incorporated not for profit organisation
Robert Jason De Groot's answer
Have you read all of the corporations legal documents? That might be a good place to start. The articles of incorporation and the bylaws.
Q: Can my father refuse to pay for my mother's care with joint assets; M now in MA F remained in FL?
Robert Jason De Groot's answer
Yes, your father can refuse to pay for his wife's care. If you think that this is still a problem, go see an elder law attorney about it.
Q: What is fair for base and additional caregiver fees?
Robert Jason De Groot's answer
You asked this over two years ago, and I am afraid that there is no straight answer. Indeed, I think you are barking up the wrong tree here. That you should not be compensated for going to see your father. There are many more facts that need to be known to be able to help you. Basically, you cannot just type up some facts in a question on the internet and get a complete answer, because an attorney does not have the ability to ask questions and get answers or to understand the entire factual...
Q: I am on social secrity disability, and Iam my mothers POA and she has demtia, will this be a problem?
Robert Jason De Groot's answer
You asked this question over two years ago. What type of problem are you anticipating? It depends on what you try to use the poa for.
Q: Does a living will need to be notorized in the state of Florida
Robert Jason De Groot's answer
It should be, in my opinion.
Q: If my elderly husband passes away at home, do I have to call EMS or can I call a crematory directly to come get him.
Robert Jason De Groot's answer
Talk to hospice in your community about this.