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Elder Law Questions & Answers
Q: My mother died in September, I just found her Power of Attorney papers I believe my sister's forged it. What can I do?
Richard Samuel Price's answer
A power of attorney terminates at the passing of the principal. You will need to notify any financial institutions, credit cards, or any other accounts that your mother had that she has passed away by giving them a copy of her death certificate. You can also start a probate action to gather any property that your mother had. You can contact an attorney to start the probate action in the county where your mother lived.
A power of attorney terminates at the passing of the principal. You will need to notify any financial institutions, credit cards, or any other accounts that your mother had that she has passed away by giving them a copy of her death certificate. You can also start a probate action to gather any property that your mother had. You can contact an attorney to start the probate action in the county where your mother lived.
Q: My Mother Last year (2/2015) signed a POA, but now she has Dementia and needs special care, but I can't sell her home.
1 Answer
| Asked
in
Elder Law, Estate Planning and Real Estate Law
for
California
on
Answered on Apr 18, 2016
Answered on Apr 18, 2016
Andy Chen's answer
If the current POA does not include the power to sell your mom's home and her dementia means she no longer has capacity now to execute a new POA, your only option is to have your mom conserved and seek court permission to sell the home. This can be complicated so please find a lawyer to help you.
Andy
If the current POA does not include the power to sell your mom's home and her dementia means she no longer has capacity now to execute a new POA, your only option is to have your mom conserved and seek court permission to sell the home. This can be complicated so please find a lawyer to help you.
Andy
Q: My father married a woman they have been married 5 years. 2years into the marriage he was diagnosed with dementia.
1 Answer
| Asked
in
Elder Law, Estate Planning and Family Law
for
New Mexico
on
Answered on Apr 1, 2016
Answered on Apr 1, 2016
Terrence H Thorgaard's answer
You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?
You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?
Q: My brother is being evaluated for dementia and lives in Kansas City, Missouri. Can I be forced to be legal guardian?
Robert D. Kreisman's answer
No. Assuming your brother has no power of attorney in place before he became afflicted with dementia, the probate court in Missouri would likely appoint a public guardian if there are no family members or someone close to your brother nearby, but the court cannot force anyone in this setting to accept the role of guardian of the estate and person of a disabled person or one alleged to be disabled.
No. Assuming your brother has no power of attorney in place before he became afflicted with dementia, the probate court in Missouri would likely appoint a public guardian if there are no family members or someone close to your brother nearby, but the court cannot force anyone in this setting to accept the role of guardian of the estate and person of a disabled person or one alleged to be disabled.
Q: Grandmother has dementia, is incompetent and has no power of attorney. What are my families options?
Robert D. Kreisman's answer
Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the financial affairs and health care matters related to the ward, your grandmother. This assumes that she would be found to be a disabled person by the court. The report of your grandmother's physician would...
Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the financial affairs and health care matters related to the ward, your grandmother. This assumes that she would be found to be a disabled person by the court. The report of your grandmother's physician would...
Q: What are the usual evidence or required documents needed for a person to terminate a conservatorship?
Nicole M. Livesey's answer
A conservatorship may be terminated when the person who is conserved makes a request in writing for the Probate Court to terminate the conservatorship. Generally the Court must hold a hearing within thirty days. The conserved person only needs to show that the conservatorship is no longer necessary by a "preponderance of the evidence" (which is a lower standard than “clear and convincing”). No medical records or evidence is needed but it could be helpful. If you are currently conserved...
A conservatorship may be terminated when the person who is conserved makes a request in writing for the Probate Court to terminate the conservatorship. Generally the Court must hold a hearing within thirty days. The conserved person only needs to show that the conservatorship is no longer necessary by a "preponderance of the evidence" (which is a lower standard than “clear and convincing”). No medical records or evidence is needed but it could be helpful. If you are currently conserved...
Q: Can a skilled nursing facility legally re-direct my mothers Social Security direct deposit to themselves? I am her POA.
Andy Chen's answer
It depends on whether the nursing facility became your mom's Social Security payee. The fact you have a POA over your mom doesn't matter as the Social Security Administration does not recognize POAs.
Andy
It depends on whether the nursing facility became your mom's Social Security payee. The fact you have a POA over your mom doesn't matter as the Social Security Administration does not recognize POAs.
Andy
Q: Elderly sitting, like babysitting but for the elderly
1 Answer
| Asked
in
Elder Law, Business Formation and Contracts
for
Oregon
on
Answered on Mar 9, 2016
Answered on Mar 9, 2016
Mr. Michael O. Stevens' answer
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens the insurance not only will cover the damages, but will defend you as well.
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens the insurance not only will cover the damages, but will defend you as well.
Q: Can a guardian of an elderly change the beneficary on a bank cd Lucas county ohio Huntington bank
Matthew Williams' answer
That depends on what you mean by "guardian," but generally yes, guardians are empowered to make legal and financial decisions for the ward.
That depends on what you mean by "guardian," but generally yes, guardians are empowered to make legal and financial decisions for the ward.
Q: My Mother in law and her husband reside in a senior housing community. He is now hospitalized and
1 Answer
| Asked
in
Elder Law, Family Law, Social Security and Workers' Compensation
for
Pennsylvania
on
Answered on Feb 27, 2016
Answered on Feb 27, 2016
Timothy Belt's answer
If the money is in a joint account, it belongs to both of them regardless of the initial source of the money.
If the money is in a joint account, it belongs to both of them regardless of the initial source of the money.
Q: I know of a senior citizen who is disabled, and needs to find a lawyer to do pro bono for a Chapter 7 for her. Help
Keith Petrochko's answer
Garnishments don't happen overnight, but you certainly shouldn't wait to act on past due bills. There are many attorneys and legal clinics that would be happy to help. Contact the Florida Bar's lawyer referral service for help finding pro bono help; they can be reached at (800) 342-8011.
Garnishments don't happen overnight, but you certainly shouldn't wait to act on past due bills. There are many attorneys and legal clinics that would be happy to help. Contact the Florida Bar's lawyer referral service for help finding pro bono help; they can be reached at (800) 342-8011.
Q: I'm trying to set up a beneficiary deed on behalf of my dad in my brother's name
1 Answer
| Asked
in
Elder Law, Estate Planning and Family Law
for
Colorado
on
Answered on Feb 10, 2016
Answered on Feb 10, 2016
Tristan Kenyon Schultz's answer
I am sorry to hear about your father's health. If you have a valid power of attorney, you can add your brother and/or mother on the deed. This should occur at the county property offices where your father's home is located. Make sure to bring the power of attorney (bringing your mother is also a good idea). Under normal conditions, your mother would automatically be considered included as have an interest in all your father's property (unless there is a prenup, etc.). I cannot comment on the...
I am sorry to hear about your father's health. If you have a valid power of attorney, you can add your brother and/or mother on the deed. This should occur at the county property offices where your father's home is located. Make sure to bring the power of attorney (bringing your mother is also a good idea). Under normal conditions, your mother would automatically be considered included as have an interest in all your father's property (unless there is a prenup, etc.). I cannot comment on the...
Q: is there a title 36 in rhode island, for a mentally ill adult for evaluation ordered by the courts?
Neville Bedford's answer
There are many rules in the various courts for addressing evaluations. Title 36 Parks, Forests, and Public Property can't be what you are referring to. Are you referring to the federal court rule 35? https://www.law.cornell.edu/rules/frcp/rule_35 that makes more sense.
There are many rules in the various courts for addressing evaluations. Title 36 Parks, Forests, and Public Property can't be what you are referring to. Are you referring to the federal court rule 35? https://www.law.cornell.edu/rules/frcp/rule_35 that makes more sense.
Q: Is it too late to protect assets if I am already in a nursing home?
Adam Studnicki's answer
Talk to an elder law or estate planning lawyer about your situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get legal advice and...
Talk to an elder law or estate planning lawyer about your situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get legal advice and...
Q: How do I find out statue of limitations on Financial Exploitation of the Elderly./
Adam Studnicki's answer
Talk to a local elder law or elder abuse lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
Talk to a local elder law or elder abuse lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
Q: How can I find out a statue of limitations?
Adam Studnicki's answer
Talk to a local elder law or elder abuse lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
Talk to a local elder law or elder abuse lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
Q: My 68 year old alcoholic father was diagnosed last year with dementia and is driving drunk. How can he be stopped?
Julie A. Rice's answer
You can have a welfare check done by the police and if they determine he is a harm to himself or others they can Baker Act him but that's very short term. If you want to do something long term you need to get letters of administration over his person from the GA probate court and then find a long term facility that has a bed for him.
You can have a welfare check done by the police and if they determine he is a harm to himself or others they can Baker Act him but that's very short term. If you want to do something long term you need to get letters of administration over his person from the GA probate court and then find a long term facility that has a bed for him.
Q: With regards to AZ Rev Stat § 14-5412 (2015) -What does "breach of the obligation of the bond of the conservator" mean?
Adam Studnicki's answer
You can ask a lawyer to review the terms of the bond and surrounding circumstances.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get...
You can ask a lawyer to review the terms of the bond and surrounding circumstances.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 and documents. I strongly encourage you to consult with a local lawyer to get...
Q: What is meaning/definition of cognitively impaired in regards to an elderly person in a nursing home?
Mr. Kenneth Albert Vercammen Esq.'s answer
see 42 CFR § 483.75 Administration.
. Hire attorney for guardianship. Legal Guardianship of a Parent or Adult Family Member
Kenneth Vercammen’s Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can...
see 42 CFR § 483.75 Administration.
. Hire attorney for guardianship. Legal Guardianship of a Parent or Adult Family Member
Kenneth Vercammen’s Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can...
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