The home needs repairs and I can't do them without knowing if I have to go through probate
answered on Feb 1, 2018
Speaking in general terms only, a surviving spouse would have an interest in the home of a deceased owner, as the surviving spouse would have an interest in the estate. However, depending on the family situation and the value of the home it may not be a complete 100% interest. For example, if a... View More 
My grandfather just had a stroke and is in rehab. My grandmother is still at home. They owe nothing on anything they own ( house, 35 acres of land, cars ect.) They currently have Medicare and Humana but if my grandfather doesn't improve he will be admitted into a nursing home and have to apply... View More
answered on Jan 29, 2018
I would caution you to consult with an elder law attorney, especially before making transfers. As you may know, should your grandfather require long-term nursing home care, Medicaid is an option (but only if his assets are at a certain level). In addition, any transfer of assets in the preceding... View More
He is in Alabama I’m his granddaughter in Georgia is there a way to get his current power of attorney removed
answered on Dec 30, 2017
You are sending a mixed message here. You say he was committed. That is a judicial process wherein he appeared before a judge and had an attorney appointed to represent him. That can be undone if it can be shown that he has regained his mental facilities. I don't understand what that has to do... View More
I've been living with her for 5 years in her house...how can they take it if she deeds it to me?..she don't owe or anything of that sort
answered on Oct 20, 2017
Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her... View More
Boyfriend has legal POA and I was taking care of elderly when relative illegally removed him just to use his SSI checks.
answered on May 16, 2017
Speaking generally, if a person holds a power of attorney over an individual, they owe that individual a duty of care to perform acts in that individual's best interest. When other people feel they are not fulfilling that duty there are several options for recourse:
1. If the... View More
My Mother has a bad heart and I fear for her life. My niece is a drug addict and unstable she stabbed my Mothers mattress but the police say they can not use that because Mother let her move back in afterwards.My mother is 77 and it takes so long to evict someone I fear Mother will not make it.
answered on Oct 16, 2016
Consult a local attorney concerning a restraining or protective order. Your Mom may be able to get a temporary one to protect herself immediately.
How do we handle a transfer of agent of POA, will the relative be investigated, will this relative be required to return money and accept payment of medicaid penalties for nursing home?
answered on Sep 16, 2014
You take her to court on behalf of your grandmother -- assuming your grandmother is incompetent mentally. The relative is personally responsible for his or her misconduct as an agent under the Power of Attorney.
answered on Jun 28, 2014
Not always. You can continue to have your home in many circumstances. For example, the spouse of the person in the nursing home can continue to remain in the home for his or her life. If there is a reasonable possibility that the person in the nursing home will recover and return to live in the... View More
My brother has end stage renal failure and won't take his medicines. His home is littered with cat feces, medical waste, and dirty clothes and dishes. Can he be declared incompetent? He goes to dialysis, but leaves before treatment is completed.
answered on Jun 24, 2014
This doesn't sound like a case where you can have your brother declared incompetent. Even if declared incompetent, he would be released from the psychiatric facility in short order. There is not a good legal solution to this situation. In today's world, the best you can do is to try to... View More
Her and my husband own property can we sell? We live else where. There's no power of attonery or living will.
answered on Jun 20, 2014
Assuming the property you are referring to is real estate, the answer is "no." If she wants to sell and she has the mental capacity to do so, why not have her sign the paperwork?
answered on Apr 18, 2014
This is a pretty old question so it might be too late for the particular questioner to use this information. Perhaps someone else will read it and find it useful. The problem here is that an incompetent person cannot make a power of attorney. Now, a person is not incompetent just he or she has... View More
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