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Alabama Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Alabama on
Q: My niece is living with my Mother and is verbally abusive and unstable how do we get her out?

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.

Kyle D Pierce
Kyle D Pierce 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.

1 Answer | Asked in Elder Law for Alabama on
Q: I have proof of a relative abusing her role as agent for my grandmother's POA, durable, financial and medical.

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman 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.

1 Answer | Asked in Elder Law for Alabama on
Q: In Alabama, will Medicare/Medicaid require a home, placed in a life estate, to be sold to cover nursing home care?
William E. Scully Jr.
William E. Scully Jr. 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... Read more »

1 Answer | Asked in Elder Law for Alabama on
Q: What rights do siblings have when their single sibling is unable to care for himself and lives in an unsafe environment?

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.

William E. Scully Jr.
William E. Scully Jr. 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... Read more »

1 Answer | Asked in Elder Law for Alabama on
Q: I signed my mother in law out of nursing hm her and husband owe property can we sell?

Her and my husband own property can we sell? We live else where. There's no power of attonery or living will.

Charles Snyderman
Charles Snyderman 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?

1 Answer | Asked in Elder Law for Alabama on
Q: How to get power of attorney for and elderly parent with dementia?
William E. Scully Jr.
William E. Scully Jr. 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... Read more »

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