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Elder Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law and Elder Law for Kentucky on
Q: There a person I know had a warrant got on her for driving on low tire in clay Co ky by her husband is this possible

I just like to know if this can be real

Timothy Denison
Timothy Denison
answered on Feb 1, 2023

No. It cannot be real unless there is much more to the story.

1 Answer | Asked in Elder Law for Tennessee on
Q: Can a Durable Power of Attorney access a ROTH IRA held at Vanguard for health care and living expenses?

Account owner is in memory care.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... Read more »

1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Office of the Public Guardian for Elderly Adults in NJ is my mom’s guardian. I don’t want this. How can I change it?
Richard Diamond
Richard Diamond
answered on Jan 31, 2023

The Office of the Public Guardian (OPG) is designed to act as a surrogate decision-maker for residents of our state who are 60 years old and over, who have been deemed incapacitated by a superior court judge. When a judge deems someone incompetent to handle his / her affairs, the court then... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Elder Law for Florida on
Q: If a sonis trying to take all the money from his mother, who was recently widowed, and the son and her were buying a hom

The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.

1 Answer | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: I have a question I would like to know what is my rights of living in an apartment building. Under Section 8. I am an I

I have a tenant that live above me that have two kids in there and they're very noisy and I could understand that kids can be kids but they're not even trying to calm them down even with the dog dropping things and all kinds of stuff I am 62 years old and I don't need the extra... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 26, 2023

This sounds like a Landlord Tenant issue and you should review your Section 8 agreement with the Housing Entity you have before proceeding toward eviction.

1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... Read more »

1 Answer | Asked in Criminal Law, Elder Law and Landlord - Tenant for California on
Q: I am trying to prove that my speedy trial right has been violated. I have a lawyer whom I have zero confidence in.

the DA has filed charges on me. (charges are false but the DA doesn't know that) what am I suppose to do to clear myself?

Dale S. Gribow
Dale S. Gribow
answered on Jan 20, 2023

you either request a new attorney (if appt'd)............

and/or set up an appt with your lawyer to share your concerns.

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I gain control as power of attorney over my now incapacitated mother.

My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household... Read more »

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

As your mother’s power of attorney, you have the exact same rights your mother would have if she were competent. Depending on the language of any agreement, that very likely includes the power to terminate the maid or to remove her as household manager.

You can then hire another...
Read more »

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2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I gain control as power of attorney over my now incapacitated mother.

My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 20, 2023

If you have your mothers power of attorney terminate the proxy, You also may want to probate your dads estate,

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1 Answer | Asked in Contracts and Elder Law for Oregon on
Q: I'm 82 & paid $18,000 to a publishing company now know they are phoney..what do I do now and do I report to senior fraud
Theressa Hollis
Theressa Hollis
answered on Jan 20, 2023

This might be considered elder financial abuse. You can use Oregon’s toll-free hotline: 1-855-503-SAFE (7233) to report it.

You can also report scams and fraud in Oregon with the Consumer Hotline at 1-877-877-9392.

For more information you can go to this website:...
Read more »

1 Answer | Asked in Civil Litigation, Education Law and Elder Law for Ohio on
Q: ORC 4117.103 -volunteer at public schools When can a qualified volunteer be turned back by principal?

be turned away directly from the principle?

Arriving at my granddaughter’s elementary school for an approved PTO volunteering event at the requested time, Right away I was met with resistance. She began using her phone. She inquired to several ladies standing close by a loc of someone.... Read more »

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

1 Answer | Asked in Estate Planning and Elder Law for California on
Q: Parent declared " unable to direct personal and financial affairs.

Parents creates a DPOA.

Later on in life 2 doctors state in writing "unable to direct personal and financial affairs."

Later, parent tells other child " can you help me remove her as DPOA." Because parent and DPOA had arguement about healthcare.

Sibling... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

If the parent needs protection to avoid others taking advantage, the best course is a conservatorship. The conservatorship will supplant any powers of attorney and provide additional powers to the conservator. Otherwise, you can litigate to invalidate any new DPOAs on the basis of incapacity.

1 Answer | Asked in Elder Law for Texas on
Q: My mom recently and suddenly became very ill. She is not of sound mind and doesn't communicate. Not sure what to do next
Tim Akpinar
Tim Akpinar
answered on Jan 19, 2023

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your mother's illness and your difficult situation. If you reached out to Texas attorneys who handle elder law and related matters, they are knowledgeable in such matters. They should be able... Read more »

1 Answer | Asked in Consumer Law, Collections and Elder Law for Maryland on
Q: A debt collector is attempting to collect a debt over 15 yo from my elderly parents who are MD. Is that possible?

By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... Read more »

1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I was falsely accused of elder abuse

My family has been falsely accused of abusing our 94-year-old mom (she is bedridden and has moderate dementia). We believe that one of mom's caregivers raised the accusations because we were not happy with her work and let her go. But we don't know for sure.

Two LAPD officers came... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 17, 2023

you can call the police...however, i doubt if they would cooperate with you.

if case is closed, then it is closed.

if you have concerns look up local criminal lawyer on this site from LA

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: In Ohio does a Power of Attorney grant an adult child the right to place a parent with Alzheimer's in a nursing home?

Is a Power of Attorney the appropriate and ethical way to do this or is obtaining guardianship more appropriate?

Moshe Toron Esq
Moshe Toron Esq
answered on Jan 12, 2023

A properly signed Healthcare Power of Attorney grants you the right to place someone in a nursing home.

The person signing it granted you that power.

1 Answer | Asked in Elder Law for Tennessee on
Q: How to change a POA for someone who's incarcerated?

He's 79 his wife has had poa for the past few years altho they've not lived together for the past 15 years. He no longer wishes for her to have poa so I'm wondering how does he change it

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 9, 2023

He Revokes the POA in writing under a Notary. Execute about 3 originals. Send one to the attorney in fact, and record one in the County he may have property. If there is a Bank involved, deliver one to it first.

2 Answers | Asked in Elder Law, Estate Planning and Health Care Law for California on
Q: I am 80 yrs old and without friends, family, or church to see to my last wishes when the time comes. Do lawyers do that?

No doctor either. I"m with Kaiser Permanente and their doctors don't keep track of what patients they have. I have a will but no one to carry out any end of life wishes.

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2023

A California attorney could advise best, but your question remains open for two weeks. Yes, lawyers do handle such matters. Your question probably went unnoticed in the general Uncategorized heading. There are lawyers who work with living wills, DNRs, and related issues. You could repost your... Read more »

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1 Answer | Asked in Family Law and Elder Law for New York on
Q: My mother has dementia, and her symptoms are progressing. I would like to know how to become power of attorney,

I am in new york

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Jan 6, 2023

Your mother must be able to understand what she is signing for her to execute a Power of Attorney. If she is unable to do so, you will need to apply for guardianship with the Court.

1 Answer | Asked in Elder Law and Health Care Law for California on
Q: DPOA documents from Another State- does California have to obide

My dad lives in another state. I am his DPOA for healthcare, financial and numerous other items. I am his healthcare proxy,also.

We have a letter signed by doctor that Dad should not be making his own financial or personal decisions.

The medical personnel Ca is stating that this... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 5, 2023

Generally, a DPOA that is valid when executed (in any state) will remain valid even if you move to another state; however, it is still a good idea to execute a DPOA in the new state. Typically a DPOA is for financial decisions, not medical.

You should probably look into a Durable Power of...
Read more »

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