More information is needed to respond to your question. Please consult an elder lawyer in your area. You can locate one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Money is significant, multiple bank accounts, all emptied within a couple hours, for what can only assume is their own personal use. Does not benefit in any way the principle. Squabble in family over other estate matters within another country. Either country recognizes the other country's... Read more »
I assume you are trying to ask whether a bank can be sued if it allows an adult child of the principal (account owner) to withdraw funds by use of a power of attorney signed by the principal. Probably not, unless the POA was not in the proper form or the agents of the bank had reason to know...Read more »
She is unable to pay her bills and refuses any type of help or to go to the doctor. I fear for her safety. Wellness checks from the Department of Public Safety in La Mirada have resulted in reports that state that she should not be alone. Home visits from SASSFA have stated that she is confused... Read more »
She can grant you Power of Attorney if she has the capacity to.
It sounds like it might be too late for her to sign anything. In that case you have to get the court to grant you a conservatorship. It will require a form from her doctor plus a pile of papers, and an investigator will...Read more »
My mother has dementia. My father can no longer take care of her. My sister discovered she was hiding her medication which allowed her to become violent. She has been in hospital since last episode and back on her meds with no violent episodes for over a week. A county run facility near her home... Read more »
6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »
If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a...Read more »
If your sister has mental capacity and is able to understand and comprehend then you can accomplish what you need with a Florida Estate Planning Attorney drafting a Florida Durable Power of Attorney, if you sister is unable to comprehend things and is lacking mental capacity then you will need to...Read more »
The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »
My stepson is under a conservatorship is mother is currently he’s conservator. He was working a job and gave her the money and she’s using that money to start her own business is that legal and what can I do to put a stop to this
A portion of your question is missing; however, it appears you are asking if a conservator can spend money belonging to the conservatee's estate on bills/expenses/assets of the conservator. The answer is no. The conservator is answerable to the court for how the estate funds are spent. Get...Read more »
You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being...Read more »
If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:
My husband and I have no children. We are each other’s executors. So clearly, one of us won’t have an executor. This isn’t a problem to us as we have agreed to leave anything left over in our estate to charity. But in the state of Indiana, there is a requirement of Authorization needed before... Read more »
This is always a difficult question. It is not really a question of law. It really is having people in your lives that you trust. Sometimes clients in your situation look to friends, more distant relatives or trusted professionals, like a CPA or attorney who you can trust. Really, your wills,...Read more »
What forms do I file a petition with the Probate Department to remove a power of attorney based on financial elder abuse? I have already contacted APS and local police, they are telling me to request the courts for the POA to hand over financial records so the POA can be removed due to the abuse.... Read more »
Unfortunately, this situation will likely require a conservatorship, which is a court-monitored process that can and will revoke the Power of Attorney. If the older adult had a trust in place, it's possible that a conservatorship would not be necessary. Either way, please consult an elder...Read more »
Yes. I'm not sure of your exact question. Are you concerned about her losing benefits? Residence issues? In some cases, him moving in can have numerous benefits regarding preserving her estate. I recommend sitting down with an experienced estate planning attorney to review the situation in...Read more »
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