Lawyers, Answer Questions  & Get Points Log In
Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Wrongful Death for Texas on
Q: Frail Elderly visitation has been overlook due to caregiver has place No Trespass Notice for 4 years.

Caregiver works full time and dad is 88 years old stays all alone without no family contact. How do I present a case cuz the autopsy report does not show the caregiver in favorable eyes!

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 24, 2021

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)

1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Florida on
Q: Recourse for financial bank POA abuse if the agent (child) resides in Florida and the principal (parent) is non resident

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2021

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 »

1 Answer | Asked in Family Law and Elder Law for California on
Q: How do I get Power of Attorney over my mother's finances?

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 »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jun 22, 2021

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 »

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Can a county run facility refuse to accept an individual?

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 »

Peter N. Munsing
Peter N. Munsing answered on Jun 21, 2021

Call the office of aging in the area. Get a consult from a certified Elder Law attorney. Contact each if your County Commissioners.

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Michigan on
Q: Mom is in the hospital in California and wants to do a ladybird deed for her house in Michigan how do we proceed?
Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

You should have a Michigan attorney draft the deed, and then somehow, your mother will need to sign it before a California notary.

View More Answers

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Can my apartment complex not do needed repairs which affect my apartment?

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 »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for New York on
Q: I dont know anyone who can sign a durable power of attorney form. We dont have living friend that could do it. What now
Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 17, 2021

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 »

2 Answers | Asked in Elder Law for Florida on
Q: Is a POA the same as guardianship? Differences please. This is for a person who is competent and in a nursing home.

My sister is in a nursing home in Pensacola, FL. They advised me to seek guardianship or POA. What are the differences and limitations or each? I live in Maryland.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

You may find this list helpful as a reference possibly and for guidance.

Power of Attorney v. Guardianship

The POA agent (appointed person) is chosen by the principal (the one who appoints authority or giving POA) The guardian (appointed person) is chosen by the court.

Less...
Read more »

View More Answers

1 Answer | Asked in Elder Law for Florida on
Q: The administrator at my sister's nursing home advised me to apply for guardianship or POA. Can you assist with questio?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

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 »

1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
Read more »

1 Answer | Asked in Elder Law, Family Law, Health Care Law and Juvenile Law for California on
Q: My stepson’s mother is his conservatorship why he’s in a mental group home I just found out that Her his money .

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

Jackie Marie Howard
Jackie Marie Howard answered on Jun 14, 2021

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 »

1 Answer | Asked in Elder Law and Health Care Law for Tennessee on
Q: We own our home. How can we make sure the state cannot take our home if we should need long term care? Income is ss
Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

There is no perfect way to protect assets, but the sooner the better. Consult with a competent attorney about risks and Deed options.

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's ALF paperwork.

Association:

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 11, 2021

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 »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

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:

https://en.wikipedia.org/wiki/Arbitration

1 Answer | Asked in Estate Planning and Elder Law for Indiana on
Q: Final wishes if executor has already died.

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 »

Steven J. Fromm
Steven J. Fromm answered on Jun 5, 2021

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 »

3 Answers | Asked in Criminal Law, Estate Planning, Family Law, Elder Law and Probate for California on
Q: File a petition to remove Power of Attorney in California

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 »

Sally Bergman
Sally Bergman answered on May 30, 2021

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 »

View More Answers

2 Answers | Asked in Probate, Arbitration / Mediation Law, Civil Rights and Elder Law for New Jersey on
Q: My Aunt (now deceased-covid) had a will in 2008. The person on that will is contesting “new” will. Stating incompetent

He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 30, 2021

This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.

View More Answers

1 Answer | Asked in Elder Law for Ohio on
Q: My mother is disabled on SSI can my brother move in and take care of her .
Andrew Popp
Andrew Popp answered on May 24, 2021

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 »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Pennsylvania on
Q: Can a Trustee refuse to make a distribution to a beneficiary of a discretionary trust and

then ignore said beneficiary requests for an explanation?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 22, 2021

The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.

To answer your question correctly, a lawyer would need to examine the wording of Trust document.

1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Louisiana on
Q: Gretna,LA if someone comes to a apt unannounced and proceeds to punch a front door in of seniors with intent on harm

My exes new boyfriend came to my folks apt unannounced and punched the front door in with intent on harming a member of the family

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 21, 2021

Call thr Sheriff's office and file a criminal complaint for criminal damage to property. Take a picture of the door damage.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.