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Questions Answered by Jacqueline A. Cara
1 Answer | Asked in Family Law for New York on
Q: My sister suffered cardiac arrest 7 years ago and had been in a vegetative state. I wanted to be the guardian.....

but the skilled nursing home said I could not because I lived out of state. So, unfortunately, she became a ward of the state. She has since passed away and the guardian did not inform me nor my sister. The nursing home called me to let me know. My sister called the guardian and he said he would... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

First, I am so sorry for your loss. If you are not hearing from the guardian, put your requests in writing and write a letter to the court about your inability to contact the guardian about your sister's ashes. If you have access to the original court order appointing the guardian, you will... View More

1 Answer | Asked in Elder Law and Nursing Home Abuse for New York on
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over

My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside... View More

1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More

3 Answers | Asked in Divorce and Family Law for New York on
Q: I’m separated. I have no income, Lawyer says I’m eligible for maintenance but no word back from lawyer in months?Normal?

I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process.... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

I would try contacting your attorney again by phone and by email. If you are not able to get a response in a reasonable amount of time (3 days) let the attorney know that you may have to file a complaint if you don't hear back.

Alternatively, you can try to retain new counsel. If...
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3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: I have a will created in 2015 in FL. I since sold the residence listed in the will. Do I need a new will to list my new

Home or attach a paper to will with new home address?

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

It depends on how the documents were written. A local estate planning attorney would be the best person to advise you.

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: in the process of a divorce in Nassau . My wife and I both own the familial home. She accused me of Unlawful Eviction

we are in divorce process. she lives with my sister and i live in family home. we both own it. we were both arrested as she accused me of blocking access to home, and she was arrested for criminal mischief and destruction of property after sawing the locks. There was no violence. We were both... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

First, you should be finding a lawyer to represent you against the criminal charges. You should also consider hiring a divorce attorney to help you find solutions to these issues in a peaceful way.

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