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Arkansas Elder Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law and Probate for Arkansas on
Q: Does a financial POA cease after death? If Will created 12 yrs prior to POA anything in POA supercede it

Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2022

It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.

As a general rule, however, POAs expire at the death of the principal, and...
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2 Answers | Asked in Estate Planning, Collections, Elder Law and Probate for Arkansas on
Q: My grandfather passed away last year. My mother is executor of his estate. My grandmother is alive. He had a will.

I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 26, 2021

You can take a look at the will yourself. Go to the probate court and request a copy.

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1 Answer | Asked in Consumer Law, Civil Rights, Education Law and Elder Law for Arkansas on
Q: How should I find lawyer for - graduate student in good standing but claiming discrimination - against a university?

Looking for area of law that covers this. Perhaps Education or Consumer Law (?) - covering Title IX and/or VI violations.

Tim Akpinar
Tim Akpinar answered on Aug 17, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. There are attorneys who handle cases under those titles - you could start by reaching out to them. Good luck

Tim Akpinar

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Arkansas on
Q: Discovered my brother talked my mom into putting her home their name 3 yrs, she has passed. He believes it’s all his?

He believes he gets all, Home, Tools, all antiques. He hasn’t even called to discuss if there is even a will. There are 3 in all to inherit the property. Total of it all land is valued at $250k tools and antiques probably if sold in auction another $175. I have not lived near them in years but... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 15, 2020

If you can prove that your mom lacked the mental capacity to sign a deed when she signed it or that she had been subjected to undue influence, you might be able to convince a court to void the deed. You will need a fiduciary litigation attorney to help you.

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1 Answer | Asked in Nursing Home Abuse and Elder Law for Arkansas on
Q: A Nurse is forbidding consentual intimate relations between 2 consenting adults, what do I do
Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

It could depend on the policies of the facility. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Elder Law for Arkansas on
Q: Can I be forced to be my father’s POA or guardian? I do not want to be
Marilyn  Johnson
Marilyn Johnson answered on Oct 8, 2019

Absolutely not.

1 Answer | Asked in Elder Law for Arkansas on
Q: I have power of attorney of my grandmother. My family from MO came and took her. They got a lawyer and changed her power

Of attorney and turn her over to the state of MO. How is that right ? I have letter from DHS in AR stating that I was taking good care of her. I still do not know where she is they will not tell me!

Patrick R. Lee
Patrick R. Lee answered on Jul 22, 2019

If she is in Missouri, you will likely have to file something in a Missouri court to get control of this situation. She would have had to have been competent to give them power of attorney, and if she was and did so willingly, there's not much you can do about it.

It all depends on...
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1 Answer | Asked in Elder Law for Arkansas on
Q: If a legal guardian is found guilty of exploitation of an elder person- do they get removed from their custody?
Brandon M Haubert
Brandon M Haubert answered on Oct 18, 2018

Yes. I am not sure what happened, but if Adult Protective Services was contacted and found the guardian was not acting appropriately, then you can get the removed. This may not happen automatically. You may have to petition the court and remove the previous guardian and get appointed yourself.

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Q: My Daughters have a power of attorney on me! I'm 86 and of sound mind. I don't wish for my daughters to have power

I want to do a hand written will and notarize it naming another person ca I do this?

Brandon M Haubert
Brandon M Haubert answered on Mar 14, 2017

You can revoke the power of attorney by signing a new one or just signing a revocation of the old one. You can draft a handwritten will if you want, but it will not revoke the power of attorney. That being said, a simple revocation of power of attorney will do that.

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