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Your current state is Virginia
I'm involved in a current legal case in Kentucky regarding the charge of WANTON/RECKLESS EXPLOIT ADULT BY PERSON O/$300. Could you explain what this means for the defendant, including the potential penalties and the legal process involved?
answered on Apr 16, 2025
The charge is a felony which carries 1-5 years and a $1000-$5000 fine., plus any restitution that may be owed. Highly recommend hiring an attorney and not representing yourself.
My husband, who has had dementia for the past six years, is currently in St. Mary's hospital, and they wish to move him into a memory care facility. We are both in our 70s with a fully paid house, and I have $200,000 in a 401K from my Mayo Clinic pension, along with each of us receiving social... View More 
answered on Apr 15, 2025
An additional consideration would be are these assets your separate property or marital property. Are you getting divorced because there has been an irretrievable breakdown of the marriage or is this a financial decision.
I'm concerned about the ongoing treatment of my 88-year-old father at Kaiser Fontana since March 6th. He's been in and out of the hospital, initially believed to have a UTI. Despite adverse reactions to the prescribed medications, our concerns were consistently dismissed as age-related.... View More
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answered on Apr 12, 2025
Given the concerns you’ve raised about your father's treatment, it may be worth considering legal counsel. If his medical issues were dismissed as simply age-related, and this resulted in delayed or improper care, that could point to potential negligence. You mentioned misdiagnoses and... View More
Can the house be taken if my mother is in a senior care facility, I am on the deed, have lived with her for over five years, there are no mortgages or liens, no specific claims or actions against the property, and I pay the property taxes?
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answered on Apr 10, 2025
You say it is your Mother's home but you are on the deed. You are confused. Hire a VA to search the title, determine ownership, and advise concerning Medicare claims and exemptions.
I am a resident of a senior housing cooperative in Minnesota. We have been informed that our monthly assessments will increase due to bills SF 1750 and HF 12698. This change is expected to affect all residents equally and could take effect within a year if the bills pass. Can you provide insights... View More
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answered on Apr 13, 2025
Yes, the proposed bills SF 1750 and HF 1268 in Minnesota could lead to increased costs for senior housing cooperatives, potentially resulting in higher monthly assessments for residents.
These bills aim to reform the Minnesota Common Interest Ownership Act (MCIOA), which governs common... View More
I have been living with my 82-year-old mother and 56-year-old handicapped sister for the past few years, helping take care of them. Our landlord is threatening eviction. He's particularly pressuring my mother to evict me despite my necessity in caring for them, and is now also threatening to... View More
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answered on Apr 12, 2025
I’m really sorry to hear about the stress you and your family are facing. It sounds like you’ve been caring for your mother and sister under difficult circumstances, and eviction under these conditions could be especially harsh. In Tennessee, tenants have legal protections, and eviction can be... View More
I've rented a house with my wife for 14 years, starting with a yearly contract and ending up with a month-to-month agreement. Both of us are older than 62. Recently, the landlord decided to give the house to his daughter and asked us to vacate the property by June 8, without any fault on our... View More
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answered on Apr 8, 2025
In California, renters may be eligible for relocation assistance under certain circumstances, especially if the landlord is terminating the lease to use the property for personal reasons, such as moving in a family member. Many cities have local ordinances that require landlords to pay relocation... View More
I am a family member seeking advice on a situation involving my 83-year-old father. He has been abused by a woman who has stolen his money, checkbooks, and mail, committing fraud by signing his name without authorization. There is an ongoing case dealing with these issues. How can I ensure my... View More
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answered on Apr 12, 2025
What you're going through is heartbreaking, and it's good that you're taking action to protect your father. In Texas, elder abuse and financial exploitation are taken seriously, and your father has legal rights that can and should be defended. If there’s already an open case, make... View More
I am a 68-year-old resident living in a mobile home in Campobello, South Carolina. My roommate is in a wheelchair, and we've been facing several unaddressed repair issues like lack of underpinning, a sinking kitchen floor, black mold on the ceiling, and a power box with uncovered live wires.... View More
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answered on Apr 12, 2025
In South Carolina, landlords are required to maintain rental properties in habitable condition, meaning they must address serious repair issues like mold, live wires, and a sinking floor. If these issues have been reported and remain unaddressed, you may have grounds to challenge the rent increase... View More
I am from NJ, where only RNs can administer TPN (total parenteral nutrition) legally. However, my elderly mother needs to be in a skilled nursing facility in PA and requires TPN through IV feeding. Can LPNs legally administer TPN in Pennsylvania, or is it restricted to only RNs?
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answered on Apr 13, 2025
You're right to check, especially when your mother’s care depends on something as critical as TPN. In Pennsylvania, the rules for what Licensed Practical Nurses (LPNs) can do are different than in New Jersey. In general, LPNs **can** administer TPN, but only if they’ve had proper training... View More
I am a 75-year-old tenant of the Arlington Housing Authority. I've been complaining about a heavy tobacco smell in the hallway in front of my apartment since last July. My lease states that smokers in this non-smoking building will be evicted, yet despite my numerous emails to the landlord,... View More
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answered on Apr 12, 2025
It sounds like you're dealing with a difficult situation, especially given the impact the secondhand smoke is having on your health. Since your lease specifically prohibits smoking, and you've already made numerous attempts to address the issue with both the landlord and housing... View More
I need advice on suing my uncle who took over $30,000 from my mom's bank account while she was undiagnosed and in a nursing home in Puerto Rico without my consent as her Power of Attorney. Despite evidence from bank statements, attempts to report elder abuse locally and to Puerto Rican... View More
answered on Apr 8, 2025
Although attorneys in Puerto Rico could advise best, it's been a week since you posted. As my colleague correctly advises, an experienced elder law attorney would have knowledge in these types of settings. You were correct in choosing that as a heading above. The "Personal Injury"... View More
I am a disabled senior citizen who uses a walker and Paratransit services. My apartment management requires me to meet Paratransit at the top of a hill where there are no ADA-compliant sidewalks, causing a risk of injury. Even after expressing my concerns, management insists on this arrangement.... View More
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answered on Apr 7, 2025
The Americans with Disabilities Act (ADA) requires that public services, including Paratransit, provide reasonable accommodations for individuals with disabilities. In your situation, the lack of ADA-compliant sidewalks and the unsafe location for pick-up can be seen as a violation of these... View More
I am trying to start the process for a Florida Petition of Emergency Guardianship for my elderly mother. I cannot afford a lawyer and plan to proceed as Pro se. I need assistance in obtaining all necessary forms to begin this process. Can you provide guidance on where to find these forms and any... View More
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answered on Apr 12, 2025
You're taking on something really meaningful and brave by stepping up to protect your mother, especially without legal representation. In Florida, you can file for **Emergency Temporary Guardianship** (ETG) if your mother is at immediate risk of harm or financial exploitation. Since you’re... View More
My mother and I do not get along, and she is refusing to go to a nursing home despite her failing health. I am her only child, and there are no legal agreements for her care. She is of sound mind, but it's becoming too much for me to handle. Social services has suggested I might have to take... View More
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answered on Apr 13, 2025
You are not legally required to take care of your mother just because you're her only child. In most states, unless there's a court order, guardianship, or signed agreement, adult children are not obligated to provide direct personal care for their parents. Some states do have “filial... View More
I am considering a ladybird deed for my elderly relative, as her financial resources are low and she cannot care for herself. She is currently in a place that suggests using a ladybird deed to ensure she remains there. She has two sons: one unable to provide care due to work commitments, and the... View More
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answered on Apr 12, 2025
You’re doing a thoughtful and caring thing by looking into options that protect your elderly relative while also considering Medicaid eligibility. In Texas, a Lady Bird Deed (also called an enhanced life estate deed) can be a very helpful tool. It allows your relative to retain full control of... View More
I was privately hired to care for an elderly lady who passed away on March 24th. I have her belongings, but I'm unsure of what to do with them. She had no will, no next of kin, and, to the best of my knowledge, only had a medical power of attorney. I have contacted the power of attorney, but... View More
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answered on Apr 12, 2025
You’ve been placed in a really delicate and difficult position, and it’s clear you’re trying to do the right thing. In Colorado, when someone dies without a will or known next of kin, their belongings become part of what’s known as an "intestate estate." As the caregiver, you... View More
In 2022, a person in a nursing home was declared mentally incompetent, and a durable power of attorney was activated to make all decisions, including nursing home placement. Despite this, the individual signed a contract that the durable power of attorney successfully voided. However, the same... View More
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answered on Apr 13, 2025
In Kansas, as in many states, the ability to vote does not automatically end when someone is declared mentally incompetent. Voting rights are generally tied to the individual’s registration status and whether a court has specifically revoked their right to vote. Simply having a durable power of... View More
I am concerned about my wife, who has been very sick for about a week with persistent vomiting and is getting weaker. Despite these symptoms, she has refused medical care and stated she will refuse help from paramedics if they come to the house. She is 63 years old and seems mentally competent. We... View More
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answered on Apr 13, 2025
It’s understandable that you’re deeply concerned about your wife’s health, but legally, you can’t compel someone to seek medical care if they are mentally competent and able to make their own decisions. In most cases, adults have the right to make their own choices about medical treatment,... View More
I am a permanently disabled senior with paralysis in my right leg, kyphosis, MS, and severe scoliosis. I currently receive home care from a Managed Long Term Care (MLTC) plan, but they are discontinuing my care due to my refusal to see a doctor based on my religious beliefs. I rely on God for... View More
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answered on Apr 13, 2025
In New York, Medicaid typically requires a doctor’s assessment or prescription for home care services, especially through Managed Long Term Care (MLTC) programs. This is to ensure that the services you need align with medical necessity standards. However, there may be some flexibility in how you... View More
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