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Elder Law Questions & Answers
0 Answers | Asked in Estate Planning and Elder Law for North Carolina on
Q: Regarding POA/Conservatorship when a person becomes permanently mentally compromised.

My sister and I are the only two children of our elderly father, who has been hospitalized for the past several weeks. He is in a delusional state and the attending psychiatrist has determined that he is unable to make decisions and that it is fairly likely that this problem will exist going... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

James L. Arrasmith
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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Kentucky on
Q: tia, any lawyers offer installments or pro bono for dying intestate in Daviess County KY? should be fairly cut n dry

she owned her house, filed for bankruptcy quite a few years back, and didn't accumulate much debt passed quickly with no nursing home involved we were in the process of making her LWT but didn't get it finalized before she passed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

Check with your local bar association or legal aid society. They maintain list of reduced or pro Bono lawyers.

1 Answer | Asked in Elder Law and Estate Planning for New Mexico on
Q: My elderly mother verbally told all her children , that who ever cared for her in her home keeps her house . Outside wil

My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not... View More

T. Augustus Claus
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answered on Nov 27, 2023

a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:

The testator (the person making the...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Mexico on
Q: Is a verbal wish of elderly parent (mother) valid with more then two witnesses.
T. Augustus Claus
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answered on Nov 27, 2023

In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... View More

0 Answers | Asked in Elder Law, Estate Planning and Family Law for Kansas on
Q: Father had a stroke several years ago and no longer receives therapy, Step mother is not physically able to provide

proper care as she has her own medical problems. My father and step mother live in there home, but my father is unable to get around and fears of falling when trying to get around, my step mother has back problems and multiple other medical issues where she is unable to assist my father in proper... View More

0 Answers | Asked in Elder Law, Federal Crimes and Probate for Texas on
Q: A 54 y/o friend who is currently incarcerated in Texas, sent his IRS Covid stimulus of $1,800 home to his mother,

who then gave it to her other son. He (the other son) refuses to send any of that money to my friend in TDCJ. Can he sue? Will a letter from an atty's office suffice as a legal encouragement to pay? Will he have to sue the mother? Since she is Power of Attorney?

0 Answers | Asked in Elder Law, Family Law and Health Care Law for Kansas on
Q: My Father and Step Mother both are unable to provide proper care for themselves,

But they both also are refusing to go into assisted living. Father had a stroke a few years ago and stop receiving proper therapy to get better and still unable to walk, Step Mother has several other medical problems of her own. They both do not eat well. The house is not being properly maintained... View More

1 Answer | Asked in Elder Law and Small Claims for California on
Q: I am the Plaintiff in a case that was filed in LB Courthouse on July 7, 2023. The Defendant, after requesting Mediation

was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do?

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take... View More

0 Answers | Asked in Elder Law for Kentucky on
Q: How is an elder abuse substantiated finding by APS prosecuted?

This is in regards to an APS substantiated finding of abuse that ended in death of an elder (he was also paralyzed). The 30 day appeal window has come and gone for both perpetrators of the crime. Are these prosecuted separately from other crimes that the perpetrators have been charged with? Nobody... View More

0 Answers | Asked in Elder Law for Kentucky on
Q: My mother has dementia and has a POA for financial and Healthcare surrogate assigned.

The alt poas are mad and hurt that they are not first. They are making trouble and influencing the financial poa. They are refusing to pay for things needed the assisted living facility has asked me to buy. The alt are going to my mother's home and taking valuables. I am in kentucky and... View More

0 Answers | Asked in Elder Law for Arizona on
Q: Is it withholding when I allow my sibling visitations to my elderly parent, but is not allowed inside my home?

Sibling is trying to visit my elderly parent, but I deny him access to my home because I do not trust him. I said he could take our elderly parent somewhere outside my home and do some bonding, or even spend time with him on the porch. Sibling is upset and threatened to take legal action towards me... View More

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Hampshire on
Q: curiuos about probate court. my dad passed and just me and my brother. where can i find my dad's will think he made one?

my dad had an financial advisor she was also dealing in family matters probate few different things. I tried reaching out to her with no response. my brother is not being honest with me I feel and not giving me any information really. wants me to sign over my dad's estate so he can be... View More

1 Answer | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

James L. Arrasmith
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answered on Nov 27, 2023

In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local... View More

2 Answers | Asked in Estate Planning, Elder Law, Probate and Social Security for Kentucky on
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish)

Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More

James L. Arrasmith
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answered on Nov 22, 2023

I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More

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0 Answers | Asked in Elder Law for Texas on
Q: I am on Medicaid and in a state funded nursing home. Can they penalize my Medicaid benefits if I reallocate my car?

I already sold and signed over the title to my POA. I don't want them to evict me! The car is still registered in my name because my mobility issues prevent me from going to the tax office to transfer ownership.

1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: How to take title when buying a house with son in Illinois

We are moving to Illinois and buying a house with our son as we are in our 70's. We are taking title as joint tenancy with rights of survivorship. If we need to be in nursing home in the future and medicaid is paying, will they be able to do estate recovery on the house after we die with... View More

Nina Whitehurst
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answered on Nov 20, 2023

Your joint tenancy with right of survivorship strategy avoids estate recovery BUT could trigger a huge Medicaid penalty period. There are better ways to do this, usually involving an irrevocable trust with a reserved right of occupancy.

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