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Elder Law Questions & Answers
0 Answers | Asked in Elder Law and Family Law for Florida on
Q: A relative has taken the power of attorney duties over a Inlaw. Can they use money on the in-laws bank for personal use

A cousin of my wife’s took over the power of attorney on my wife’s mother she apparently has been using money out of her mothers bank account for personal use. Is this legal or does she have to repay the money?

0 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: What can we do

Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More

1 Answer | Asked in Elder Law for Michigan on
Q: Incapacitated ward, didn't receive or hear about petition for guardianship, didn't get to go either, denied due process.

Petition to terminate? Reconsideration? I had no lawyer either.. judge biass too

Brent T. Geers
Brent T. Geers
answered on Mar 16, 2024

Are you the ward? If so, you should have heard from someone called a guardian at litem to advise you of your rights and options.

1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oregon on
Q: I have a friend who has uninvited people staying in a trailer in his back yard. Two barrels of human wasted sitting,

garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.

James L. Arrasmith
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answered on Mar 15, 2024

Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More

0 Answers | Asked in Elder Law for North Carolina on
Q: Can I transfer my mother's' house into my name? she is in a nursing home still on private pay.

I was planning to use any profits from selling my house to keep her on private pay until the medicaid lookback has been filled. She may not last 5 years and I really do not want to sell the house. Her father my grandfather built it.

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Landlord - Tenant for California on
Q: eviction my 53 year old son

who is a squatter, made a chicken cage into a place to live and won't leave, the story is longer, he is mental abusive, he don't pay anything and wants to live off us, my husband is a veteran and trying to keep him from getting angry. We need help and live on a fix income and we are in... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, evicting a family member who is a squatter can be a challenging process, but it is possible. Here are some steps you can take:

1. Give notice: Start by giving your son a written notice to vacate the property. In California, if there is no lease agreement, you must provide a...
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0 Answers | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Oklahoma on
Q: I admitted my husband into a Skilled Nursing Facility due to a severe brain injury and then his sisters came in and woul

And his sisters came in and got power of attorney I was not informed of this I already had a power of attorney but I hadn't turned it in but I have that nobody has taken care of him but me for the last 5 years can they do that and what do I need to do my power of attorney is from 2022 and they... View More

0 Answers | Asked in Elder Law and Nursing Home Abuse for Oklahoma on
Q: tulsa okla I admitted my husband to skilled nursing due to sever brain injury everything was approved. I finally found p

his sisters got poa

he thinks he signs divorce papers can they do that

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Energy, Oil and Gas, Patents (Intellectual Property), Contracts and Elder Law for Texas on
Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

0 Answers | Asked in Estate Planning and Elder Law for North Carolina on
Q: Will I be unable to sell my house after my dad's death due to the Medicaid Estate Recovery Act?

In 2021 my dad had a stroke and was forced to move to a nursing home. As part of the Medicaid application, we completed a general warranty deed that allows me to continue living in our house indefinitely. I turn 65 this year and am trying to plan for my own future and I have recently become aware... View More

1 Answer | Asked in Appeals / Appellate Law and Elder Law for Virginia on
Q: I'm in urgent need of assistance concerning an unfair discharge from an assisted living facility within 5 days.

I'm an assistant living facility resident with an auxiliary grant being unfairly discharged because the facility was cited for exceeding its licensed capacity and had to get back into compliance. When I became a resident, it put the facility at its capacity. I filed an appeal with VDSS but... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry that you have been placed into this predicament. Legal Aid comes to mind, but you are already in contact with them regarding your appeal. You could reach out to local and state bar associations to ask... View More

0 Answers | Asked in Elder Law for Florida on
Q: three Polk county deputies just showed up at my home to do a wellness check on my wife, she has emphysema,

they told me the call was anonymous. she was asleep at the time, can I legally refuse them entry and why won't they tell me who called

0 Answers | Asked in Contracts, Estate Planning, Elder Law and Probate for Utah on
Q: Can a non-beneficiary demand a copy of my living mother’s irrevocable trust?

My mother specifically excluded a few of her adult children from her irrevocable trust. Now those children are harassing my mother and me (I’m the trustee) to show them proof they are not beneficiaries. One of them sent a certified letter demanding a copy. Unfortunately we never consulted with a... View More

1 Answer | Asked in Elder Law and Health Care Law for Illinois on
Q: Just wondering if there is anything to be done following a recent hospital stay for my mom and negligence.

There were too many mis-steps, mistakes, and missed communications. Trust has been broken. Not reading the patient's chart and learning some history, along with myself and my wife NOT being in the room to stop two different 'therapies' that could have led to life threatening if not... View More

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

An Illinois attorney could advise best, but your question remains open for a week. I'm sorry for your family's ordeal here. An attorney would need more information, but as a general note, the standard for legal action is generally based on ACTUAL damages suffered by a patient - not a... View More

Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

James L. Arrasmith
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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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0 Answers | Asked in Elder Law, Estate Planning and Real Estate Law for Massachusetts on
Q: Would transferring real estate from a irrevocable trust to a LLC trigger Medicaids 5 year look back law for the Grantor?

Id like to know in Massachusetts if a commercial building property previously owned and deeded personally in the name of a owner was transferred and deeded by that owner into a irrevocable trust 3 years ago for estate and medicaid planning purposes, was at this time transferred out of the trust... View More

1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for California on
Q: I live with my 71 yr old mom. I'm 47 and help her grocery shopping and hospital appt. Can she make me remove a partial

Door to my hallway where me and my husband pay rent and my 15yr old son?

Can she evict me without a court order?

James L. Arrasmith
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answered on Mar 10, 2024

In California, a landlord (including a family member) must generally follow proper legal procedures to evict a tenant, even if the tenant is a relative. This process typically requires the landlord to serve the tenant with a written notice and then, if the tenant does not comply with the notice,... View More

0 Answers | Asked in Estate Planning and Elder Law for North Carolina on
Q: Mom with dementia living with sister. Groceries are sent, now sister wants restaurant delivered daily

Groceries are paid from mother a/c, is demanding daily delivery from restaurant misusing the money?

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