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Elder Law Questions & Answers
0 Answers | Asked in Elder Law and Tax Law for Minnesota on
Q: My wife and I entered into an agreement to provide care for my father in law. How do we handle taxes?

He is paying out of pocket. He can’t consider it as a gift, we will be looking for Medicaid assistance after his funds run out. All of the info I find discusses tax implications when Medicaid pays family, not when the one receiving care is paying. We’d prefer to save him money any way we can,... Read more »

0 Answers | Asked in Elder Law for North Carolina on
Q: My mother is 99 years old and suffers with dementia. My sister has power of attorney for her. She refuses to be placed

into a nursing home even though she is unable to care for herself. Can she be placed into a nursing home without her consent with the POA?

0 Answers | Asked in Elder Law for Louisiana on
Q: I have poa for my mother and can not get access to her home. What can be done?

My mother's husband will not allow me access to her home. Her house is in her name only and she owned the house when they got married. What can I do to make him give me access?

0 Answers | Asked in Banking, Civil Litigation, Elder Law and Identity Theft for West Virginia on
Q: My sister in law has my husbands aunts checkbook, debit card and such. Who do I contact in WV for the return?

We sent her a registered certified letter for this. My brother in law was POA for the aunt but he died.

0 Answers | Asked in Real Estate Law and Elder Law for California on
Q: Can a potential buyer of a property demolish the house on the property when the seller has not been received any money?

My mother in law is selling her property and has had to move out and has a fence placed around the property, and has been told once the house is demolished and the city of Torrance (whom she has never dealt with because it's in an unicorporated Los Angeles area) okay then she will receive the... Read more »

0 Answers | Asked in Family Law and Elder Law for California on
Q: Do I have any legal recourse for my elderly mother who seems to have serious mental health issues?

My elderly mother lives with my brother (46). Neither are employed. Recently, my adult daughter has been staying with them while apartment hunting. She said my mother and brother have been acting very strangely. They have very little furniture. They sleep on the floor in the livingroom. The house... Read more »

0 Answers | Asked in Personal Injury, Civil Litigation and Elder Law for Maine on
Q: I’ve been staying at my mother’s apartment, temporarily. She and her neighbor, across the hall, both in their 80’s, were

cordial, but not close. It was revealed, without a doubt, this neighbor placed a false complaint to the state’s elderly abuse hotline naming me as the culprit. Last week, we woke early to welcome a caseworker and police investigator into the apartment. They both explained,“we get many calls out... Read more »

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: My mom is 79. She has giving up on the will to live, but will not give my 3 sisters or I power of Attorney

She sits in her own Feeses & Filth until one of us show up & check on her.

She still has her mind, but we want to know what we can do to get her help. Everyone says without Power of Attorney we cant do anything.

What can we do

Joseph Jaap
Joseph Jaap answered on Nov 29, 2021

You can file for a guardianship in the probate court. Check the probate court web site for the guardianship process, and use the Find a Lawyer tab to retain a local probate attorney who handles guardianships to advise you. You can also call local senior services to assist until the the... Read more »

1 Answer | Asked in Collections and Elder Law for Virginia on
Q: My father was a victim of fraud I am now his POA. I need to obtain legal assistance to sort through corrective action.

My father was involved in a Publishers Clearing House scam. Police reports were filed and now receiving numerous letters from attorneys to pay back credit card debt. Need significant assistance to navigate.

Steven Krieger
Steven Krieger answered on Nov 26, 2021

Many credit card companies have some type of fraud department that investigates these claims, but if not, I'm sure you could hire a lawyer to respond to the attorneys who are reaching out. I'm sure anyone who responds would be happy to help and will need to see the letters you've... Read more »

0 Answers | Asked in Elder Law for Florida on
Q: Is a 1million dollar bond for financial elderly abuse excessive for a defendant with no prior record .

Charges were filed by other family members not the so called victim

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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0 Answers | Asked in Domestic Violence, Criminal Law, Family Law and Elder Law for Texas on
Q: Would an 86 years of age woman with no history of violence but who is now under investigation due to verbal outburst but

not physical violence need an elder law attorney or family violence attorney or both? She also has diabetes and health issues that medical review may show influenced anger in emotional situation.

She lives in Liberty of Liberty, County but she is now under investigation by Adult Protective... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Michigan on
Q: Are we able to retain ownership of our home if we qualify for Medicaid; what is the max. income to qualify for Medicaid?

Are there other assets Medicaid can take from our estate?

Brent T. Geers
Brent T. Geers answered on Nov 24, 2021

Depends on who you mean by "we" and who would be the qualifying person for Medicaid. Ordinarily, the value of the primary residence is exempt for qualification purposes; you can "keep" it while the person is alive. However, once a person dies, the state may seek to recover what... Read more »

0 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Elder Law for Washington on
Q: What do you need to press charges against someone?

What constitutes invasion of privacy?A person came into my mothers home. , started reading her mail.And proceeded to tell her about it.He was uninvited it was none of his business.she tried to tell him ,to leave her alone.he wouldnt listen.know he is threatening a family member with larceny... Read more »

2 Answers | Asked in Estate Planning, Banking, Collections and Elder Law for Utah on
Q: Is the surviving spouse responsible for the debts of the deceased spouse
Wesley Winsor
Wesley Winsor answered on Nov 22, 2021

Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... Read more »

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0 Answers | Asked in Elder Law for Texas on
Q: Can a medical power of attorney be exercised without the named agent being physically present?

ie. Does a hospital or attending physician have to physically see the original notarized power of attorney document as well as the ID of the person presenting the document, to verify they are the agent named in the PoA, before acting on the power of attorny's authority to make decisions?

1 Answer | Asked in Family Law, Criminal Law and Elder Law for California on
Q: My ex-husband is 64 with advanced dementia. His girlfriend married him 6 weeks ago My daughter needs help to annul it.

His girlfriend cashed out his 401K and used his credit. She refused to let anyone talk to him over the past 2 yrs. She refused to take him to the doctors. He was wandering around daily in his Camptonville neighborhood. He has gone missing several times. My daughters and I flew out to check on him... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2021

more info is needed.

this is not a criminal case unless you are referring to someone to represent his new wife.

make an appointment with a local lawyer in your area.......maybe one who does conservatorship etc???

0 Answers | Asked in Elder Law and Social Security for California on
Q: Do I need to file court papers a bank to release it from my husband's name to mine ? For medi-Cal when I'm not listed .?

I did not have a valid California driver's license or ID at the time, and the bank wouldn't let him put me on his account because of that, at the time when he opened his account for his social security disability checks, now I have till December 31st , to switch the account into my in... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: Does a successor agent of a durable POA have the right to file a unlawful detainer summons original agent is still actin

My aunt is trying to have me evicted from my grandmother's property against her wishes. She forged her name as the plaintiff on the summons but filled out the details in her own name. That's what I wrote in my answer. However we had a hearing where my aunt gave the judge a paper I did not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2021

Stop playing lawyer and hire one.

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