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0 Answers | Asked in Elder Law, Estate Planning and Public Benefits for Arkansas on
Q: Need advice on managing mother's house for Medicaid eligibility in AR without selling.

My mother lives in Fayetteville, Arkansas, and has been unable to care for herself for over a year due to frequent hospital and rehab visits. She's currently staying in a program at Washington Regional Hospital but is being moved to a nursing home, which she isn't entirely comfortable... View More

1 Answer | Asked in Elder Law, Public Benefits, Nursing Home Abuse and Social Security for Texas on
Q: How to protect home sale proceeds from Medicaid estate recovery in TX?

My elderly dad has been in a nursing home in Texas for 2 years and on Medicaid for 5 years. He wants to sell his home, which has been sitting empty, and intends for me, his only son who is disabled and on SSDI, to keep all the proceeds. I have power of attorney over him. We want to avoid the... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your situation requires careful consideration since Medicaid has specific rules about asset transfers and estate recovery. Selling your father's home and transferring the proceeds to you could trigger penalties that might affect his nursing home coverage, as Medicaid looks back at financial... View More

0 Answers | Asked in Elder Law for Texas on
Q: can I prevent my step-sister from taking control of my dad's care during illness and preventing family from seeing him

My dad (77) has recently been diagnosed with cancer. He lives 5 hours away in Austin with his (now deceased as of 2/09/25) wife of 30 years. HER daughter has lived in the area for years and has been an active part of their lives. her family assists them with daily duties as well as transport to... View More

0 Answers | Asked in Elder Law for Texas on
Q: Granma’s WILL was probated in 2012, sister owns her home now. Now sis in nursing home so she wants quitclaim deed to me

What do I need to present to county clerk. We Live in Texas.

1 Answer | Asked in Domestic Violence, Family Law, Civil Rights and Elder Law for Michigan on
Q: I was falsely accused and convicted of domestic violence in a conspiracy to remove me as POA by my bros. I was ‘forced’

To plead guilty by a judge who was removed from the bench by the ACLU. My parents declared demented so they couldn’t speak in my behalf. They were euthanized after being isolated with a no contact order!

James L. Arrasmith
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answered on Feb 9, 2025

That sounds like an incredibly painful and unjust experience. Being falsely accused and then pressured into a guilty plea can leave deep scars, both emotionally and legally. The fact that your parents were declared incompetent and later isolated must have been devastating, especially when you were... View More

1 Answer | Asked in Elder Law for California on
Q: My son moved me into a memory care facility and gave my two dogs away, both without my consent. What can I do?

I'm 79 and very healthy, but was recently diagnosed with dementia. It's still early stage; my friends and family didn't see it coming and say they haven't and still don't see any changes in me or anything to worry about.. I'm unhappy with the move and the facility... View More

James L. Arrasmith
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answered on Feb 7, 2025

Your situation sounds very distressing, and I understand your deep concern about both your autonomy and your beloved dogs. Living with early-stage dementia doesn't automatically strip you of your right to make decisions about your life and property.

You should consider reaching out to...
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1 Answer | Asked in Elder Law for California on
Q: Senior mobile park. Male manager drove by 2 senior women who he does not like and slowed down and flipped them off.

This has been an on going problem with this bullying managerial team. They have name called, flipped the finger and he also was caught sneaking around in bushes videoing senior women walking around park. This can't be legal for managers, him and his wife who is also the same way to act towards... View More

James L. Arrasmith
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answered on Feb 5, 2025

This situation is deeply concerning and represents serious harassment and potentially illegal behavior by the management team. The actions you've described - including harassment, obscene gestures, and unauthorized surveillance - create a hostile living environment, which violates... View More

2 Answers | Asked in Civil Rights, Civil Litigation and Elder Law for Washington on
Q: My parents live in Washington state. They signed over POA to their son who lives in Florida to act as administrator

Their son took the accident settlement of 300,000.00 for himself and refuses to turn it over to our parents.

We have already established that it isn't a crime in Washington and they are not covered by Washington's elder protection laws because, although they are both in their... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

I agree with Mr. Arrasmith's answer, but I want to add that sometimes Adult Protective Services or a county criminal prosecutor will take on this type of matter, whether or not your parents are "independent." This can be considered a type of embezzlement and/or elder abuse.... View More

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1 Answer | Asked in Elder Law and Health Care Law for California on
Q: How liable are siblings if one of them drives and is 78 yrs old, terminally ill and incapable of driving?

My brother is dying from cancer. It has affected his body and mind. He lives alone in a rural area and we take him provisions 2 times a week or as needed. He thinks he can drive, but we think not. How liable are his siblings if he gets in a wreck and hurts somebody? We have attempted to... View More

James L. Arrasmith
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answered on Feb 2, 2025

You need to know that California law typically holds a driver responsible for their own actions, but complications can arise when family members have some control or responsibility over a loved one’s access to a vehicle. If it can be shown that you or your siblings failed to take reasonable... View More

1 Answer | Asked in Elder Law for California on
Q: My husband has a lawyer that I think acted in a highly unprofessional way by siding with his sons in the drawing up of

his trust, They have complete control of his assets and care if he becomes incapacitated or dies I am his wife of over 30 years and I have control over nothing except to stay in the house and get a little money to run it There are a lot of assets and money involved in the estate and the... View More

James L. Arrasmith
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answered on Jan 31, 2025

Your situation sounds concerning, and you deserve to have these issues looked into promptly. In California, if a person has full capacity, they can include conditions in a trust that require written consent from others before making changes. However, if there is evidence of undue influence or if... View More

1 Answer | Asked in Civil Litigation, Elder Law, Family Law and Products Liability for Michigan on
Q: My mother in law father passed away and thear was no will sister wont split house sale in michigan

Mother in law sister had her move in the house while the house was under probate when it got out of probate her sister kicked her out and sold house but did not split the sale with my mother in law. Also mother in law is on disabilty for haveing a problem with understaing and a other problems. Her... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2025

A Michigan attorney could advise best, but your question remains open for almost a month. I think your question may have gone overlooked in your chosen categories (Product Liability, Family Law, etc.) You mention probate, house sales, etc. Some questions do remain unanswered on this forum (and... View More

1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: Do car dealerships have to sell a car at the price they advertised it ?

I went to Dallas from Oklahoma expecting to buy a car that was advertised at a price that was going to work for me. When I got there the sales

person said he couldn't sell it at that price. I said why didn't you tell me that before I drove 2 hours to see it ? He made up some... View More

Charles Watts
Charles Watts
answered on Feb 4, 2025

Due to this being purchased in Texas you will need to post this in the Texas area because the attorney will need to be licensed in Texas in order to give you legal advice on this.

1 Answer | Asked in Elder Law and Family Law for California on
Q: Filial Responsibility Laws - California resident with parent living in Puerto Rico.

I'm a California resident and my mother has been resident of Puerto Rico for over a year now. My mother and I do not have a close relationship but I have been helping her tend to her financial obligations by making sure her rent, power, water, cable, etc are paid from her account, using her... View More

James L. Arrasmith
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answered on Jan 28, 2025

California does not have filial responsibility laws that require adult children to pay for their parents' medical or long-term care expenses. This means you are not legally obligated to cover the costs of your mother’s memory care, even if she cannot afford it herself. However, Medicaid... View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Kentucky on
Q: My siblings and the lawyer hired by my brother who was poa of our mother and is also Executor where all aware and given

Copies of warranty deed that is unrecorded that mother gave me the family home place in 2012 that I have Maintained and lived in since 2000. By the way that my siblings were asked if they wanted to live in but refused in order oldest to youngest( being me).my brother as poa transferred the property... View More

Timothy Denison
Timothy Denison
answered on Feb 18, 2025

You should hire an attorney to evaluate the estate and make sure that you get your fair share. If you want to keep the house, you would be obligated to pay your brothers portions to them through cash or a setoff so that each heir gets an equaamount.

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Wisconsin on
Q: Can my Mother revoke my sisters guardianship now or stop her activity over her finances until we can see a lawyer?

My mom made the mistake of making my sister Gaurdian in her will, she fellfracturing a hip, they immediately had a psych eval done w/hrs of finding out n has ben on a power trip from hell. I have an appointment with an attorney but it is still 3wks out. Is there anything I can do to pause or... View More

Anthony M. Avery
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answered on Jan 27, 2025

You need to hire a real lawyer that will help stop the stealing now. Contact another WI attorney.

1 Answer | Asked in Elder Law for Washington on
Q: Abuse of authority in a POA agreement and theft of lawsuit settlement by a family member.

The admininstrator was supposed to deposit the settlement check and distribut to be money to beneficiaries. He kept the money. When confronted he became extremely hostile and stated he will never turn over a dime. The law firm that handled the POA said they can't help. Who do I call?

Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

I'm so very sorry to hear about this situation - it's terrible when these types of disputes occur.

There are at least four things you can do.

1. If the beneficiaries are adults, you may be able to get help from Adult Protection Services. If the beneficiaries are...
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1 Answer | Asked in Tax Law and Elder Law for Florida on
Q: Does Florida have a law concerning Homestead that if you are a divorced widow you cannot claim this exemption?

I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 24, 2025

If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.

You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse,...
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1 Answer | Asked in Civil Litigation and Elder Law for California on
Q: Being sued by father for financial elder abuse but he filed for bankruptcy the following day. What case law is to use?

claims that I used his information to open accounts using his name for financial gain but the following day he files for bankruptcy and informs bankruptcy court that any and all the accounts he owes money on are his. What case is law is there for defense on my end. He is telling civil court that I... View More

James L. Arrasmith
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answered on Jan 24, 2025

This situation involves intersecting legal principles between bankruptcy and civil litigation. The key defense would likely center on judicial estoppel, which prevents parties from taking contradictory positions in different court proceedings. Your father's bankruptcy filing, where he claims... View More

1 Answer | Asked in Elder Law and Health Care Law for Oregon on
Q: Mom is 96 years old and has dementia. In 2018 or 2019 she had a heart attack.

She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.

Question, do we have a case?

Theressa Hollis
Theressa Hollis
answered on Jan 24, 2025

In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.

Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her...
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1 Answer | Asked in Elder Law, Gov & Administrative Law, Health Care Law and Medical Malpractice for Washington on
Q: How do i approach an aps interview as a healthcare provider under investigation for neglect/abuse of vulnerable adult?

Im under investigation for unprofessional misconduct. APS requested an interview as i already submitted a statement to the DOH. how should i except the interview to go? whats APS's process/structure usually entail? What questions do i except from this interview & whatd be the most... View More

Merry A Kogut
Merry A Kogut
answered on Jan 22, 2025

I'm so sorry to hear about your difficult situation. You have asked at least a dozen questions, and this question and answer format is designed more for one question/one answer.

If I were in your shoes, I'd be most concerned about the possibility of criminal charges. For that...
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