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I am trying to find a lawyer with experience in adult protective services cases in Carlisle, PA. I want to arrange for someone to accompany me when visiting my mother, who lives with my cousin, due to past altercations, including a physical incident. My concerns involve the management of my... View More 
I have opened a joint checking account with my elderly mother, and the funds in this account are strictly used to pay her expenses as they come due. Do I need to pay half or all taxes on the money in the account, considering the funds are utilized solely for her expenses?
answered on Mar 25, 2025
What taxes to you think might be levied upon money in a bank account?
I am my father's durable power of attorney and need to change his address with Social Security and Medicare to ensure all his mail is sent to me in California, while he resides in a skilled nursing facility in Massachusetts with dementia. This is crucial to avoid any disruption in his Social... View More
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answered on Mar 25, 2025
As your father's durable power of attorney, you can update his address with Social Security by calling their national number at 1-800-772-1213 or visiting your local Social Security office with your power of attorney documentation, your ID, and your father's Social Security number.... View More
As a retired senior living in a tax-credit-subsidized apartment in Texas, I've received a lump sum settlement from a class action related to a cancer diagnosis issue. I've never reported other settlements because I've never received any before. My lease doesn't state that I have... View More
I am seeking legal advice about placing my 20-year-old nephew, diagnosed with bipolar disorder, borderline autism, and schizophrenia, in a care facility for individuals with mental disabilities. He has been Baker Acted and Marchman Acted multiple times, but is released after 72 hours. He has... View More
I'm setting up an irrevocable trust to protect an elder's assets in order for him to become Medicaid eligible. Is it necessary for the attorney to list the specific assets intended to fund this trust in the trust document?
An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More
answered on Mar 20, 2025
There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).
Secondly, if she abused his funds, she could be guilty of a felony... View More
I'm concerned about whether a retail theft record, which was expunged on March 18, 2024, might appear on a live fingerprint scan for employment purposes working with the elderly. Could there be issues based on jurisdiction-specific rules? I'm particularly interested in how this applies in Illinois.
My mother, who has dementia, is currently under the care of a nursing home, and her power of attorney has been negligent, preventing her son, who is her favorite, from having any contact with her. The nursing home has made false claims that the son is discourteous and disruptive, but we have a... View More
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answered on Mar 16, 2025
If your mother lacks the capacity to terminate the POA herself, your only option is to go to court to get a guardian appointed for your mother.
I was originally listed as the executor of my mother's estate, and her elder law attorney indicated that probate might not be necessary, leading me not to enter the will into probate court initially. My brother later went to court and had himself appointed as the personal representative of the... View More
My cousin, who has Alzheimer's, received stitches at a hospital in Oklahoma. Her husband, who holds power of attorney, advised waiting to see how she would do before seeking further medical treatment, as she seemed absolutely alright, just like another day. Hospice mentioned it wasn't... View More
I'm seeking a lawyer to create a power of attorney for my 91-year-old mom to ensure decisions regarding her healthcare and financial matters are covered. She is currently capable of making her own decisions. Could a lawyer assist with the process and advise on any specific conditions or... View More
answered on Mar 19, 2025
Make an appointment with a lawyer who drafts estate planning documents in your jurisdiction. Your mother (and you, really) needs four documents at least: (1) a last will and testament; (2) a durable statutory-compliant financial power of attorney (POA); (3) a healthcare POA; and (4) an Advance... View More
My father passed away two years ago and was in hospice care for the last two months of his life. During that time, my step-brother, who was designated as a 'trusted user' on my father's bank accounts, withdrew all the funds from these accounts, including those with listed... View More
My elderly relative fell out of bed at home despite having bed rails. She received stitches afterward. The caregiver is not licensed, has been putting her to bed for a year without issues, and was not present during the incident. The only other person present was her husband who was in bed with... View More
Is a Resident Agreement of a Residential Care Facility for the Elderly (RCFE) in California valid if the agreement was signed by a prospective resident who was disoriented, had a severe mental health disorder, and was deemed incompetent to manage her own financial affairs? The resident's son,... View More
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answered on Mar 9, 2025
In California, an agreement signed by someone who lacks mental competence or is disoriented at the time of signing generally raises serious validity concerns. If your loved one was suffering from severe cognitive impairment, mental health issues, or had been declared incompetent for managing... View More
I am not my mother's legal caregiver, and we do not live together. Since I am the only family member nearby, is there any way I can be held responsible for neglect if she encounters an issue?
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answered on Mar 7, 2025
You should not have any liability if there is no other connection between you besides being a relative. However someone might claim some duty later and sue upon its alleged breach.
I have an issue with my niece and nephew who are taking advantage of my elderly mother, who has been in the hospital for almost two months and is incapable of making decisions for herself. She gave my niece power of attorney while hospitalized. My brothers and I are being kept from entering her... View More
answered on Mar 5, 2025
You need to file a petition for guardianship and check the box for an interim guardian. This will get you before a clerk sooner and you will be able to explain the situation. You can also reach out to your county's adult protective services and they may even be willing to help you with that... View More
I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20... View More
answered on Mar 6, 2025
You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.... View More
I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are... View More
answered on Mar 5, 2025
Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances.... View More
Can an EDARO for long-term elder abuse impact the custody modification factor, specifically concerning the rebuttable presumption? Before the separation, the entire family, including the child's mother and her mother (the grandmother), lived together. The mother allegedly abused the... View More
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answered on Mar 2, 2025
In California, when considering custody modifications, courts primarily focus on the "best interests of the child" standard. While domestic violence against a spouse or child creates a rebuttable presumption against custody for the abusive parent under Family Code 3044, elder abuse... View More
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