Get free answers to your Elder Law legal questions from lawyers in your area.
answered on Feb 6, 2017
Not necessarily. Check with the nursing home prior to committing for further clarification.
answered on Apr 26, 2017
If the power of attorney was properly prepared, then the only way to remove the agent (your brother) is to show
that he has violated his duty of care by failing to act in the best interests of the principal (your mother).
This might involve financial abuse or medical abuse.
She is incontinent and we are worried about bed sores.
answered on Aug 23, 2016
I think you may be referring to patient 'off-loading' or turning. This is done to help keep the blood circulating in patients who are immobile or disabled. The idea is that by moving the patient regularly, the underlying tissue will remain healthy and bed sores will not form.... View More
October 2015 and put he's name on all the accounts is there any thing I can do
answered on Jun 28, 2016
I would suggest that you petition the probate court in your county to have you appointed guardian of the estate and person of your father who apparently will be found a disabled person because of his dementia. That way the court will supervise what is best for the ward (your dad) and therefore,... View More
Relative is elderly and suffered seizures that spiked her blood pressure. She was unresponsive when paramedics were called to her assisted living center. A DNR is on file at hospital and assisted living center. For a period of time she was unable to breathe on her own and was put on a ventilator... View More
answered on Jun 28, 2016
The medical decision to put your relative on a ventilator on the way to the hospital, may not be a violation of the DNR that was in place for a couple of reasons that come to mind. One is that the paramedics made a medical decision spontaneously for what they believed to be in the best interests... View More
answered on Jan 15, 2016
An IL estate planning lawyer can review to determine if it complies with IL law.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It... View More
Can family members still apply for medicaid for her? Would someone in our family need to seek guardianship instead of a POA? Our main concern is healthcare POA, is that still possible? Lastly, if her son is in FL and handles her assets, and her daughter is in IL acting as her caregiver, would a... View More
answered on Mar 17, 2016
Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the... View More
I live here in Illinois. He has little to no assets.
answered on Mar 17, 2016
No. Assuming your brother has no power of attorney in place before he became afflicted with dementia, the probate court in Missouri would likely appoint a public guardian if there are no family members or someone close to your brother nearby, but the court cannot force anyone in this setting to... View More
answered on Jul 14, 2011
This is a difficult question to answer without knowing more information. Is the aging parent competent? Does the parent have a POA for health care? Is this a serious situation where the parent is not competent, there is no POA and you want to pursue guardianship? Does this situation rise to the... View More
answered on Dec 26, 2010
If your uncle is a "disabled person" under the law and not able to handle his own affairs, a guardian would have to be appointed by a court, on a petition to adjudicate a disable person, over his person to bring a lawsuit. This assumes your uncle made no written direction before he... View More
It's hard to know from these brief facts, but Illinois has the Nursing Home Care Act available that gives residents rights if they have received inadequate, improper and/or unsafe care that injures them. If your grandfather has been abused or has received inadequate care, he may well have a... View More
answered on Dec 14, 2010
It's hard to know from these brief facts, but Illinois has the Nursing Home Care Act available that gives residents rights if they have received inadequate, improper and/or unsafe care that injures them. If your grandfather has been abused or has received inadequate care, he may well have a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.