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Kansas Elder Law Questions & Answers
2 Answers | Asked in Elder Law for Kansas on
Q: Can a operator of a nursing home, or a staff that works at one in Puerto Rico be the power of attorney for the resident
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

In Puerto Rico, as in many places, the rules regarding who can serve as a power of attorney (POA) for a nursing home resident can be complex, and they often involve ethical considerations and potential conflicts of interest.

Generally, it is not advisable for an operator of a nursing home...
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1 Answer | Asked in Elder Law, Health Care Law and Insurance Defense for Kansas on
Q: How many questions can I get for $69?
Tim Akpinar
Tim Akpinar
answered on Mar 20, 2023

A Kansas attorney could advise best, but your question remains open for four weeks. There is no charge for posting questions here. But if you reach out to attorneys on this site to set up a consult, that's beyond the scope of this Q & A forum. Any terms are between you and attorneys you... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Kansas on
Q: I rent my home, my 25 year-old lives w/me (he is on the lease). I want him removed from the lease. What are my options?

There are times when I'm in fear of my safety. also, my 73 year-old mother lives with me and he is verbally abusive to us both. i just would like to know what my options are?

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

Kansas has a protection from abuse process "to provide quick and immediate protection." The Kansas Judicial system has created a one-stop portal website. But if you think your website viewing is being monitored or checked by the person from whom you do not feel safe, you should call 911... View More

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 28, 2021

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... View More

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Am I Legally bound to pay the invoice received from County for emergency services used by my Father in law?

My father in law had a medical emergency while he was visiting me in January 2020 and my wife has to call 911 to take him to hospital, He returned back to India in March 2020. We provided his Travel Insurance details to the hospital, but now after 6 months, I received an Invoice from County to pay... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 26, 2020

It is not unusual that the person calling an ambulance is not the person needing the ambulance. The person needing the ambulance is typically liable based upon implied consent. The person is having a medical emergency and it is implied by the circumstances that the person would want an ambulance... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Kansas on
Q: I need help on how to get my mother'ss property.

My stepsister was my mothers power of attorney when she was alive. she passed away on May 2nd. I have asked for a will several times, she doesn't respond. My mother didn't adopt her, and my mother has been divorced from her father for over 20 years. no probate has been filed. what do... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 1, 2017

You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file... View More

1 Answer | Asked in Estate Planning and Elder Law for Kansas on
Q: Can my mother's grandson be her attorney on her will?

He set up his mother, my sister, as the power of attorney and I'm not sure what it covers other than her medical, yet she manages her finances, as well. There may be future issues regarding the will so I'm concerned that this representation will be biased.

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 1, 2017

It is not an 'inherent' conflict of interest for a lawyer to represent a blood relative. But what you ask depends on facts you don't provide -- what will the will say?

For example, I drafted my parents will which provided that as a secondary beneficiary (after them) I...
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1 Answer | Asked in Family Law, Elder Law and Probate for Kansas on
Q: I am a DPOA and need to ask some questions re: responsibility and authority in this capacity. McPhrson County, Kansas.

Is there a legal aid type service in McPherson County, KS?

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 22, 2017

The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.

1 Answer | Asked in Elder Law and Foreclosure for Kansas on
Q: How do I get standing to file Motion to Dismiss on my elderly mothers foreclosure onhome? I reside with her as caregiver

I already filed a motion to dismiss, pro se, as I was included in the foreclosure since I reside with her. I just got court papers of banks motion to dismiss due to lack of standing. Is there anything I can do to get standing? Also, they say I failed to state a claim upon which relief can be... View More

Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

Maybe there are some low income or pro bono law assistance groups in your area.

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...
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