Yes, there are attorneys who may take on pro bono cases involving 42 USC 1983, especially for non-incarcerated vulnerable adults. This federal law allows individuals to file lawsuits against state and local government officials for violations of their constitutional rights.
Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. "Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL... View More
Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and...View More
I live with my grandmother as a caretaker. Over the years my uncle and his wife have caused her significant abuse. He's robbed her of money he owes her, taken her property, stolen from her, broken into her home, damaged her home, and has tried to force her off her life estate. They show up at... View More
Violation of a Harassment Restraining Order is a crime and he will likely be charged if the evidence is sufficient to establish probable cause. You've done what you can. Continue reporting violations to law enforcement.
We purchased the home and 40acres of land from my in laws and they still live with us as we will be caring for them as they age. They have some larger possessions like a bulldozer, tractor, sawmill and firewood processor that are on our property. THey don't have a will and I'm wondering... View More
Intestate Succession (distributing property for someone without a Will) can be a complex and messy process. If other family members exist, they may have a claim to the property that was not included in the purchase of the land - especially without a will. Additionally, depending on the value of the...View More
My sister has been handling my mother's finances but does not provide annual report of her income ( pension funds, stocks, bonds, annuities,) nor copies of her tax returns. I am her son and live-in caretaker. If my sister refuses to provide this, how can I obtain a copy of her tax returns? Is... View More
My father was on Medicaid for several years. My mother had followed the Elder Attorney's advice on regarding one car, one house and minimum cash. Fast forward, my father had passed away almost 3 years ago and my mom just passed away less than one month ago. Mom had spent her last 3 years in... View More
The answer to this should be pretty straightforward, despite the complexity of the applicable rules. The process you are referencing is called "Estate Recovery". The County brings forward a claim they have had for your father's receipt of Medical Assistance (Medicaid) benefits...View More
This is a lake property. In past years we ran it as a resort. For 20 years I worked (unpaid) at the resort. I feel I have a vested interest in the property. My parents want to transfer the property to me and move to senior living. We met with an attorney. She gave us two options. My parents could... View More
An irrevocable trust that does NOT reserve to the settlor the ability to change beneficiaries but it still classified as a "grantor" trust, the assets of which are includable in your parents' estate, would solve your problem with respect to ensuring you get the property eventually...View More
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 is impossible to evaluate a legal...View More
It depends on the language in the medical power of attorney. Assuming the document was prepared by an attorney, you should ask that attorney. If it was not prepared by an attorney, you need to consult with an attorney in your area who can read the document that your mother signed.
There are limits on the amount of assets that a party can have and still receive public assistance. To answer your question it would be necessary to see the documents involved. I strongly recommend that you meet with a local elder law, estate planning attorney to assist with the Medicaid /...View More
This question depends on the current mental capacity of your father. Since you are POA you do have legal authority and could ask for the bank to remove her name. The issue is that your father should have free will to do what he pleases with his money unless he is unable to comprehend his...View More
Yes, the federal government has jurisdiction of the payment and collection of settlement funds and overpayments. The Centers for Medicare / Medicaid Services, CMS handles this through a department called MSPRC.
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.