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Oklahoma Elder Law Questions & Answers
0 Answers | Asked in Car Accidents, Constitutional Law, Elder Law and Federal Crimes for Oklahoma on
Q: I can’t drive a car anymore but I can drive a golf cart. If they won’t renew my license is there something I can get?

I drive to the mailbox, up the street to the store and maybe fishing at the lake. I live in a lake area and it is legal where I live, but what if I lose my license? Is there something I can do or get to make it legal?

1 Answer | Asked in Adoption, Family Law and Elder Law for Oklahoma on
Q: Re: guardianship of my mom. My siblings were adopted out of the family. Do I need to serve official notice to my them?

I am the only one of my mom's children who wasn't legally adopted. I'm wondering if I should go through the process of paying a sheriff/process server to deliver the notice of guardianship petition.

Charles Watts
Charles Watts answered on Dec 9, 2021

Since an adopted child still receives a childs portion of the estate of biological parents, I would send them notice in this matter as well. However, you can send it via certified mail and this is cost less than the sheriff/process server.

2 Answers | Asked in Elder Law for Oklahoma on
Q: If a parent’s home is to be given to the child in the will but the parent has became ill and requires assisted living

Or nursing home care can the house be signed over to the child before admission?

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Aug 9, 2021

There's a lot of different things that can be effected if the house is transferred to the child when the parent enters a nursing home. For example, if the parent is going to need to qualify for Medicaid to pay for their nursing home stay, transferring the home may penalize them on the Medicaid... Read more »

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1 Answer | Asked in Elder Law for Oklahoma on
Q: How do I, the eldest child, only son and living child obtain legal documents of POA? Granddaughter says she is POA

But will not produce legal documents. Thank you!

Jessica Brown
Jessica Brown answered on Mar 22, 2021

If your parent is still living, you can ask your parent for them.

If you parent is deceased, then the power of attorney is no longer valid after death.

It might be good for you to contact an "elder abuse" attorney to ask them more specific questions here and describe your concerns.

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.

Ilana Sharpe
Ilana Sharpe answered on Sep 23, 2020

I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you... Read more »

1 Answer | Asked in Elder Law for Oklahoma on
Q: can someone appoint two agents who can act independently or together in a durable power of attorney in Oklahoma?
Richard Winblad
Richard Winblad answered on May 13, 2020

Yes, but often that can be a bad idea especially if they disagree on a course of action while the principal is incapacitated. Generally, it is better to have an initial agent, then a successor.

1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: "Sane" mother refusing all healthcare, what can we do? Will family caregiver be in trouble if something happens to mom?

Mothers already bad health is rapidly declining and she refuses to be taken to any Dr. My sis lives with her and tries to care for her but mom is being extremely difficult and we are afraid my sister will be in legal trouble for not getting her help, if she dies. All of our family has tried every... Read more »

David Humphreys
David Humphreys answered on Feb 1, 2020

Hire an elder law attorney for a consultation. Call her doctor and report what is happening. Talk to her and ask her why she doesn’t want to live. Tell her how it makes you feel that she doesn’t want to live.

Get real.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
Richard Winblad answered on Jan 21, 2020

Aside from a physical search you might try:

2 Answers | Asked in Elder Law for Oklahoma on
Q: Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states

MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.

Richard Winblad
Richard Winblad answered on Jan 16, 2020

Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.

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1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: What's the chances of going to prison if ive been charged with abuse of the elderly first offense
Tracy Tiernan
Tracy Tiernan answered on Dec 31, 2019

Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Q: How can a family caregiver get the right to occupy a deceased mother's home

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file... Read more »

Kyle Persaud
Kyle Persaud answered on Apr 5, 2019

This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your...
Read more »

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2 Answers | Asked in Elder Law for Oklahoma on
Q: What do I do if we need an advance care directive for my mother, but she has dementia?
Richard Winblad
Richard Winblad answered on Dec 11, 2018

It depends upon the level of dementia. If she doesn't have sufficient competency to understand what she wants, the law has provisions for who makes the decisions.

63 OS Section 3102.4

When an adult patient or a person under eighteen (18) years of age who may consent to have...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: What should I do if my kids are trying to put me in a nursing home but I refuse to go?
Richard Winblad
Richard Winblad answered on Nov 30, 2018

Sorry for your issues.

Unless you are deemed incompetent they probably cannot force you. You may want to explore other options including home health, Oklahoma ADvantage program (assistance provided at state cost to you), assisted living etc.

You should consult your physician for...
Read more »

1 Answer | Asked in Elder Law for Oklahoma on
Q: If my spouse is going into a nursing home, can he or she transfer all of his or her assets to me ...

... and qualify for Medicaid?

Richard Winblad
Richard Winblad answered on Nov 19, 2018

Sorry for your issues.

There are many things that can be done to protect the assets. With good planning a couple can preserve most of their assets.

1 Answer | Asked in Civil Rights, Criminal Law and Elder Law for Oklahoma on
Q: What would be the typical bond for Exploitation of elderly or disabled adult and what to do if falsely accused

My Mom was helping this guy that asked to take care of him giving him baths and cleaning his house and to fix his house up and to get rid of a severe case of bed bugs and he gave her is credit card and the pin and car keys when he went to the hospital and my mom went and bought the things needed to... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Oct 8, 2018

That varies by county and by judge. If bail has not been set yet, then contact a bondsman in the area. They will likely have the best estimate on what it may be.

1 Answer | Asked in Elder Law for Oklahoma on
Q: If my grandma signed a nursing home arbitration agreement two days before she was diagnosed with Alzheimer's, is it

possible to get it invalidated?

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Sep 24, 2018

You probably should consult with an attorney on this one. Your specific case will be very "fact-intensive."

In order to sign a contract, you must have "legal capacity." If your grandmother did not have legal capacity (due to Alzheimer's), the next question to ask...
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1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: How can I spending down my wife's life insurance benefit ($100K) while receiving medicare and medicaid benefit?

My wife just passed away and I am currently living in a renting house.

Richard Winblad
Richard Winblad answered on Sep 6, 2018

Medicaid is extremely complicated and it would be impossible to provide an answer based upon your scenario. For instance, you were not clear whether you or your wife is the person receiving benefits.

1 Answer | Asked in Elder Law for Oklahoma on
Q: Can I petition for guardianship or conservatorship for my mom in OK if I live in IL?

My mother who lives in Okmulgee County, OK has been diagnosed with dementia, and I want to petition for guardianship and/or conservatorship. However, I live in IL. Per law 304104, I don't think OK nonresidents can be guardians, and I am not sure about conservatorship.

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Sep 4, 2018

Yes, you may petition for Guardianship but you will need someone residing in Oklahoma to help "administer" the Guardianship - someone that the Court has authority over.

2 Answers | Asked in Elder Law for Oklahoma on
Q: Can people of any income level qualify for Medicare?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Aug 3, 2018

Typically, income is not considered in determining eligibility.

The usual age of eligibility is 65 years old. However, Medicare is available to those that have been eligible for Social Security disability benefits for at least 24 months or who have end-stage renal disease.

Hope this helps!

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1 Answer | Asked in Elder Law for Oklahoma on
Q: Does having an IRA impact Medicaid eligibility?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 20, 2018

This one can get complicated very quickly. For example, is the IRA in payout status? If so, the answer is yes. Is the person married? If yes, part of the IRA may be allocated to the spouse. Also, what is the total value of the IRA account?

The thing to remember, is that Medicaid can look...
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