This edict also goes for my other sister. They say it's OK if she wants to call us, but we can't call her. She has dementia and is not likely to ever initiate a call. They also say we can't visit our mother in their home.
My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More
It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you...View More
The disposition of a deceased person's body is typically handled by their next of kin or the person responsible for making funeral arrangements. If you have not designated anyone specifically to be notified of your death, it is important to have clear instructions in your will or other legal...View More
A patient cannot be forced to move from a quiet double room to a noisy quad room against their will. Nursing home residents have certain rights, including the right to privacy and a reasonable accommodation of their needs. However, there may be specific circumstances or exceptions where room...View More
I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?
If both you and your husband's name are on the deeds for these properties, then your ownership probably was "tenancy by the entireties" - a form of ownership for married couples under which when one spouse dies, the suriving spouse becomes the sole owner by survivorship. The...View More
I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... View More
It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation...View More
My mother has dementia. My father can no longer take care of her. My sister discovered she was hiding her medication which allowed her to become violent. She has been in hospital since last episode and back on her meds with no violent episodes for over a week. A county run facility near her home... View More
Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an...View More
My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... View More
If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work...View More
Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... View More
That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the...View More
You can find public access to Pennsylvania’s civil court docket online. You can search by party name to locate either 1) the name of the injured nursing home victim or 2) the legal entity name of the negligent nursing home.
I was told if she was put in a home that the state would take the property and whatever is in her bank account. It is in her will that the house and the property goes to me and my brother l, but if her Dr. Says she needs to be put in a home, I was told the state will take the property. So I wanted... View More
If she was diagnosed with dementia, then although she will logistically be able to sign title over, the conveyance will be subject to reversal, on the theory that she lacked cognitive capacity at the time of the conveyance, to convey title. For that reason, it's important you look at any...View More
My property is the joint property of my son and me. Should I pass away before my husband, my husband has lifetime residency of the house but it reverts to my son. If I should have to go into a nursing home is my son responsibile for my expenses since he is part owner of the house? I can't turn... View More
Your could be responsible for your nursing home payments if he signs a personal guarantee, or something similar for the nursing home, promising to make payment if you or your estate assets run out of funds. Alternatively, if you ran up a significant bill that the nursing filed a suit in order to...View More
Her mom lives in an apartment above her garage and is in the end stages of life. Her sister from NYC and brother from Florida are denying her necessary medical care. Can she obtain a restraining order?
She might consider filing a petition for guardianship of her mother, alleging that she needs assistance caring for herself and determining who can see her, and her current care-situation is insufficient. An estates attorney should be able to help you prepare and file such a petition.
About 6 years ago, my dad went into an assisted living facility and, AT THAT TIME, a lawyer put most of his assets in an Irrevocable Income-Only Medicaid asset protection trust. At the time, costs were reasonable ($3500/month) and he had a good Long Term Care policy. My dad went through with this... View More
Except in California (where the lookback period is only 2.5 years), the Medicaid lookback period is 5 years. That means Medicaid pre-planning must be done at least 5 years in advance of the need for long-term care. When it comes to Medicaid pre-planning, an accurate crystal ball is extremely...View More
The office of aging claims that she can be legally responsible for them (mother and father). She DOES want to be helpful and a good daughter but does she need to be there 24/7? She has had to leave her job and is a ‘prisoner’ to their home. This is all until they are placed in a nursing home.
Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less... View More
this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports...View More
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