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Tennessee Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Tennessee on
Q: Can a Durable Power of Attorney access a ROTH IRA held at Vanguard for health care and living expenses?

Account owner is in memory care.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... Read more »

0 Answers | Asked in Criminal Law, Elder Law and Identity Theft for Tennessee on
Q: Without having to fund a huge lawsuit again cousin how can we find how name was added to my dads bank accounts.

We know for sure cousin signed as POA on a sale of our dads property to his brother, then took the money until confronted by one of the bank trustees. His name was added to 5 or 6 bank accounts prior to my dads death last Sept. Because of my dads age and health and history of how dad was with his... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: How to change a POA for someone who's incarcerated?

He's 79 his wife has had poa for the past few years altho they've not lived together for the past 15 years. He no longer wishes for her to have poa so I'm wondering how does he change it

Anthony M. Avery
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Anthony M. Avery
answered on Jan 9, 2023

He Revokes the POA in writing under a Notary. Execute about 3 originals. Send one to the attorney in fact, and record one in the County he may have property. If there is a Bank involved, deliver one to it first.

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Q: When filling out POA for Health Care, there is a section that ask about the "undersigned." Who's the undersigned?

"... by the undersigned, _____________, who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument."

Anthony M. Avery
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Anthony M. Avery
answered on Nov 22, 2022

If you are giving someone a Power of Attorney over you, then you are the undersigned.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Tennessee on
Q: Can a will be contested if the deceased was not competent while signing the will? Example: dementia.
Nathaniel R Ogle
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Nathaniel R Ogle
answered on Nov 21, 2022

Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.

1 Answer | Asked in Real Estate Law, Foreclosure and Elder Law for Tennessee on
Q: Can a lender foreclose on a homeowner with dementia?

My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 8, 2022

This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Do i need a lawyer to represent me in a conservatorship case ?

I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 27, 2022

You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.

2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and Probate for Tennessee on
Q: Can a warranty deed have paragraphs that don’t line up and copy lines

Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... Read more »

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1 Answer | Asked in Elder Law for Tennessee on
Q: My Uncle was pressured into signing a quitdeed to a "friend" while my Uncle was heavily medicated and in a nursing rehab

He now has his strength back and claims he does not remember the attorney coming to the nursing facility but remembers constantly being pressured to sign his property over prior to rehab. My uncle is 83 years old and never wanted to sign his property over to anyone. What can he do to reclaim his... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 10, 2021

How much Property is involved? Failure of Consideration and Fraud may be factors as apparently he has not been adjudicated incompetent. Was the attorney the draftsman and notary? Many facts and whatever witnesses are available will have to be put together. Time is a serious factor, especially... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Tennessee on
Q: We own our home. How can we make sure the state cannot take our home if we should need long term care? Income is ss
Anthony M. Avery
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Anthony M. Avery
answered on Jun 14, 2021

There is no perfect way to protect assets, but the sooner the better. Consult with a competent attorney about risks and Deed options.

2 Answers | Asked in Estate Planning, Elder Law and Probate for Tennessee on
Q: If my father's life insurance is paid to my mother's estate can it be taken by creditors my parents owed money to?

My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 25, 2021

You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My friend has some memory issues and needs to write a will. How can this be accomplished?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 15, 2021

Your Friend may not need a Will, as his assets should be examined first. A Will would have to be very carefully executed, which may not be possible. Hire a competent attorney to examine his situation.

1 Answer | Asked in Real Estate Law and Elder Law for Tennessee on
Q: Sister left me trailer that she moved on my property 12 years ago Would a nursing home be able to take it It is attached

Signed title to me and has funds to pay nursing home for apx 2 years. She moved to NC.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2021

It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Q: Sister's attorney knowingly deeded an diagnosed mentally incapacitated aunt's entire estate to his client, is he liable?

Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 16, 2021

There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Would a General & Durable POA be what I need?

I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.

Frank J. Steiner
Frank J. Steiner
answered on Feb 12, 2021

You will need a duradle power of attorney for legal. You may also need a power of attorney for health care.

1 Answer | Asked in Elder Law for Tennessee on
Q: Help with mother's estate

My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 17, 2020

This is the Tennessee side of Justia. Ask for help from Mississippi attorneys.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Can Tenncare estate recovery take part of my mother’s house proceeds if she wants to sell?

My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2020

Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at... Read more »

1 Answer | Asked in Divorce, Family Law and Elder Law for Tennessee on
Q: dad is 69 divorcing has become incapacitated wife placed him in nursing home no contact what can I do
Hannah Burdine
Hannah Burdine
answered on Oct 28, 2020

Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Q: Will a new medical POA override a previous notarized POA? Can you have 3 medical POA s?

My brother and his wife have medical POA over my mother and are planning to place her in a nursing home “if” she continues to decline. I vehemently disagree and am trying to find a way to prevent them from doing this. My mother does not want this and trusted my brother believing he would never... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 29, 2020

You Mother needs to simply revoke all the POAs. It should be done verbally and in a notarized declaration, which can then be recorded if needed. Now would be a good time.

1 Answer | Asked in Civil Rights, Family Law, Personal Injury and Elder Law for Tennessee on
Q: I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

Tim Akpinar
Tim Akpinar
answered on May 26, 2020

I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck

Tim Akpinar

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