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My mother, diagnosed with dementia, was living with me until her grandson's mother requested she visit another state. Despite agreeing, my mother never left Texas. Her nephew unexpectedly obtained custody, blocking my communication with her. Attempts to resolve this legally were unsuccessful,... View More 
I was attacked at a convenience store without any warning or assistance from the employees, even though they were aware there was a problem. There were witnesses and security cameras, and the police were notified by bystanders. As a result of the attack, which left me covered in the attacker's... View More
I am a family member seeking advice on a situation involving my 83-year-old father. He has been abused by a woman who has stolen his money, checkbooks, and mail, committing fraud by signing his name without authorization. There is an ongoing case dealing with these issues. How can I ensure my... View More
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answered on Apr 12, 2025
What you're going through is heartbreaking, and it's good that you're taking action to protect your father. In Texas, elder abuse and financial exploitation are taken seriously, and your father has legal rights that can and should be defended. If there’s already an open case, make... View More
I am considering a ladybird deed for my elderly relative, as her financial resources are low and she cannot care for herself. She is currently in a place that suggests using a ladybird deed to ensure she remains there. She has two sons: one unable to provide care due to work commitments, and the... View More
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answered on Apr 12, 2025
You’re doing a thoughtful and caring thing by looking into options that protect your elderly relative while also considering Medicaid eligibility. In Texas, a Lady Bird Deed (also called an enhanced life estate deed) can be a very helpful tool. It allows your relative to retain full control of... View More
As a retired senior living in a tax-credit-subsidized apartment in Texas, I've received a lump sum settlement from a class action related to a cancer diagnosis issue. I've never reported other settlements because I've never received any before. My lease doesn't state that I have... View More
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answered on Apr 12, 2025
In a tax-credit-subsidized apartment, income eligibility and rent amounts are generally based on total household income as defined by HUD guidelines. While your lease may not mention settlements specifically, housing authorities and property managers usually require reporting of any income that... View More
I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20... View More
answered on Mar 6, 2025
You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.... View More
My elderly dad has been in a nursing home in Texas for 2 years and on Medicaid for 5 years. He wants to sell his home, which has been sitting empty, and intends for me, his only son who is disabled and on SSDI, to keep all the proceeds. I have power of attorney over him. We want to avoid the... View More
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answered on Feb 15, 2025
Your situation requires careful consideration since Medicaid has specific rules about asset transfers and estate recovery. Selling your father's home and transferring the proceeds to you could trigger penalties that might affect his nursing home coverage, as Medicaid looks back at financial... View More
She lives in Texas and I am in North Carolina. She is not married. What do I need to do to be able to get be able to make medical decisions as well as handle her assests and Financials? I have VERY limited money and worried there are people in Texas who are cleaning out her house and someone has... View More
answered on Dec 26, 2024
Because she is not able to give you her power of attorney, you will need to file an application to be appointed as the guardian of her person and of her estate until she recovers. Such a proceeding can be filed in the court with probate jurisdiction in the county where she resides. You should... View More
I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More
answered on Dec 5, 2024
As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You... View More
My dad is ill. My mom has dementia. At my sister's urging, he put his home in a lady bird deed, but now wants to remove it from that deed. He also needs help in appointing someone to take over the estate in case he dies. How can he go about it and does he need an attorney or can he print out... View More
answered on Dec 3, 2024
Generally a ladybird deed in Texas can be revoked by the Grantor (your dad). The revocation would need to be signed in front of a notary and then recorded with the County Clerk where the property is located. I'm not certain about whether there are forms on the internet. I would recommend you... View More
won't return it. can I report it stolen? I am their son. the car is in Mom''s name.
answered on Sep 26, 2024
No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.
Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and... View More
In 10 months, Sister took over 100K with out mom's permission. When mom, who is 81, noticed she closed the account. Any legal action we can take? Mom is really stressed.
answered on Aug 8, 2024
Mom can sue Sister for any money taken out without mom's permission. If Sister used the money to buy or pay for a tangible asset, mom may be able to impose a constructive trust on that asset to help ensure repayment of the money taken.
My veteran step dad recently died so mom doesnt receive $ they used to and is struggling just to survive. What can she do to get rid of these past debts and receive additional aid in the future
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answered on Aug 2, 2024
I'm sorry to hear about your mother's situation. Given the immediate court appearance, she should attend and explain her financial difficulties to the judge. She can ask for a continuance to seek legal advice and possibly work out a payment plan that she can manage.
In the longer... View More
Sold our moms home and pocketed all the money. Now our mom no longer had a place to live.
answered on Jul 12, 2024
The only way your sister could sell a home that belongs to your mother is with your mom's permission using a power of attorney or if your sister has been appointed by the court as your mother's guardian.
If your sister sold the home with your mom's permission using a power of... View More
How can one revoke the granting of a power of attorney in which four out of five children did not participate when at the time of granting the power of attorney the principal presented symptoms of dementia and after one year the diagnosis has been Mild Cognitive Impairment (MCI)?
answered on Jun 21, 2024
The maker of the power of attorney can revoke the power of attorney at any time by signing a revocation of the power of attorney and notifying the agent and all relevant parties. In some circumstances, it may be advisable to record the revocation in all relevant counties. The maker should also... View More
Is there any legal defense a spouse would have against this tyranny?
answered on Jun 12, 2024
Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More
My SS retirement income and personal resources make me eligible, but there's also a 30 year old, irrevocable, testamentary, spendthrift trust from my father in which I am the beneficiary, and the trustee has full discretion regarding any disbursements .
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answered on May 28, 2024
As a general rule, the Social Security Administration takes the position that if a trust beneficiary does not have the legal authority to revoke or terminate a third party trust (a trust created by neither the beneficiary nor the beneficiary's spouse) or to direct the use of the trust assets... View More
Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.
answered on Apr 9, 2024
You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.
Unlike other types of cases--especially personal... View More
I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However... View More
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answered on Apr 6, 2024
I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract... View More
I have Power of Attorney for my 95 year old incapacitated mother. I have audio evidence of a sibling verbally and emotionally abusing her. Is there case law to use this recording in a guardianship hearing?
answered on Apr 6, 2024
You cannot use a recording unless you are a party to the conversation
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