Get free answers to your Elder Law legal questions from lawyers in your area.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024
I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.
To answer your question directly - no, a company cannot legally withhold all information about a... View More
I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More
answered on Mar 13, 2024
Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More
My mother is 89 years old and has documented dementia since 2014. My father cared for her until his passing in Feb. 2023. One brother took approximately $300 - $400K out of bank accounts and opened a new bank account that has him and my mother both as signers. There is no way my mother would have... View More
answered on Mar 11, 2024
A person cannot simply declare themselves another person's legal guardian. It requires a determination of incompetency and court order.
A person cannot legally change a power of attorney signed by another person. The person making the power of attorney can do that by revoking a prior... View More
answered on Feb 7, 2024
No. A power of attorney authorizes another person (the "attorney-in-fact") to act on behalf of the person signing the POA (the "principle") with respect to the matters identified in the POA.
While a POA might authorize you to write a check from your mother's bank... View More
I have been the POA and guardian for nearly 10 years. Right before his death other family members blocked my phone calls to him. I was not notified of his death and a month afterwards I found his obituary. When I went to the county records office I was notified he had sold his property a month... View More
answered on Jan 29, 2024
If you have been the guardian of your grandfather and his estate for that long, the court that appointed you 10 years ago must have determined that your grandfather was incapacitated and that a guardianship is necessary. Your grandfather's incapacity probably provides a valid basis to set... View More
So a man knowingly and intentionally steals my father's property which he is an elder man. Wild story a man buys a propety next to my father's and for some reason he starts to build a 430,000 dollar home. he found out after he puts down the concrete allegedly than he continues to build... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
I understand your concerns about the situation involving your father's property. If you believe that someone intentionally and knowingly stole your father's property or engaged in fraudulent activities, you should consider taking the following steps:
Contact Law Enforcement:... View More
answered on Nov 13, 2023
While you can use a codicil to update your wills, it will make things easier and more clear for your heirs, trustees, proxies, and the court if you simply rewrite them how you want them to be now. Once you update them, collect all of the old ones and discard them.
I have actually had a... View More
answered on Nov 13, 2023
Yes. It will significantly reduce your property tax liability.
He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.
answered on Oct 13, 2023
A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.
This pertains to an elder person with diminished mental capacity and POA refuses to take care of medical needs and leaves them with sibling with no contact. The person needs to be evaluated as far mental and medical needs which cannot be done without the cooperation of the person with the POA.... View More
answered on Sep 4, 2023
The holder of a power of attorney has no legal duty to “take care of” the medical needs of the principle.
If the person is unable to care for their physical needs, a close relative should apply for guardianship.
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.
