Brother is trying to get guardianship over my mom (in order to kick her out of her own home & put her in nursing home). She doesn't want that. She has been capable of living on her own with my help thus far. I'm trying to help her, but don't know what court or even what county... View More 
answered on May 20, 2023
The county where your mother resides is the proper county for filing the guardianship. Depending on where you live you may be able to look up the case online. You will want to file an answer to his filing in that same court under the case number you find.
answered on May 3, 2023
enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More
He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.
answered on Apr 18, 2023
You have two issues.
First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.
You can have your brother removed as... View More
I spoke with the financial planner about long term care insurance. When he called to tell me I had been approved and he got my bank info, he said the initial payment was $1650. I told him I couldn't afford that much per month, especially since I had not seen any details and had not agreed to... View More
answered on Mar 9, 2023
Run.
First of all, a financial advisor who is a fiduciary DOES NOT SELL YOU FINANCIAL PRODUCTS! He advises you what types of financial investments you ought to make, but never ever sells you products. He is only selling his expertise and advice.
Second, long term care insurance... View More
My mom has a legal issue. She's not technically inclined. I found an attorney who might be able to help her and filled out the contact form on their website. The attorney responded back and asked me to explain the issue. Once I did, they said she should come in for a free consult. She met with... View More
answered on Feb 11, 2023
A lawyer is entitled to charge a reasonable fee for legal services performed at a person’s request.
Some lawyers agree to review documents sent to them via email before an initial consultation, and may even agree to perform some preliminary research. It sounds like this happened in this... View More
My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household... View More
answered on Jan 21, 2023
As your mother’s power of attorney, you have the exact same rights your mother would have if she were competent. Depending on the language of any agreement, that very likely includes the power to terminate the maid or to remove her as household manager.
You can then hire another... View More
answered on Jan 19, 2023
A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your mother's illness and your difficult situation. If you reached out to Texas attorneys who handle elder law and related matters, they are knowledgeable in such matters. They should be able... View More
Search of personal property, search of home, seclusion, emotional and mental abuse of disabled elderly, falsification of records in a hospital setting?
answered on Dec 7, 2022
There is no single answer to your question.
HIPAA violations are investigated by the HHS Office of Civil Rights. Because there is no private cause of action for individual patients, any lawyers involved would be government employed health law attorneys.
Elderly disabled abuse is... View More
I have durable POA and medical POA. My dad's daughter recently started taking him to appointments and taking him out. Then I found out that she added herself to his bank and was controlling his money.. Do I have the power to keep her away from him? If I don't, what can I do to keep her... View More
answered on Nov 19, 2022
It depends on what the POA states, Find out id your dad knows she put her name on his account, You may want to open a new bank account for him,
daughter had a durable power of attorney drawn up, nameing herself as my wife's agent. she did this without my knowledge or consent. Question: how do i or can i have this document cancalled and draw up my own?
answered on Oct 24, 2022
If your wife has dementia, any power of attorney she may now sign is subject to challenge because she may lack the mental capacity to understand what she is signing.
A better choice would be to apply for a guardianship of her person and estate.
Dropped vehicle w/repair facility 18 mos ago. Signed Invoice #1. Received 4 unauthorized invoices since. 5th invoice sent to the Tax Assessor-Collector w/INTENT TO LIEN petition. It contains my signature, forged. Advised to file suit in JP Court and did so. The Tax Assessor-Collector’s office... View More
answered on Oct 24, 2022
I had a case that I recently worked on that involved a similar situation. I think you should hire an attorney to represent you. Work with the attorney you choose to develop a legal strategy and execute the strategy effectively.
He is 66 years old and is disabled with multiple health issues. What can I do to get his sentence reduced and out of jail. There is no way he is going to make it in there
answered on Oct 10, 2022
If the is a state jail case he maybe able to get 20 percent off otherwise it is served day to day
I am a disabled senior citizen. This landlord took full advantage of me. I lived nearly 3 years with no A/C in the summer (in Amarillo, TX!!??) & no heat from Feb. 2022 til I moved. (It gets worse!) empty promises to fix things... I finally gave notice & moved out on June 31st. 2022.... View More
answered on Oct 5, 2022
Section 92.109 of the Texas Property Code describes your remedy. A landlord who in bad faith retains a security deposit in violation of the law is liable for an amount equal to $100, three times the portion of the security deposit wrongfully withheld, and the tenant's reasonable attorney fees... View More
My mother has severe memory loss an confusion.
answered on Sep 19, 2022
It is probably too late to get a legal power of attorney given your mother's memory loss and confusion. Even if your mother were to sign the power of attorney, it may be challenged due to a lack of capacity or competence to understand the significance of what she is signing.
You will... View More
Does the principle/grantor HAVE to be sick/unwell or can they be healthy? If a principle/grantor is of sound mind, with no disability, illness or physical or mental incapacity, would an agent/grantee using the POA be misusing the power?
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answered on Jul 17, 2022
It depends on the wording of the POA. Some take effect immediately after they are signed. Some are only effective when the principal becomes incapacitated. If it is effective immediately, it is not necessarily a misuse for the agent to use the POA. For example, I might give my husband a POA to... View More
The the investor promised cash in two weeks but has not paid any money and is actively listing the property for sale. My father in law needs help.
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answered on Jul 18, 2022
Sounds like a scam.
I would get to a lawyer immediately to stop the sale and nullify or void the deed. Time is an important factor in these types of matters.
You may need the court to intervene to protect the property.
Good Luck!
“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.
Was it law or policy?
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answered on Jun 26, 2022
What you are referring to is the Policy of the Government. The 1st Amendment gives you the right to mimic anyone!
She is ill and will not go to the doctor. She c an hardly walk and is taking too may pain and sleeping meds. She lives alone.
Her family thinks she is mentall ill and they don't get along. One child is in 2 hours away the other on the west coast. II have no legal relationship but... View More
answered on May 6, 2022
The lawyer can only talk to you if she gives you permission. Try to get your friend to let you go to the doctors with her and discuss her issues
She has Parkinson dementia and is no longer able to make decisions. For long term care I need to use the money in her IRA. Most of the money was made after we were married, but it is not a joint IRA. I have been managing the account since her illness, but have not taken out any money. Now that she... View More
answered on Apr 10, 2022
You'll definitely want to speak with an attorney in the area who handles guardianship cases. In addition to (or instead of) guardianship over your wife, you may want to look at getting a document from the guardianship judge naming you as "community administrator". Many attorneys... View More
answered on Mar 12, 2022
The fastest way is to ask them or the person who you think signed the power of attorney, If they have used the power of attorney they should of had to show it to the person.
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