Get free answers to your Elder Law legal questions from lawyers in your area.
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.
I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case
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answered on Aug 4, 2023
The simplest answer is, "absolutely not"! It would help to know more about your case. Where is it, what is the charge, and when did the offense allegedly occur? I might be able to offer a little more advice with the additional information, but it's never a good idea to meet with law... View More
Also after she died, someone she knew took both of her vehicles and has refused to return them. I've called the police and they said I need a court order for them to retrieve them. How can I obtain one? Do I need to be in Texas to do so?
answered on Jul 25, 2023
You should hire a probate attorney in or near New Boston to probate your mother's estate. Since you reside out-of-state, you will need to designate someone in Texas as the registered agent for service on your behalf if you want to serve as the personal representative of her estate. Once you... View More
My brother is the durable power of attorney for my mother with dementia but has my sisters name on all of her bank accounts and not his. Everything I have read said that he should be the only one on the account, is that true?
answered on Jul 21, 2023
No. Ask yourself this question: Before your mother had dementia, would it have been alright for her to include your sister's name on all of her bank accounts? A durable power of attorney gives the attorney-in-fact (your brother) the same rights as the person who signed it (your mother).
answered on Jul 18, 2023
It would be highly unusual for you to require the services of an attorney to change the beneficiary on your life insurance policy. Most reputable insurance companies have their own form for a change of beneficiary. A customer service representative for your life insurance company ought to be able... View More
My 2 brothers are colluding to sell mom's house from under her & take her money. They've taken her to nearby county. They lie to her & she doesn't realize what they're doing. How can I get her back to her own home? Police/welfare check NOT WORK.
Already tried... View More
answered on May 19, 2023
Go to where she is, pick her up, and give her a ride back to her house. Then either stay with her or hire someone to check on her daily to make sure she is able to properly care for herself in her own home.
Without her signature or her permission via a power of attorney, your two... View More
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
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