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The resident just decided to erect a fence on a neighbors yard who has been a resident for 15yrs and is elderly and has been in a hospital for months. A person was a acting as her guardian went to talk to the person who was erecting the fence and was told that she could do it if she wanted to and... View More 
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answered on Oct 14, 2024
Moving a mobile home onto a neighbor’s property without permission is generally not allowed. Property lines are legally defined, and encroaching on someone else’s yard can lead to disputes and legal consequences. Erecting a fence on your neighbor’s land without consent further complicates the... View More
Tell them of a situation that happened?
answered on Apr 10, 2024
In Utah, it is illegal and unethical to yell at or belittle residents in care facilities. State regulations, specifically under the Utah Administrative Code R432-150-12, protect residents from mental and physical abuse. Such actions can be reported to the facility management, the Utah Department of... View More
I am a condominium owner and resident at Capitol Heights Condominiums, 480 N. Wall St, A101, 84103.
At a recent owners’ meeting it was revealed that the entire board of the HOA were investors, and that only six of our 18 units were owner-occupied. At our last meeting, the board raised... View More
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answered on Apr 16, 2024
I understand your concern about the high HOA fees and the potential unfairness of the situation for owner-occupiers compared to investor-owners. However, I don't believe this would legally be considered discrimination based on income. Here's my analysis:
1. HOA fees are set by the... View More
Tenets during that time in the beginning of the COVID-19 Pandemic
answered on Feb 13, 2023
If it were a wrongful eviction, you would need to prove damages. Do you have good evidence that it was a wrongful eviction? Also, that you suffered damages? I would not advise, based on the limited facts, that you pursue this. You are likely to spend more money in litigation and attorney's... View More
answered on Nov 22, 2021
Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... View More
He sold his home, she had the money put into an old account with both their names (left over from car loan) now she has taken a ton of money and he has no clue. This man has nothing but what was from the house. She thinks it's not illegal. Isn't it theft by deception? What can I do to... View More
answered on Jul 30, 2020
She could be at risk of being charged with exploitation of a vulnerable adult. If you have any influence with your father, he needs to remove his money from the account and put it in an account only he or trusted persons have control over. He can always designate someone to have control of the... View More
Mother refused to make will. Her sister, who she very much disliked, decided Mom was mentally incompetent and had herself named Legal Guardian. Mom is then sent into assisted living and quickly passes away. Now her sister is saying the estate is completely bankrupt, mom made a will naming sister... View More
answered on Mar 13, 2019
The answer to your questions is, "yes" an executor can be the only named beneficiary of an estate. It happens all the time when there is only one child remaining or there are two children and one of them has become estranged.
You stated that your aunt, whom your mom disliked,... View More
She has elderly family there but her immediate family mostly live in Calif. My brothers signed to allow him to take her home as payment to care for her. I never agreed or signed. Any options?
answered on Jun 11, 2018
Hello,
Is your mother incapacitated? Has she been diagnosed with dementia, Alzheimer's etc? If she is still considered capacitated, then she can choose for herself whether to go out of the country. If she isn't, then a power of attorney is not the correct document/authority your... View More
Elderly Law Question. Has a home (Paid off) income from retirement and social security and insurance through retirement (not Medicaid or Medicare).
If were to sell the house today, is that considered income? and would they have to pay taxes on that money?
They want to take the... View More
answered on Mar 22, 2018
If the elder sells the home, then taxes will be calculated by determining the gain on the sale of the home. In simple terms, the difference between the purchase price and improvements and the sales price. The difference would be considered a long-term capital gain. The good news is, is that if... View More
The owner asked if I, surviving spose, open or closed, I said closed. It was open w/smile on face. The cost of funeral was 2 thousand more.
answered on Nov 25, 2017
You need a consumer protection attorney. If you think a crime has been committed you need to call the police.
For Unsecured Debt that My Grandmother has after she dies and what will my responsibilities be?
answered on Jun 27, 2017
Well that depends on your position. Are you the named personal representative? Are you a trustee of the the trust that the home is titled in? Perhaps you are on title with your grandmother as joint tenants with a right of survivorship. Or maybe you are named in the will as the beneficiary of... View More
Possession if something happens to either one of us?
answered on Jun 22, 2017
Here are two options:
1. You can set up a trust and both be trustees of the trust and when you purchase the property you purchase it in the name of the trust. If you do this then not only can you plan for the situation of what happens to if something happens to one of you, but it will also... View More
- is there a way to report this so we can get her the medical attention she needs?
answered on May 8, 2017
I am not sure what a "healer" is. If the "healer" is practicing medicine as defined by the Utah Medical Practice act and isn't licensed to do so, then you can report them. But if they are not claiming to be a licensed physician and are not operating on them or anything,... View More
A check in the amount of $10,000 is being held by GE Capital Investments. The check has my name and my uncle's name on it. The guardian wants the check (stating that it is the sole property of the ward). Do I have any rights?
answered on Jun 27, 2017
First, you need to determine why it has your name on it. If you are a joint owner of the account then, no it is not the sole property of your uncles. If you are merely a payable on death beneficiary or hold a power of attorney, then it is your Uncle's sole property and the money should be... View More
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