Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... View More 
answered on Jul 23, 2019
I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.
If there already is a conservator... View More
In my sister's Durable Health Care Power of Attorney, she appointed her son as her representative to make health care decisions in the event of her incapacity, and she appointed me as her alternate representative if her son is unavailable, unwilling or unable to make decisions for her. My... View More
answered on Mar 11, 2019
You will need to review the power of attorney document itself. POAs can specify what it means for the agent to be unable or unwilling to act on behalf of the principal. If the POA does not have such language, it is best to get the other agent to resign. The resignation can be temporary or permanent.
I do not believe that my brother-in-law is the best person to care for my father. He will not provide any information about my dad's affairs or allow anyone access to his medical records to the rest of the family. There has been some misconception about the power of attorney. I am my... View More
answered on Jan 17, 2019
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.
She has dementia, but hasn't gone through the complete diagnosis process as she refuses to see the doctor. What rights do I have as her daughter to provide a safe environment for her even if it is against her will? How can I compel her to move to an appropriate residence since she is in... View More
answered on Sep 5, 2018
The answer to most of your questions is to get guardianship of your mom. You will then be able to get her appropriate placement, even against her will. You will need to show that she is incapacitated and unable to care for herself. This is usually done with a doctor's report. Once you have... View More
She has some dementia and does not have a will, powers of attorney, etc. despite my encouragement for years to get these documents. She won't listen to anyone regarding having to move out of the trailer park. If I went to court and was granted guardianship, would I be liable for whatever she did?
answered on Sep 4, 2018
Your mom could be evicted if the lease is not renewed. APS may get involved or at least investigate the situation. Guardianship sounds like a viable option, but you would be responsible for getting her placed somewhere safe.
I have been my mom's care giver for 2yrs for her Parkinson's and have lived with her for 3yrs. She went to utah 3wks ago to visit my brother for 10days and now I have been informed she gave this man power of attorney of her life and he has taken control over her. Trying to evict me sale... View More
answered on Jul 24, 2018
Overriding a power-of-attorney is not easy unless your mom agrees and revokes it. One of the few ways to force this is to petition the court to get guardianship for your mom. This is result is by no mean certain, but it is one of the few options in this situation.
answered on Apr 23, 2018
There are two main benefits to avoiding probate: saving time and money. The first step of probate is to get a personal representative appointed, and this usually takes between 2-6 weeks. After that, Arizona law requires that most probates remain open for at least 4 months. Closing a probate usually... View More
A claim would have to be filed to be eligible for a percentage of a large sum. My aunt died 3 years ago and left some personal items from her estate as well as some of her paperwork of old financial records- just in case. Glad I hung onto them. But, she and her estate were under a county... View More
answered on Mar 15, 2018
The personal representative of your aunt's estate is the one who should file any claims. As for the claim that was paid, you will need to know more about the claim, itself. One of the jobs of a fiduciary is to investigate claims, reject the poor ones and, where funds are available, determine... View More
She is legally blind, due to macular degeneration, and may not be able to live in her home any longer. Her 93 year old partner, who provides much of her care, is terminally ill, hospitalized, and may not survive the month. I have legal power of attorney for my mother and am trying to secure... View More
answered on Jul 28, 2017
It is hard to say without knowing more about the existing trust. However, in very general terms, property can usually be added to an existing trust without having to modify the underlying trust document, or at least with only having to modify the appended property list. With property such as a... View More
That is 10 years ago. He was told by his lawyer that he would need to have a letter from his doctor stating that he is of sound mind. I understand the reasoning, so that no one takes advantage of him, however, he is insulted that his lawyer would require him to have a doctor determine if he is... View More
answered on Jun 30, 2017
Only if the lawyer thinks your father is or of his mind. I have elderly clients who are sharper than young ones. Get a new lawyer
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235... View More
I was the Temporary Guardian and Conservator...and now have the current Conservator trying to sue my $100,000 bond with my surety company. Why is that even an option?
answered on Jan 27, 2016
You can ask a lawyer to review the terms of the bond and surrounding circumstances.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation.... View More
answered on Jan 15, 2016
All the questions you have about your matter.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal... View More
answered on Nov 8, 2015
More information is needed to answer. An elder law or real estate lawyer can assist.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation.... View More
This has been going on for sometime and she will not listen to family. She believes he is real and will come and save her house. She stopped making payments and is now in foreclosure. She will not let anyone take over her money. She gets very angry if you try to ask to many questions or talk about... View More
answered on Jun 3, 2012
Generally, you need to file an action in court to have your mother found mentally incompetent and to have the court appoint a legal guardian/conservator. However, the guardianship laws, requirements to be found mentally incompetent and the medical evidence required vary from state-to-state, so I... View More
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