3. When being discharged to nursing facility his sister moves him without his knowledge.
He states that she doesn't have durable power of attorney.
He wants me to make decisions so he can be near me. Feels he gets better with me near by
I live in Hemet CA (Riverside... Read more »
answered on Sep 22, 2022
He should speak with an estate planning attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I'm 68 retired us veteran city took my home using code inforcement. Then court appt reciever
answered on Aug 19, 2022
You should look for a lawyer with experience handling both elder abuse claims and civil rights cases. You might also contact the local ACLU office and ask for their help.
Do not delay because every moment counts.
answered on Aug 18, 2022
what are you suing for, and why?
Are you saying a hotel refused to rent a room? if so why?
She is on a fixed income and recently refinanced the home because he demanded she pay him back for the down payment which was over 20 yrs ago. She has been the only one paying mortage, utilities. Hes been there freeloading. Now hes demanding she leave, its his house. Shes not allowed to eat his... Read more »
answered on Aug 17, 2022
It surely seems like a very toxic relationship. I recommend that she get away from him as soon as possible. The longer they remain married, the more money she may owe him in spousal support (aka alimony), since she is financially supporting him during the marriage.
I'm the oldest sibling, and I have three (3) brothers and one (1) sister. Approximately 10 years ago my Mother gave my sister what I believe is a limited power of attorney to manage her property and assets. I was born in Dayton, Ohio. A few years after authorizing the above-noted power of... Read more »
answered on Aug 7, 2022
A fiduciary litigation attorney can help you attempt to get someone else appointed as conservator for your mother, and the conservator can sue your sister to get stolen money and assets back.
I went to Northridge Hospital on 6/14. in chronic pain with Essential Thrombocythemia Hemorrhage Severe/ JAK2 mutation and degenerative disc disease. Admitted 6/15, The Doctor discovered it was my back by 6/17. The hospital contacted Woodland skilled nursing rehab facility to transfer me to. A... Read more »
answered on Jul 28, 2022
Are you a veteran? If you are, get to the closest VA hospital emergency room. If you are not already enrolled, they will enroll you while you are there.
If you are not a veteran, look for a civil rights lawyer or law firm who handle elder abuse cases, who can help you. Keep all your... Read more »
My grandparents passed away over 10 years ago and I am trying to get their medical history. I am not the executor of their estate (they didn't do estate planning before passing away) and my father is the death certificate holder. I live in California, however, they passed away in New York. I... Read more »
answered on Jul 13, 2022
You are right on the money with the HIPAA reference. Everyone has a right to privacy in their medical information. So, if one spouse is in the hospital and the other spouse calls to ask how the hospitalized person is doing, the hospital is not even allowed to acknowledge the person is in the... Read more »
My mother currently lives in the house she purchased with my late father. Fully paid and in their trust. She is showing signs of dementia and we expect the need for full time in-home or assisted living care within the next year. In a recent review of my father's trust, we found an unexpected... Read more »
answered on Jul 6, 2022
Talk to an elder law attorney. You might be able to keep the house AND get Medicaid to pay for her care.
She didnt have relationships with her two children. One was ordered to move out and had a protective restraining order about 6 months prior to death and her other child she hadn't seen in 15 years. However the son she had no contact with for 15 years came one day and got POA. However, my... Read more »
answered on Jul 5, 2022
When a person dies with no will, then state law determines who inherits. Assuming your grandmother was unmarried when she died and all of her biological and adopted children survived her, then her children inherit in equal shares. Grandchildren would not inherit.
As an out-of-state son (#1) and named beneficiary, is it possible to get a trust accounting and a copy of the current (I've seen an older one) trust from a completely uncooperative other son (#2) who is the executor and POA? He keeps moving my mother to different facilities (early alsheimers)... Read more »
answered on Jun 22, 2022
Unfortunately, you may have an elder abuse situation on your hands. Elder abuse includes both physical abuse and taking advantage of someone with limited mental capacity by spending all their money. I'm sorry to say it sounds like you need to hire a lawyer because your brother won't... Read more »
I wanted to go to my root canal dentist who was in the plan but they insisted i go to their sister office; as it turned out he was nor in the plan and i had to appeal to get them paid.
answered on Apr 12, 2022
A California attorney could advise best, but your question remains open for three weeks. Nationwide, claimants do sometimes include interest in filing arbitrations for health care services (I cannot speak for California rules with AAA or other arbitration forums). But as a practical matter, it... Read more »
Her oldest daughter has Power of Attorney,
placed her in a facility without asking or talking to her about other living options she has available to her. She doesn't want to live nor need to live in a facility. She also has a Living Trust. She has options to live with relatives or... Read more »
answered on Mar 21, 2022
So long as she has the "capacity" to make her own decisions, she can make her own choices, including revoking a power of attorney. If a contract was signed with a valid power of attorney in place, that will have to be looked at. You should have your mom see an estate planning attorney,... Read more »
now the trustee refuses to share any information about the estate or trust with her three siblings. She has now had Mom diagnosed with dementia. Are we entitled to a copy of the trust and/or any other estate information while Mom is still living? How do we get a copy of the trust?
Thank you
answered on Jan 27, 2022
If mom was diagnosed with dementia, then yes, you and your siblings are all entitled to a copy of the trust and certain information under the terms of a new law which became effective on 1/1/2022. I would advise you to consult with an estate planning attorney to determine and enforce your legal... Read more »
His girlfriend cashed out his 401K and used his credit. She refused to let anyone talk to him over the past 2 yrs. She refused to take him to the doctors. He was wandering around daily in his Camptonville neighborhood. He has gone missing several times. My daughters and I flew out to check on him... Read more »
answered on Nov 19, 2021
more info is needed.
this is not a criminal case unless you are referring to someone to represent his new wife.
make an appointment with a local lawyer in your area.......maybe one who does conservatorship etc???
answered on Sep 21, 2021
This could be a number of different wrongs, including "conversion" (think theft), and Elder Abuse. You should contact a local attorney that handles issues of Elder Abuse (Financial abuse is also Elder Abuse- you don't have to bruise them to commit Elder Abuse). You should act right... Read more »
answered on Sep 21, 2021
There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the... Read more »
… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »
answered on Sep 10, 2021
You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »
My senior family member is receiving 24 hour care services and recently received a 22% increase in the cost of his care.
answered on Aug 20, 2021
No, there are no statutory limits. You should however review your contract with your healthcare provider and see if there are any notice requirements and/or any other limitations before a rate increase takes effect.
Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.
answered on Aug 10, 2021
If your brother is living, the most important question is whether your brother still has his mental capacity. In other words, does your brother have advanced Alzheimer's Disease or is he completely lucid? If your brother still has his mental capacity, he should be making all his own decisions... Read more »
Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.
answered on Aug 10, 2021
Hello,
Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.
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