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Elder Law Questions & Answers
2 Answers | Asked in Elder Law and Estate Planning for Florida on
Q: I have 4 sons. 1 son is coming to live and care for me I am 80. When I pass I want to be sure that he can continue to

live in the house until he dies or can no longer then house passes to the other 3

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jan 28, 2022

You could give the son who is living with you a Live Estate and then have the other sons and him be the remaindermen so they would get the property when you die. This can be done through a deed.

Ellen DeutschTaylor

727 365-3121

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: My mother changed the trustee of her living trust from one child to another. There are four siblings and the one who is

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

James Edward Berge
James Edward Berge 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 »

1 Answer | Asked in Medical Malpractice and Elder Law for New Jersey on
Q: Who legally is medical P.O.A. for my dying mother? No legal paperwork has been done. I'm oldest of 4 girls

Mother is now brain dead and end of life questions have arose. My 2nd sister is insisting she makes all choices, cause she lives closest. She has been telling doctors what to do next without speaking to any of us. Hospital will not even except my calls, cause 2nd sister has lied and said shes POA.... Read more »

Richard Diamond
Richard Diamond answered on Jan 26, 2022

I am terribly sorry to hear about your mother's condition and that you and your sister are fighting over how to handle your mother's current condition peacefully.

As to a power of attorney, I would be shocked (take a breath), if your sister was able to simply tell the hospital...
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2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... Read more »

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: Who determines if a person with Dementia is able to continue to make decisions such as POA choice?

I would like my husband's grandmother to come live with us her son (husband's uncle) does not want that. I would like to get medical POA, however, she has moderate dementia. There is no POA paper work in place. He would like to put her in a nursing home, we are willing to add on to our... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

She can make her own decisions until a probate court appoints someone to be her guardian. If she designates a POA, then the person named can take action on her behalf. But another family member, like her son, could challenge it in probate court and ask to be guardian. The judge would then... Read more »

1 Answer | Asked in Banking, Civil Rights, Elder Law and Identity Theft for Rhode Island on
Q: Foreclosure,check fraud,SNAP fraud,credit cards open.Family member took advantage of grandmother. She's out 25,000+HELP

Family member was caregiver for grandmother was supposed to pay mortgage,bills.. Never paid mortgage. grandmother will lose house foreclosure, she's out $20,000. Family member left grandmother bank account $0. Grandmother's social security check went into bank account&stimulus checks... Read more »

Neville Bedford
Neville Bedford answered on Jan 20, 2022

https://riag.ri.gov/elder-abuse is a good place for you to start to seek help for your elderly relative. Good luck to both of you.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Illinois on
Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Jan 20, 2022

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... Read more »

1 Answer | Asked in Domestic Violence, Elder Law and Personal Injury for Texas on
Q: If I live with an elderly person and they are harming , neglecting and falsely accusing me of abuse. Can I get in troubl

We are no longer a couple we share different rooms in the same home. She called aps on me several times and self harms herself to say I caused it . She makes herself fall and will sit there without letting any one know she's fallen just to tell them I left her on the floor for hours. , she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

You can be arrested and charged with a felony if a law enforcement officer believes that you physically hurt an elderly person, or that you neglected a duty to prevent them being hurt. The safest thing is to remove yourself from the situation.

2 Answers | Asked in Elder Law for New York on
Q: In ny we would like to pay the penalty for Medicaid cured ?
Russel Morgan
Russel Morgan answered on Jan 12, 2022

When it comes to penalty’s, you can pay it but needs further details on the reason. You can always consult with us for more specific advice.

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1 Answer | Asked in Elder Law and Gov & Administrative Law for Maryland on
Q: I failed the road test 3 times in Maryland Driver Re-examination. How can I get another road test?

I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... Read more »

Mark Oakley
Mark Oakley answered on Jan 8, 2022

A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court... Read more »

1 Answer | Asked in Elder Law and Social Security for South Carolina on
Q: Do I need to just stop being rep of payee if so how?

I am currently rep of payee of my 64 year old mother's disability. Now she will not let me in her home & will barely speak to me because of diff of opinions. Should I stop being rep for my legal responsibility or how responsible for her am I?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 7, 2022

As a representative payee of your mother's Social Security disability, you have a lot of responsibility. You are responsible for managing your mother's benefit payments in a way that is in her best interests. You must follow Social Security law and use her disability payments for your... Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: Can I buy my 91 yr old Mom's home and then rent it to her without impacting her possible future Medicaid eligibility?
Stephanie Sexauer
Stephanie Sexauer answered on Jan 7, 2022

I see you're located in Wisconsin, but posted this for an Illinois attorney, so I'll respond regarding Illinois law.

There is a 5 year Medicaid look back period. If your mom sells you her home for less than fair market value and she does require a nursing home stay during that...
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1 Answer | Asked in Elder Law for Michigan on
Q: I am a recent gaurdian for a very good friend. I now have acres to her banking. I have seen that she has $4300.00.

In her checking (she is on Medicaid and facility). I know $2000.00 is allowed in this account. What can I do with the extra for her. We have already paid for funeral.

Brent T. Geers
Brent T. Geers answered on Dec 31, 2021

You should consult an elder law attorney before doing anything with that money. But generally, there are many things that you can spend money on in a "spend down" strategy.

1 Answer | Asked in Civil Rights, Elder Law and Probate for Michigan on
Q: What do I need to file in order to be added as an interested person? Person is still living. More details included.

A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 31, 2021

You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell.... Read more »

2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I am a low income senior and can't find anyone to notarize the will I created on-line. Who can help me?

I was told there is a new law in Florida stating citizens must use an attorney for notarizing wills. Is this true?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Dec 27, 2021

Wills must be witnessed by two people and notarized if you are using a self proving clause. You should have your will reviewed by an attorney to make sure it complies with Florida law.

Ellen Deutsch Taylor

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2 Answers | Asked in Elder Law, Real Estate Law and Public Benefits for Ohio on
Q: House & mortgage in both names. Does dad need POA to put house in his name only since she is in nursing home with Alz?

Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 14, 2021

Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... Read more »

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1 Answer | Asked in Elder Law, Family Law and Public Benefits for Ohio on
Q: Mom Medicaid for nursing home. Spouse living at home. They can’t take his house, right? What happens if he sells?

Elderly mom with Alzheimer’s disease needs 24 hour care. She is living in nursing home & needs Medicaid help to pay. Can her spouse sell their house in Ohio and use money left after mortgage payoff to buy another house or does he have to pay back Medicaid mom’s share of proceeds?

Moshe Toron Esq
Moshe Toron Esq answered on Dec 13, 2021

He must first put the house into his name only. Then, if he sells his house, he can use the money to buys another house.

1 Answer | Asked in Adoption, Family Law and Elder Law for Oklahoma on
Q: Re: guardianship of my mom. My siblings were adopted out of the family. Do I need to serve official notice to my them?

I am the only one of my mom's children who wasn't legally adopted. I'm wondering if I should go through the process of paying a sheriff/process server to deliver the notice of guardianship petition.

Charles Watts
Charles Watts answered on Dec 9, 2021

Since an adopted child still receives a childs portion of the estate of biological parents, I would send them notice in this matter as well. However, you can send it via certified mail and this is cost less than the sheriff/process server.

1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Illinois on
Q: If a parent is put in a memory care assisted living by a POA. As a heir can I find or get a look at the POA

I believe fraud is Occurring

Nina Whitehurst
Nina Whitehurst answered on Dec 8, 2021

There isn't a real good way for you to get a look at it, because neither the principal nor the agent are obligated to share it with you. But if you have good grounds to suspect that elder abuse (financial or emotional or other) is taking place, then report it to your local Adult Protective... Read more »

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