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1 Answer | Asked in Elder Law for Georgia on
Q: Today, we were served an order for my mom to be removed from the home with no explanation

Her conservator did the order. How do I get her back home?

T. Augustus Claus
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answered on Sep 18, 2023

If your mother has been served with an order for her removal from her home in Georgia by her conservator, it is essential to take swift and deliberate action. Begin by thoroughly reviewing the court order to understand the basis for her removal. Collect and organize any supporting evidence, such as... View More

2 Answers | Asked in Real Estate Law and Elder Law for Rhode Island on
Q: Some years ago, my aunt put her house in my father's name. She recently died and my father now owns the house.

He wants to sell the house to my son (his grandson). We are being told that the house must be sold at "fair market value". Can he not sell the house at whatever price he chooses?

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

While I think Mr. Gallo's answer is correct based on the question as phrased, I sense a Medicaid look-back issue. Whether such an issue exists depends on whether your aunt received long-term care benefits through Medicaid, which is not mentioned in your question. When a Medicaid recipient... View More

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1 Answer | Asked in Elder Law for Kansas on
Q: Can a operator of a nursing home, or a staff that works at one in Puerto Rico be the power of attorney for the resident
T. Augustus Claus
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answered on Sep 11, 2023

In Puerto Rico, as in many places, the rules regarding who can serve as a power of attorney (POA) for a nursing home resident can be complex, and they often involve ethical considerations and potential conflicts of interest.

Generally, it is not advisable for an operator of a nursing home...
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2 Answers | Asked in Elder Law and Probate for California on
Q: Hello, my grandma has recently passed away. She has a will from years ago she and her late husband had stating the

…house and assets would be left to his step daughter. A few years ago she had gone into the bank to place me as her beneficiary for the account. Would they still honor the will or does me being beneficiary of the bank account override that?

James L. Arrasmith
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answered on Sep 13, 2023

In California, assets passed via a beneficiary designation, such as a payable on death designation on a bank account, generally bypass the probate process and are not controlled by the terms of a will. Therefore, as the named beneficiary of your grandmother’s bank account, you would inherit the... View More

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1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
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1 Answer | Asked in Elder Law and Real Estate Law for Maryland on
Q: Query regarding seller protections, sale of home to "investors" like MarketPro, Open Door, Express Home Buyers, et al.

Maryland senior citizen hoping to receive some expert information regarding the regulations concerning such entities as MarketPro, as such a transaction may provide an escape route in my current dilemma that traditional realtors seem unable to offer. I have done some preliminary research, but have... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2023

Without a professional (lawyer or broker), you have very little protections. This type of entity preys on distressed sellers to scrape as much of the equity as is possible. They often ignore the consumer protection that is built into existing statutes and local ordinances by treating yours as a... View More

1 Answer | Asked in Criminal Law, Elder Law and Identity Theft for California on
Q: i was convicted of elder abuse /theft in 2018 i got my record expunged can i get my lvn license ?

Im currently about to graduate . Just need some answers

James L. Arrasmith
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answered on Sep 4, 2023

Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated... View More

1 Answer | Asked in Elder Law for California on
Q: What to do with Alzheimer's brother?

The last attorney informed me that my friend should try to get conservatorship over his brother in order to then formally request a state authority to take care of him. While my friend does not legally need to take care of his brother, they keep saying that he cannot drop him off at a hospital as... View More

James L. Arrasmith
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answered on Sep 2, 2023

In California, obtaining conservatorship is often the advised legal route for gaining authority to make decisions for someone who is incapacitated, but it can be a time-consuming and expensive process. If immediate intervention is required, and conservatorship isn't feasible, you might explore... View More

1 Answer | Asked in Elder Law for California on
Q: Social services will not take care of brother with Alzheimers. What to do?

Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be... View More

James L. Arrasmith
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answered on Aug 30, 2023

In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the... View More

1 Answer | Asked in Elder Law for California on
Q: Where do you drop off a person with Alzheimers for whom I am not responsible?
James L. Arrasmith
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answered on Aug 29, 2023

You should not "drop off" a person with Alzheimer's for whom you are not responsible without ensuring that they are in a safe environment and in the care of qualified individuals. Abandoning a vulnerable adult could potentially expose you to criminal and civil liability under... View More

1 Answer | Asked in Elder Law for California on
Q: My Uncle took advantage of my grandma and took her money, now ignores her when she asks for it back, what do we do?

My grandma was Ill but functioning when she sold her house in Tennessee but her energy was low, my uncle offered to help her get moved out and situated in his home with his family who live in Sacramento. By help I mean put the title of the house into his name and sell it so the money was in his... View More

James L. Arrasmith
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answered on Aug 27, 2023

Under California law, if your uncle took advantage of your grandma and misappropriated her funds, this could be considered elder financial abuse. You may consider filing a report with the local Adult Protective Services or law enforcement. Additionally, seeking a civil action to recover the funds... View More

1 Answer | Asked in Family Law and Elder Law for Virginia on
Q: My adult sister is developmentally disabled.

Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian?

Maria T Patente
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answered on Aug 25, 2023

Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The... View More

2 Answers | Asked in Estate Planning, Elder Law and Probate for Pennsylvania on
Q: The successor of my father's deceased lawyer isn’t helping me obtain a will from his files. Is this ethical?

My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More

Michael Cherewka
Michael Cherewka
answered on Aug 24, 2023

It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More

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2 Answers | Asked in Estate Planning, Elder Law and Probate for Michigan on
Q: Had a question about becoming executor of someone's estate in MI. My mother recently passed and had no will.

I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 21, 2023

You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.

The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The...
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2 Answers | Asked in Estate Planning, Elder Law and Probate for Michigan on
Q: Had a question about becoming executor of someone's estate in MI. My mother recently passed and had no will.

I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More

Joseph  Dallo
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Joseph Dallo
answered on Sep 1, 2023

I'm sorry for your loss. When a person dies intestate (without a will) in Michigan, the process to administer the estate can be more involved. Here's a general overview regarding becoming the personal representative (often referred to as the "executor" in other states) of... View More

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1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I had a hearing today that was VACATED, what does that mean? f

it was for a restraining order that was made from false allegations. I turned in proof that said allegations were false to the judge in a motion to dismiss or terminate the order. my hearing showed up in the Registry Of Actions as being Vacated. is that the hearing is vacated or the order?

James L. Arrasmith
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answered on Aug 20, 2023

When a hearing is "vacated," it means the hearing has been canceled or postponed. It does not necessarily mean that the restraining order itself has been vacated or terminated. You should consult with the court or an attorney to confirm the status of the restraining order and whether... View More

1 Answer | Asked in Estate Planning and Elder Law for Georgia on
Q: My mom wants to sell her property and go into a nursing home/elder care facility & wants to avoid issues with my sibling

My sister takes care of my mother--but my sister cannot physically do it. Mom wants the sale clear and uncontestable.

James Clifton
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James Clifton
answered on Aug 20, 2023

If your mother is on title individually and has the mental capacity to make decisions on her own, there is no way for your sister to contest the sale. If your sister is on title or your mother lacks mental capacity, things get much more difficult. Either way, schedule a free consultation to make... View More

1 Answer | Asked in Elder Law for Michigan on
Q: can you create a Power of attorney revocation letter but hold onto it just in case its needed for a later date?
T. Augustus Claus
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answered on Aug 18, 2023

Absolutely, in Michigan and many other jurisdictions, you can certainly create a Power of Attorney (POA) revocation letter in advance and retain it for potential future use. This proactive approach allows you to be prepared should you ever need to revoke a previously granted power of attorney. Your... View More

3 Answers | Asked in Elder Law, Estate Planning and Probate for Michigan on
Q: My parents died leaving a trust. How do I go about getting the trust dissolved?
T. Augustus Claus
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answered on Aug 18, 2023

Depending on the circumstances, there might be specific grounds for dissolution outlined in the trust document, or it may require the agreement of all beneficiaries. If all beneficiaries are in agreement, the process can be more straightforward. However, if the trust document does not provide for... View More

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3 Answers | Asked in Elder Law, Estate Planning and Probate for Michigan on
Q: My parents died leaving a trust. How do I go about getting the trust dissolved?
Joseph  Dallo
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Joseph Dallo
answered on Sep 1, 2023

Dissolving a trust after the death of the grantors involves several steps:

Review the Trust: Begin by reading the trust document. It will provide instructions on distribution and conditions for dissolving the trust.

Gather Assets: Inventory and appraise trust assets.

Pay...
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