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Elder Law Questions & Answers
1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Pennsylvania on
Q: Can family have a say in an elderly person's need to move to a care facility? This person is of-sound mind;

She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2021

I would approach an elderlaw attorney who is certified; the area office on aging can be of help.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Washington on
Q: A will was drawn up by an attorney who allowed a felon to be an executor Is he liable ?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Aug 3, 2021

Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.

On another note, many states have a statute that...
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2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: My Dad died in Jan 2021 & owned a home in MD, with no estate. No other accounts or income.

From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 29, 2021

Under federal income tax law, the tax basis of your father is "stepped up" to fair market value on his date of death. That is the basis you would use to determine capital gains, if any.

So for example, if you dad purchased his house for $75K in 1995, and when he died in January...
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2 Answers | Asked in Elder Law for Ohio on
Q: Can copies of durable powers of attorney be notarized? An attachment made to it? Originals lost.

My parents lost their original notarized copies of powers of attorney, naming myself as able to take care of finances, etc. They are both in assisted living, both with dementia, but able to still sign and converse. I have copies of the originals, is there a way to notarize these somehow? Add a... Read more »

Andrew Popp
Andrew Popp answered on Jul 29, 2021

That's an interesting question. You are essentially trying to have a new POA created with the same terms as the old POA. As phrased, the answer is probably no, but there may be ways around it. Keep in mind that you shouldn't need the original POA when acting for your parents for most... Read more »

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1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 28, 2021

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: How much can I expect to pay a lawyer to be my agent under a durable power of attorney for finances?

What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?

Gary Lane
Gary Lane answered on Jul 27, 2021

Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.

1 Answer | Asked in Elder Law for New Jersey on
Q: my mother needs to go to a nursing home.

if medicaid sees that her house was transfered to me (son) within the previous 5 yrs do i have to give medicaid the house in order for her to be admitted to a nursing home with out delay ?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 26, 2021

Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.

If you received the house from her recently, a give back may be the best thing. However, if she "otherwise...
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2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison answered on Jul 22, 2021

What is your question?

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1 Answer | Asked in Family Law and Elder Law for Kentucky on
Q: We need to petition the court to move my mother to another state Where can i get the form to petition the court?
Timothy Denison
Timothy Denison answered on Jul 22, 2021

Your local circuit court clerks office.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

1 Answer | Asked in Elder Law, Health Care Law and Family Law for Puerto Rico on
Q: Hi my name is Peter. I moved to Puerto Rico from Chicago to care for my mother who had cancer and was living by herself.

My mother is 78 years old and cannot care for herself. I pay for all the bills and expenses. My question is, is there any financial assistance available, through guardianship that I can apply for and how do I get this financial asistance in order to be able to pay the bills and all other expenses?... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Jul 21, 2021

Greetings:

Your mother can request government assistance to get food, try to qualify for medical assistance through medicaid and other services for the elderly through the local ombudsman offices as well as other government agencies that help the elderly.

3 Answers | Asked in Estate Planning and Elder Law for Georgia on
Q: We did a will for my hubby who now is in the throes of Alzheimer's. I have Power of Attorney. What if I die first?

Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?

Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2021

No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law and Elder Law for California on
Q: Elder abuse case (dependent) resulting in financial exploitation. Do a criminal law attorneys rep on contingency basis?

Fraud and financial exploitation are at issue. Civil Trial completed. Appeals completed. Mistrial.

Dale S. Gribow
Dale S. Gribow answered on Jul 15, 2021

more info would be necessary.

however, as a rule, a criminal lawyer does NOT handle matters on a contingency.

this is because you are talking about civil liberty (jail) rather than a PI lawyer going after money.

you should probably write out a detailed summary so you...
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1 Answer | Asked in Family Law and Elder Law for Arizona on
Q: I am in urgent need of a "Pro Bono" lawyer. I am 80 years and my son has taken everything I owned.

I cannot afford a lawyer that charges a fee before I get everything back from my son.

Stephen M Vincent
Stephen M Vincent answered on Jul 14, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

2 Answers | Asked in Estate Planning, Elder Law and Probate for Massachusetts on
Q: My dad left an irrev. trust&my sister & I are co-trustees. Everything's split 50/50.Is it legal for her to take things

My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 10, 2021

Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.

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1 Answer | Asked in Civil Rights, Elder Law and Trademark for Missouri on
Q: Can someone sue an individual who directly misuses them financially? I'm disabled.

This man was homeless and I chose to help him, he used me, he has money, and always did, he pretended to care for me, to keep a roof over his head. He is abusive.

Linda Liang
Linda Liang answered on Jul 10, 2021

It depends on what you want him to do. You can ask him to leave. If he refuses, you can sue to eject him.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: An elderly friend is being kept in a rehabilitation facility against her will. Who can help?

She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2021

Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: How do I remove myself as alternate or substitute agent from both financial and healthcare Power of Attorney documents?

This is in the State of Michigan.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

There are two ways to do this. The first way is to inform the maker of those instruments that you are not willing to serve and ask that he or she revoke the existing instruments and make new ones. If that is not possible, then you can simply decline to serve. This should be done in writing and... Read more »

1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Massachusetts on
Q: Can an alternate designation written on a will (not a beneficiary) supersede the Heirs-at-law?

A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 28, 2021

If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Landlord - Tenant for Georgia on
Q: In a dispossess proceeding against me for a house I own. No notice. plaintiff won. entered illegally w/o sheriff

Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 28, 2021

Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.

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