Elder Law Questions & Answers by State

Elder Law Questions & Answers

Q: MY ,MOTHER IS LEAVING HER HOUSE TO ME IN HER WILL. IF SHE GOES INTO A NURSING HOME, WILL THEY TAKE THE HOUSE FOR PAYMEN

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Answered on Mar 27, 2017

Elder Law or Medicaid Planning Law in Florida is a very specialized area. You should seek the advice of an elder law attorney to explain this issue to you in greater detail than I can explain here in this forum.

However, so long as you do not rent your mother's house to someone who is not an heir (not a child or a grandchild, for example) or so long as her will does not direct the PR to sell her homestead when she dies, then even though she is in a nursing home, she will be able to...
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Q: Settlement was agreed to by former employer, my Co-D & Plaintiff, absent consent or knowledge from myself, in Pro Per.

1 Answer | Asked in Employment Law, Civil Litigation, Elder Law and Legal Malpractice for California on
Answered on Mar 27, 2017

Your facts are vague. Perhaps you should hire a lawyer or use self-help resources at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Rent date change how? .. Is 1st (chg'd late fees) now need 20th .. Senior now gets government check on 15th of month. Ty

1 Answer | Asked in Elder Law and Landlord - Tenant for New Jersey on
Answered on Mar 26, 2017

You can try writing a letter asking to change the due date on the rental agreement. If this doesn't work, contact me for a free phone consultation.
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Q: Can older brother who has been out of his mothers life for over 15 years.. When she has dementia in nursing home.

2 Answers | Asked in Family Law, Elder Law and Estate Planning for New York on
Answered on Mar 25, 2017

Is there a will or trust? Is there a Power of Attorney? If you suspect fraud, undue influence, or duress, you may consider filing a suit against the alleged wrong-doer. If you want to challenge the guardianship, you can file the necessary court documents. See: http://www.nycourts.gov/courthelp/guardianship/AIP.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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Q: Is it legal for mother to put house in trust without father's knowledge?

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Answered on Mar 25, 2017

Assuming your father's name is NOT on the house, then -- until April -- your mother CAN do whatever she wants with her property. Interestingly, until April, your father cannot do anything similar because your mother, as his wife, has more rights than he does. Thanks to recent Supreme Court rulings, the Michigan Legislature is changing this,

Given that however, this doesn't sound like it will make a huge difference if your father is not living in the house. If they are NOT involved in a...
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Q: Can a skilled nursing facility have a patient transferred due to attitude?

1 Answer | Asked in Elder Law and Nursing Home Abuse for California on
Answered on Mar 22, 2017

You can sue for defamation based on the false claims. That may also motivate his attorneys-in-fact to move him elsewhere. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Is this written will or POA paperwork legal if my 91 year old Mom signed it AFTER she had dementia diagnosis?

3 Answers | Asked in Estate Planning and Elder Law for California on
Answered on Mar 21, 2017

There is no way to know this for sure without assessing your mother's level of understanding at the time she signed the paperwork. Because you "have" Alzheimer's or dementia does not mean you lack testamentary capacity at all times. That is why witnesses and notaries are important. THEY can assess the person's mental status at the time, and their testimony matters.

If you have questions or believe this is something that should be challenged, seek local legal help. That is NOT an easy...
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Q: To contest an adult guardianship, must interested adult children apply or petition the court for guardianship?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on Mar 17, 2017

In Texas anyone seeking to become a guardian must be represented by an Approved Guardianship Attorney. Contact the Harris County clerk for a list of local Approved Guardianship Attorneys.
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Q: My elderly childless Aunt has dementia -

1 Answer | Asked in Elder Law for Texas on
Answered on Mar 16, 2017

If you are not named as your aunt's agent under both a Durable [Financial] Power of Attorney and a Medical Power of Attorney, you will need to apply to become her guardian. Check with your County Clerk for a list of local Approved Guardianship Attorneys.
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Q: Who has authority over the ward's VA benefits & Soc Sec benefits , the guardian of the person, or of the estate ?

1 Answer | Asked in Elder Law and Probate for Texas on
Answered on Mar 16, 2017

In Texas the guardian of the person has authority over Social Security benefits. This may well be the rule in order to allow parents of disabled adult children handle their meager Social Security benefits without the added expenses of an annual accounting.
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Q: My Daughters have a power of attorney on me! I'm 86 and of sound mind. I don't wish for my daughters to have power

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Answered on Mar 14, 2017

You can revoke the power of attorney by signing a new one or just signing a revocation of the old one. You can draft a handwritten will if you want, but it will not revoke the power of attorney. That being said, a simple revocation of power of attorney will do that.
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Q: Is it legal for a Caregiving Agency to mandate the caregivers have no contact with the only living family member?

1 Answer | Asked in Elder Law for California on
Answered on Mar 11, 2017

What's the basis for such actions? Do they say you pose some risk to them? Are there improper interactions between you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: What do I do if we need an advance care directive for my father, but he has dementia?

2 Answers | Asked in Elder Law for Florida on
Answered on Mar 10, 2017

If you father has been diagnosed as having dementia the situation may be very difficult. In order to execute an advanced care directive for either a Medical Power of Attorney or even a financial power of attorney, the person executing the document needs to be of sound mind or within what is phrased as a lucid moment.

Dementia is a progressive and degenerative disease, so the answer to your question depends greatly upon the actual stage that the disease has progressed in your father....
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Q: I have been granted guardianship of the people, which are both parents. Can I take control of their life policy.

1 Answer | Asked in Consumer Law, Estate Planning and Elder Law for Texas on
Answered on Mar 8, 2017

The only financial assets which a guardian of the person has authority over are government benefits. As guardian of the person, you should not be paying bills. Is there someone acting as agent under a Durable [Financial] Power of Attorney?
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Q: Hello -- thanks for considering my questions. My mother-in-law is 93, has just entered long term care, private pay,

1 Answer | Asked in Estate Planning and Elder Law for New York on
Answered on Mar 8, 2017

Your questions are too detailed for a message board. There are better ways to proceed, but if you have already filed for Medicaid, you may have tipped your hand one way already.
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Q: My sister has power of attorney regarding our mother's finances and has had herself added to mom's checking account.

2 Answers | Asked in Elder Law and Estate Planning for Pennsylvania on
Answered on Mar 7, 2017

Talk to an elderlaw attorney.
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Q: Is a POA allowed to legally set up cameras inside the residents house that they are POA for?

1 Answer | Asked in Elder Law for New York on
Answered on Mar 7, 2017

It depends on the terms of the POA. Perhaps they're doing so for his protection? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Mom and Dad completed a will at the attorneys office about 20 years ago. At the time they lived in Florida.

1 Answer | Asked in Elder Law and Probate for Florida on
Answered on Mar 6, 2017

You would need to hire a probate litigator to contest the will. Let me know if you would like to be put in touch with one. But expect to pay a 5-7k retainer. These cases can get expensive.
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Q: If a family member passed from E Coli during a nursing home stay and wasnt properly watched over what can you do?

1 Answer | Asked in Elder Law, Family Law, Nursing Home Abuse and Wrongful Death for New York on
Answered on Mar 6, 2017

You may be able to sue the nursing home for negligence and wrongful death. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: If my mother is in a hospital out of her county request to be transferd back to her own county r b realesed

1 Answer | Asked in Family Law, Civil Rights and Elder Law for California on
Answered on Mar 3, 2017

Based on the limited information you provided, your mother can tell her treating doctor in the hospital that she would like to be transferred closer to home. Depending on the seriousness of her medical condition, such as whether she is healthy enough to travel, her treating physician should accommodate her desire to be closer to home and her own doctor. Again, depending on her condition, she may need to be transported by ambulance, in which case her Medicare may not cover that unless it is...
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