My uncle with POA over my father moved my dad to nursing home and removed over 100k worth of equipment from my dads home and sold it. I am the sole beneficiary of the estate. We now have buy new equipment to take care of the property. POA told us that it was for his medical care. Money was never... Read more »
Fro your side of the story it does appear that your uncle misappropriated funds. The law does provide legal remedies for those aggrieved by such behavior. You will need to fire an attorney and most likely pay a hefty retainer. If your uncle is collectible and sufficient dollars gone missing are...Read more »
No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a...Read more »
Mother & father are settlors, primary beneficiaries, & co-trustees. Mother has been incapacitated. Father has been grossly negligent in his fiduciary duties as co-trustee. He has withdrawn/spent large amounts from the trust for his own benefit & didn't use any of the withdrawals for mother. Father... Read more »
The rights of an incapacitated co-trustee of a revocable living trust depend on what the trust document says. Most revocable living trust documents state that the co-trustee, in this case the husband, shall make all decisions in that event. Similarly, most revocable living trust documents state...Read more »
Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »
At a minimum, you should update the mailing address on file with the county assessor's office, assuming address to which you would like tax statements mailed has changed since your mother died. If the trust document states that title to the house must be transferred out of the trust you will want...Read more »
Is there a way she or I can take out a loan on her home so she can stay? So we can pay her home health care workers come and have all her food and bills paid?She owns her home and she had given me her other home that I lived in for 15 years.My son has lived with her for 2 years and has been taking... Read more »
Many people use a reverse mortgage to take money out of the value of their house. It is basically a loan with the house as collateral and you never make payments. You keep living there and in the end, the bank gets their money back, plus a bunch of interest,...Read more »
Mom had original trust done in 2000 with assets being split 50/50 between sibling & myself. In 2016 I had falling out with sibling & in 2017 he took my mom to a lawyer to amend her trust giving him 100% & DPOA with unlimited powers. She was 95 at the time & had started with dementia a few years... Read more »
I don't see this as an employment law question. If you cannot afford to enlist private legal assistance, you may wish to investigate other resources that might include law enforcement if you suspect there is elder abuse being committed.
Having a POA does not stop the State from removing someone if they believe they are in danger. As I suggested before, you should immediately contact an elder law attorney who does guardianships as well.
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made on IRA's, etc. and she... Read more »
So how long would this process take if we assume the other heir won't say anything, no arguments from the other side? After i TRY to quiet title and ask to exclude this asset from the estate forever, using probate code 850.... oh wait, i forgot i dont only wish to quiet title inorder to correct the... Read more »
Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.
Show it to a local probate attorney. You are going to need to hire a probate attorney anyway to help you probate your mother's estate anyway. Your mother's things do not automatically vest in you; there are steps that need to be taken, and the sooner you take those steps the better.
If you have a power of attorney from her that allows you to make gifts, then you can do that. Please note, however, that gifting authority in powers of attorney is not common. Absent a power of attorney, one of you will need to petition the court to be appointed as conservator of her estate.
I have a court order to gain access, LAPD did not want me to enter because I would be in harms way although she was not violent she had barricaded the doors & windows, 3 officers pushed the door open 12", APS said I do not need to gain access she looks fine & does not want me in the house. I was... Read more »
My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can they... Read more »
In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is...Read more »
If a person's dementia has progressed to the point that she lacks legal capacity to contract, the contract is void and the attempt to profit from it is exploitation of an elderly person, a first degree felony in Texas. Contact APS.
I have an Aunt that is 83 years old that lives in NY. I live in Georgia. In 2013, when she was of sound mind, she had a NY attorney prepare a POA regarding all her finances, etc. and a Health Care Proxy. She signed and I signed.
Now she has been diagnosed with Alzheimer's. As such she... Read more »
The short answer is yes. A durable POA gives you power over her finances and the Health Care Proxy over her medical decisions. However, if her condition is not apparent to a vendor or health care provider and she is expressing resistance to your decisions, you may have problems. You may have to...Read more »
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