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Elder Law Questions & Answers
Q: Caregiver for senior with dementia and diabetes suspected of abuse/neglect. Who to report to?
Lillian J. LaRosa's answer
This sounds like neglect and you should contact the Elder services office again to report that you have this information.
This sounds like neglect and you should contact the Elder services office again to report that you have this information.
Q: What should happen when the settlor of a trust dies?
1 Answer
| Asked
in
Estate Planning, Elder Law and Probate
for
Louisiana
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Christie Tournet's answer
The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or class of beneficiaries. The fact that one of the settlors passed, should not change that over-riding concern too much. But, if you are talking about a revocable living trust and a settlor was also a...
The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or class of beneficiaries. The fact that one of the settlors passed, should not change that over-riding concern too much. But, if you are talking about a revocable living trust and a settlor was also a...
Q: Is there an office in PR that can help a senior citizen do a declaratorio de herederos for free or a discount price.
1 Answer
| Asked
in
Real Estate Law, Elder Law and Land Use & Zoning
for
Puerto Rico
on
Answered on Aug 10, 2018
Answered on Aug 10, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.
Good evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.
Q: The price for setting up estate planning and medicare and medicade for nursing home care.
Matthew Williams' answer
Depends heavily on the complexity of the estate. If the individual is simply poor and already medicare and Medicaid eligible, there's not much to plan. If it is a disabled person whose family has set up a substantial trust (or wants to), it is significantly more complex.
Depends heavily on the complexity of the estate. If the individual is simply poor and already medicare and Medicaid eligible, there's not much to plan. If it is a disabled person whose family has set up a substantial trust (or wants to), it is significantly more complex.
Q: My grandma has dementia but refuses to sign over power of attorney to me, her son. Can I petition a court to grant me
Stefan Dunkelgrun's answer
Yes, you absolutely can petition the court. It would be a guardianship hearing, and you will be required to prove that she is not capable of making her own decisions.
Keep in mind that the legal standard for capacity varies from state to state, and can be quite difficult to prove. The mere fact that she has dementia is not sufficient, you need to prove that she does not have sufficient understanding to make her own decisions.
Yes, you absolutely can petition the court. It would be a guardianship hearing, and you will be required to prove that she is not capable of making her own decisions.
Keep in mind that the legal standard for capacity varies from state to state, and can be quite difficult to prove. The mere fact that she has dementia is not sufficient, you need to prove that she does not have sufficient understanding to make her own decisions.
Q: My niece has POA for my grandmother. For some reason she has stopped paying my grandmothers mortgage payments. The house
1 Answer
| Asked
in
Estate Planning, Family Law, Foreclosure and Elder Law
for
California
on
Answered on Aug 7, 2018
Answered on Aug 7, 2018
Genene N. Dunn's answer
Yes, your niece can absolutely get in trouble for not paying the mortgage, but she may not be the only person responsible. It depends on who is on title, who is on the mortgage, what the trust says, etc. If your grandmother has capacity, she can probably sign some documents that will help remedy the situation. If she does not, then someone may have to go through conservatorship proceedings to take over your grandmother's affairs or potentially file a petition for the trust depending on...
Yes, your niece can absolutely get in trouble for not paying the mortgage, but she may not be the only person responsible. It depends on who is on title, who is on the mortgage, what the trust says, etc. If your grandmother has capacity, she can probably sign some documents that will help remedy the situation. If she does not, then someone may have to go through conservatorship proceedings to take over your grandmother's affairs or potentially file a petition for the trust depending on...
Q: Woman that caused elder abuse was not charged with any crime. Solid proof was given.
Brent T. Geers' answer
It sounds like there is no case to re-open. Prosecutors charge crimes, and it is up to them whether they will do so. Having been involved with similar cases, I can tell you that from a prosecutor's perspective, they can be more difficult to prosecutor than meets the eye. What you may find to be solid proof may either ultimately be inadmissible under the Rules of Evidence or disputable. Prosecutors take all that into consideration, along with whether charges (and a conviction) will serve the...
It sounds like there is no case to re-open. Prosecutors charge crimes, and it is up to them whether they will do so. Having been involved with similar cases, I can tell you that from a prosecutor's perspective, they can be more difficult to prosecutor than meets the eye. What you may find to be solid proof may either ultimately be inadmissible under the Rules of Evidence or disputable. Prosecutors take all that into consideration, along with whether charges (and a conviction) will serve the...
Q: Does Medicare provide any coverage for dependents?
Thomas B. Burton's answer
Generally, there are usually no provisions for dependents under Medicare.
I found that there are three exceptions to the general rule, listed below:
Below are three situations in which dependent children could be eligible for Medicare:
If you have end-stage renal disease (ESRD) and need regular dialysis treatments or a kidney transplant, and are currently receiving Social Security or Railroad Retirement Board benefits, your spouse and dependent children may qualify for...
Generally, there are usually no provisions for dependents under Medicare.
I found that there are three exceptions to the general rule, listed below:
Below are three situations in which dependent children could be eligible for Medicare:
If you have end-stage renal disease (ESRD) and need regular dialysis treatments or a kidney transplant, and are currently receiving Social Security or Railroad Retirement Board benefits, your spouse and dependent children may qualify for...
Q: Can people of any income level qualify for Medicare?
Reece B. Morrel Jr's answer
Typically, income is not considered in determining eligibility.
The usual age of eligibility is 65 years old. However, Medicare is available to those that have been eligible for Social Security disability benefits for at least 24 months or who have end-stage renal disease.
Hope this helps!
Typically, income is not considered in determining eligibility.
The usual age of eligibility is 65 years old. However, Medicare is available to those that have been eligible for Social Security disability benefits for at least 24 months or who have end-stage renal disease.
Hope this helps!
Q: My mother has alzheimer and is living at my sister's house. My sister and I had a major argument and she kicked me out
Terry Lynn Garrett's answer
On what grounds could your sister have you arrested? Would you be disturbing the peace or violating a no trespassing sign or a temporary restraining order?
You might want to report your sister to Adult Protective Services. She does not have the right to control your mother's visitors: your mother does.
On what grounds could your sister have you arrested? Would you be disturbing the peace or violating a no trespassing sign or a temporary restraining order?
You might want to report your sister to Adult Protective Services. She does not have the right to control your mother's visitors: your mother does.
Q: my mother died on 12/25/2017 and left her house to my sister since everyone else had their own home already-she did not
Terrence H Thorgaard's answer
No, I don't see a problem with your taking possession of the furniture. You might advise the personal representative of what you intend to do, in case the PR has a problem with your doing so.
No, I don't see a problem with your taking possession of the furniture. You might advise the personal representative of what you intend to do, in case the PR has a problem with your doing so.
Q: When is the Sherrif's Office responsible for pursuing theft from my late Mom's house from an in-law vs. the State Attorn
Ray Choudhry's answer
If you take something that belongs to you, that is not stealing.
Sounds like a civil dispute.
To bring it to a head, you need to open an estate for your mother and file a Citation to discover assets that may have been concealed, converted or embezzled.
If you take something that belongs to you, that is not stealing.
Sounds like a civil dispute.
To bring it to a head, you need to open an estate for your mother and file a Citation to discover assets that may have been concealed, converted or embezzled.
Q: Should I obtain a lawyer in Ca. or Idaho ?
1 Answer
| Asked
in
Family Law, Civil Litigation, Elder Law and White Collar Crime
for
Idaho
on
Answered on Jul 30, 2018
Answered on Jul 30, 2018
Mark R Petersen's answer
If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.
Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...
If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.
Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...
Q: What are the steps to get medical power of attorney on behalf of my father?
Jason E. Neufeld's answer
If your father is capable of signing (i.e. has the ability to understand what he's signing), then you/he would go to an elder law attorney to assist with drafting the durable power of attorney and health care surrogate / health care POA documents.
Happy to assist.
Best,
Jason Neufeld
https://www.elderneedslaw.com/blog/durable-power-of-attorney
If your father is capable of signing (i.e. has the ability to understand what he's signing), then you/he would go to an elder law attorney to assist with drafting the durable power of attorney and health care surrogate / health care POA documents.
Happy to assist.
Best,
Jason Neufeld
https://www.elderneedslaw.com/blog/durable-power-of-attorney
Q: My mom has Parkinson's and gave someone power of attorney! I need help to over ride. Please help me
Ryan K Hodges' answer
Overriding a power-of-attorney is not easy unless your mom agrees and revokes it. One of the few ways to force this is to petition the court to get guardianship for your mom. This is result is by no mean certain, but it is one of the few options in this situation.
Overriding a power-of-attorney is not easy unless your mom agrees and revokes it. One of the few ways to force this is to petition the court to get guardianship for your mom. This is result is by no mean certain, but it is one of the few options in this situation.
Q: WHAT TYPE LAWYER I NEED?HOW DO YOU DEFEND ME?
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Elder Law
for
California
on
Answered on Jul 22, 2018
Answered on Jul 22, 2018
Thomas A. Grossman's answer
Your best bet is to find a lawyer who specializes in elder law and elder abuse. I am sure you can find one near you. A good Probate lawyer also might be able to help. Check out the internet to find one of these. Good Luck.
Your best bet is to find a lawyer who specializes in elder law and elder abuse. I am sure you can find one near you. A good Probate lawyer also might be able to help. Check out the internet to find one of these. Good Luck.
Q: Would I inherit my husband's rental properties (purchased via 1031 exchange after we married) if he expires?
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Elder Law
for
Oregon
on
Answered on Jul 20, 2018
Answered on Jul 20, 2018
Michael P Vanderhoff's answer
Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out of your spouses Will, you do have a right to a spouse's elective share, which would give you a percentage of the estate (see ORS 114.600–114.725). However, it is highly recommended you and your spouse avoid the elective...
Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out of your spouses Will, you do have a right to a spouse's elective share, which would give you a percentage of the estate (see ORS 114.600–114.725). However, it is highly recommended you and your spouse avoid the elective...
Q: I purchased my mother's home after she was not able to make her payments. She is in nursing home and receives medicaid.
Terry Lynn Garrett's answer
If she sold the home for fair market value, selling the home should not disqualify her. If she sold it for less than fair market value within 60 months of entering the nursing home and applying for Medicaid, a penalty period will be imposed based on the amount of the "gift." During this period, she will not qualify. She may want to review her entire situation with a local elder lawyer. To find one, please use the Find a Lawyer function on the website of the National Academy of Elder Law...
If she sold the home for fair market value, selling the home should not disqualify her. If she sold it for less than fair market value within 60 months of entering the nursing home and applying for Medicaid, a penalty period will be imposed based on the amount of the "gift." During this period, she will not qualify. She may want to review her entire situation with a local elder lawyer. To find one, please use the Find a Lawyer function on the website of the National Academy of Elder Law...
Q: Does having an IRA impact Medicaid eligibility?
Reece B. Morrel Jr's answer
This one can get complicated very quickly. For example, is the IRA in payout status? If so, the answer is yes. Is the person married? If yes, part of the IRA may be allocated to the spouse. Also, what is the total value of the IRA account?
The thing to remember, is that Medicaid can look at income AND resources. So you may find yourself in a situation where you qualify under one test, but fail the other.
You should really contact a Medicaid Planner or Elder Law attorney for...
This one can get complicated very quickly. For example, is the IRA in payout status? If so, the answer is yes. Is the person married? If yes, part of the IRA may be allocated to the spouse. Also, what is the total value of the IRA account?
The thing to remember, is that Medicaid can look at income AND resources. So you may find yourself in a situation where you qualify under one test, but fail the other.
You should really contact a Medicaid Planner or Elder Law attorney for...
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