Elder Law Questions & Answers

Q: How do i find out about inheritdeine if i was left any thinby my mother

1 Answer | Asked in Banking, Elder Law and Probate for California on
Answered on Dec 14, 2018
Richard Samuel Price's answer
You would look through her important documents to see if she had a will. Even if she didn't have a will, then you may still be entitled to an inheritance. You could check the county probate court to see if a probate action was initiated for her estate. Was she married when she passed? Did she own real estate when she passed? Bring your information to an attorney in your area for a full consultation.

Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Answered on Dec 13, 2018
Terry Lynn Garrett's answer
If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.

Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Elder Law for Florida on
Answered on Dec 12, 2018
Charles M. Baron's answer
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.

Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...

Q: What do I do if we need an advance care directive for my mother, but she has dementia?

2 Answers | Asked in Elder Law for Oklahoma on
Answered on Dec 11, 2018
Richard Winblad's answer
It depends upon the level of dementia. If she doesn't have sufficient competency to understand what she wants, the law has provisions for who makes the decisions.

63 OS Section 3102.4

When an adult patient or a person under eighteen (18) years of age who may consent to have services provided by health professionals under Section 2602 of Title 63 of the Oklahoma Statutes is persistently unconscious, incompetent or otherwise mentally or physically incapable of communicating,...

Q: Good Morning My father I see has been taken advantage by my brother and I'm in need of your advice.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for California on
Answered on Dec 10, 2018
Dale S. Gribow's answer
More information is needed to fully understand the facts and to give an accurate answer.

However, you are always best advised to retain a LOCAL lawyer. What city are you all in? In other words, you do not hire an LA lawyer for a case in Palm Springs or OC and visa versa...

This may be Elder Abuse but further info would be necessary....and it is not my area of law.

Is your dad competent to share the facts with a lawyer? Does he have any proof?

Q: My grandmother doesn't take good care of her dog. If I take the dog home with me one day, could she sue me?

1 Answer | Asked in Elder Law for Texas on
Answered on Dec 7, 2018
Terry Lynn Garrett's answer
In theory, yes. But could she recover? Are you preventing the dog from being taken away by the ASPCA?

Q: Should my mother gift her home to a family member prior to going to a nursing home?

1 Answer | Asked in Elder Law for Texas on
Answered on Dec 7, 2018
Terry Lynn Garrett's answer
NO! Medicaid has a five year look back period. Transfers for less than fair market value (which a gift always is) are presumed to be transfers in an attempt to qualify for Medicaid and will result in a penalty period during which Medicaid will not pay for your mother's care. The penalty period could be several months to several years, depending on the value of the home.

In Texas, as long as your mother checks a box on the Medicaid application saying that she has an intent to return...

Q: Can the sell of a property be rescinded if an ivalid P O A was used and the buyer is not a bona fide purchaser?

1 Answer | Asked in Elder Law and Probate for California on
Answered on Dec 6, 2018
Sally Bergman's answer
Very likely yes, you can rescind, but it will not necessarily be an easy or inexpensive process if your brother, broker and the purchaser do not agree with you. For certain, you need to retain the services of a trust and estates litigation attorney and the sooner you do that, the better.

Q: How can I rescind the sell of a property?

1 Answer | Asked in Civil Litigation, Contracts, Elder Law and Probate for California on
Answered on Dec 6, 2018
Bruce Adrian Last's answer
Dear Los Angeles:

If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property owner, holds the cause of action which her conservator would bring on her behalf. (Or, if there is no conservator, the court can appoint a guardian ad litem.)

You should consult with an attorney right...

Q: I want to update the beneficiaries of my revocable living trust. What form do I use? I am in the state of Florida.

1 Answer | Asked in Estate Planning and Elder Law on
Answered on Dec 5, 2018
Richard Winblad's answer
You should visit with a Florida attorney can advise you on how to appropriately amend your trust. This shouldn’t cost too much

Q: My,mom has land and has a buyer. She has been in the nursing home for 3 1/2 years on medicaid.. Can state take her money

1 Answer | Asked in Elder Law for North Carolina on
Answered on Dec 5, 2018
Richard Winblad's answer
Maybe. You should visit with a N.C. Attorney. You might be able to save the value.

Q: My dad died Monday and my sister says she doesn't know who the executor of the will is. How do we find out.

1 Answer | Asked in Elder Law for South Carolina on
Answered on Dec 5, 2018
Richard Winblad's answer
Read the Will. I don’t practice in your state. But states allow an interested person to file a probate and require the production of the will.

See an attorney in your state.

Q: When a relative has guardianship over an incapacitated elder US citizen. What is the jurisdiction regarding US assets

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Texas on
Answered on Dec 5, 2018
Terry Lynn Garrett's answer
If the assets are real property, the courts of the state where they are located have jurisdiction.

Q: What should I do if my kids are trying to put me in a nursing home but I refuse to go?

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Nov 30, 2018
Richard Winblad's answer
Sorry for your issues.

Unless you are deemed incompetent they probably cannot force you. You may want to explore other options including home health, Oklahoma ADvantage program (assistance provided at state cost to you), assisted living etc.

You should consult your physician for his or her evaluation of your health.

Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

1 Answer | Asked in Family Law and Elder Law for Indiana on
Answered on Nov 29, 2018
Alexander Florian Steciuch's answer
You cannot contest a will before the person has passed. Your mother could voluntarily change the appointment of the executor at any time and make the point moot. You also need to have standing to challenge the nominated executor, as well as having an actual legal issue to challenge the nominated executor, which usually requires wrongdoing on the executor's part.

Q: Can I force my older mother (with dementia) to choose someone for power of attorney?

1 Answer | Asked in Elder Law for California on
Answered on Nov 21, 2018
Sally Bergman's answer
You can never "force" anyone to choose a particular individual for a power of Attorney. The person who is choosing an agent for a power of attorney must freely, and while mentally capable, choose an individual they have complete faith and trust in to act in their best interests. This also means that if your mother's dementia has progressed to the stage where she no longer has mental capacity, she cannot create a power of attorney or any other legal document. In that event, unfortunately, a...

Q: My best friend has been placed in a nursing home permanently. How can I clean out her apartment for her?

1 Answer | Asked in Family Law and Elder Law for Pennsylvania on
Answered on Nov 21, 2018
Kathryn Hilbush's answer
When you say clean out, does that mean you intend to store her effects or get rid of them? Even though she doesn't have a will doesn't mean there will no be an estate raised. You might do best with staying out of this or, if your conscience won't allow that, then you could meet with an experienced trust and estates attorney to learn what you might be able to do. Since you haven't mentioned whether your friend is legally competent, I can't suggest that you have her sign paperwork permitting you...

Q: If my spouse is going into a nursing home, can he or she transfer all of his or her assets to me ...

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Nov 19, 2018
Richard Winblad's answer
Sorry for your issues.

There are many things that can be done to protect the assets. With good planning a couple can preserve most of their assets.

Q: What percentage of blood relatives(MD)get Guardianship/Dad over a step sister who has POA for 2 years and didn't tell us

1 Answer | Asked in Elder Law for Maryland on
Answered on Nov 17, 2018
Mark Oakley's answer
You need to re-ask this question under Florida law, which will apply to your father's situation. Florida has very aggressive guardianship and elder abuse laws (including financial exploitation) and you will need a Florida lawyer to advise you, as well as answer any questions. Your facts raise many questions, including whether your father was competent to sign any POAs at the time he signed them. Certainly family members can petition to be appointed guardian. Setting aside a deed transfer...

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