Elder Law Questions & Answers by State

Elder Law Questions & Answers

Q: How do I get guardianship over an elderly person who is unable to talk?

2 Answers | Asked in Elder Law for Florida on
Answered on May 26, 2017

Being unable to talk doesn't necessarily mean unable to understand. If can understand, can utilize power of attorney - no need to go through guardianship. Hire an elder law attorney to walk you through the procedure.

If unable to understand, need a guardianship lawyer to handle the court proceedings.
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Q: My mom passed last month and my dad is now in an assisted living home. He needs money for his care, can we sell assets?

1 Answer | Asked in Elder Law and Estate Planning for Oregon on
Answered on May 24, 2017

You may need to have a conservator appointed by the court for your father if he is unable to handle his own financial affairs. If he has the capacity to make his own decisions, he could appoint an attorney in fact under a power of attorney to assist in handling his financial affairs. Depending on the value of his property, it usually is not a very good idea for him to give assets away at this stage of his life. He probably needs the money, so he should not be giving gifts to others. And yes,...
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Q: How to get AAL for adult guardianship case to investigate DPOA breach of fiduciary duty and joint bank account exploitat

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 22, 2017

If the proposed ward still has legal capacity, she can file a motion for a temporary restraining order (served that day) followed (in two weeks) by a hearing on an order to show cause why the current DPOA agent should not be removed and a permanent injunction ordering her not to use the DPOA. Someone who wants to revoke a DPOA must contact each and every place the DPOA might be used: third parties are entitled to rely on it until they have notice that it has been revoked. Send the notices by...
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Q: Q: Who can investigate exploitation of Mother's joint bank account quickly and accurately ? A private investigator ?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 22, 2017

If you suspect financial exploitation, contact the Harris County District Attorney's office. Harris County now has an assistant district attorney devoted to addressing elder fraud. You will want to provide information not in your question, such as what steps, if any, APS took; why you (and your mother) believe that the Physician's Certificate of Medical Examination is in error; and how you know that funds were illegally diverted.

You can also hire an Approved Guardianship Attorney...
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Q: How legal is it for one party to illegally remove an elderly person from a safe home with Power Of Attorney over them?

1 Answer | Asked in Family Law and Elder Law for Alabama on
Answered on May 16, 2017

Speaking generally, if a person holds a power of attorney over an individual, they owe that individual a duty of care to perform acts in that individual's best interest. When other people feel they are not fulfilling that duty there are several options for recourse:

1. If the individual is competent he or she could revoke the power of attorney and sign a new one to appoint a new agent.

2. An interested party can file a "protective proceeding" in the local probate court and ask...
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Q: Quit Claim Deed signed under duress without presence of Notary or witnesses. Is it binding in Florida?

2 Answers | Asked in Contracts, Elder Law and Real Estate Law for Florida on
Answered on May 14, 2017

You need to take your father to a real estate attorney for a Consult. The more time that passes the worse the situation will become.
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Q: What do I do with a father in law that has dementia his wife is in a coma from

3 Answers | Asked in Contracts, Estate Planning, Family Law and Elder Law for California on
Answered on May 12, 2017

More information is required to give you reasonable advice. Does your father-in-law have a caregiver? If not, you can contact your county's social workers and explain your father-in-law's problems to them and they may be able to take steps to help him.
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Q: Who is at fault?

1 Answer | Asked in Elder Law and Small Claims for New York on
Answered on May 11, 2017

That typically comes with the job. The caregiver shouldn't have had the phone in her pocket. What are the terms of the work agreement? 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10

1 Answer | Asked in Elder Law, Legal Malpractice, Medical Malpractice and Nursing Home Abuse for Michigan on
Answered on May 11, 2017

Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to your mother.
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Q: 73 year old landlord filed eviction for non payment of rent today. But can go after tenant for exploitation?

1 Answer | Asked in Landlord - Tenant, Criminal Law and Elder Law for Florida on
Answered on May 10, 2017

You question seems to be missing a few details but let me clarify and then answer.

If I understand correctly, you are the 73 year old landlord who has filed an eviction action against a tenant for non payment of rent. Then you are wondering if you can file a legal action against the tenant for exploitation?

Assuming the above restated facts are correct, I can only say that the answer on whether you can seek an action for exploitation will be a maybe. I strongly suggest that...
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Q: I need advice to help an abused teen

1 Answer | Asked in Adoption, Elder Law, Family Law and Juvenile Law for Ohio on
Answered on May 9, 2017

Nobody is going to take her to jail. What firsthand knowledge do you have of her abuse? Did you witness it? Can't you go to CPS with her to file the report? Have church, family, and school already tried that? Does she have siblings that also are abused or can go with her to CPS with you to support her statements? CPS has to take the lead. That is where a solution must start. Perhaps you could obtain temporary custody. Use the Find a Lawyer tab and talk to a local family law attorney.
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Q: What steps should I take if I suspect the legal guardian of my grandmother is abusing her?

3 Answers | Asked in Elder Law for Florida on
Answered on May 8, 2017

Contact the Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). the will be able to walk you through the process from their and will launch an investigation.
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Q: My mother refuses care from a medical doctor and instead is getting treated by a "healer"

1 Answer | Asked in Elder Law for Utah on
Answered on May 8, 2017

I am not sure what a "healer" is. If the "healer" is practicing medicine as defined by the Utah Medical Practice act and isn't licensed to do so, then you can report them. But if they are not claiming to be a licensed physician and are not operating on them or anything, then I am not sure you can do much unless you have a guardianship over her.

Relevant statute: https://le.utah.gov/xcode/Title58/Chapter67/C58-67_1800010118000101.pdf
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Q: Son wants to control my all my money is this elderly Financial abuse?

1 Answer | Asked in Elder Law for California on
Answered on May 6, 2017

It depends on whether there is a conservatorship or power of attorney in his favor. Further, what powers does he have? Consult with an elder law attorney. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: I've read maybe there's a long term care ombudsman maybe in New York?

1 Answer | Asked in Elder Law for New York on
Answered on May 5, 2017

I would think you file it with the department of Health
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Q: I need an attorney that would take my case on a contingency basis.It is a civil case lawsuit

1 Answer | Asked in Personal Injury, Elder Law and Estate Planning for Virginia on
Answered on May 5, 2017

Have you reported the theft to the police? Theft is a criminal matter.

It is unclear on what basis you wish to pursue a civil claim for monetary damages which would justify an attorney handling the matter on a contingency basis. You will probably need to hire someone on a lump sum or hourly rate.
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Q: Can AAL/GAL pay mother's debts, serve Rev. of POA, request docs., before a permanent guardian is ordered by Judge?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 4, 2017

An attorney ad litem or guardian ad litem does not have control of someone's finances but is appointed "ad litem," that is, "for the litigation." If there is no litigation, none will be appointed.

Your sister's refusal to accept that her authority under a power of attorney has been revoked can be met with an application for a Temporary Restraining Order (followed by an application for a Permanent Injunction.) In many counties you can do this without an attorney and get help applying...
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Q: Is my POA suspended when someone applies for adult guardianship? The Court has not yet appointed a permanent guardian.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Texas on
Answered on May 4, 2017

The POA is only suspended when a guardian is appointed. Without seeing the POA under which you act as agent, it is impossible to say what powers it gives you.
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Q: With A Reverse Mortgage, does the" home owner/ occupant " have the right to re-purchase or sell the home?

1 Answer | Asked in Elder Law and Real Estate Law for Rhode Island on
Answered on May 3, 2017

They should read that contract they signed to get the money.
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Q: Just curious if charges could be filed against my mothers fiduciary's?

1 Answer | Asked in Family Law and Elder Law for Oregon on
Answered on May 2, 2017

We have no clue what type of fiduciary capacity these people have. If they have been appointed by the court their actions are subject to review by the court and you will need to get an attorney to help you seek such a review. If they aren't court appointed I am afraid we can't guess how they came to be in charge, but odds are whatever you tell us the only thing we can tell you is consult with an attorney. This website is just for general knowledge and you will need a specific evaluation by...
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