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Elder Law Questions & Answers
2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Gov & Administrative Law for Massachusetts on
Q: in MA an offer was placed on my property on 8/9/19 we are now well passed the 45 days agreed upon for closing.

Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... Read more »

Christopher Tolley
Christopher Tolley answered on Oct 15, 2019

I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the Seller's... Read more »

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1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks broke English... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: I am disabled per Social Security, own a home with my mother - tenants in common, and we want to sell it.

She has been in nursing home since April, on medicaid since May,

and plan to move back to CA after the house is sold. Will this cause any problems with medicaid?

Thomas B. Burton
Thomas B. Burton answered on Oct 14, 2019

If your Mother is currently receiving Medicaid benefits, you should examine the Medicaid application she submitted when she first qualified for Medicaid. The application should list the home in which she owns an interest as a tenant in common. If you and your Mother own it together and if your... Read more »

3 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Probate for California on
Q: I'm about to sign POAs with my daughter for both health care and asset management. I trust her. But if she dies...

I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?

Nina Whitehurst
Nina Whitehurst answered on Oct 11, 2019

There is no one single correct answer to your question. These are issues that an experienced estate planning attorney can help you sort through in the process of preparing customized powers of attorney.

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1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Florida on
Q: How do I answer summons in TN, when I'm in FL. Civil to force sale of my inheritance, gma's house. No notice of probate.

I'm supposed to appear in Hamilton County Civil court to defend against split of property by sale. Relatives lied to me, never had POA, spent Gma's money. I'm broke. My dad died 9 days before Gma. I got severely depressed, overwhelmed. Tried to get atty's to help, but over the last year 2 agreed,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

The ONLY way you can do anything to protect yourself is to go to the hearing and tell the judge everything you told us here.

1 Answer | Asked in Family Law and Elder Law for Arkansas on
Q: Can I be forced to be my father’s POA or guardian? I do not want to be
Marilyn  Johnson
Marilyn Johnson answered on Oct 8, 2019

Absolutely not.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: Question as to my liability as named as successor trustee and named in springing durable power of attorney in 2008

In 2008, I was named in my parent’s estate planning docs mentioned above. In 2018, my parents had already had my sister caring for them. After a couple of years, she brought in other parties, all meth addicts, like her, to help her.My parent’s savings was depleted. APS was brought in and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

No. You have no liability for events prior to you taking over.

1 Answer | Asked in Elder Law, Nursing Home Abuse, Estate Planning and Probate for California on
Q: How do I present an effective ex-parte order so the judge will realize the abused and let me stay with her at nigh shif

My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Contact your local Adult Protective Services office and also hire a different attorney.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Illinois on
Q: grandfather was part of the McDonnell Douglas asbestos settlement I believe my sister is receiving and cashing my funds?

Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 2, 2019

Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.

1 Answer | Asked in Elder Law and Probate for Pennsylvania on
Q: If I suspect a POA agent of abusing principal's finances, is it up to me to ask for a court's review of expenditures?

Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less than... Read more »

Michael Cherewka
Michael Cherewka answered on Oct 1, 2019

this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Can a nursing home kick out out if you have been making payments?

My father was placed into a nursing home because we could no longer care for him at home medically. He received a discharge letter from the current nursing home saying they were discharging him because of non payment even though they have been making payments since he arrived there. They currently... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Sep 27, 2019

You have the right to challenge the discharge by filing an appeal with the Ohio Department of Health. It sounds like they have no proper grounds to discharge him. If you file the appeal within 10 days, then the nursing home must wait for the appeal to be decided before they do anything.... Read more »

2 Answers | Asked in Elder Law and Estate Planning for California on
Q: Have parent w/memory issues but won't go/talk to doctor for a diagnosis. How can we legally protect parent?

Parent can't remember where they are (at times) or how they got there. Incoherent conversation (mixes things up from the past & present or never happened). Threatens to leave and we won't be able to find them. Says ugly things to the family. Returns to familiar locations several times a week to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

If your parent did not previously sign a durable power of attorney and a medical power of attorney, then you are in the unfortunate situation in which you will need to go to court to have yourself appointed as your parent's conservator and guardian.

Don't do this to your own family (your...
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1 Answer | Asked in Elder Law for Ohio on
Q: Mom is 82 with early signs of dementia and wants to travel to Peru to see her sisters. Can I stop her from going?

I do not have POA or guardianship, but I have been handling the finances so to go on the trip I need to buy the ticket. Her safety is a concern. We live in Ohio.

Moshe Toron Esq
Moshe Toron Esq answered on Sep 24, 2019

In order to stop her, you would need to become her Guardian.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Elder Law for Florida on
Q: Is there an abandonment law on elderly couple married for over 40 years. One starting to have some major medical issues

I am trying to find out the Ohio laws if there is any abandonment laws on elderly. It is a very complicated story back in July we received a phone call from a hospital on in Ohio that they had my father n law there and stated that he has been and put off the hospital so much that they are not going... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Sep 24, 2019

You mentioned that the divorce was filed - was it filed in Ohio or Florida. It’s very important that he contact an attorney in whatever State the divorce was filed so he can obtain advise specific to his situation.

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1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: I was told if the state steps in to over see my elderly mother who has dementia they would take her home Is this true?

I live with my elderly mother who has dementia in her home. She is getting to the point where I can't care for her (no one has power of attorney) and I was wondering if I contact Adult Protective Services, would they help me get her help because she wont let me help her. And also someone told me... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 23, 2019

Not in Texas. You may want to help your mother enter a memory care or a skilled nursing facility, though if she is being neglected because you cannot care for her at home anymore (when would you sleep?), Adult Protective Services may step in. If she has a medical necessity for nursing home care,... Read more »

2 Answers | Asked in Civil Rights, Estate Planning, Elder Law and Probate for Michigan on
Q: My husbands dad passed away last year. His wife their step mom has the house. A niece came into the picture and took poa

They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,

Gary Kollin
Gary Kollin answered on Sep 20, 2019

No attorney can opine without reviewing the will

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1 Answer | Asked in Elder Law for California on
Q: How do I remove a conservator letting the telephone bill be unpaid resulting in it being turned off for 3 mos

2 of the 3 sisters are caretakers who have medical conservatorship but conservator has temporary financial conservatorship. Now the conservator wants to be made permanent.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 19, 2019

Probate Code 2650 allows the court to remove a non-performing conservator "continued failure to perform the duties"). Any friend of relative can petition the court for this.

Certainly if the conservator wants an "upgrade" to their status, anyone involved can appear at the court hearing...
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1 Answer | Asked in Elder Law for Florida on
Q: What should my wife be doing regarding an aunt that has no other relatives and who recently had a stroke?

My wife's aunt lives in Texas and we live in Florida. We are concerned for her care as we don't believe she has anyone designated as a surrogate or anyone having a POA

Jason E. Neufeld
Jason E. Neufeld answered on Sep 19, 2019

Your wife's aunt could certainly hire a Texas elder law attorney to draft a durable power of attorney to allow your wife to help as best she can from Florida (assuming aunt has capacity to understand what she is signing after the stroke). More likely is that a care advocate will need to be hired to... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Florida and Medicaid for Nursing Home:

My mom was just approved for Medicaid after being placed in a nursing home in Florida. At the time of application, my dad had well under his allowable $126,420 in assets. My parents home in MI was exempt in regards to the Medicaid application process. My dad wants to sell the MI home now. The... Read more »

Jason E. Neufeld
Jason E. Neufeld answered on Sep 19, 2019

Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the... Read more »

3 Answers | Asked in Real Estate Law, Probate, Elder Law and Estate Planning for California on
Q: Can my grandmas Fadituary buy my grandmas property

I have noticed my grandmas fadituary now bought my grandmas property. Is this legal? this woman has almost killed my grandma destroyed her life now this!

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2019

more info needed.

consult with a real estate lawyer asap.

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