Elder Law Questions & Answers

Q: Hi I want to go back home country after overstaying how ?

1 Answer | Asked in Elder Law, Copyright and Immigration Law for California on
Answered on Apr 19, 2018
Carl Shusterman's answer
There will no problem in you leaving the United States, but since you are returning to the country from which you claimed you would be persecuted, it is unlikely that you will ever be permitted to return to the US.
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Q: Regarding Ohio SNF ResidentTrust Fund/Personal Needs Account.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Answered on Apr 19, 2018
Moshe Toron Esq's answer
Perhaps there is an unpaid funeral bill to be paid.

See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA account funds shall be used to pay the funeral and/or burial expenses."

The family could also file for Release from Administration, which may not be as expensive.
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Q: hello, my mom died, and I would like to know who inherits, in the case of not having a will. Thank you. She was from AL

1 Answer | Asked in Family Law and Elder Law for Alabama on
Answered on Apr 16, 2018
Jack T. Carney's answer
I am sorry about your family's loss. Alabama directs where assets pass in the event someone dies without a Will. The assets pass to an individual's next-of-kin under Alabama law. The next-of-kin depends on the particular facts of the family:

-Passes to spouse and children first

-If no spouse and children, to parents

-If no parents, then to siblings

-If siblings are deceased, their share passes to their children

I hope this helps.
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Q: I have a couple of questions in one.

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for California on
Answered on Apr 14, 2018
Dale S. Gribow's answer
need more info

i don't do family law and that is the type of lawyer you appear to need.

have you tried legal aid? this isinfo i had in my computer

Desert Legal Aid

777 E. Tahquitz Cyn Way, Suite 10012

PO Box 5563

Palm Springs Ca 92263-5563

318-2801

Michael Eicksteadt Found, Exec Dir

Inland co legal services 760 342 1591

Kimberly Lynch Public Service Law Corporation

Riverside Co Bar Assoc's Legal Aid...
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Q: Father with dementia being moved to LTC facility. Wife won't put him in quality care to save 'her' money. Legal options?

1 Answer | Asked in Elder Law for Florida on
Answered on Apr 14, 2018
Terrence H Thorgaard's answer
Apply to be appointed his guardian. As guardian you would be able to make the decision.
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Q: how long can an attorney substitute for a retired court appointed attorney of incapacitated person?

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Answered on Apr 13, 2018
H. Scott Aalsberg Esq.'s answer
Maybe, but more information would be needed to properly answer your question. I suggest you setup a consultation with a lawyer it may cost you a few bucks for the consult, but at least you will get the information you need.
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Q: Do you have to be 65 to get Medicare?

1 Answer | Asked in Elder Law for Florida on
Answered on Apr 13, 2018
Terrence H Thorgaard's answer
"... People younger than age 65

with certain disabilities, or permanent kidney failure, or

amyotrophic lateral sclerosis (Lou Gehrig’s disease), can

also qualify for Medicare. ..."

https://www.ssa.gov/benefits/medicare/
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Q: Could I have the right to appeal if hours of support we're not enough?

1 Answer | Asked in Personal Injury and Elder Law for Texas on
Answered on Apr 13, 2018
Terry Lynn Garrett's answer
I am very sorry that home health care is so limited. Because it is, people like your mother who cannot pay privately for care 24/7 wind up in a nursing home, usually qualifying financially for Medicaid within six months. Talk with her physician about both the severity of her dementia and whether he thinks she is able to perform all six of the "activities of daily living" without "substantial assistance."
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Q: Mom is in temp rehab. My sister says if i want hot water i need to pay for it. Why she has poa over mom the house etc

1 Answer | Asked in Family Law and Elder Law for Texas on
Answered on Apr 12, 2018
Terry Lynn Garrett's answer
Whether your sister has the right to require you to pay utilities depends on when the DPOA takes effect and what it says. You might do well to get a written lease and apply to your city for low income heat and and power assistance (LIHEAP).
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Q: Both my parents have been on Nursing home medicaid for 8 months and still own a home. What will happen if they sell it.

1 Answer | Asked in Elder Law for Texas on
Answered on Apr 10, 2018
Terry Lynn Garrett's answer
In Texas the home is exempt as long as one states that one has an intent to return. Not so the proceeds from selling it. It is also hard to claim an intent to return to a home one has never lived in. Whether your parents contemplate the "half a loaf" approach you suggest or a lease which would require the tenant to pay all expenses (families usually wind up paying the property tax), they should consult with an elder lawyer to make sure that it is done right. For one in your area, trying...
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Q: If a 59 year old brother resides in his 67 year old sister's home and pays rent, is he legally bound to care for her?

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Answered on Apr 7, 2018
Mr. William Ray Glasgow's answer
Unless they have some sort of contract, he can do what he wants when he wants. If he is "legally bound" as you say by that contract, it needs to be examined by an attorney. Elder abuse is not tolerated in Tennessee and your brother should not be taken advantage of due to his Parkinson's.
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Q: My Aunt recently passed, no will. She was single, no children. How would her estate be separated?

1 Answer | Asked in Estate Planning and Elder Law for Virginia on
Answered on Apr 6, 2018
Steve Miyares' answer
Under section 64.2-200 of the code of Virginia, her estate would pass to her surving parents. If there are sosurving parents, then her estate would be divided among her siblings and their descendants. You shouldconsult with an estate planning attorney for a more detailed analysis of your particular situation
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Q: I have a friend who is 66 and is a danger to herself and others. Is there anything I can do?

1 Answer | Asked in Elder Law for Texas on
Answered on Apr 6, 2018
Terry Lynn Garrett's answer
People cannot be involuntarily committed unless they are an imminent danger to themselves or others. You may call the Travis County Mental Health Police in Central Texas or a similar group elsewhere but by the time they arrive, will the danger be imminent?

Has your friend been charged with assault with a deadly weapon or something similar?

Has she evidenced self-neglect which might bring Adult Protective Services into the picture?

Is her alcoholism advanced to the...
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Q: Can I leave my assets to my [non-existing] grandchildren, i.e. in perpetuity either through trust and/or will?

2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Answered on Apr 5, 2018
H. Scott Aalsberg Esq.'s answer
That would depend on how you are doing the transfer. I suggest you call one of us lawyers and setup an in office consultation. If you are looking to do this yourself expect to pay for the advise, if you wish the lawyer to draft any documents for you, some of us offer a free consultation.
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Q: How do i file a motion for due process concerning a family matter in court that has been ongoing since the fall?

1 Answer | Asked in Family Law and Elder Law for Georgia on
Answered on Apr 5, 2018
P. Justin Thrailkill's answer
Schedule an appointment with a local attorney to discuss your case. You would need to file to remove the conservator and appoint yourself or the county conservator.
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Q: Parent received a large bill from the Rehab/nursing home she was in for a few months. Medicare paid their portion.

1 Answer | Asked in Elder Law for Massachusetts on
Answered on Apr 5, 2018
Lillian J. LaRosa's answer
Are you power of attorney for mother? Is mother competent at this point? If you are power of attorney for her you can try to negotiate with the rehab or you can set up a payment plan. Heep your records for the MassHealth Medicaid application.
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Q: Inheritance, on Medi-cal in California.

1 Answer | Asked in Elder Law for California on
Answered on Apr 5, 2018
Sally Bergman's answer
It would depend upon your age, exactly what type of benefits you are receiving and how much money your friend left you. It is a large amount, you can often set up a supplemental needs trust to protect your benefits. Some times, you simply need to appropriately spend down the money before the end of the month you receive the funds. You should consult with an elder law attorney near where you live. Your question shows you are from New Mexico, but I'm assuming that is a mistake as you must be...
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Q: What can we do to retrieve belongings stored at a relative's home who now refuses our visits?

1 Answer | Asked in Criminal Law, Family Law, Elder Law, Landlord - Tenant and Small Claims for Texas on
Answered on Apr 5, 2018
Kiele Linroth Pace's answer
If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.

Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is appropriate. If the value of the property is mostly sentimental then perhaps visit the JP court precinct for the street address where it is stored and inquire about small claims lawsuits.
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Q: I believe close relatives are taking advantage of my fathers diminished mental capacity as it relates

1 Answer | Asked in Estate Planning, Elder Law and Probate for Connecticut on
Answered on Apr 3, 2018
Steven Basche's answer
You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.
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Q: Is it legal for heirs to put pressure on paid caregivers to not spend much money to increase their inheritance? Thx!

1 Answer | Asked in Elder Law for Oregon on
Answered on Apr 3, 2018
Joanne Reisman's answer
If mom's house is sold the money won't got to anyone and instead will go to pay for her care in a nursing home. Whether there will be any money left over for an inheritance is unknown. If there is a conservatorship set up by the court, then the Attorney who set up the conservatorship usually represents the conservator. There might be another Attorney that represents the protected person.

It might have been the mother's wish to stay in her home as long as possible. But it costs...
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