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Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Rhode Island on
Q: My husband is trustee/executor of his dad's trust. He has two siblings, each of them entitled to 1/3 of the trust.

One of the siblings (through his attorney) has not signed a release (sent to him more than four months ago) to get what's left of his inheritance after expenses. Trustee is considering petitioning the court (under Title 18-6-2 of RI law) for trustee/executor to be freed from liability for his... Read more »

Neville Bedford
Neville Bedford answered on Dec 12, 2019

It is very kind of you to want to help. Your husband should be able to figure all of this out with help from their attorney. If they do not have an attorney assisting them, now would be a great time for them to retain one. It sounds like this simple trust / estate is becoming more complicated. Your... Read more »

1 Answer | Asked in Elder Law and Public Benefits for Oregon on
Q: Funding of trips to take care of elderly aunt

My wife and I recently relocated from Portland to Palm Springs. For the past 4 years my wife has acted as the Power of Attorney for her elderly aunt who has no kids and only a brother and sister who have been unable to care for her. My wife coordinated the placement of her in a care facility as she... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 10, 2019

It's possible that Medicaid will see paying for your travel as a valid expense as long as it benefited your aunt and was not just for a visit. You will also have to check your Power of Attorney to make sure it authorizes you to make this kind of purchase. You would likely benefit from an... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: Can a non relative who was denied conservatorship amend petition nominating a paid fiduciary for conservator?

my fathers friend (dated briefly years ago, never been married) filed for conservatorship and her petition was denied. She then amended the petition nominating a paid professional fiduciary to be the conservator. Is this legal? Can a person with no standing nominate someone for conservator??... Read more »

James Edward Berge
James Edward Berge answered on Dec 9, 2019

If your petition was denied, it could have been due to either of the following reasons: failure to prove the need for the conservatorship, or lack of adequate standing. A non-relative generally has no standing to request a conservatorship of another, especially if a relative wants to be the... Read more »

3 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 7, 2019

She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Florida on
Q: My brother and I were left an account from my mother who passed with Merrill lynch, my brother is not filling out the

paperwork for the trustee certification for Merrill lynch account so I can transfer my portion into my name. what is my recourse? If he continues to drag his feet, this will go onto 2020 and we will have to file taxes another year for this..

Seril L Grossfeld
Seril L Grossfeld answered on Dec 6, 2019

Some companies will split out your portion of the account and hold the rest for the other named beneficiary. People deal with grief in different capacities and this results in some people not wanting to deal with things like this as soon as their siblings are ready. Unfortunately, as a rule... Read more »

2 Answers | Asked in Estate Planning, Banking and Elder Law for Arizona on
Q: I have a General PoA for my elder dad, but bank requires a Durable poa. How can I get one if he's not cognizant?

He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are named... Read more »

Ryan K Hodges
Ryan K Hodges answered on Dec 2, 2019

If you dad is in Pennsylvania, then you should probably consult an attorney there regarding options. In Arizona, most attorneys draft all POAs as durable one, but the law may be different in PA.

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1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

1 Answer | Asked in Estate Planning and Elder Law on
Q: . I was told I have no authority as to the ownership of the policy or the beneficiary

Dothan al area

Nina Whitehurst
Nina Whitehurst answered on Dec 2, 2019

You have not asked a question or provided enough information for anyone to begin to answer what they might guess is your question. What kind of policy is this? Is it a life insurance policy? Auto liability policy? Homeowners policy? Health insurance policy? How are you related to the policy... Read more »

2 Answers | Asked in Elder Law and Estate Planning for Texas on
Q: What can I do? I already have an Advance Directive? The APS says Dad has diminished capacity. What to do?

Dad got lost while out driving and wound in a strange place. He wound up I'm a hospital, then into a short term facility and then went to a long term place and we are paying the bill for it.

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 29, 2019

In Texas a Durable [Financial] Power of Attorney is the document your father would have signed to name and grant an agent the power over his finances needed to access his bank account, sell his property and pay for his care. If your father did not sign that document while he had capacity to do so.... Read more »

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2 Answers | Asked in Elder Law for Texas on
Q: This is about the Texas Adult Protective Service and how it possibly oversteps it's authority. Involves an elderly Dad.

He is still ablebodied. Does some limited driving, washes laundry, dresses himself, etc. The APS has him in a long term facility to give him therapy. There is no abuse, neglect (unless it's self neglect), etc.

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 27, 2019

What is your question? Generally speaking, APS can offer services but not impose them. It certainly has no authority to force someone into a long-term care facility. At most, it can bring a referral to a court for a mental health commitment, something which happens maybe two or three times a... Read more »

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1 Answer | Asked in Elder Law for Massachusetts on
Q: If someone becomes the conservator for an elderly person and puts her in a nursing home, does the elderly person have

any rights?

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

If the Probate Court has determined that the individual needs a Conservator, then there should be a Medical Certificate indicating the need for same and there would have been a legal proceeding unless the disabled person consented to the appointment of a Conservator. A Guardian makes determinations... Read more »

1 Answer | Asked in Divorce and Elder Law for New York on
Q: I Live in NY and I am going through a divorce. I am totally handicapped and have no financial help from my spouse.

My lawyer states he cannot grasp the idea of my being handicapped because I am not in a wheelchair. He has not help me get any financial support thru the courts in one year. I am 66 years old. What can I do to be correctly represented as a handicapped person in my divorce?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 24, 2019

It sounds as if you need to consult another attorney to see what they say about the facts of your case and depending on those facts you may need to switch attorneys.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Arizona on
Q: I bought and am paying for a home but my aunt is on the title. What happens if she has to use ALTCS?

I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

Your question is missing important facts. Exactly how is the house titled? Tenants in common? If so, in what percentages? Or is the deed silent on that? Joint tenants with right of survivorship?

You do have a legitimate concern, plus other issues you may not have considered (such as...
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1 Answer | Asked in Real Estate Law and Elder Law for Florida on
Q: My mother rented an apartment back in April 2018. After January 2019 she started getting Dementia attacks.

About 2 months after she started with Alzheimer. For this reason she had to be taken to Emergency because she almost burned the apt. when trying to fry eggs.

She paid the 1st., last and security for the rental. Due to medical conditions she had to be admitted at a Nursing home for patients... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 20, 2019

I am sorry to hear about your mother's condition, however I do not think the same would waive applying the security deposit to the damage she caused due to her condition. Th landlord still had the loss to contend with.

In any event the landlord should have provided notice that s/he was...
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2 Answers | Asked in Elder Law and Consumer Law for Oregon on
Q: Elderly manipulation

My father has an elderly friend that we believe is being manipulated by foreigners for money in a promise for a relationship. He might have spent tens of thousands if not hundreds to help a female make it to America for a relationship. This female seems to have multiple medical or other problems... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 18, 2019

This is a common scam and is considered elder financial abuse, most likely. You may call local law enforcement or adult protective services to report your concerns. You can also alert your father's friend's bank to be on the lookout for suspicious, large transactions. If your father's friend is... Read more »

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1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Georgia on
Q: What legal safe guards do I have to challenge 1. an eviction order and 2. a protection order i believe my mother may mak

My mother and I recently moved into a new home together. Unfortunately, issues from the past have re-emerged and created a storm of conflict that has irrevocably damaged our relationship. Can she retaliate against me by ordering me to vacate the home and/or by filing an order of protection, even... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more details, it is difficult to provide you with an accurate answer. Generally speaking, protective orders are not granted unless there is evidence to support it. If you are a co-owner, you cannot be evicted, however if a TPO is granted, you obviously cannot remain in the home. For these... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for California on
Q: Additional questions to: What is the cost of a POA in CA? My sister resides in CA, had a stroke in July, in rehab in CA.

Thank you for your previous answers. Ms. Whitehurst, what other "eventualities" are you referring to? And, Mr. Gaffney, so, is it necessary and/or advised to obtain a physician's letter stating she has "the mental capacity to understand what she is signing"? We are also awaiting approval for SSI... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Nov 14, 2019

If a person has some impairment, then you are right to worry that someone may later claim that they did not have the capacity to sign the document. We usually work the other way around (getting a doctor to say someone is incompetent), but I like your defensive thinking in making sure that she has... Read more »

1 Answer | Asked in Elder Law for Minnesota on
Q: I just received a priority claim notice from county for my father claiming my mothers assets in her recent passing away.

My father was on Medicaid for several years. My mother had followed the Elder Attorney's advice on regarding one car, one house and minimum cash. Fast forward, my father had passed away almost 3 years ago and my mom just passed away less than one month ago. Mom had spent her last 3 years in a... Read more »

Joshua Damberg
Joshua Damberg answered on Nov 14, 2019

The answer to this should be pretty straightforward, despite the complexity of the applicable rules. The process you are referencing is called "Estate Recovery". The County brings forward a claim they have had for your father's receipt of Medical Assistance (Medicaid) benefits following your... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: Can power of attorney list themselves as beneficiary on life insurance policy? Is the law different depending on state?

The life insurance policy currently has no beneficiaries listed

Thomas B. Burton
Thomas B. Burton answered on Nov 12, 2019

If the power of attorney document authorizes the Agent to make changes to beneficiary designations, and if it does not prohibit the Agent from listing themselves as a beneficiary, then it is likely they can list themselves as a beneficiary on a life insurance policy. The context is important here... Read more »

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