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Your current state is Virginia
I am a senior citizen with significant balance issues and anxiety. During a recent traffic stop, I was pulled over for allegedly running a stop sign, which I believe I did not do. The officer asked me to walk a straight line on a gravel driveway, which was impossible for me due to my balance... View More 
answered on Jun 13, 2025
Make sure you are represented by a competent DUI attorney. You have described multiple issues with the investigation of your case that a well trained DUI attorney will be able to pinpoint and use to aid you in your case. If your bloodwork comes back as just the medications you described, and none... View More
I am concerned about the extent of authority my wife's son has over her decisions, as he has a power of attorney for her. Recently, he decided to place her in an assisted living facility without consulting me, her husband. I'm unsure about the specific terms of the power of attorney,... View More
answered on May 21, 2025
I am sorry for your struggles, the power of attorney will override the ability of the spouse (you) to make decisions in the State of Florida, you would have to petition the court for guardianship or you would have to get a power of attorney to override and replace the one that the son has in place... View More
I am a senior citizen with limited resources and have a court date on August 27, 2025, in domestic violence court. I need legal representation but did not know I was supposed to request an attorney at the last court date. I have never used legal aid, and I have not received any documentation or... View More
answered on May 21, 2025
You need to contact the legal services office for your county. It is Prairie State in northern IL, mostly, and Land of Lincoln in central and southern Illinois. Is your case for an order of protection or what? Domestic violence can mean many things.
I'm seeking legal guidance regarding my elderly parents' care and financial safety. My younger sister is attempting to take over their finances and put them in an elderly living facility, despite my parents being fully capable of making their own decisions. They are drafting Powers of... View More
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answered on May 16, 2025
You’re right to be concerned. What you’ve described may constitute elder abuse and financial exploitation under California law. The behavior—coercion, verbal and physical abuse, false accusations, and fraudulent changes to financial accounts—raises serious red flags.
You should... View More
I am a senior citizen concerned about the enforceability of a settlement deed, which explicitly states that it cannot be broken under any condition. However, I am interested in understanding if any changes in circumstances or legal grounds might apply to question its validity. Are there scenarios... View More
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answered on May 10, 2025
I do not know what a "settlement deed" is. Deeds take effective when executed and delivered. To set aside or reform a deed, you need clear evidence of fraud, lack of consideration, mutual mistake, violation of the rule against perpetuities, and the like. An action in Chancery is... View More
I need to remove the medical power of attorney from my elderly veteran family member's wife. The patient, who suffers from dementia, is currently in a nursing facility that can't provide needed memory care treatments, which are covered by the VA. The wife holds the power of attorney and... View More
answered on May 9, 2025
If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney. Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of... View More
I've been living in my parent's home for 22 years and provided unpaid care for my father, who had chronic COPD, cancer, and other health issues, for 13 years. I was added to two joint bank accounts with him to manage finances and paid property taxes, home insurance, and maintenance costs.... View More
answered on May 5, 2025
You must be careful not to mix or confuse your care for an aging parent with your rights to property under a will or trust. Carefully review your parent's last wishes, as reflected in the signed estate documents, and abide by the final wishes of your father under his codicil or other governing... View More
My sister, who lived in Sunnyvale, CA and has dementia, does not remember her lawyer who prepared her will. Unfortunately, her house burned down and all documents were lost. Her husband is unaware of the lawyer’s identity, and she has no friends who might have that information. My sister is... View More
answered on May 1, 2025
I'm sorry to hear about the situation. Did your sister own the home? If so, there is a good chance she created a living trust and funded the trust with the real estate and possibly other assets. This means that a trust transfer deed for the house would be recorded at the county... View More
I am seeking advice on filing a lawsuit in California for Intentional Infliction of Emotional Distress and Elder Abuse. The wrongful acts have been ongoing for over 15 years and have worsened. As a 77-year-old plaintiff, I have suffered extreme emotional distress due to this conduct and can... View More
answered on Apr 21, 2025
To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More
An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More
answered on Mar 20, 2025
There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).
Secondly, if she abused his funds, she could be guilty of a felony... View More
I'm seeking a lawyer to create a power of attorney for my 91-year-old mom to ensure decisions regarding her healthcare and financial matters are covered. She is currently capable of making her own decisions. Could a lawyer assist with the process and advise on any specific conditions or... View More
answered on Mar 19, 2025
Make an appointment with a lawyer who drafts estate planning documents in your jurisdiction. Your mother (and you, really) needs four documents at least: (1) a last will and testament; (2) a durable statutory-compliant financial power of attorney (POA); (3) a healthcare POA; and (4) an Advance... View More
I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20... View More
answered on Mar 6, 2025
You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.... View More
I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are... View More
answered on Mar 5, 2025
Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances.... View More
The admininstrator was supposed to deposit the settlement check and distribut to be money to beneficiaries. He kept the money. When confronted he became extremely hostile and stated he will never turn over a dime. The law firm that handled the POA said they can't help. Who do I call?
answered on Jan 25, 2025
I'm so very sorry to hear about this situation - it's terrible when these types of disputes occur.
There are at least four things you can do.
1. If the beneficiaries are adults, you may be able to get help from Adult Protection Services. If the beneficiaries are... View More
She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.
Question, do we have a case?
answered on Jan 24, 2025
In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.
Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her... View More
I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption... View More
answered on Jan 24, 2025
If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.
You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse,... View More
My sister is disabled due to a stroke in 2019 - after which she was in a California skilled nursing facility up until the end of September 2024 when she relocated to Florida. She was covered through Medi-Cal while residing in California. She's not eligible for SSDI - didn't earn enough.... View More
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answered on Jan 24, 2025
Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:
Exempting the land: If the land is essential... View More
Having some spinal issues and doing this on a microphone. My relationship with my two sisters as trustees is deteriorating in the prognosis is not good and the forecast is cloudy. So I have several issues. They have a lot of money. They really do not want to be bothered with this. This is a... View More
answered on Jan 6, 2025
You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as... View More
She lives in Texas and I am in North Carolina. She is not married. What do I need to do to be able to get be able to make medical decisions as well as handle her assests and Financials? I have VERY limited money and worried there are people in Texas who are cleaning out her house and someone has... View More
answered on Dec 26, 2024
Because she is not able to give you her power of attorney, you will need to file an application to be appointed as the guardian of her person and of her estate until she recovers. Such a proceeding can be filed in the court with probate jurisdiction in the county where she resides. You should... View More
My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More
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answered on Dec 19, 2024
You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More
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