Elder Law Questions & Answers

Q: Hi, i,m not sure what the future holds for me. My mother and i purchased a condo in 2002. My cousins name was on deed

1 Answer | Asked in Real Estate Law and Elder Law for Maryland on
Answered on Feb 15, 2019
Richard Sternberg's answer
You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful now. A careful examination of title might help. Perhaps your interest in half the property has already matured, and perhaps a better strategy can be developed. It will not be free.

Q: Annuity

1 Answer | Asked in Elder Law for Massachusetts on
Answered on Feb 5, 2019
Lillian J. LaRosa's answer
The usual answer would be that it is too late to do so if she will be in need of nursing home care within 5 years These are MassHealth/Medicaid issues which have complexity and you should discuss the entire set of facts involved with an Elder law practitioner who specializes in that particular topic because Elder law is a broad area.

Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Answered on Feb 5, 2019
Leonard Robert Grefseng's answer
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...

Q: I have a court date soon regarding order of protection I filed against mygranddaughter. Can court appoint lawyer for me

1 Answer | Asked in Family Law and Elder Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Courts don't appoint family law attorneys in such cases. Some NY legal aid societies may be able to help you find a cost effective or pro bono lawyer in restraining order matters. You may consider hiring an attorney, and limited scope representation may be a good choice if you're on a budget. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: Can my mother's husband's adult kids take property that's in her name from her through POA?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for California on
Answered on Feb 3, 2019
Richard Samuel Price's answer
A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.

Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Elder Law for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current condition which supports continued benefits under the standard for disability. There are lawyers who handle insurance claims, and you can also contact the Maryland Insurance Commissioner to file a...

Q: California Trustee has stopped all gifting to relatives, despite long history of gifting before dementia. What to do?

1 Answer | Asked in Estate Planning and Elder Law for California on
Answered on Jan 29, 2019
Jeffrey Louis Gaffney's answer
The answer is in the Trust itself. The Trustee is obligated to follow the instructions of the Trust.

The Trustee may not have any choice about making the gifts. At the death of the Uncle, the Trust may have become irrevocable with instructions about the Aunt if she becomes a Special Needs person, with severe limits about what the Trustee can do with the money. The Trustee may just be worried there isn't enough money left to care for Auntie.

If the Aunt is still able to...

Q: How long is a prepared deed date good for when prepared, signed, witnessed and notary and not recorde Can it be five ye

1 Answer | Asked in Real Estate Law and Elder Law for Florida on
Answered on Jan 28, 2019
Richard Paul Zaretsky's answer
How long is not your issue. The way you want to do it, the deed will never been valid because what makes the deed valid is actual delivery to the grantee during your lifetime.

Estate planning is complicated. See an attorney to get it done correctly.

Q: hi my name is tanya i take care of an 88 year old women. her daughter pays all her bills. i suspect fraud with sister

3 Answers | Asked in Criminal Law and Elder Law for California on
Answered on Jan 27, 2019
Gerald Barry Dorfman's answer
You do not need a lawyer in order to report suspected elder abuse. For Alameda County, see the webpage at: https://www.alamedasocialservices.org/public/services/elders_and_disabled_adults/protective_services.cfm or else just call 510-577-3500

Q: How Do I exercise DPOA limit to a family member whom is trying to move in my mothers home w four children and self.?

1 Answer | Asked in Elder Law for Texas on
Answered on Jan 23, 2019
Terry Lynn Garrett's answer
Who lets her in? It is still your mother's house. If your mother lets her in the door, will it help to put a padlock and a no trespassing sign on the gate?

On the other hand, if the niece has harmed your mother while "living" there, get a temporary restraining order based on domestic violence.

Q: A car dealership sold my friends father with dementia who is not of a sound mind a $20,000 truck for $46,000

1 Answer | Asked in Elder Law for Alabama on
Answered on Jan 21, 2019
Jack T. Carney's answer
You can certainly consult with an attorney about various civil remedies, however, there are various new "elder abuse" statutes on the books in Alabama and some may apply to this situation. It is a crime to take advantage of an elderly, incapacitated individual. Your friend may want to file a report with her local police department or call the District Attorney for her county.

Q: who or what state agencies are responsible for Alzheimer's patient who has no living family members?

1 Answer | Asked in Elder Law for Florida on
Answered on Jan 18, 2019
Kelli Y Allen's answer
Usually someone will petition for guardianship. If there is no individual, then the state can assume guardianship. If there is a situation where someone is not being cared for, Adult Protective Services should be contacted and they can take the necessary action.

Q: Can an estranged adult child be charged with a crime for taking money from a non legally defined disabled parent.

1 Answer | Asked in Criminal Law and Elder Law for North Carolina on
Answered on Jan 18, 2019
Kelli Y Allen's answer
Probably not an actual crime. However, protections need to be put in place. Is there a durable power of attorney? An agent under a durable power of attorney would be able to offer some protection in this type of situation. This needs to be done before the dementia progresses.

Q: I am seeking to take guardianship of my elderly father from my brother-in-law.

1 Answer | Asked in Family Law and Elder Law for Arizona on
Answered on Jan 17, 2019
Ryan K Hodges' answer
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.

Q: ? my sister abuses my mother I watched her slap my mother four times yesterday on her birthday she 72 then I got involve

1 Answer | Asked in Elder Law for Alabama on
Answered on Jan 14, 2019
Jack T. Carney's answer
I am not sure if you have a specific question, but when there are incidents of physical, emotional or financial abuse of seniors (or any adult for that matter), there are resources for assistance. The first is law enforcement and if you witness physical abuse, you can call the police and file a report. The second is the Department of Human Resources for the State of Alabama- Adult Protective Services Division. For more information on this division see...


1 Answer | Asked in Estate Planning and Elder Law for Georgia on
Answered on Jan 13, 2019
Kelli Y Allen's answer
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.

Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.

Q: Can I just go to the nursing home and get my Brother

1 Answer | Asked in Elder Law for Montana on
Answered on Jan 13, 2019
Kelli Y Allen's answer
This depends on many circumstances. Is your Brother competent? If not, does he have a healthcare agent or guardian?

Q: I really don’t know what to do. I need some legal advice. My sister forced power of attorney from My dad.

1 Answer | Asked in Elder Law for Georgia on
Answered on Jan 13, 2019
Kelli Y Allen's answer
Since your Dad is still competent, he could execute a new power of attorney naming someone other than your sister as agent and revoke he POA giving her authority. If she is still trying to manipulate your dad, you should contact law enforcement of Adult Protective Services in the county where you Dad lives.

Q: Can my husband with Alzheimers sign a document with an X if he is with anotary. HE IS COMPETENT

1 Answer | Asked in Family Law and Elder Law for Illinois on
Answered on Jan 10, 2019
Richard Winblad's answer
Check in your jurisdiction. In Oklahoma a person who cannot sign a POA may instruct another to do so on his/her behalf if done with proper witnesses.

Q: Is the home protected against estate recovery if its homestead home

1 Answer | Asked in Elder Law on
Answered on Jan 10, 2019
Richard Winblad's answer
Visit with an Elder Law attorney in your state. There may be several avenues available to protect the homestead. Frankly there are too many variables to discuss without more details.

Is there a spouse?

Is this on tribal land?

Is there dependent or disabled children?

Was a person living there a caregiver relative?

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