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Elder Law Questions & Answers
1 Answer | Asked in Family Law and Elder Law for California on
Q: Seeking conservatorship of dad, who's unable to communicate. He suffered a major stroke in March 2018. Veteran of USMC.

Had been in a Skilled Nursing Facility since the injury. But currently in Kindred Hospital Ontario. Waitng to be transferred back to Inland Valley Care in Pomona. Hopong to get him transferred to Lancaster, to be closer to home. He's receiving Military pension, VA Disability and Social Security... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 18, 2020

Conservatorships come in two types: the person and the estate.

Conservatorship of the person allows you to make medical and personal decisions. Conservatorship of the estate allows you to handle his finances. Both take a few months to get (add an extra couple months due to the Corona...
Read more »

2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 17, 2020

Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.

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1 Answer | Asked in Elder Law, Environmental and Personal Injury on
Q: help, I am a senior citizen who uncovered a water leak then discovered this whole mobile home has toxic mold everywhere
Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

Handle the water leak as a plumbing problem and give that immediate attention. Then contact an attorney to discuss the mold issues. As long as water continues to enter, that will only compound the health issues created by this situation. Good luck

Tim Akpinar

1 Answer | Asked in Elder Law for Ohio on
Q: I own my home, I filed a paper of transfer the ownership to my husband upon my death.

I worked n a nursing home 26 years, no thank you. It looks like hospice for me, we have wills and living wills. He has Tricare for life and so do I. He is my sponsor, I have no children and my two sisters have their own issues and are well off. What else do I have to do to keep me at home. I have... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Mar 16, 2020

If your deed is a "joint with right of survival" deed with your husband, h the ownership will transfer to him upon your death. If you have to go into a nursing home, on Medicaid, your home would be a "protected asset" so long as your husband continued to live there. Whoever is named as an agent on... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: If a temporary guardian settled and collected monies outside of court. Does that money go to the new guardian?

After I became a guardian. I found out the temporary guardian settled outside of court with the boarding home that was neglecting my father. I was never inform and this info was hidden from me. I found all this out on my own. My father is now deceased. Shouldn't that money have gone to the new... Read more »

Isaac Shutt
Isaac Shutt answered on Mar 13, 2020

You should definitely have a probate/guardianship lawyer file on your behalf. The temporary guardian should have turned the money over and should have accounted for how every dime was used.

1 Answer | Asked in Elder Law for Virginia on
Q: My spouse is a Ward if the State and went into a nursing home yesterday. What rights do I have to his income for support

My spouse recently became a Ward of the state. He has a public guardian & conservator. How do I get protection under the spousal impoverishment laws? I depend on his income. He receives retirement from the railroad of $3400 per month. He went to a Nursing Home yesterday. His care will run $6000.00... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Mar 12, 2020

Your question is remarkably complex. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find... Read more »

1 Answer | Asked in Communications Law and Elder Law for California on
Q: Had a good friend of over 20 years suddenly passed before we could discuss everything that needed to be done legally.

Was the contact and his emergency contact for him when in hospital. He was hospitalized since September 2019 & found out he had lung cancer as well as other GI problems. Went home on his birthday January 31st. He was getting stronger but I got sick and was unable to see him. Then I got busy with... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 11, 2020

No.

I am sorry but last wishes must be in writing, ether handwritten and signed or typed and witnessed.

Any assets that he left behind belong to his creditors and his family (even if they cannot be found). Eventually some asset search company will find this abandoned money and look...
Read more »

1 Answer | Asked in Elder Law and Landlord - Tenant for New York on
Q: I lost my place of residence as well as all my possessions in a fire. I was renting from my employer.

Am I entitled to any compensation ? I cannot work at this time.

Tim Akpinar
Tim Akpinar answered on Mar 11, 2020

I'm sorry for your difficult situation. A landlord-tenant attorney could advise best here, but your post remains open for three weeks. At this point, you have probably already explored whether there was an insurance policy in effect to cover for the fire loss. If not, that is something to do... Read more »

1 Answer | Asked in Estate Planning and Elder Law for California on
Q: Is there anyone that can help me with a conservatorship with little or no money for retainer?

My husband is suffering from cognitive decline and has lost almost everything. His employees and ex business partner have stolen so much from us.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 10, 2020

It depends on what you need. The Legal Aid Society and other agencies have free conservatorship clinics (I volunteer at the San Diego one); Google around. They normally only will do conservatorship of the Person, which gives you the right to run that person's life and medical decisions.... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Elder Law for Florida on
Q: Can you get a retrail if you have a mental disabilty or blea
Henry George Ferro
Henry George Ferro answered on Mar 9, 2020

You are not providing sufficient information to give you an honest answer...

1 Answer | Asked in Elder Law for Ohio on
Q: Mom didTOD &add my name ONLY 2keepDIL from her home incase bro dies (ill). I’m2split sale of home wHim&will

Bro mad&forced mom2add him.mom upset.As her POA should i chg it back to mom orig intent since mom fearful 2upset bro? Thx (OHIO)

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 6, 2020

Be very careful as a power of attorney in putting assets in your name or naming yourself as a future beneficiary of assets. The law in Ohio is that if you do that as a power of attorney then the transfer is presumed to be the result of undue influence, and you must then overcome that presumption.

1 Answer | Asked in Elder Law for California on
Q: My brother in law is taking financial advantage of my elderly mother in law. How can I protect her financial security?

She lives in a memory care senior community. My brother in law has power of attorney and I believe conservatorship. I am very close to her. I support and take care of her in many ways since my husband passed away. I recently learned that my brother in las has been taking out a substantial amount... Read more »

James Edward Berge
James Edward Berge answered on Mar 6, 2020

Without being the conservator of her person and estate, there’s not much you can do except be supportive of her. The conservator has control of her money and is accountable to the court for the use of her money. If he is using her money inappropriately, the court will demand that he pay the... Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Elder Law for Ohio on
Q: Mom has Alzheimer's. I had to become authorized user on her credit card to access her account. I pay it each month.

The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?

Timothy Denison
Timothy Denison answered on Mar 5, 2020

Probably, yes.

1 Answer | Asked in Arbitration / Mediation Law, Elder Law and Probate for New York on
Q: My mother lives in Florida, my brother in Virginia and I live in NY. When mom lived in NY I was herPOA and co executor

Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 4, 2020

Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.

Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the money...
Read more »

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Does Medicaid have interest or look back in the people in your household.

My older brother early 50's receive Medicaid do to stroke, aneurysm etc. I turned in his renewal forms. I'm his unofficial caregiver so i get Medicaid also. What I'd like to know is would Medicaid look back through my back account too? I have a savings not much but a few k I inherited and a... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Mar 3, 2020

Everyone who receives Medicaid will have their finances renewed annually. With the exception of spouses, each individual is reviewed individually, so your finances would not be considered in a review of your brother’s.

1 Answer | Asked in Elder Law and Banking for California on
Q: My mom died in 2018 and my dad been having problems ever since well let me start some lady put a name change on his home

And his money market fund this lady I think she work for well Fargo bank the same bank my dad has

Sally Bergman
Sally Bergman answered on Mar 2, 2020

If you suspect this woman is unduly influencing your father and/or is taking advantage of him financially, you should immediately contact Adult Protective Services. More information here: https://www.cityofmontclair.org/city-government/police-department/victim-information/elder-abuse

1 Answer | Asked in Elder Law and Personal Injury for Georgia on
Q: Are you the type of lawyer that handles in home health care senior abuse neglect and exploitation
Tim Akpinar
Tim Akpinar answered on Mar 2, 2020

Your question suggests that you're under the belief you reached a law firm. This is not a law firm; it's a forum where lawyers answer questions. If you're seeking a lawyer, you could go to the lawyer listings on this site, or you could search through your own independent efforts. Good luck... Read more »

1 Answer | Asked in Estate Planning and Elder Law for South Carolina on
Q: Is it legal to gift/give 14k to my grandchildren and put in a CD and be the custodian, any paperwork required?

I want to lower my tax interest and still remain in control of monies. Can this be done by just putting CD in their SS#?

Nina Whitehurst
Nina Whitehurst answered on Mar 2, 2020

Take a look at opening 529 accounts for them for education purposes or a regular old Uniform Gift to Minors Act (UGMA) accounts at a bank or brokerage. More information here:

https://www.cumberlandlegacylaw.com/how-to-gift-money-to-children-using-utma-or-ugma-accounts

2 Answers | Asked in Bankruptcy and Elder Law for Ohio on
Q: My sister Is filing bankruptcy on a a mortgage she took out against my mothers home. Can the rest of here debts come out

if the sale of the house? The deed was once in my sisters name but my mother put it back into her name after she got the mortgage.There are many more details and we would like to know if my mother needs to hire an attorney to protect what she has left

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Absolutely! Your mother needs to hire an attorney immediately to protect her rights. Your mother and your sisters right appear to be adverse.

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1 Answer | Asked in Elder Law for North Carolina on
Q: Would NGGS 14-326.1 apply all children if one child had a joint checking account with the parent? Said child is 52.

Parent is on disability and Medicade/Medicare. Currently in recovery center in Calabash, NC. Dr. in SC stated he has dementia. Facility is planning on sending him home despite diagnosis. They suggested private home health care. I have not spoke to my father sine 2016 for about 30 minutes. Before... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 26, 2020

Yes, it would likely apply but only to the extent that yourself and your immediate family are provided for. In other words you are likely only gonna be responsible for 'pops' to the tune of what ever is leftover each month after you have handled your personal and family obligations. If you live... Read more »

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