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Elder Law Questions & Answers
1 Answer | Asked in Elder Law and International Law for Texas on
Q: What practice area would apply to an international high dollar love scam regarding an USA elder man and foreign lady
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

This is elder exploitation, handled by some elder lawyers and investigated by the FBI.

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: In Alabama, what does the DR stand for in Case number DR2019-77
Jack T. Carney
Jack T. Carney answered on Jan 20, 2020

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 19, 2020

You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Iowa on
Q: my sister had moms will and life policies changed omitting me. Mom has dementia. Is this legal?

Mom accured dementia after my youngest brother passed. Thats when my sister had her name listed as executor and POA.

Erik Luthens
Erik Luthens answered on Jan 19, 2020

Until your mother actually dies, the terms of her will are of nobody’s business except hers. Whether the POA was properly obtained is a matter that needs to be evaluated by an Iowa attorney who practices in estate planning and/or civil litigation.

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I transfer my dads guardianship from california to texas. We have already moved and I have guardianship of him .

He lives with me and I am his caregiver

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You will need to hire an attorney who handles guardianships to assist you with this. It is going to require petitioning the Courts in both CA and Texas.

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2 Answers | Asked in Elder Law for Oklahoma on
Q: Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states

MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.

Richard Winblad
Richard Winblad answered on Jan 16, 2020

Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My mother is mentally disabled. She is 55yo and lives in PR in a 24/7 facility. I would like legal guardianship in FL.

What would be my steps?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Was she mentally disabled when she entered the facility? Under whose authority was she put in the facility? Contact that person. When you get her to Florida, you would file a petition here in Florida. But in general, until she gets to Florida, you would need to ask your question in Justia >... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: Need an elder law specialist in the Austin TX area that can answer: *How can a spouse assume control of all finances?

Situation: Both spouses are disabled, husband is a vet with dementia, wife is able bodied but has health issues as well.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

The wife can apply to become Community Administrator. Note that this gives her control of all the community property but not of her husband's separate property, if any. If he has not named her his agent under a Durable Power of Attorney, she will need to become his guardian to control any... Read more »

1 Answer | Asked in Elder Law and Health Care Law for New York on
Q: CDPAP, if PA's are independent contractors, why do FI's withhold taxes? CDPAPvs. Zucker,10/11/19, what was decided?

In the matter of CDPAPvs. Zucker,10/11/19

in layman's terms, what was decided?

Does this decision affect the status of the PA as an independent contractor vs. an employee?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 14, 2020

The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.

This had nothing to do with...
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1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Tennessee on
Q: What is the extent of Filial Law in Indiana?

My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: Do I have to show my sister's bank statements to her children? I am her guardian.

My niece is insisting I show her all my sister's financial records. She wants to know how I'm spending her mother's money.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

No, you are not obligated to show these statements to her children.

2 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: dad gave permission where bro & I reside to store Disable senior mom 3piece antique furniture stored in bro Rm.stolen

Inherited value $7000.Mom rechecked dad approval he loaned truck 4transport.saw it gone ask Dad-i was at wk not q&a gf,911 ins claim,not want addict gf only 1 hm in trouble.Not gone by itself @mom call 911incident report not owner

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 11, 2020

Not clr on ur qustn? Plz provd addtl info w/o exces abbrev. Thx.

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1 Answer | Asked in Family Law and Elder Law for Puerto Rico on
Q: Do I need a lawyer to file for legal guardianship of my elderly parents in Puerto Rico?

I reside in Puerto Rico with my parents, my father is 89 yo with advanced Alzheimer's and my mother is 81 and ambulates with the help of a walker.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2020

Hello and thank you for using Justia. In Puerto Rico we have tutorship and guardianahip . The major differences is that the first must be Court approved but the other can be done by a Notary Public if both parent's are mentally capable.

If you need additional information please feel free...
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2 Answers | Asked in Family Law and Elder Law for Illinois on
Q: dementia diagnosis and guardianship

My grandma is 89 she has symptoms of dementia to my knowledge she has not been formally diagnosed by her physician her physician will not speak to me because he does not have a release to do so anytime anyone tries to help my grandma with anything she gets irate and violent she does not have a... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Jan 8, 2020

I'm so sorry to hear of what's been going on.

You're right that this sounds like a guardianship issue. You should contact an estate or guardianship attorney in or near your town, as soon as you can, to get the process started.

I hope for the best for you all!

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1 Answer | Asked in Elder Law for Virginia on
Q: can I as guardian and conservator put my fathers home and cd in a trust if hes already declared incompetent, on hospice

i am my fathers legal guardian & conservator my half sister not related to my father is executor of his will. Her and her husband set up the will where they can do what they want with the house and his belongings my father thinking she would do what the will says signed it. She plans on doing her... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Jan 8, 2020

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 and sit down with an experienced... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: I would like to know how my friend is legally able to leave his parents on their own.

He has been taking care of his parents since his mother was hospitalized right before Thanksgiving. She has IBM , but is mentally alert and a feeding tube via PEG 5x a day. Then his father fell couple weeks ago from A-fib passing out - also hospitalized for placement of pacemaker. He also has... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jan 7, 2020

He can attempt to apply to the local probate court to become their guardian. If he is their guardian, then he can make all decisions for them.

1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: Can the court demand I deliver belongings out of town to my 92yr old step father while I care for my 90yr old mom 24/7?

My step father attempted to kill my mother and was removed from the home by the police. He is now living out of town and his guardian has acquired a court order for me (step daughter) to deliver all of his belongings at my expense out of town . I’m currently my mothers only caregiver around the... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 7, 2020

Pretty much any time someone gets a court order without a chance for you to appear and contest the order before it is issued the court needs to allow a chance for you to object and ask for a hearing. However if you were given advance notice that someone was going to court to get such an order that... Read more »

2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: Can a man who's had a major stroke close out joint accounts and give away assets when he is married?

After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and whom he... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 7, 2020

You and your family are experiencing a very complicated elder law issue. I recommend you hire an experienced local elder law attorney to assist you. Your question cannot be answered online.

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3 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Should I move money from our joint account to protect it?

My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2020

Medicaid pre-planning is a legitimate technique for protecting assets for the next generation. However, whether your brother can actually do this on behalf of your grandfather depends on the terms of the power of attorney (POA). Some POAs authorize this, and some do not. So that is the first... Read more »

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4 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: What can I do (or my Mom) to regain control over family’s estate, after my brother used my mom’s power of attorney to

change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 6, 2020

Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.

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