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Elder Law Questions & Answers
1 Answer | Asked in Elder Law for New York on
Q: Is my sister committing elder abuse?

She has POA. She has sold some of our 91 yr old mom's property & given the $ to her daughter. She's giving Mom's house to her son & spending Mom's money to renovate it first. She leaves Mom alone for days with the same guy (42 yrs old & unmedicated bipolar) who... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 13, 2021

It sounds like financial abuse at the very least. If Adult Protective Services are not responding, you can try your county’s District Attorney’s offices. Depending upon where you live, they may have a unit dedicated to elder abuse.

1 Answer | Asked in Real Estate Law and Elder Law for Ohio on
Q: If I go 50/50 on a house with my parents and they pay the mortgage to me as rent, could Medicaid put a lien on it?

My parents are in their 70s and my father isn't in the best health.

Andrew Popp
Andrew Popp answered on Oct 12, 2021

You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.

Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If...
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1 Answer | Asked in Elder Law for Michigan on
Q: How can I or one of my siblings get Financial and Medical Power of Attorney for our mother and her wife in Michigan?

They are about to be evicted from their apartment and keep getting in financial difficulties where they need money from us. We have asked them to let one of us take over their finances before, but they declined. They both have many serious medical issues, but don't follow through with... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

Your concerns suggest a need for more than just powers of attorney, which are revocable at any time by the principle. You may need to explore guardianship, which is a more permanent arrangement, and actually divests your mother from being legally able to make her own decisions. It is unclear though... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Can I call 911 from outside a nursing home to pick up my dad
Matthew Williams
Matthew Williams answered on Oct 5, 2021

Anyone can call 911 for any reason. Whether they will remove your dad from the nursing home depends upon whether they discover a problem when they arrive.

1 Answer | Asked in Elder Law for Maryland on
Q: What if my husband is in a facility

What if my husband is in a facility

Mark Oakley
Mark Oakley answered on Sep 25, 2021

You need to be more specific as to what your concern or issue is. What about your husband being in a "facility" (medical facility? prison? mental health hospital?) causes you to need advice about what to do?

3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Elaine Shay
Elaine Shay answered on Sep 22, 2021

In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... Read more »

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1 Answer | Asked in Elder Law and Family Law for California on
Q: My brother sold my fathers property without his consent my father is in nursing home what do i do ?
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

This could be a number of different wrongs, including "conversion" (think theft), and Elder Abuse. You should contact a local attorney that handles issues of Elder Abuse (Financial abuse is also Elder Abuse- you don't have to bruise them to commit Elder Abuse). You should act right... Read more »

1 Answer | Asked in Elder Law and Family Law for California on
Q: My dad was put in a nursing home my brother sold his property without my fathers consent what do i do ?
James Edward Berge
James Edward Berge answered on Sep 21, 2021

There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Elder Law for Mississippi on
Q: What type of lawyer specialty would held a client who had a 'Visiting Angles' caregiver steal from them?

Incident occured in Hattisburg, MS.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 17, 2021

Any Mississippi lawyer can help you with this issue; however, if you are alleging that someone stole from you or a family member, the thing to do would be to contact law enforcement to file a complaint with them so that an investigation and arrest can be completed. If you are looking to recoup the... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: My mother has dementia and no one to take care of her in Puerto Rico. I want to bring her to Wisconsin

What can I do? She apparently has a joint account with her partner that is hospitalized and will likely end up in a nursing home by his kids. We have no information about where anything goes as his family took that over.

Thomas B. Burton
Thomas B. Burton answered on Sep 17, 2021

Hello I am sorry to hear about this situation with your Mother. If she has a joint bank account with another person, then generally here in Wisconsin the last surviving person ends up as the owner of that account. In Wisconsin it is possible to name a "Payable on Death" or... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 15, 2021

This is not an elder law question. This is a real estate question. I would re-post it under real estate law or call and get the advice of a real estate lawyer.

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2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: My mother and I own a home jointly with a survivorship. My mother passed away, Can medicaid take my home?
Moshe Toron Esq
Moshe Toron Esq answered on Sep 14, 2021

Medicaid could put a lien on half of the house in order to recoup any funds they paid on behalf of your mother. This is assuming she was in a nursing home or received nursing home waiver services or received Medicaid benefits after age 55.

However, if you took care of your mother for 2...
Read more »

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1 Answer | Asked in Elder Law and Family Law for Indiana on
Q: Hi my husband is only child His mother given poa to nephew She has dementia They trying to put her in home

They are trying to put her in nursing home without notifying my husband.

Also they are trying to take her money out back

And sell her property. They are trying to keep it hush. Can they put her in home without his consent. Again he is only child.

Because while she was in... Read more »

Troy Tyson
Troy Tyson answered on Sep 14, 2021

Unfortunately your question is not clearly enough posed to give any type of substantive answer. It might be a good idea to sit down with an experience probate or family attorney, to discuss your case in detail and get the answers you are looking for.

1 Answer | Asked in Elder Law and Personal Injury for Nevada on
Q: It has taken almost 30 days for American Home shield to get air compressor fixed still broke is this legal?
Tim Akpinar
Tim Akpinar answered on Sep 13, 2021

A Nevada attorney could advise best. but your question remains open for two weeks. Until you're able to reach a local attorney, it could be worth noting that these types of settings are often governed provisions of the contract between the parties. Good luck

Tim Akpinar

2 Answers | Asked in Estate Planning and Elder Law for Ohio on
Q: When someone passes and there is no TOD or Will stating who a vehicle can go to.

Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?

Thank you Andrew Popp for your previous help.

Andrew Popp
Andrew Popp answered on Sep 13, 2021

No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.

https://codes.ohio.gov/ohio-revised-code/section-2106.18

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: If a married Sr Citizen passes & they have a vehicle only titled in their name.Can it be retitled in someone else's name

Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... Read more »

Andrew Popp
Andrew Popp answered on Sep 13, 2021

Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... Read more »

1 Answer | Asked in Family Law, Elder Law, Intellectual Property and Landlord - Tenant for California on
Q: Hi there, I'm sorry to bother you...I don’t know what to do…

… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »

Sally Bergman
Sally Bergman answered on Sep 10, 2021

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Puerto Rico on
Q: Im currently taking care of my Grandmother 95 and her brother 91. How do I go about becoming their legal guardian in pr

To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 2, 2021

The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: I have a question concerning a Durable Power of Attorney in the State of Florida.

I know a 71 year old male who I believe is suffering from alzheimer's disease. He signed a Durable POA to his former wife to act on his behalf. I believe she is taking advantage of him. She transferred both his condos to herself using quit claim deeds. She is also selling a storefront that he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2021

If his ex-wife is misusing the POA, the heirs may have remedies upon his death. If you have any idea who they may be (whether named in a will or next of kin and thus his heirs under the intestacy statutes), you might want to alert them.

1 Answer | Asked in Employment Law and Elder Law for Pennsylvania on
Q: My job is a caregiver

I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 25, 2021

It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... Read more »

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