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Elder Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law and Health Care Law for California on
Q: Can I report a federal employee, to her employer, who lives in Chicago who keeps ignoring her very sick mother in CA?

Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:

1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I want to know if I can gift my car and IRA account to my disabled child without a penalty from medicaid.

I read that this is possible and would like to know how to do it.

Nina Whitehurst
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answered on Feb 21, 2024

The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.

The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a...
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1 Answer | Asked in Tax Law and Elder Law for California on
Q: How do I fire a attorney who has not kept me in the loop and has funds of my inheritance
James L. Arrasmith
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answered on Feb 21, 2024

If your attorney has not kept you informed about your case and has not provided updates regarding the status of your inheritance funds, you have the right to terminate the attorney-client relationship. Begin by sending a formal written notice to your attorney expressing your dissatisfaction with... View More

1 Answer | Asked in Elder Law for California on
Q: My elderly father's girlfriend is in control of his money I don't think he's mentally capable of his banking

The family home was sold recently a new home was bought and now she has her name on it

James L. Arrasmith
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answered on Feb 21, 2024

Given your concerns about your elderly father's mental capacity and his girlfriend's control over his finances, it's essential to take steps to protect your father's interests. Start by discussing your concerns with your father in a supportive and non-confrontational manner.... View More

1 Answer | Asked in Family Law, Elder Law and Public Benefits for California on
Q: Can i extricate myself from my brother in law in my financial matters?

I am on sec 8 housing, widowers SS. I am 68. I turned over my financial life to my, now 80 year old brother in law (BiL). I have a trust from my mother that I allowed (?) him to be trustee. I do not know what kind of trust it is, how much it had and how much is in it. I dont have a copy of the... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given the complexity of your situation, it is advisable to seek legal assistance promptly. You have the right to understand and have control over your own financial affairs, including any trusts or bank accounts in your name. It's crucial to obtain a copy of the trust documents to understand... View More

1 Answer | Asked in Civil Litigation, Elder Law, Probate and Estate Planning for California on
Q: Can bundle a petition for conservatorship with a request for reasonable compensation and unreimbursed expenses?

Two beneficiaries of a revocable trust stated in California removed funds held in trust by me to deny me reasonable compensation and unreimbursed expenses. One of the beneficiaries was my soon-to-be ex-husband. The trustor is my mother-in-law and I believe her to be financially incompetent and had... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, it is possible to address your situation through legal proceedings, but the strategy involves careful consideration of the complexities involved in trust and conservatorship law. When dealing with a conservatorship petition, specifically if you believe a party to be financially... View More

1 Answer | Asked in Criminal Law, Civil Rights and Elder Law for California on
Q: Can a restraining orders be valid for the second time if you've already overturned the first ones?

Elderly abuse RO civil code.

James L. Arrasmith
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answered on Feb 21, 2024

In California, it is possible for a restraining order to be issued against someone for a second time, even if a previous order was overturned or expired. The key factor is the presence of new evidence or incidents that justify the issuance of a new restraining order. If circumstances have changed... View More

1 Answer | Asked in Elder Law and Real Estate Law for California on
Q: I’m trying to get possession of my real father’s home following his death in 2022

My mother, who passed 2 months after my dad claimed his home and gave it to my half sister and left me entirely out although I lived with my dad and took care of him. He told me I would get his home in conversations. Because of undue influence my mother left it to my half sister who moved in... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, the laws of intestate succession determine heirship in cases where there is no valid will, or a will is contested. If your father did not have a will stating his wishes regarding his property, and your mother claimed the property and then passed it to your half-sister, the situation... View More

2 Answers | Asked in Elder Law for California on
Q: My father's 84 his girlfriend now manages his money what can we do to make sure his money is being spent correctly

Within the last year sold the family home and moved to a new house in which the girlfriend now has her name on it

T. Augustus Claus
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answered on Feb 15, 2024

In California, if you're concerned about your father's financial management by his girlfriend, especially with significant changes like selling the family home and her name being added to the new property, you might consider a few steps. First, have a candid conversation with your father... View More

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2 Answers | Asked in Elder Law for California on
Q: My father's 84 his girlfriend now manages his money what can we do to make sure his money is being spent correctly

Within the last year sold the family home and moved to a new house in which the girlfriend now has her name on it

James L. Arrasmith
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answered on Feb 21, 2024

Given your father's age and the recent changes in his living situation and financial management, it's important to ensure that his best interests are being protected. Start by having an open and honest conversation with your father about your concerns regarding his finances and the recent... View More

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2 Answers | Asked in Elder Law, Estate Planning, Banking and Probate for California on
Q: I have a legit poa over my friend because I take care of everything for him the bank denied it and want to take over his

Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts

James L. Arrasmith
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answered on Feb 21, 2024

If the bank has denied your legitimate power of attorney (POA) over your friend's affairs and frozen his accounts, it's crucial to take prompt action to address the situation. First, review the specific terms of the POA document to ensure it complies with California law and contains all... View More

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2 Answers | Asked in Banking, Elder Law and Social Security for Oregon on
Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More

Theressa Hollis
Theressa Hollis
answered on Feb 9, 2024

If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.

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1 Answer | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

1 Answer | Asked in Elder Law and Family Law for New York on
Q: I'm interested on becoming a gaurdian of someone. Where do I start? Do you serve Livingston county?

My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years

T. Augustus Claus
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answered on Feb 8, 2024

To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as... View More

2 Answers | Asked in Elder Law and Health Care Law for California on
Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?
T. Augustus Claus
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answered on Feb 8, 2024

In California, hospitals themselves do not have the authority to serve eviction notices as they are not landlords in the traditional sense of a housing or rental agreement. However, if the hospital is acting on behalf of a connected skilled nursing facility, assisted living, or another type of... View More

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1 Answer | Asked in Elder Law and Family Law for Texas on
Q: As Power of Attorney for my mother, am I liable for charges for her stay in a nursing home?
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

No. A power of attorney authorizes another person (the "attorney-in-fact") to act on behalf of the person signing the POA (the "principle") with respect to the matters identified in the POA.

While a POA might authorize you to write a check from your mother's bank...
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1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: I recently moved my 95 yr old grandpa from Florida to a Ohio nursing home. I also paid for his car to be transported to

Ohio. He would like to gift the 2009 car to me. He will be applying for Medicaid when his funds run out. How should I proceed? I don"t want him to have any problems with Medicaid if he does this.

Beverly A Stull
Beverly A Stull
answered on Feb 7, 2024

It is good that you are recognizing this could be a problem up front, so that it can be handled. There are two ways to approach it. One is to accept there is a penalty for an improper transfer, and arrange to pay (value of car/average monthly private pay rate for this year, currently $7,453 =... View More

1 Answer | Asked in Civil Rights, Elder Law, Federal Crimes and Probate for Georgia on
Q: A will was legally filed in probate, and the daughter was also the executor and. Inherent: why wasn't her name changed?

The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More

James L. Arrasmith
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answered on Feb 5, 2024

When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More

4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
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answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More

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