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.
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.
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...
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,...
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.
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...
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.
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.
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
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.
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.
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.
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.
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...
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.
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.
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