Your current state is Virginia
She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »
Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »
Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.
I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you... Read more »
If I have these suspicions, should the police get involved first, or should I consult with an attorney first? I no longer have access to current financial records and the elderly woman would probably deny any abuse.
You can make an online report to Adult Protective Services. You can also find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.
Can the forms be notarized or will they both be submitted through courts?
These documents serve entirely different functions.
A Durable Power of Attorney shares authority over the property of the person who signs it while she is alive. Both her signature and that of her agent must be notarized. If it is to affect real property, it must be recorded in the county... Read more »
I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... Read more »
Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... Read more »
pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid... Read more »
Sounds like both. You may need to report this to both agencies.
I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... Read more »
The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... Read more »
Short of a lawsuit against the POA, nothing you can do.
It depends upon how many people live there and how many bedrooms there are. Also, if he requires her to be on the lease and she or you is refusing to put her on the lease, he can refuse on that basis as well.
Well what rights does that give you ? An under what what kind of circumstances would it be used for?
"Power of Attorney" is a term commonly used for a legal arrangement where one person (the principal) gives legal authority to another person (the agent) to make certain decisions or to do certain acts on behalf of the principal. A power of attorney can be general to cover many... Read more »
In Northern Calif. My name is on her lease for emergency, next of kin, and also it grants me access to her apt if & when needed. She gave me her keys. She has taken a turn for the worse. I need to clear out her apt, but mgmt won't let me in unless they get paperwork showing my mom... Read more »
Best wishes to your mom. Start with getting a letter from her M.D. stating that she has suffered a stroke, is suffering from COVID and cannot make decisions for herself. They probably want to cover their asses rather than cause you grief. I assume that you do not have a Health Care POA. You... Read more »
Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the... Read more »
My mom lives in a nursing home here in NC with advance dementia. I need to get guardianship to conclude her business in NYC? Will NY state accept it if I am deemed her guardian here in NC?
I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.
My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.
If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the... Read more »
We found out by a outsider .her spouse blocked us from calling.this was 07/2020
No one yet has yet to even call our father can we sue
Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?
Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how... Read more »
Concerning my roof purchase would a trial by jury be preferable to going in front of one educated person , The Judge?
I'm assuming if I won't agree to this obnoxious request they won't sell me a new roof. Is this even legal ?
A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, contracts do contain clauses that dictate how disputes will be resolved. Some of these stipulate that arbitration will be used as a forum instead of civil court. I'm not certain if your clause... Read more »
Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?
Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.
Mother was diagnosed with Alzheimers in 2015. Sister has Mother. I was joint Power of Attorney and in Trust for 50 percent estate. In 2019, sister took Mother to a doctor (after Mother's MD in Tucson already said Mother was unable to make financial decisions in 2018) and had me removed... Read more »
Only your mother can remove you as her agent under a Durable Power of Attorney. Depending on what the trust declaration says, it may be that only she can remove you as co-trustee.
In Texas, anyone who would be a beneficiary under a Will, an heir if there were no Will, or can convince the... Read more »
My sister removed mother from senior living without notification, blocked my number, won’t let my mother see me, speak to me. I believe she is isolating her and then leaving her alone just to cash her social security. She claims COVID-19, but this started before and my mother has been seen in... Read more »
First, this is not really Family Law, it is Conservatorship/ Elder abuse law, and you need to repost so those attorneys get an email showing this question. IMO you need to file for a Conservatorship of your mom. You can search for an attorney that deals in Conservatorship/Guardianship on this... Read more »
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