Elder Law Questions & Answers by State
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Elder Law Questions & Answers
Q: Can a nursing home restrict a resident from leaving if they're deemed mentally fit?
Andy Wayne Williamson's answer
Sortof depends upon how or what evidence there is of the resident being mentally fit. Also, it depends upon what evidence there was to place the resident in the facility in the first place.
Ultimately, there is just not enough information here to say one way or the other.
Best suggestion is to consult with an elder law / guardianship attorney in your area to get the admission documents and an recent documents showing the resident to be mentally fit.
Good luck.
Sortof depends upon how or what evidence there is of the resident being mentally fit. Also, it depends upon what evidence there was to place the resident in the facility in the first place.
Ultimately, there is just not enough information here to say one way or the other.
Best suggestion is to consult with an elder law / guardianship attorney in your area to get the admission documents and an recent documents showing the resident to be mentally fit.
Good luck.
Q: I am selling my home and need extra 2 months to move. Am I required to pay rent for my current apt of 24 yrs?
1 Answer
| Asked
in
Real Estate Law, Elder Law and Landlord - Tenant
for
New York
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Q: Is Mother's Trust, created 2012 in Florida, okay now that she is living in memory care facility in California?
Terrence H Thorgaard's answer
If the trust was created when she was residing in Florida, assuming she was competent then, it is probably still valid. When the time comes to administer the trust ("Executed" normally means signing by the trustor not administration by the trustee), the trustee should check with an attorney in California to determine what if anything needs to be done.
If the trust was created when she was residing in Florida, assuming she was competent then, it is probably still valid. When the time comes to administer the trust ("Executed" normally means signing by the trustor not administration by the trustee), the trustee should check with an attorney in California to determine what if anything needs to be done.
Q: Can my sister sue me for elder abuse if my elderly mother said that is not happening?
Joanne Reisman's answer
Elder abuse is based on a definition of elder abuse found in the Oregon Statutes: https://www.oregonlaws.org/ors/124.005. Your mother's opinion, while not insignificant, does not determine if a case of elder abuse does or doesn't exist. You should get your own lawyer and discuss the facts of the situation in private with your attorney. Do not post details on the internet.
Elder abuse is based on a definition of elder abuse found in the Oregon Statutes: https://www.oregonlaws.org/ors/124.005. Your mother's opinion, while not insignificant, does not determine if a case of elder abuse does or doesn't exist. You should get your own lawyer and discuss the facts of the situation in private with your attorney. Do not post details on the internet.
Q: My mother passed away 17 months ago from complications of Alzhiemers. I was her caregiver and still presently reside in
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Elder Law
for
Tennessee
on
Answered on Sep 13, 2017
Answered on Sep 13, 2017
Leonard Robert Grefseng's answer
Sorry, but there is no easy answer. You don't have any rights by virtue of having lived there so long ( this was simply by consent of your mother- she could have charges you rent if she wanted to, but apparently she didn't) .
Now that she has passed, the terms of the trust will control, and no lawyer can advise without reviewing that document. I assume there was no written contract or agreement between you and your mother that addresses your care or services for her. If so, that...
Sorry, but there is no easy answer. You don't have any rights by virtue of having lived there so long ( this was simply by consent of your mother- she could have charges you rent if she wanted to, but apparently she didn't) .
Now that she has passed, the terms of the trust will control, and no lawyer can advise without reviewing that document. I assume there was no written contract or agreement between you and your mother that addresses your care or services for her. If so, that...
Q: My mom was diagnosed with dementia. She doesn't want to leave her house but is unable to live alone. My siblings and I
Priscilla Ann Madrid's answer
It depends. Even though someone has dementia it does not mean they are incompetent to make their own decisions. If you mom wants to live in her own home and has sufficient assets to payfor that she should stay there until her assets run out. Hire some caregivers to take care of her. Put yourself in her shoes. Would you want to live at home as long as possible with family checking in to make sure your needs are being met? I bet you would. Let your mother decide what she wants and do the best...
It depends. Even though someone has dementia it does not mean they are incompetent to make their own decisions. If you mom wants to live in her own home and has sufficient assets to payfor that she should stay there until her assets run out. Hire some caregivers to take care of her. Put yourself in her shoes. Would you want to live at home as long as possible with family checking in to make sure your needs are being met? I bet you would. Let your mother decide what she wants and do the best...
Q: My mothers physician is trying to comment my mother to a nursing home is this legal?
Terry Lynn Garrett's answer
Sadly, when people need care or supervision 24/7 or need care at times which cannot be scheduled, if they cannot afford to pay for care at home 24/7, perhaps supplemented by family, the only option is a nursing home. That said, the only person other than your mother who can choose her residence is a guardian of her person. If your mother refuses to move to a nursing home, she might be reported to Adult Protective Services for self-neglect. If your mother refuses to move to a nursing home...
Sadly, when people need care or supervision 24/7 or need care at times which cannot be scheduled, if they cannot afford to pay for care at home 24/7, perhaps supplemented by family, the only option is a nursing home. That said, the only person other than your mother who can choose her residence is a guardian of her person. If your mother refuses to move to a nursing home, she might be reported to Adult Protective Services for self-neglect. If your mother refuses to move to a nursing home...
Q: Am I able to expunge court records/documents if I can prove that a conservatorship was erroneous?
1 Answer
| Asked
in
Family Law, Elder Law, Estate Planning and Health Care Law
for
California
on
Answered on Sep 6, 2017
Answered on Sep 6, 2017
Q: Where can I find out information on the law regarding elder abuse?
Brent T. Geers' answer
The legal issues are whether your brother is a vulnerable adult and if the two adult children are caregivers. To oversimplify this: no one is legally obligated to render or call for aid on behalf of another adult. Walking by someone laying on the ground- a relative, at that - is morally repugnant, but not illegal, unless there exists specific relationship that place a heightened duty on someone.
If either of the two adult children are caregivers to your brother, and if your brother is a...
The legal issues are whether your brother is a vulnerable adult and if the two adult children are caregivers. To oversimplify this: no one is legally obligated to render or call for aid on behalf of another adult. Walking by someone laying on the ground- a relative, at that - is morally repugnant, but not illegal, unless there exists specific relationship that place a heightened duty on someone.
If either of the two adult children are caregivers to your brother, and if your brother is a...
Q: My mother was Baked Acted by a hospital and the assisted living facility won't refund her money back for the month.
Andy Wayne Williamson's answer
Potentially yes, but it is likely that the cost of suing will cost you more than the lawsuit is worth.
Good luck.
Potentially yes, but it is likely that the cost of suing will cost you more than the lawsuit is worth.
Good luck.
Q: i filed an incapacity lawsuit to determine whether my father incapacitated due to Alzheimer. see details please. Thanks
Andy Wayne Williamson's answer
Sorry for your situation.
There is not enough information here for me to make any determination of wrongdoing.
Best suggestion is for you to consult with an attorney in your area versus this online free Q&A website.
Sorry for your situation.
There is not enough information here for me to make any determination of wrongdoing.
Best suggestion is for you to consult with an attorney in your area versus this online free Q&A website.
Q: I need help on how to get my mother'ss property.
Scott C. Stockwell's answer
You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file a petition to probate her estate. If no will exists, your mother's estate would pass under the laws of intestacy and would pass to you and any siblings you may have, or to the heirs at law of any predeceased...
You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file a petition to probate her estate. If no will exists, your mother's estate would pass under the laws of intestacy and would pass to you and any siblings you may have, or to the heirs at law of any predeceased...
Q: My grandpa's nursing home won't let his partner of 30+ years visit just because they're gay. The partner is on the
Terry Lynn Garrett's answer
No. Contact local LGBT legal aid or an elder lawyer. Perhaps a letter citing the law will set them straight.
No. Contact local LGBT legal aid or an elder lawyer. Perhaps a letter citing the law will set them straight.
Q: My 85 year old brother was tricked into signing a "quit claim" deed over to his step-daughter. Any recourse?
Brent T. Geers' answer
Potentially. There might be some undue influence going on, or even vulnerable adult abuse. Undue influence is a civil remedy that could possibly result in a court ordering that the deed be turned back over to your brother. Vulnerable adult abuse is a crime, which will require investigation by Adult Protective Services or local police, and action by the prosecutor in whichever jurisdiction it occurred.
The caveat to all this is that people - even 85 year olds - are allowed to make what...
Potentially. There might be some undue influence going on, or even vulnerable adult abuse. Undue influence is a civil remedy that could possibly result in a court ordering that the deed be turned back over to your brother. Vulnerable adult abuse is a crime, which will require investigation by Adult Protective Services or local police, and action by the prosecutor in whichever jurisdiction it occurred.
The caveat to all this is that people - even 85 year olds - are allowed to make what...
Q: What is the best way to manage the sale of a small property which will be distributed to siblings upon death of parent?
2 Answers
| Asked
in
Estate Planning, Elder Law and Real Estate Law
for
Ohio
on
Answered on Aug 30, 2017
Answered on Aug 30, 2017
Joseph Jaap's answer
Your mother should consult the attorney who drafted her will, and discuss her goals and if any changes to her will or estate planning are necessary. There also are Medicaid recovery issues she should consider. What she should do depends on all the facts of her situation. She should speak with her attorney to determine what is best.
Your mother should consult the attorney who drafted her will, and discuss her goals and if any changes to her will or estate planning are necessary. There also are Medicaid recovery issues she should consider. What she should do depends on all the facts of her situation. She should speak with her attorney to determine what is best.
Q: Are there laws to help an 85-year old break a contract for $9000 worth of work she was pressured into?
1 Answer
| Asked
in
Consumer Law, Contracts, Elder Law and Construction Law
for
California
on
Answered on Aug 29, 2017
Answered on Aug 29, 2017
William John Light's answer
Contact the State Contractor's License board and your local District Attorney's office and report the contractor for elder abuse. This type of conduct is a well known scam to prey upon the elderly.
Contact the State Contractor's License board and your local District Attorney's office and report the contractor for elder abuse. This type of conduct is a well known scam to prey upon the elderly.
Q: is there any way to get around a next of kin authorization of cremation?
1 Answer
| Asked
in
Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law
for
Louisiana
on
Answered on Aug 28, 2017
Answered on Aug 28, 2017
Christie Tournet's answer
A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of the Will. If this authorization was not provided in a valid Will format, then LA law provides a ranking of classes of family that can provide the authorization - surviving spouse, then a majority of...
A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of the Will. If this authorization was not provided in a valid Will format, then LA law provides a ranking of classes of family that can provide the authorization - surviving spouse, then a majority of...
Q: We live in WA and would like to add adult children to two mortgaged homes. We live in one home. Do we need a Life Estate
Inna Fershteyn's answer
You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).
The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and leave it to your children after your death. The trust will avoid probate.
Feel free to call with additional questions.
Sincerely,
Inna Fershteyn
Law Office of Inna...
You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).
The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and leave it to your children after your death. The trust will avoid probate.
Feel free to call with additional questions.
Sincerely,
Inna Fershteyn
Law Office of Inna...
Q: Can my elder Mom be held liable if someone driving her car is in an accident?
2 Answers
| Asked
in
Car Accidents, Elder Law, Personal Injury and Wrongful Death
for
Florida
on
Answered on Aug 25, 2017
Answered on Aug 25, 2017
Andy Wayne Williamson's answer
Yes you have a dangerous situation. Under Florida law the owner and the driver of a vehicle is liable for any accident involved.
Not sure how you fix the situation from the distance you are but you try to stop this person from driving the car.
Good luck.
Yes you have a dangerous situation. Under Florida law the owner and the driver of a vehicle is liable for any accident involved.
Not sure how you fix the situation from the distance you are but you try to stop this person from driving the car.
Good luck.
Q: WHAT DOES IT TAKE TO RESCIND A DEED IN OKLAHOMA? MY DEED WAS DIVIDED AND NOT ALL PARTIES WERE PAID.
1 Answer
| Asked
in
Real Estate Law, Elder Law and Federal Crimes
for
Oklahoma
on
Answered on Aug 23, 2017
Answered on Aug 23, 2017
Richard Winblad's answer
Your question is not really clear. Sounds like Party C did not sign any deed. Party A can sell only his/her own interest. If these are mineral interests Party C should be unaffected by A's deed.
Your question is not really clear. Sounds like Party C did not sign any deed. Party A can sell only his/her own interest. If these are mineral interests Party C should be unaffected by A's deed.
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