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Elder Law Questions & Answers
Q: How does something request a competency hearing in Montgomery County, Tx?
Kiele Linroth Pace's answer
DWI is a criminal offense so he should apply for a court appointed attorney. However, being found incompetent has other serious ramifications that he should discuss with his attorney.
DWI is a criminal offense so he should apply for a court appointed attorney. However, being found incompetent has other serious ramifications that he should discuss with his attorney.
Q: Can my stepsister move her dad to her home in Florida and leave his wife of 30 years (my mom) alone and in Massachusett.
Lillian J. LaRosa's answer
Does your step sister have her father's health care proxy ? If so, it is possible that by its terms she has such authority if he is unwell. If he is competent then he can make his own decisions, although potentially there is a gray area here where he has had a stroke unless he has expressed his wishes to return to Florida before he suffered the stroke and is free to make his own judgments ( is stepsister exerting undue influence?) If he does not have such a health care proxy and is not...
Does your step sister have her father's health care proxy ? If so, it is possible that by its terms she has such authority if he is unwell. If he is competent then he can make his own decisions, although potentially there is a gray area here where he has had a stroke unless he has expressed his wishes to return to Florida before he suffered the stroke and is free to make his own judgments ( is stepsister exerting undue influence?) If he does not have such a health care proxy and is not...
Q: I am looking to find out, as my sister's POA, on how to handle a settlement from a class action suit.
Stephanie Sexauer's answer
I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further. Please note, this is not legal advice and we have not established an attorney/client relationship.
I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further. Please note, this is not legal advice and we have not established an attorney/client relationship.
Q: In what types of situations would setting up a special needs trust benefit someone recently diagnosed with Alzheimer's?
Sally Bergman's answer
The (well) spouse of a person with Alzheimer's (ill spouse) should establish a testamentary special needs trust through his/her will to protect the ill spouse in the event the well spouse dies before the ill spouse. These types of trusts between spouses can only be established through a will. Any other type of special needs trust cannot be established once the ill spouse reaches age 65.
I do encourage families who have received this diagnosis to sit down with an elder law attorney...
The (well) spouse of a person with Alzheimer's (ill spouse) should establish a testamentary special needs trust through his/her will to protect the ill spouse in the event the well spouse dies before the ill spouse. These types of trusts between spouses can only be established through a will. Any other type of special needs trust cannot be established once the ill spouse reaches age 65.
I do encourage families who have received this diagnosis to sit down with an elder law attorney...
Q: I am seeking assistance on how to get my father-in-laws Power Of Attorney switched to my wife with out costing to much.
Joseph Jaap's answer
He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...
He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...
Q: If a legal guardian is found guilty of exploitation of an elder person- do they get removed from their custody?
Brandon M Haubert's answer
Yes. I am not sure what happened, but if Adult Protective Services was contacted and found the guardian was not acting appropriately, then you can get the removed. This may not happen automatically. You may have to petition the court and remove the previous guardian and get appointed yourself.
Yes. I am not sure what happened, but if Adult Protective Services was contacted and found the guardian was not acting appropriately, then you can get the removed. This may not happen automatically. You may have to petition the court and remove the previous guardian and get appointed yourself.
Q: Can my attorney cash a settlement check without my knowledge?
Timur Akpinar's answer
I do not practice in Texas but your question remains open for four weeks. In general, attorneys do use limited power of attorney provisions to conduct limited banking transactions, such as enabling deposit of checks on behalf of clients, where the purpose is to avoid the need for client to come to the office to sign check for deposit into attorney account (IOLA) to enable payment to client. A Texas attorney might be able to provide more in-depth insight as to the operation of your particular...
I do not practice in Texas but your question remains open for four weeks. In general, attorneys do use limited power of attorney provisions to conduct limited banking transactions, such as enabling deposit of checks on behalf of clients, where the purpose is to avoid the need for client to come to the office to sign check for deposit into attorney account (IOLA) to enable payment to client. A Texas attorney might be able to provide more in-depth insight as to the operation of your particular...
Q: Can I tow or remove a living trailer away from my property that has 10 lbs of marijuana stored inside? owner is in jail
Gregory L Abbott's answer
Possession of 10 lbs is likely to be illegal. Your safest bet is to simply report it to the police and go from there. They might even tow it off for you as evidence.
Possession of 10 lbs is likely to be illegal. Your safest bet is to simply report it to the police and go from there. They might even tow it off for you as evidence.
Q: How old does my mom have to be to take advantage of federal benefits like SSI? Are there any exceptions?
Jason E. Neufeld's answer
There is no age requirement. To qualify for SSI, one need only meet SSI’s asset and income tests.
There is no age requirement. To qualify for SSI, one need only meet SSI’s asset and income tests.
Q: How to become my moms legal Gaurdian at her request am already her dopa
Carol A Fauerbach's answer
A "legal guardian" for an adult is referred to as a conservator. If your mom has already designed you as her agent through a durable power of attorney and advanced healthcare directive, and these documents are sufficient to allow you to handle her finances and make medical decisions on her behalf, then you may not require a conservatorship. However, if you find that these documents are not sufficient, your mom may lack capacity to amend those documents and a conservatorship may be needed. If...
A "legal guardian" for an adult is referred to as a conservator. If your mom has already designed you as her agent through a durable power of attorney and advanced healthcare directive, and these documents are sufficient to allow you to handle her finances and make medical decisions on her behalf, then you may not require a conservatorship. However, if you find that these documents are not sufficient, your mom may lack capacity to amend those documents and a conservatorship may be needed. If...
Q: What would be the typical bond for Exploitation of elderly or disabled adult and what to do if falsely accused
2 Answers
| Asked
in
Civil Rights, Criminal Law and Elder Law
for
Oklahoma
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Frank A. Urbanic's answer
That varies by county and by judge. If bail has not been set yet, then contact a bondsman in the area. They will likely have the best estimate on what it may be.
That varies by county and by judge. If bail has not been set yet, then contact a bondsman in the area. They will likely have the best estimate on what it may be.
Q: My parents have a reverse mortgage. They are in their mid 90s. Is it possible to have my name added to the deed?
Mark Oakley's answer
No, none of this would work. First, you cannot be added onto the reverse mortgage, as that was calculated based on your parents’ ages and life expectancy at the time of the mortgage. The mortgage typically must be paid off within 6 months of death, or the property be listed for sale and marketed by then in order to avoid foreclosure. Adding your name to the deed not only would not help, but would not be permitted under the reverse mortgage terms. Further, you would cause adverse tax...
No, none of this would work. First, you cannot be added onto the reverse mortgage, as that was calculated based on your parents’ ages and life expectancy at the time of the mortgage. The mortgage typically must be paid off within 6 months of death, or the property be listed for sale and marketed by then in order to avoid foreclosure. Adding your name to the deed not only would not help, but would not be permitted under the reverse mortgage terms. Further, you would cause adverse tax...
Q: What is the filing fee for Petition to Remove Trustee (Attachment PB-4034)?
1 Answer
| Asked
in
Estate Planning, Family Law, Elder Law and Probate
for
California
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Richard Samuel Price's answer
The court filing fee is between $450 to $480. You need an attorney for this... it is not a do-it-yourself project.
The court filing fee is between $450 to $480. You need an attorney for this... it is not a do-it-yourself project.
Q: In California - if a party has filed an Amended Cross-Petition, how long does one have to respond?
Richard Samuel Price's answer
When the petition is filed, the court will set a hearing date. You can file an objection at any time before the hearing. Or at the hearing, you can orally object and then the court should give a deadline for you to file written objections.
When the petition is filed, the court will set a hearing date. You can file an objection at any time before the hearing. Or at the hearing, you can orally object and then the court should give a deadline for you to file written objections.
Q: Alzheimer's patient petitioned by spouse specific transfer
Jay Braddock Jackson's answer
Having an illness that makes one incompetent to handle funds (among other things) does not mean the individual cannot inherit. In other words, the patient’s right to inherit is not impacted in any way by his illness. It may mean that a guardian will need to make certain decisions or request permission from the probate court to spend money for the benefit of that individual. The guardian cannot spend money without the court's permission.
A subsequent beneficiary may, however, need to...
Having an illness that makes one incompetent to handle funds (among other things) does not mean the individual cannot inherit. In other words, the patient’s right to inherit is not impacted in any way by his illness. It may mean that a guardian will need to make certain decisions or request permission from the probate court to spend money for the benefit of that individual. The guardian cannot spend money without the court's permission.
A subsequent beneficiary may, however, need to...
Q: BONA FIDE PURCHASER SCAM: If 5 people got together and expedited this scam, what is the legal term that describes it?
Sally Bergman's answer
There's no question that you need to immediately contact an elder law attorney who handles financial elder abuse matters. I can't imagine that a title company ever insured title on all of these transactions.
There's no question that you need to immediately contact an elder law attorney who handles financial elder abuse matters. I can't imagine that a title company ever insured title on all of these transactions.
Q: What is the procedure for filing for judicial revocation of power of attorney in Bastrop County Texas?
Terry Lynn Garrett's answer
Throughout Texas the signer of a Durable Power of Attorney (your mother) can revoke it by giving notice to everyone to whom it might be presented and, if it involves real estate, record the revocation in the deed records of the county where the real estate is located. That can be ineffective if notice is not given to someone and the agent under the Durable Power of Attorney presents it to them. Courts generally "revoke" a Durable Power of Attorney by appointing a guardian.
If someone...
Throughout Texas the signer of a Durable Power of Attorney (your mother) can revoke it by giving notice to everyone to whom it might be presented and, if it involves real estate, record the revocation in the deed records of the county where the real estate is located. That can be ineffective if notice is not given to someone and the agent under the Durable Power of Attorney presents it to them. Courts generally "revoke" a Durable Power of Attorney by appointing a guardian.
If someone...
Q: My sister was Caretaker for our Mom and stole $21000 from her retirement acct and spent it on Oxy (#600). What can I do?
4 Answers
| Asked
in
Criminal Law, Family Law and Elder Law
for
Oklahoma
on
Answered on Sep 25, 2018
Answered on Sep 25, 2018
Gary Kollin's answer
I am not an Oklahoma lawyer. However, you know your choice and the answer: You can report her to law enforcement.
I do not know but many states have a victim's fund
I am not an Oklahoma lawyer. However, you know your choice and the answer: You can report her to law enforcement.
I do not know but many states have a victim's fund
Q: Does the person you choose to be your power of attorney have to be related to you? Are there different requirements if
Terrence H Thorgaard's answer
The person who you appoint to manage your affairs (or, in the case of a limited POA, to do certain specified things), via a POA, is called your "attorney in fact" (not the same as an attorney at law). No, that person doesn't have to be a relative.
The person who you appoint to manage your affairs (or, in the case of a limited POA, to do certain specified things), via a POA, is called your "attorney in fact" (not the same as an attorney at law). No, that person doesn't have to be a relative.
Q: What rights do beneficiaries have to see a trust they are named in. Can they get a copy of the trust and certification?
1 Answer
| Asked
in
Estate Planning, Family Law and Elder Law
for
Illinois
on
Answered on Sep 25, 2018
Answered on Sep 25, 2018
Richard Winblad's answer
Your state probably provides remedies though the courts if a Trustee is uncooperative. These may include requiring that you be shown the trust and/or removal of a trustee. You will need the help of an experienced Illinois attorney.
Your state probably provides remedies though the courts if a Trustee is uncooperative. These may include requiring that you be shown the trust and/or removal of a trustee. You will need the help of an experienced Illinois attorney.
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