I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you
answered on Mar 23, 2023
POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... Read more »
My dad lives in Texas with my sister, her daughter and granddaughter. They have robbed him blind and I was called by Edward D Jones rep and told that they were using his money fast. I reported to APS. I was informed they already had open case and saw several problems. So my sister and her family... Read more »
answered on Feb 10, 2023
It is definitely time for you to come visit your dad.
There are clearly several matters which need to be addressed.
1. If your mom is dead, you need to make certain her estate has been properly probated in the county where she was living when she died.
2.... Read more »
him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?
answered on Jan 4, 2023
To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.
Oklahoma Durable Power of attorney question:
My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..
My grandmother wants to revoke or transfer durable power of attorney from a family... Read more »
answered on Jul 20, 2022
A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.
To create a new one, see an estate... Read more »
Keeping her alive is the IV nutrition. We would like to look at palliative or hospice care closer to home as she is 45 minutes from home now. Our stepdad thinks she is going to get better and live for years. We understand his hopefulness but disagree with the current plan of care at the specialty... Read more »
answered on May 5, 2023
Sorry you are having g to go through this tough time in your family. If your mother has an advance directive then that is to be followed, including having a medical proxy for making decisions. If she does not then they will turn to next of kin, which starts with spouse.
My grandmother has lived in her home since 2005-2006. There was never any written agreements for tenancy nor was the house sold to her. It was a verbal agreement between her and a friend that she was allowed to live there. Since, the owners have passed away and their daughter now owns the home.... Read more »
answered on Mar 28, 2023
Potentially has adverse possession claim, however if she was there with permission then that removes the adverse aspect. Contact a real estate attorney for your best advice.
The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.
answered on Mar 24, 2023
That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.
I am the only one of my mom's children who wasn't legally adopted. I'm wondering if I should go through the process of paying a sheriff/process server to deliver the notice of guardianship petition.
answered on Dec 9, 2021
Since an adopted child still receives a childs portion of the estate of biological parents, I would send them notice in this matter as well. However, you can send it via certified mail and this is cost less than the sheriff/process server.
Or nursing home care can the house be signed over to the child before admission?
answered on Aug 9, 2021
There's a lot of different things that can be effected if the house is transferred to the child when the parent enters a nursing home. For example, if the parent is going to need to qualify for Medicaid to pay for their nursing home stay, transferring the home may penalize them on the Medicaid... Read more »
But will not produce legal documents. Thank you!
answered on Mar 22, 2021
If your parent is still living, you can ask your parent for them.
If you parent is deceased, then the power of attorney is no longer valid after death.
It might be good for you to contact an "elder abuse" attorney to ask them more specific questions here and describe your concerns.
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.
answered on Sep 23, 2020
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 »
answered on May 13, 2020
Yes, but often that can be a bad idea especially if they disagree on a course of action while the principal is incapacitated. Generally, it is better to have an initial agent, then a successor.
Mothers already bad health is rapidly declining and she refuses to be taken to any Dr. My sis lives with her and tries to care for her but mom is being extremely difficult and we are afraid my sister will be in legal trouble for not getting her help, if she dies. All of our family has tried every... Read more »
answered on Feb 1, 2020
Hire an elder law attorney for a consultation. Call her doctor and report what is happening. Talk to her and ask her why she doesn’t want to live. Tell her how it makes you feel that she doesn’t want to live.
I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.
answered on Jan 21, 2020
Aside from a physical search you might try:
MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.
answered on Jan 16, 2020
Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.
answered on Dec 31, 2019
Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are... Read more »
I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file... Read more »
answered on Apr 5, 2019
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.
Here is part 1:
First, find the original deed (or document) that originally transferred the home to your... Read more »
answered on Dec 11, 2018
It depends upon the level of dementia. If she doesn't have sufficient competency to understand what she wants, the law has provisions for who makes the decisions.
63 OS Section 3102.4
When an adult patient or a person under eighteen (18) years of age who may consent to have... Read more »
answered on Nov 30, 2018
Sorry for your issues.
Unless you are deemed incompetent they probably cannot force you. You may want to explore other options including home health, Oklahoma ADvantage program (assistance provided at state cost to you), assisted living etc.
You should consult your physician for... Read more »
... and qualify for Medicaid?
answered on Nov 19, 2018
Sorry for your issues.
There are many things that can be done to protect the assets. With good planning a couple can preserve most of their assets.
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