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Oklahoma Elder Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Estate Planning for Oklahoma on
Q: What can i expect when looking to hire a trust lawyer to overturn an irrivocable trust that was created after grantor

After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed

James L. Arrasmith
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answered on Mar 8, 2024

When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
T. Augustus Claus
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answered on Dec 21, 2023

In Oklahoma, the general rule is that the police cannot enter your home without a warrant unless there are specific circumstances that allow for warrantless entry. If you expressly tell them they cannot enter and you do not consent, they typically need a warrant based on probable cause or an... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
James L. Arrasmith
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answered on Dec 20, 2023

The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may... View More

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1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oklahoma on
Q: Can a homeowner request double application fees then deny because I have to many children?

I had an owner deny me for a rental after I paid for an application fee on 2 different platforms. Zillow then Hotpads. I received a call the day before move in that I had too many children for the 3 bedroom and refused to contact the landlord for verification on one of my evictions to clarity and... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Oklahoma, as in many states, landlords are prohibited from discriminating against prospective tenants on the basis of familial status, which includes the presence of children, under both federal and state fair housing laws. Denying a rental application on the basis that you have "too many... View More

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
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1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have DPOA over my mother signed in Georgia in 2012. She lives in OK now. Does OK recognize out of state DPOA?

I called her Medical insurance company and they said that they couldn't talk to me as they didn't have an OK DPOA. The GA DPOA had 2 witnesses and a Notary.

Richard Winblad
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Richard Winblad
answered on Jul 11, 2023

Sorry to hear of your headache with the insurance company. This is difficult to answer without seeing the power of attorney your mother signed.

____________________

Oklahoma Statutes Title 56 OS Sec. 3006(C) states:

C. A power of attorney executed other than in this state...
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1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Q: Does new POA automatically cancel out old POA even though there is no clause to revoke ?

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

Charles Watts
Charles Watts
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... View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Oklahoma on
Q: I live in my parents 2nd home in Oklahoma and am inheriting it eventually. Mom died 2019. Dad is 88.

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... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Road trip.

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....
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1 Answer | Asked in Elder Law, Estate Planning and Family Law for Oklahoma on
Q: My 83 year old father is being scammed and he’s sending money to who he thinks is a 20 year old that’s wanting to marry

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?

Reece B. Morrel Jr
Reece B. Morrel Jr
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.

1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: I work at an assisted living facility without the means to provide quality of care to total and full care patients

Where does that fall under quality of care

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. You already named it - a quality of care, possibly health and safety issue. Additional details would be needed to describe further - short staff, training needs, equipment needs, and other possible elements. Good... View More

1 Answer | Asked in Elder Law for Oklahoma on
Q: My mother has stage 4 cancer and has been in a specialty hospital for several weeks. The doctor advises the only thing

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... View More

Charles Watts
Charles Watts
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.

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Oklahoma on
Q: Can you claim ownership of a home you’ve been living in 17 years?

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.... View More

Charles Watts
Charles Watts
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.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oklahoma on
Q: My dad has dementia since 2020, I was poa. My daughter had him sign new poa in 2021not revoking mine, is this valid?

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.

Anthony M. Avery
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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.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Oklahoma on
Q: Can a 85 year old diagnosed with dementia revoke power of attorney or transfer it?

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... View More

Nina Whitehurst
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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...
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1 Answer | Asked in Adoption, Family Law and Elder Law for Oklahoma on
Q: Re: guardianship of my mom. My siblings were adopted out of the family. Do I need to serve official notice to my them?

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.

Charles Watts
Charles Watts
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.

2 Answers | Asked in Elder Law for Oklahoma on
Q: If a parent’s home is to be given to the child in the will but the parent has became ill and requires assisted living

Or nursing home care can the house be signed over to the child before admission?

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
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... View More

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1 Answer | Asked in Elder Law for Oklahoma on
Q: How do I, the eldest child, only son and living child obtain legal documents of POA? Granddaughter says she is POA

But will not produce legal documents. Thank you!

Jessica Brown
Jessica Brown
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.

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

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.

Ilana Sharpe
Ilana Sharpe
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... View More

1 Answer | Asked in Elder Law for Oklahoma on
Q: can someone appoint two agents who can act independently or together in a durable power of attorney in Oklahoma?
Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: "Sane" mother refusing all healthcare, what can we do? Will family caregiver be in trouble if something happens to mom?

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... View More

David Humphreys
David Humphreys
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.

Get real.

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