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Oregon Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Elder Law for Oregon on
Q: I am looking into getting stuff together, like a POA, Trust, Will for my 81 year old mother. Also looking to defer taxes

My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.

Theressa Hollis
Theressa Hollis
answered on Jun 30, 2023

Go to this website and follow the steps to help your mother defer her Oregon property taxes:

https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx

If your mother lives in Multnomah County she may be eligible for free legal...
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1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Oregon on
Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

Theressa Hollis
Theressa Hollis
answered on Mar 20, 2023

The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... View More

1 Answer | Asked in Elder Law and Family Law for Oregon on
Q: My brother has POA he told the care facility to tell me I can’t see mom & they report to him anyone who comes or calls .

What can I do ? It’s 4hrs rnd trip & they say she’s sleeping he does not want her rest interrupted . She’s almost 90 blind on oxygen all she does is sleep. He won’t call me if she passes either

Theressa Hollis
Theressa Hollis
answered on Mar 7, 2023

In general a Power of Attorney allows the Agent (your brother) to make financial decisions for the Principal (your mother). It does not allow the Agent to decide who can and cannot visit the Principal. I would speak to the manager of the care facility directly. If you are not allowed to visit... View More

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Oregon on
Q: Can Dad call police on visiting (adult) son for trespassing if Mom wants him there (joint homeowners)?

Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?

TMI: Mom and Dad (80+ yo) are verbally and emotionally... View More

Theressa Hollis
Theressa Hollis
answered on Feb 14, 2023

I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... View More

1 Answer | Asked in Contracts and Elder Law for Oregon on
Q: I'm 82 & paid $18,000 to a publishing company now know they are phoney..what do I do now and do I report to senior fraud
Theressa Hollis
Theressa Hollis
answered on Jan 20, 2023

This might be considered elder financial abuse. You can use Oregon’s toll-free hotline: 1-855-503-SAFE (7233) to report it.

You can also report scams and fraud in Oregon with the Consumer Hotline at 1-877-877-9392.

For more information you can go to this website:...
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1 Answer | Asked in Elder Law and Probate for Oregon on
Q: Sister added her name to my father's bank accounts, stocks/bonds and vehicles before he passed. She claims it's hers now

She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... View More

Theressa Hollis
Theressa Hollis
answered on Sep 20, 2022

I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.

3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... View More

Theressa Hollis
Theressa Hollis
answered on Aug 1, 2022

It sounds like this tenant might be having a mental health crisis. I strongly recommend that you call Adult Protective Services in your county and ask them to make an immediate welfare check.

Anyone who is being assaulted should call 911.

In Multnomah County you can also call the...
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3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 1, 2022

Depending upon the circumstances, a month may or may not be reasonable for replacing windows. Regardless, as my colleague says, be sure to notify management in writing of the problems and your demand for immediate repairs. You don't have the authority directly to evict the problem tenant but... View More

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3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... View More

Katherine Goodman
Katherine Goodman
answered on Aug 1, 2022

I would also recommend that if you have not done so to tell your landlord in writing about the issues with the tenant. You can contact a local landlord tenant attorney to discuss if your right to quiet enjoyment as been violated as you may have a claim for money damages against your landlord.... View More

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1 Answer | Asked in Real Estate Law and Elder Law for Oregon on
Q: Removing trustee from the Deed.

I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... View More

Theressa Hollis
Theressa Hollis
answered on Apr 11, 2022

I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... View More

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oregon on
Q: HELLO , I AM THE MIDDLE SON OF 3 SONS OF A 96 YEAR OLD WASHINGTON COUNTY , OREGON WOMAN .MY MOTHER IS CURRENTLY IN

....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?

Theressa Hollis
Theressa Hollis
answered on Aug 9, 2021

If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... View More

1 Answer | Asked in Personal Injury, Elder Law, Gov & Administrative Law and Health Care Law for Oregon on
Q: Can an HOA in Oregon refuse to install a mailbox at the residence of a disabled elderly person?

All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... View More

Theressa Hollis
Theressa Hollis
answered on Jun 27, 2021

I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950

Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: What happens next when the state has temporary guardian and conservator of a lady. APS has been involved.

3 seporate times the lady has wondered out and police has brought her home.

Theressa Hollis
Theressa Hollis
answered on May 17, 2021

If a temporary guardian and conservator have been appointed that person will step in to take control of the protected person's medical and placement decisions as well as controlling her finances. The temporary conservator will be responsible to paying all of her bills. The temporary guardian... View More

1 Answer | Asked in Elder Law for Oregon on
Q: The state has just been awarded complete control of a lady I care for. What does that mean for me?
Theressa Hollis
Theressa Hollis
answered on May 15, 2021

It sounds like the person you care for has either been civilly committed or the court has appointed a Guardian or Conservator for her. If she has been civilly committed then the state of Oregon will be responsible for determining where she lives and coordinating her care. If she has a guardian then... View More

1 Answer | Asked in Personal Injury, Elder Law and White Collar Crime for Oregon on
Q: how do I find out if a wrongful death claim was filed against an employer many years ago, IF THE EMPLOYER KEPT THIS

SETTLEMENT VERY QUITE, There has to be a way of digging this up, But how if this employer kept this hush-hush

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2021

An Oregon attorney could answer best, but your post remains open for two weeks. As a general matter nationwide, some unified court systems display cases online. Some systems might require registration to use their resources. That would be if the matter was filed as a lawsuit with an index number.... View More

1 Answer | Asked in Elder Law for Oregon on
Q: My husband is in a care assisted facility for memory loss he comes in and out so he has a car he loves being stored a

Person drive way.i want to get it home but they don't want to let it go.its a money thing.it is in his name.what are the rules?

Theressa Hollis
Theressa Hollis
answered on Mar 2, 2021

If the car is in your husband's name then he is in control of deciding where it should be stored. If your husband signed a Power of Attorney then the person named as Agent could also decide about the car. The only other way to control your husband's assets is to have a Conservator... View More

1 Answer | Asked in Estate Planning, Health Care Law, Elder Law and Probate for Oregon on
Q: Is it possible to hire an executor, health agent, etc. to assist me with my end of life planning?

I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.

I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... View More

Theressa Hollis
Theressa Hollis
answered on Feb 2, 2021

Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to... View More

1 Answer | Asked in Elder Law, Real Estate Law, Construction Law and Lemon Law for Oregon on
Q: I purchased a 1971 mobile home in October 2019 October. I started having major problems right away

Roof leaking . Kitchen cabinets falling in. Bathroom plumbing backed up. Kitchen sink leaking which took 5 times to fix. Ceiling leaks in bedroom, bathroom, and smaller bedroom, and around the front door. I was told the house was worked on by professionals, yet when I tried to get information... View More

Theressa Hollis
Theressa Hollis
answered on Oct 27, 2020

I recommend you contact the Oregon Dept. of Justice's Consumer Protection hotline at 503-378-4320 or toll-free in Oregon at 877-877-9392.

As you've learned, inspections should always be done before purchasing.

Because you are low income Legal Aid Services of Oregon may be...
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1 Answer | Asked in Elder Law for Oregon on
Q: I suspected financial elder abuse by my sister who served as my mother's POA. Am I able to pursue an investigation?

My mother passed away 2 weeks ago. My sister, who had POA, told me that the accounts have been closed and there is no longer access to them or the ability to investigate them. Is she correct? I suspected that she took some financial liberties about a year ago and asked her to open up the accounts.... View More

Theressa Hollis
Theressa Hollis
answered on Oct 2, 2020

I'm very sorry for your loss. Just because the accounts are closed does not mean that you have no recourse. I recommend you consult with a probate litigator who can evaluate your specific situation and give you an opinion as to the likelihood of success for your case.

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