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Oregon Elder Law Questions & Answers
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.... Read 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 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... Read 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... Read 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 You can also hire an experienced estate planning attorney who will give you referrals to... Read 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... Read 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.... Read 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.

1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »

2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and White Collar Crime for Oregon on
Q: How do I sue my mother in law for my father's property?

She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.

My father told us girls that we would get his property when he passed away.

She had strangers sign saying he was of sound mind, and that he was writing us out of the will.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

As Heirs and Next Of Kin, you and the Sisters have standing to file a Will Contest. Hopefully you have not waited too long as assets can be dissipated quickly. Get your Witnesses together, along with medical records, to prove Dementia. Hire a competent attorney.

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1 Answer | Asked in Elder Law for Oregon on
Q: We share an apartment with the manager and share the kitchen. Can she lock us out of the kitchen? Rent is 700.00/month

We have been here over a year and there has never been a problem. Originally we were to share the kitchen and living room. It is difficult to share the living room because of it's size. We came home today and found she had placed a lock on the kitchen door. We also have our own personal... Read more »

Theressa Hollis
Theressa Hollis answered on May 8, 2020

Your question is currently categorized under Elder Law in Oregon. Do you live in Auburn, WA? I think you will get better answers if you choose Landlord - Tenant as your category. Be sure to also choose the correct state since laws vary from state to state.

Good luck to you!

2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 17, 2020

Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.

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1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: Can the court demand I deliver belongings out of town to my 92yr old step father while I care for my 90yr old mom 24/7?

My step father attempted to kill my mother and was removed from the home by the police. He is now living out of town and his guardian has acquired a court order for me (step daughter) to deliver all of his belongings at my expense out of town . I’m currently my mothers only caregiver around the... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 7, 2020

Pretty much any time someone gets a court order without a chance for you to appear and contest the order before it is issued the court needs to allow a chance for you to object and ask for a hearing. However if you were given advance notice that someone was going to court to get such an order that... Read more »

2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: Can a man who's had a major stroke close out joint accounts and give away assets when he is married?

After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 7, 2020

You and your family are experiencing a very complicated elder law issue. I recommend you hire an experienced local elder law attorney to assist you. Your question cannot be answered online.

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2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: My sister is 1 of the trustees to our dads living trust which has 3 beneficiaries, myself, my brother &sister (trustee).

When I've asked her for an accounting of the trust she says "there's no money so there is no trust. Real property has been sold along with vehicals including recreation vehicals. Each beneficiary was to get 1/3 of his estate and upon his death was to distributed to us kids. He was... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 6, 2020

It is possible that your father never transferred his assets into his Trust. If, for example, his property was jointly held with his wife then it is not controlled by his Trust. I recommend you hire a local probate attorney who can write a demand letter to the Trustee(s) to try to determine... Read more »

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1 Answer | Asked in Elder Law and Public Benefits for Oregon on
Q: Funding of trips to take care of elderly aunt

My wife and I recently relocated from Portland to Palm Springs. For the past 4 years my wife has acted as the Power of Attorney for her elderly aunt who has no kids and only a brother and sister who have been unable to care for her. My wife coordinated the placement of her in a care facility as she... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 10, 2019

It's possible that Medicaid will see paying for your travel as a valid expense as long as it benefited your aunt and was not just for a visit. You will also have to check your Power of Attorney to make sure it authorizes you to make this kind of purchase. You would likely benefit from an... Read more »

2 Answers | Asked in Elder Law and Consumer Law for Oregon on
Q: Elderly manipulation

My father has an elderly friend that we believe is being manipulated by foreigners for money in a promise for a relationship. He might have spent tens of thousands if not hundreds to help a female make it to America for a relationship. This female seems to have multiple medical or other problems... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 18, 2019

This is a common scam and is considered elder financial abuse, most likely. You may call local law enforcement or adult protective services to report your concerns. You can also alert your father's friend's bank to be on the lookout for suspicious, large transactions. If your... Read more »

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1 Answer | Asked in Personal Injury, Elder Law, Landlord - Tenant and Libel & Slander for Oregon on
Q: I need an attorney.

I have been accused of violating my lease. They say they have me on camera. I have a signed statement from the man who actually committed the offense. I am 80 and in a wheelchair. I cannot take this harassment anymore. It is adversely affecting my health. I have been in Home Forward for 24... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 8, 2019

It is unclear whether this is still in an informal state of resolution or if you are being sued in court. Either way, you likely do indeed need the aid of a landlord-tenant attorney. Simply make an appointment to review everything with a local one and see where you go from there.

1 Answer | Asked in Elder Law and Landlord - Tenant for Oregon on
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

Oregon Revised Statutes 98-805

Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2018

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.

2 Answers | Asked in Elder Law, Civil Rights and Medical Malpractice for Oregon on
Q: My husband died, they declared him dead at 9:45AMFuneral home did not pick him up until 6:15 PM. Horrifying. Can I sue?
Gary Kollin
Gary Kollin answered on Sep 10, 2018

Any operson can always sue.

What are the damages?

What are the resons they did not come sooner?

Could you have called a different funeral home?

Who called and when?

Is the case of suffcient cvalue that an attorney would take it on a contingency fee basis?

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Oregon on
Q: Would I inherit my husband's rental properties (purchased via 1031 exchange after we married) if he expires?

After a divorce 5 years ago, Richard updated his Will, leaving everything to his adult children. We married 3 years ago, and he hasn't updated his Will or added my name to the two duplex rental property titles (except as 1% owner at time of purchase of the building which he/we bought with... Read more »

Michael P Vanderhoff
Michael P Vanderhoff answered on Jul 20, 2018

Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out... Read more »

1 Answer | Asked in Estate Planning, Collections and Elder Law for Oregon on
Q: Can money be garnished from my trust fund inheritance check when I cash it? If I owe student loan money?
Joanne Reisman
Joanne Reisman answered on Jun 29, 2018

To do a garnishment a creditor first has to have a judgment from the court. Then they have to serve garnishment papers on someone who has your property or money. So if you go somewhere to cash a check it is unlikely that your creditor would be aware of you doing this in time to serve garnishment... Read more »

4 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: There are 105 park models in our park-most with seniors on a fixed income. The lease was $380 4 years ago. Now it is up

to $550 with another 10% (compounded on the yearly increase) increase this year bringing it up to $605! We own our units. It is getting to the point that we cant even sell if we wanted out. We cant move our units and as the lease payment keeps increasing we cant sell or we would have to walk away.... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 7, 2018

Sorry but no, a lanadlord can raise the rent as much and as often as they wish so long as they give proper and lawfully served 90 day or more advanced notice, assuming you are on a month to month tenancy.

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