Mother & father are settlors, primary beneficiaries, & co-trustees. Mother has been incapacitated. Father has been grossly negligent in his fiduciary duties as co-trustee. He has withdrawn/spent large amounts from the trust for his own benefit & didn't use any of the withdrawals for mother. Father... Read more »
The rights of an incapacitated co-trustee of a revocable living trust depend on what the trust document says. Most revocable living trust documents state that the co-trustee, in this case the husband, shall make all decisions in that event. Similarly, most revocable living trust documents state...Read more »
Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »
Having a POA does not stop the State from removing someone if they believe they are in danger. As I suggested before, you should immediately contact an elder law attorney who does guardianships as well.
If a person's dementia has progressed to the point that she lacks legal capacity to contract, the contract is void and the attempt to profit from it is exploitation of an elderly person, a first degree felony in Texas. Contact APS.
Prior before Hurricane Harvey I took care of my father but after the storm my older siblings to him back to Omaha they were going to care for him in their home. However he was placed in an Assisted Living Facility, I now have a brand new home I'm fully capable of taking care of him. What steps can... Read more »
In Texas the home is not counted in determining eligibility for nursing home Medicaid. There is no need to remove the clause granting your mother a lifetime estate. Giving up that lifetime estate, however, could be seen as gifting the people who have the remainder interest (you and your brother)....Read more »
She was discharged to my husband, 61 and had a heart attack and is unemployed and me 63 on medical disability. Needs total assistance with all ADL's. No discharge summary no Plan of care. We were financial unable to cover the cost of the nursing home. She has outlived her money to pay. Between her... Read more »
It appears that the nursing home would have done better to advise you to apply for Medicaid. Although Texas is one of 13 states with an income cap ($2,313 in 2019), under federal law an applicant can still qualify by establishing a Qualified Income Trust a/k/a a Miller Trust. This is basically a...Read more »
I have spent more than 50% of the last year helping my parents I live in CA they live in Tx. Its been exhausting. My younger sis lives 3 hrs away has visited couple hrs last year. Dad has lasbestos lawsuit going. She had originally called the attorney. My dad and I called to get updatessince... Read more »
Please note that Medicaid varies from state to state. If you are concerned about MediCal, you might want to try the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
No. The bill is your mother's bill and the bill of her estate. There may be a problem if the nursing home got someone to sign your mother in as "personal representative" : that makes them personally responsible for her bill. Although the practice is illegal, it is widespread. If this has...Read more »
If you sell your home to your daughter, she, not you, will be entitled to the homeowner's exemption. Unless she is 65 or older, the elderly person's exemption will be lost. She could kick you out. She could lose the home to creditors or predators and they could kick you out.
My stepbrother has been mostly out of the picture and not present in my stepmoms life for over 30 years, only contacting her for Christmas, her birthday and mother’s day. She was diagnosed with dementia and he immediately got her to sign medical POA to him behind my dads back and now he has... Read more »
In 2015 my Dad's wife said he had Alzheimer's so I would watch him at my apartment while she was at work because she said couldn't leave him at home by himself. His wife remarried him right after she found out he was getting a disability settlement from the VA. As soon as Dad got the money she... Read more »
Few lawyers can guesstimate the difficulty. So much depends on the documents, the witnesses, etc. If you would like to ask a local elder lawyer who litigates elder fraud to discuss the possibilities with you, please use the Find a Lawyer function on the website of the National Academy of Elder...Read more »
Evicting a residential tenant requires authority. If the caregiver is living with your family member and was invited to do so by your family member or someone speaking for your family member, then the caregiver is a tenant at will and his or her tenancy can be ended by your family member or...Read more »
We are currently in a APS/CPS involving this niece and my parent. The police were involved since child neglect is an issue. My mother is 84 yrs old n disabled. Sarah leaves her children, 1-3 children per incident w her on a regular basis.
I need to keep her away from my parent for her... Read more »
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