My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?
More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5...View More
My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be... View More
I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part....View More
if your stepdad made a promise to provide funds for the care of his disabled wife and is now refusing to fulfill that agreement, you may have legal options such as pursuing a breach of contract claim or seeking a resolution through mediation or negotiation.
You will need to hire an attorney to file a Boundary Dispute. If you do not, then you will acquiesce to the new fence line as the boundary between the two adjacent properties despite the two legal descriptions. I doubt that you will be awarded any money, but you risk losing land.
Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.
On another note, many states have a statute that...View More
My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... View More
My uncle with POA over my father moved my dad to nursing home and removed over 100k worth of equipment from my dads home and sold it. I am the sole beneficiary of the estate. We now have buy new equipment to take care of the property. POA told us that it was for his medical care. Money was never... View More
Fro your side of the story it does appear that your uncle misappropriated funds. The law does provide legal remedies for those aggrieved by such behavior. You will need to fire an attorney and most likely pay a hefty retainer. If your uncle is collectible and sufficient dollars gone missing are...View More
No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a...View More
There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said...View More
My elderly mom sold her condo last year, which closed on Sept. 10. After closing, the HOA president put in a new garage door unit, which was not requested by the new owner. The garage door was functioning just fine upon move out. But now the HOA is coming after my mom for $500+ for the cost of... View More
We are in our late sixties and our estate consists of the equity in our mortgaged homes and life insurance to be divided between three children. Our daughter and granddaughter live in one home and we live in the other. Our goal is to avoid probate and while we plan to age at home, doing this may... View More
Not sure if there is a dementia diagnosis or not - insurance will cover but can the other party sue the driver/family and take everything? What is the history of lawsuits in this regard? Reviewing NC DMV website - MD has not reported to DMV any concerns about this person.
The driver and his doctor may have exposure if the person is a danger. If they are, the family have a moral duty to reign them in.
As far as assets, it depends on the state, if there's a spouse, etc. Can the person be sued?Any person can. Best protection is get a large policy. the...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.