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answered on Aug 9, 2023
If your mother-in-law (MIL) holds a Power of Attorney (POA) for her own mother, she has a legal duty to act in the best interests of her mother and make decisions that align with her mother's wishes and well-being. If your MIL is trying to force decision-making onto you and your wife against... View More 
Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?
answered on Aug 7, 2023
In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More
regards to me which I have never seen but has been 'scooted' past me for control and manipulation factors. I was told I can get a Revocation for my file.....Thank you.
answered on Aug 7, 2023
Just make out new POA documents, which will revoke all prior ones. You really want to create new potential proxies in the event something happens to you anyway. You can also write a simple statement revoking a specific person's proxy status effective as of a particular date, then send it... View More
My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More
answered on Aug 6, 2023
The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More
My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More
answered on Aug 6, 2023
The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Aug 5, 2023
No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.
You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Sep 1, 2023
In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):... View More
Caregiver cared for principal for 8 yrs. There was 3 caregivers but only one worked for principal for 8 yrs.
The one caregiver shores: running errands, take her to Dr's appointments, make sure meals were done daily, laundry keeping house clean, she worked 5 days per week.
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answered on Aug 4, 2023
Under California law, a caregiver may be entitled to severance pay if they were an employee and not an independent contractor. However, the specific circumstances of the employment, such as the terms of the employment contract, the reason for termination, and the total duration of employment, will... View More
I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case
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answered on Aug 4, 2023
The simplest answer is, "absolutely not"! It would help to know more about your case. Where is it, what is the charge, and when did the offense allegedly occur? I might be able to offer a little more advice with the additional information, but it's never a good idea to meet with law... View More
I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case
answered on Sep 3, 2023
Never speak with any police officer in a case where you're even merely a suspect or "a person of interest". Although your question is worded in a way that makes it largely unclear, what is clear is that you seem to be suffering from a very real misundertanding of your present... View More
My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More
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answered on Aug 4, 2023
Unfortunately this is likely a time to seek guardianship over your mother. If she is declining and isn't able to take care of herself, you will need to petition the probate court to obtain guardianship over her. If she refuses to see a doctor who can perform a competency exam, you will also... View More
My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More
answered on Aug 4, 2023
Check your local court web site for the information required for guardianships. Many courts post that on-line. Use the Find a Lawyer tab to retain a local attorney who handles guardianship cases and discuss the situation and what will be required, which might be complicated a bit because you... View More
A family trust was established but no one has a copy. The daughter is a co-signer on the bank account. I know the trust is now filed with Vanguard Law services in San Diego. I’ve asked the daughter to contact them to no avail.
My aunt is aware that in order to maintain her current living... View More
answered on Aug 1, 2023
Each Durable Power of Attorney ("DPOA") is written differently, so we would need to know if the DPOA goes into effect immediately upon being signed or only goes into effect if the person loses mental capacity (a physician would need to certify that that's the case.) Either way, when... View More
Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?
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answered on Aug 1, 2023
If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More
Called the cops I opened my br door 4 the police when they asked. But they arrest
ed me for a warrant I had. Well when I went to jail the owner of the house sons went in my room without permission when police arrested me. Isn't that illegal in Michigan
answered on Aug 1, 2023
Not necessarily. A lot will depend on the condition of the man you lived with and whether you can establish tenancy. It sounds like the man has some mental or age-related conditions going on, causing some concerns from his sons about his vulnerability. Regardless of your intentions, you do not want... View More
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answered on Jul 28, 2023
For mobilehome-related issues in California, you may need to consult with a real estate attorney who specializes in mobilehome law. These attorneys have expertise in handling legal matters related to mobilehome park tenancy, ownership, leasing, and other mobilehome-related disputes under California... View More
Also after she died, someone she knew took both of her vehicles and has refused to return them. I've called the police and they said I need a court order for them to retrieve them. How can I obtain one? Do I need to be in Texas to do so?
answered on Jul 25, 2023
You should hire a probate attorney in or near New Boston to probate your mother's estate. Since you reside out-of-state, you will need to designate someone in Texas as the registered agent for service on your behalf if you want to serve as the personal representative of her estate. Once you... View More
She stopped paying rent since my dad’s passing. She was asked to pay rent but has not. Can my mom serve her a 3 day notice?
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answered on Jul 19, 2023
In California, landlords have the right to evict tenants who fail to pay rent, even if they are family members. If your sister has not been fulfilling her rent obligations, your mom can take legal action to regain possession of the property. Your mom may be required to serve your sister with a... View More
She stopped paying rent since my dad’s passing. She was asked to pay rent but has not. Can my mom serve her a 3 day notice?
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answered on Jul 20, 2023
I am a Sacramento, California attorney. If your sister has not paid rent for over four years and your mom owns the house, your mom may have grounds to serve her a 3-day notice to pay rent or quit. A 3-day notice is a legal document that informs the tenant of their obligation to pay rent or vacate... View More
answered on Jul 18, 2023
It would be highly unusual for you to require the services of an attorney to change the beneficiary on your life insurance policy. Most reputable insurance companies have their own form for a change of beneficiary. A customer service representative for your life insurance company ought to be able... View More
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