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Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: "Sane" mother refusing all healthcare, what can we do? Will family caregiver be in trouble if something happens to mom?

Mothers already bad health is rapidly declining and she refuses to be taken to any Dr. My sis lives with her and tries to care for her but mom is being extremely difficult and we are afraid my sister will be in legal trouble for not getting her help, if she dies. All of our family has tried every... Read more »

David Humphreys
David Humphreys answered on Feb 1, 2020

Hire an elder law attorney for a consultation. Call her doctor and report what is happening. Talk to her and ask her why she doesn’t want to live. Tell her how it makes you feel that she doesn’t want to live.

Get real.

1 Answer | Asked in Probate, Elder Law and Estate Planning for Virginia on
Q: Our mom passed a few months and I was shocked to learn that my older brother had been taking money from her account

And even her home equity line of credit. I was only made aware because I am the executor of her estate. And they hadn't had any payments. What can I do? All 3 son's was beneficiaries on her accounts.

Richard Sternberg
Richard Sternberg answered on Jan 30, 2020

It is probably a good idea to review the facts with a lawyer. It might be that your brother had the right to do that, or he might have been abusing your mother by stealing her money and stealing from the estate. You may be able to collect it back from him or take it as a credit against his... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: My elderly mother has dementia, her house has deteriorated, I was wondering what the mortgage lender could do legally?
Isaac Shutt
Isaac Shutt answered on Jan 29, 2020

As long as the mortgage payments are current, there should not be a problem. The biggest thing for them is simply that they get their money. If your mother can't afford to make the payments, then you'll either need to help her refinance the mortgage or sell the property.

2 Answers | Asked in Elder Law for Texas on
Q: Can anyone give me information on what to do about elder mother not able to live alone. I live in Tx

I live in Tx. with my mother who is 84 and I know she has some form of dementia but hasn't been diagnosed by a specialist. I can't get her to go to the neurologist even though her regular dr wanted her to be evaluated. She needs help either needs to be placed in a home or something. I have... Read more »

Isaac Shutt
Isaac Shutt answered on Jan 28, 2020

First of all, I'm sorry you're in this position. My heart always goes out to people assisting a parent with memory or other cognitive problems. It is very tough.

I recommend calling Adult Protective Services ("APS") and the Department of Aging and Disability Services ("DADS"). Do an...
Read more »

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Minnesota on
Q: Need a lawyer for neglect and Financial Explotation of vulnerable adult. He's his own gaurdian, but needs advocate.
Corwin Kruse
Corwin Kruse answered on Jan 27, 2020

You will need an attorney who specializes in Estates, Trusts, and Probate.

1 Answer | Asked in Elder Law, Probate and Estate Planning for Puerto Rico on
Q: My dad past away in Puerto Rico. He had joint ownership of their home and bank accounts with my mom. My mom seemed leg

Seeked Legal advice and handed checks over to this lawyer that were in both her name and my dad’s. That was 5 years ago and now the atty is avoiding my mom and has all her accounts frozen. The atty is also avoiding my calls. It is a large amount of money and my mom has not received a dime of... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 23, 2020

Hello and thank you for using Justia. You will need to create an Estate for your beloved Father and do a declaration of Inheritors in a Court process. Once the Court has issued the decrece declaring the inheritors , the next step is to file the Estate's Inheritance tax return. This will create a... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Elder Law for Florida on
Q: Thank you please tellm theres any laws In Puerto rico that obligate daughters to be responsible for the erdely father,
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 23, 2020

Most Florida lawyers are NOT from Puerto Rico and thus have no idea what the laws of Puerto Rico have to say about the obligations of children to be responsible for their elderly father. Search for a Florida lawyer who advertises their ability to practice in Puerto Rico.

1 Answer | Asked in Elder Law for Texas on
Q: I am 80 years old, what are the pros and cons of selling my home, putting the cash in the bank, and renting a home?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

Given your age, this largely turns on (1) whether you are one of the over 70% of Texans who must apply for Medicaid to pay for long term care and (2) whether you are willing to enter a Medicaid nursing home in order to preserve the home for your spouse, child or whomever else you want to leave it... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
Richard Winblad answered on Jan 21, 2020

Aside from a physical search you might try:

https://eapps.naic.org/life-policy-locator/#/welcome

1 Answer | Asked in Elder Law and International Law for Texas on
Q: What practice area would apply to an international high dollar love scam regarding an USA elder man and foreign lady
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

This is elder exploitation, handled by some elder lawyers and investigated by the FBI.

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: In Alabama, what does the DR stand for in Case number DR2019-77
Jack T. Carney
Jack T. Carney answered on Jan 20, 2020

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 19, 2020

You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Iowa on
Q: my sister had moms will and life policies changed omitting me. Mom has dementia. Is this legal?

Mom accured dementia after my youngest brother passed. Thats when my sister had her name listed as executor and POA.

Erik Luthens
Erik Luthens answered on Jan 19, 2020

Until your mother actually dies, the terms of her will are of nobody’s business except hers. Whether the POA was properly obtained is a matter that needs to be evaluated by an Iowa attorney who practices in estate planning and/or civil litigation.

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I transfer my dads guardianship from california to texas. We have already moved and I have guardianship of him .

He lives with me and I am his caregiver

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You will need to hire an attorney who handles guardianships to assist you with this. It is going to require petitioning the Courts in both CA and Texas.

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2 Answers | Asked in Elder Law for Oklahoma on
Q: Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states

MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.

Richard Winblad
Richard Winblad answered on Jan 16, 2020

Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My mother is mentally disabled. She is 55yo and lives in PR in a 24/7 facility. I would like legal guardianship in FL.

What would be my steps?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Was she mentally disabled when she entered the facility? Under whose authority was she put in the facility? Contact that person. When you get her to Florida, you would file a petition here in Florida. But in general, until she gets to Florida, you would need to ask your question in Justia >... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: Need an elder law specialist in the Austin TX area that can answer: *How can a spouse assume control of all finances?

Situation: Both spouses are disabled, husband is a vet with dementia, wife is able bodied but has health issues as well.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

The wife can apply to become Community Administrator. Note that this gives her control of all the community property but not of her husband's separate property, if any. If he has not named her his agent under a Durable Power of Attorney, she will need to become his guardian to control any... Read more »

1 Answer | Asked in Elder Law and Health Care Law for New York on
Q: CDPAP, if PA's are independent contractors, why do FI's withhold taxes? CDPAPvs. Zucker,10/11/19, what was decided?

In the matter of CDPAPvs. Zucker,10/11/19

in layman's terms, what was decided?

Does this decision affect the status of the PA as an independent contractor vs. an employee?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 14, 2020

The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.

This had nothing to do with...
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1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Tennessee on
Q: What is the extent of Filial Law in Indiana?

My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... Read more »

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