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Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Pennsylvania on
Q: My grandma was diagnosed with dementia can she sign her house and property over to mr so that state doesn't take it.

I was told if she was put in a home that the state would take the property and whatever is in her bank account. It is in her will that the house and the property goes to me and my brother l, but if her Dr. Says she needs to be put in a home, I was told the state will take the property. So I wanted... Read more »

John Rafferty
John Rafferty answered on Oct 14, 2020

If she was diagnosed with dementia, then although she will logistically be able to sign title over, the conveyance will be subject to reversal, on the theory that she lacked cognitive capacity at the time of the conveyance, to convey title. For that reason, it's important you look at any... Read more »

1 Answer | Asked in Elder Law for California on
Q: Is it wrong for my father in law to be in an assisted living home?

I have a durable poa for my father in law and his grandson has medical poa. He put my father in law in an assisted living home and is paying by writing check from his social security checks every month. I did not know or approve of this procedure ans from what i understand i am supposed to agree... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

If you are not pleased with the situation, you need to file for a conservatorship, either of the person or property of your F-I-L. It isn't an easy procedure, you will need a Guardianship/Conservatorship/estate attorney. This will give the Court jurisdiction over the way father's social... Read more »

1 Answer | Asked in Civil Litigation and Elder Law for Florida on
Q: Does domestic violence have to be physical or can it also be psychological. That is what our son has done to us
Charles M.  Baron
Charles M. Baron answered on Oct 12, 2020

I assume you are talking about an adult son, not a minor, and I assume you are wondering if you can obtain a restraining order to keep him away from you. If this is not the case, it's best to re-word your inquiry and re-post. There are limited types of NON-physical contact that warrant the... Read more »

1 Answer | Asked in Tax Law and Elder Law for Texas on
Q: Can a Quitclaim deed be used to take my husband's name off of our second home?

Eight years ago, my husband (now 80 years old) and I (71 years old) bought a second house for our adult daughter to live in. Her disabilities are getting worse and I now live with her to help. My husband lives in our original home a mile away. The increases in property taxes here in Tarrant... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 12, 2020

A quit claim deed does not transfer title.

But a spouse can gift another spouse using either a General Warranty Deed or a Special Warranty Deed, depending on whether the underlying deed is a General Warranty Deed or a Special Warranty Deed.

You do need a lawyer to draft the deed...
Read more »

1 Answer | Asked in Elder Law and Legal Malpractice for Colorado on
Q: If I send an attorney an email is it the same as sending a letter certified mail

Where or how do I get my answers

Tim Akpinar
Tim Akpinar answered on Oct 11, 2020

A Colorado attorney could advise best, but your question remains open for four weeks. As a GENERAL matter, email could provide proof that a communication was sent. Whether it is given identical treatment could depend on the context and setting. In the Federal Rules of Civil Procedure, there is... Read more »

1 Answer | Asked in Estate Planning, Elder Law, Public Benefits and Social Security for Maryland on
Q: 64, disabled, and on SSI and Medicare/Medicaid. About to inherit about $50,000. How can I avoid losing benefits?

Dad's original will set up a Special Needs Trust with all funds just for me. He later amended the will so funds are immediately disbursed among each of the children. I think I'm in a bind and don't want to lose my only income source as well as my health insurance due to having... Read more »

Mark Oakley
Mark Oakley answered on Oct 7, 2020

You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... Read more »

1 Answer | Asked in Elder Law for Michigan on
Q: My Mother lives in AL in Ohio, 99 yrs old. There is division about moving her out. She does not want to move.

POA and Health proxy want to move her. Do they have the power to do that against the rest of us?

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

Likely yes; the POA or patient advocate designation gives them the ability to make those sort of decisions. If your mother is of sound mind, she could refuse or appoint others to act on her behalf. If not, then the move would likely happen. Once POAs or patient advocates go into effect, it's... Read more »

1 Answer | Asked in Family Law, Banking and Elder Law for Michigan on
Q: A deposit was made to joint acct, one member dec'd, thought deposit was a benefit or payment due to me as executor

didn't know if it was reverse mtge or life or whatever, it continued past his death till last month. I was on the acct way before the death. Is this a criminal error?

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

So what was the deposit for? It's probably not criminal but you may need to repay it to whomever made the deposit at some point.

1 Answer | Asked in Criminal Law, Banking, Elder Law and Legal Malpractice for Louisiana on
Q: As private caretaker of elderly client, children are accusing me of extorting the dad. He wrote checks from his personal

All that was written and allowed were verified by bank each time by account holder

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 4, 2020

If you are getting anything as a private caretaker, it should not exceed an hourly wage or weekly salary.

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 for North Carolina on
Q: If my mother's Will states that she is to be cremated but was buried can I have her body Exchumed and cremated?
Ben Corcoran
Ben Corcoran answered on Oct 1, 2020

The Will is normally not controlling on burial matters as the body is not normally considered part of the estate. It is possible to get a permit to exhume a body but it is not a simple process. You should contact a lawyer near where your mother is buried to get a more specific opinion as to what... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Elder Law and Landlord - Tenant for Ohio on
Q: Any options to break a lease who can no longer stay independent due to falls, hospitalizations, etc?

After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.

2 Answers | Asked in Elder Law and Probate for New York on
Q: In NY state is a durable power of attorney that has been signed by two witnesses but not notarized valid?

The Principal is currently incapacitated. Principal and agent signed and 2 witnesses signed.

Michael David Siegel
Michael David Siegel answered on Sep 30, 2020

No. The form must be completed as required.

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1 Answer | Asked in Elder Law, Health Care Law, Personal Injury and Landlord - Tenant for Hawaii on
Q: How do you care for the elderly in your home And Keep out Dept of Health interferes.

Rental agreement is used by a caregiver/ lessor and residents/ tenants to make it legal but now Dept of Health creates all kind of rules . How do we protect ourselves from all this.

Tim Akpinar
Tim Akpinar answered on Sep 30, 2020

A Hawaii attorney could advise best, but your question remains open for four weeks. One option, which you likely already realize, could be to sit down with a local attorney familiar with the new laws and identify issues that could arise in the future. You could also contact social workers and... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: What type of attorney to handle elder financial abuse?

My sister appointed a family member as her POA when she was living in assisted living. My sister now lives with family and want to reclaim her independence. The POA never kept her in the loop on any financial matter, has her financial accounts set up so she can’t gain access easily and my sister... Read more »

Mark Oakley
Mark Oakley answered on Sep 26, 2020

Call a lawyer. Have the lawyer contact the State’s Attorney’s Office, and have them indict your sister or issue a warrant for your sister’s arrest and prosecution for elder abuse, embezzlement and theft.

3 Answers | Asked in Elder Law and Estate Planning for California on
Q: My 89 year old father (widower) in Arizona wants to set up a living trust for his mobile home and car.

My father still has a small mortgage on the home. He already has a Will and Durable POA. He is interested in creating a mechanism such as a living trust by which his home and minivan can be transferred to me as his sole heir without the necessity of the property going through probate. His Will... Read more »

Jonathan Purcell
Jonathan Purcell answered on Sep 25, 2020

I'm not familiar with Arizona laws. A quick internet search reveals that Arizona has a form for beneficiary designation of automobiles. Please refer to the link below.

https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf

Jonathan Purcell is a California Attorney. This...
Read more »

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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 »

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.

Ilana Sharpe
Ilana Sharpe answered on Sep 23, 2020

I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: Do Elder Law attorneys deal with financial and isolation abuse of an elderly family member?

If I have these suspicions, should the police get involved first, or should I consult with an attorney first? I no longer have access to current financial records and the elderly woman would probably deny any abuse.

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 21, 2020

You can make an online report to Adult Protective Services. You can also find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).

2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.

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