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Elder Law Questions & Answers
1 Answer | Asked in Elder Law for California on
Q: My mother in-law needs to be confined to a locked facility how do I help my wife file conservatership

What does my wife need to prove to the court and what is the best type of evidence for my wife to provide the courts to show the that her mother needs to be confined for her safety and the safety of others(her mother has he her liscenae revoked but still drives when she shouldn’t she stops in the... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Dec 4, 2020

A Conservatorship is filed in the County where she lives. You can ask the judge for special powers to put her in a facility where she can be kept from wandering, but your doctor has to support it and the judge won't want to do it unless it really is the best thing for Mom; the same procedure... Read more »

2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

Aaron Epling
Aaron Epling answered on Dec 2, 2020

Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »

Victor M. Feraru
Victor M. Feraru answered on Dec 1, 2020

Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.

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1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for South Dakota on
Q: Do I have Grounds to sue

So I went to the nursing home where my grandma was staying cause my mom got a call from the hospital saying my grandma was in the hospital and she needed her c-pap machine so I drove to Mitchell SD and got to firesteel and they told me they couldn't find it that her room was empty and that... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A South Dakota attorney could answer best, but your question remains open for two weeks. Some things aren't fully clear from the description, but the bottom line seems to be that you had a real ordeal and runaround in trying to arrange an oxygen machine for your grandmother, and to compound... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: What does "Responsible Party" mean legally on an assisted living application? Are an elder's children's assets at risk?

Our Wisconsin resident Mom's husband just died and we children are about to place her in assisted living.

She has assets to pay for her care for three years or so and can partial pay (a small pension and social security and veteran's benefits) after that. But if she lives long... Read more »

Thomas B. Burton
Thomas B. Burton answered on Dec 1, 2020

The meaning of the term "Responsible Party" should be defined by the terms of the contract the Assisted Living Facility is asking you to sign. If it is not defined in the contract, I recommend asking them for the definition before signing and I would be very cautious about signing this... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: I live in Maryland, my parents are moving into assisted living, how do I protect their assets?

My father's health is deteriorating more than my mother's and I'm afraid the he may be headed for a nursing home soon. His health situation just came about within the last year so we are within the dreaded 5yrs penalty. I am the power of attorney but all his assets are still in his... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

Consult with a local experienced estate planning attorney to map out the best course of action for your parents.

4 Answers | Asked in Elder Law, Nursing Home Abuse and Personal Injury for California on
Q: Senior Living Home Negligence

My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 24, 2020

Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..

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1 Answer | Asked in Civil Rights and Elder Law for California on
Q: I live in a local HOA and have placed 5 political signs in my front yard.

Today, I received a letter from the HOA stating that i need to remove the signs now, as the election is over. Note: The election is not over yet until all states certify the election and/or legal action is completed and decisions are rendered in all states and electoral college. I believe this... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 23, 2020

This is a common refrain one keeps hearing about local HOA, i.e. that they continue to interfere with our personal freedoms in some fashion or another. The present issue lies in the fact that you do not consider the election "over" yet. It is only a matter of semantics, because for all... Read more »

1 Answer | Asked in Business Formation, Criminal Law, Elder Law and Federal Crimes for California on
Q: The Law is very clear on conspiracy well my family when my father died they had this fami;ly meeting that didnt includem

well they had a family meetinmg they didnt want me to know about he told a sister under me to carry out all the eveil things they all agreeed on they abandoned me she went on the bribe all my friends she bribed my two daughters they stole my identity it took me over a year just two get my dvr... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info would be helpful but i don't handle this type of case.

type up an easy to read summary and then call lawyers in your area.

the way you describe it I think many lawyers would be scared off.....

1 Answer | Asked in Elder Law for California on
Q: Do we have an elder financial abuse case?

My dad is a 83 years widower and recently met a female who became his best friend. They have developed an intimacy relationship over the past months. I recently found out that my dad lent his female friend $210,000 in the past few months without a promissory note. According to my dad, his female... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 23, 2020

This question appears to be requesting a legal opinion. That is normally done within an attorney-client relationship. Based on the limited fact statement above there seems to be a problem. An attorney might be able advise your whether you have standing to do anything about it even if your father... Read more »

1 Answer | Asked in Elder Law, Family Law and Libel & Slander for Wisconsin on
Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 22, 2020

To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to... Read more »

1 Answer | Asked in Elder Law, Personal Injury, Products Liability and Real Estate Law for Georgia on
Q: I want to install a wheelchair lift in my home in place of the stairs. Is this allowable or do I still need stairs?

I am going to purchase the lift from a dealer. Have it professionally installed and enclose it. This will be for a 2 story residential dwelling. I will get it inspected. The question really is do I still have a stair requirement?

What are the laws for selling aftward

Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A Georgia attorney could advise best, but your question remains open for four weeks. If you are unable to consult with an attorney on this, a Georgia architect could possibly offer guidance about where to research building codes, fire safety codes, or other applicable statutory authority. Good luck... Read more »

1 Answer | Asked in Constitutional Law, Elder Law and Government Contracts for Florida on
Q: Can public housing move me to a handicap apartment and I'm not handicap?
Charles M.  Baron
Charles M. Baron answered on Nov 19, 2020

You have not specified why that would be harmful to you. I would imagine that an apartment for the handicapped would have more benefits than a regular apartment, not less (for example, a larger bathroom and being on the ground floor), but I have no familiarity with it. You also have not specified... Read more »

2 Answers | Asked in Elder Law for California on
Q: My mother is 88 years old she was living in a building for elderly citizens, where there was harassment by the manager

this went on police were call. citizens of this building are scared of him, she had to move out last week we need to file a restraining order because they have her new address. We are filing a law suite for damages she was also hospitalize in the time that she was living there, he does not do his... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 19, 2020

Terribly sorry to hear your mother was treated this way, Elder Abuse is as bad as Child Abuse, because Elders often cannot protect themselves. You need to contact a local attorney that deals in Elder Abuse right away, he can assist you to obtain the relief you need for your mother. You should... Read more »

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1 Answer | Asked in Elder Law for Tennessee on
Q: Help with mother's estate

My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2020

This is the Tennessee side of Justia. Ask for help from Mississippi attorneys.

1 Answer | Asked in Elder Law, Environmental, Personal Injury and Real Estate Law for Kentucky on
Q: Is the owner of a mobile home park responsible for draining water directly under my mobile home, causing black mold?

There are french lines draining water from the top of the park directly under my mobile home going from N to S, and also from the top of a high hill going under my home going W to E. They're visible, I have a swamp under my mobile home, which I own, and it is damaged by black mold due to this... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Kentucky attorney could advise best, but your post remains open for four weeks. At this point you could reach out to attorneys to discuss in greater detail. If you gathered your medical records, that would be valuable in a legal consult. If the engineer provided you with a report, that could also... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Can Tenncare estate recovery take part of my mother’s house proceeds if she wants to sell?

My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Florida on
Q: My mom moved in with me so I could take care of her as she does not want to go into a home. She paid off my mortgage.

and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... Read more »

Jason E. Neufeld
Jason E. Neufeld answered on Nov 12, 2020

Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.

2 Answers | Asked in Elder Law for Florida on
Q: I recently bought a home with my grandmother and now i must put her in a nursing home can medicaid take my house?

The house is in both of our names. Im wondering how much power medicaid could have over my house

Jason E. Neufeld
Jason E. Neufeld answered on Nov 12, 2020

If it is your and your grandmother's homestead and, especially if you and grandma own is as "joint tenants with rights of survivorship," then the house will be safe from Medicaid and probate.

You may enjoy these other relevant articles:...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his

My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his girlfriends kids, how can we stop this? My Dad telling me that we will not get anything or only get what he owe on. What can be done? My Dad lives in Ohio.

Aaron Epling
Aaron Epling answered on Nov 10, 2020

If he is incompetent, then you can apply to be his guardian and take control over his finances. You could also notify his bank that you believe he's incompetent or under undue influence. If he's competent and not under undue influence, then your options are very limited.

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