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Elder Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Elder Law for Mississippi on
Q: What type of lawyer specialty would held a client who had a 'Visiting Angles' caregiver steal from them?

Incident occured in Hattisburg, MS.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 17, 2021

Any Mississippi lawyer can help you with this issue; however, if you are alleging that someone stole from you or a family member, the thing to do would be to contact law enforcement to file a complaint with them so that an investigation and arrest can be completed. If you are looking to recoup the... Read more »

1 Answer | Asked in Elder Law for Wisconsin on
Q: My mother has dementia and no one to take care of her in Puerto Rico. I want to bring her to Wisconsin

What can I do? She apparently has a joint account with her partner that is hospitalized and will likely end up in a nursing home by his kids. We have no information about where anything goes as his family took that over.

Thomas B. Burton
Thomas B. Burton answered on Sep 17, 2021

Hello I am sorry to hear about this situation with your Mother. If she has a joint bank account with another person, then generally here in Wisconsin the last surviving person ends up as the owner of that account. In Wisconsin it is possible to name a "Payable on Death" or... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 15, 2021

This is not an elder law question. This is a real estate question. I would re-post it under real estate law or call and get the advice of a real estate lawyer.

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2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: My mother and I own a home jointly with a survivorship. My mother passed away, Can medicaid take my home?
Moshe Toron Esq
Moshe Toron Esq answered on Sep 14, 2021

Medicaid could put a lien on half of the house in order to recoup any funds they paid on behalf of your mother. This is assuming she was in a nursing home or received nursing home waiver services or received Medicaid benefits after age 55.

However, if you took care of your mother for 2...
Read more »

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1 Answer | Asked in Elder Law and Family Law for Indiana on
Q: Hi my husband is only child His mother given poa to nephew She has dementia They trying to put her in home

They are trying to put her in nursing home without notifying my husband.

Also they are trying to take her money out back

And sell her property. They are trying to keep it hush. Can they put her in home without his consent. Again he is only child.

Because while she was in... Read more »

Troy Tyson
Troy Tyson answered on Sep 14, 2021

Unfortunately your question is not clearly enough posed to give any type of substantive answer. It might be a good idea to sit down with an experience probate or family attorney, to discuss your case in detail and get the answers you are looking for.

1 Answer | Asked in Elder Law and Personal Injury for Nevada on
Q: It has taken almost 30 days for American Home shield to get air compressor fixed still broke is this legal?
Tim Akpinar
Tim Akpinar answered on Sep 13, 2021

A Nevada attorney could advise best. but your question remains open for two weeks. Until you're able to reach a local attorney, it could be worth noting that these types of settings are often governed provisions of the contract between the parties. Good luck

Tim Akpinar

2 Answers | Asked in Estate Planning and Elder Law for Ohio on
Q: When someone passes and there is no TOD or Will stating who a vehicle can go to.

Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?

Thank you Andrew Popp for your previous help.

Andrew Popp
Andrew Popp answered on Sep 13, 2021

No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.

https://codes.ohio.gov/ohio-revised-code/section-2106.18

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: If a married Sr Citizen passes & they have a vehicle only titled in their name.Can it be retitled in someone else's name

Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... Read more »

Andrew Popp
Andrew Popp answered on Sep 13, 2021

Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... Read more »

1 Answer | Asked in Family Law, Elder Law, Intellectual Property and Landlord - Tenant for California on
Q: Hi there, I'm sorry to bother you...I don’t know what to do…

… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »

Sally Bergman
Sally Bergman answered on Sep 10, 2021

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Puerto Rico on
Q: Im currently taking care of my Grandmother 95 and her brother 91. How do I go about becoming their legal guardian in pr

To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 2, 2021

The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: I have a question concerning a Durable Power of Attorney in the State of Florida.

I know a 71 year old male who I believe is suffering from alzheimer's disease. He signed a Durable POA to his former wife to act on his behalf. I believe she is taking advantage of him. She transferred both his condos to herself using quit claim deeds. She is also selling a storefront that he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2021

If his ex-wife is misusing the POA, the heirs may have remedies upon his death. If you have any idea who they may be (whether named in a will or next of kin and thus his heirs under the intestacy statutes), you might want to alert them.

1 Answer | Asked in Employment Law and Elder Law for Pennsylvania on
Q: My job is a caregiver

I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 25, 2021

It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... Read more »

1 Answer | Asked in Estate Planning and Elder Law on
Q: about simultaneous death of primary beneficary.

Decedent had a 60 day simultaneous death clause in his will. Beneficary died 20 days after decedent. Who gets money

Nina Whitehurst
Nina Whitehurst answered on Aug 22, 2021

It is impossible to answer your question without reviewing the will. In general, a beneficiary that does not survive the testator beyond the specified survivorship period is deemed to have predeceased the testator. A well-written will specifies who is next in line if a named beneficiary... Read more »

1 Answer | Asked in Elder Law and Family Law for Texas on
Q: I am caring for mother who lives out of state. If she goes home with me for a visit what are some consequences?

I do not have guardianship or POA. The visit will be for a few months. I am worried about a financial eldery abuse with my step brother if we stay in her home state.

Teri A. Walter
Teri A. Walter answered on Aug 20, 2021

Assuming your mother is competent and is going with you willingly, neither a guardianship nor a power of attorney is required. If you want to handle her financial affairs, she must be competent and sign a power of attorney allowing that.

1 Answer | Asked in Elder Law for California on
Q: Is there a limit to how much a long-term care service can increase its rate each year?

My senior family member is receiving 24 hour care services and recently received a 22% increase in the cost of his care.

James Edward Berge
James Edward Berge answered on Aug 20, 2021

No, there are no statutory limits. You should however review your contract with your healthcare provider and see if there are any notice requirements and/or any other limitations before a rate increase takes effect.

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Patents (Intellectual Property) for Louisiana on
Q: cost per year for a person being a curator for an interdicted person.

I am in need of a new curator to handle my money affairs as my present curator =daughter will not let me near my money=assets!

Who or what kind of company can take over this position? If a new curator can take over then about how much will this cost me the interdicted person?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2021

A bank, CPA, relative or attorney can be appointed as your Curator. There is no set fee.

1 Answer | Asked in Elder Law for Florida on
Q: As her POA in Florida, can I legally set up a prepayed cremation for my mother without her knowledge?

I want to set it up and pay for it myself. My mother would not want me spending my money on it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 19, 2021

Yes, what you do with your own money is none of your mother's business, and the POA you have has nothing to do with it.

1 Answer | Asked in Criminal Law, Estate Planning and Elder Law for Puerto Rico on
Q: How can I know if my father's eldest daughter claimed an inheritance left for my father, by his last sibling, in PR?

My father's eldest brother, who was unmarried with no children, passed away in 2016, leaving behind property & bank accounts. My father buried his brother and he and I began the process of Declaration of Inheritance, with a Lawyer in PR, from New York, where we live. My father paid the... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Aug 15, 2021

I don't know what happened with your dad's attorney, but that kind of situation could be easily researched. First, by making sure that the attorney is still in office, that is, if he has not passed away or perhaps migrated, as happened with a number of colleagues particularly after... Read more »

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Can I collected property from brother who is living and has signed will over to his stepson? Brothers wife is deceased.

Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.

Ivette Santaella
Ivette Santaella answered on Aug 10, 2021

Hello,

Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oregon on
Q: HELLO , I AM THE MIDDLE SON OF 3 SONS OF A 96 YEAR OLD WASHINGTON COUNTY , OREGON WOMAN .MY MOTHER IS CURRENTLY IN

....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?

Theressa Hollis
Theressa Hollis answered on Aug 9, 2021

If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... Read more »

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