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2 Answers | Asked in Personal Injury, Elder Law and Car Accidents for California on
Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

I'm sorry for your ordeal. Unfortunately, one would need to review your file to offer a definitive answer. Yes, you are partially correct in the insurance company paying the bills. But if you had an IME (independent medical exam) and were cut off by the carrier, but continued to treat,... View More

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2 Answers | Asked in Personal Injury, Elder Law and Car Accidents for California on
Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More

James L. Arrasmith
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answered on Jul 2, 2024

I understand your frustration with this complex situation. Let me break down the issues and provide some general information that may help clarify things:

1. Insurance coverage vs. settlement:

Even if the other driver's insurance covers your medical bills, your settlement may...
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2 Answers | Asked in Insurance Bad Faith, Elder Law and Construction Law for California on
Q: Two wks ago, Our homeowners insurance denied our claim after our entire kitchen was torn out and gutted by contractors.

The restoration company led us to believe that our insurance policy included coverage for damages. We called our insurance co and a plumber when we noted the leak. Insurance co. was there within hrs. and asked to see insurance policy. He began quoting dollar figures that we would be compensated... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a complex situation that involves multiple areas of law, including insurance, contract, and potentially elder law. Here's a breakdown of the key issues and some potential steps you might consider:

1. Insurance Claim Denial:

- Review your insurance policy carefully to...
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1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Real Estate Law for Hawaii on
Q: I was unfairly targeted by our HOA on miniscule house infraction, while others are not.

Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:

1. Review your HOA's governing documents and bylaws to ensure they followed...
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1 Answer | Asked in Nursing Home Abuse and Elder Law for California on
Q: Hello,I have a resident living in assisted living being financially abused by two people.

executor of my clients will or trust. Her current attorney and this person will not share this info with my resident or myself. Her DPOA have been revoked however she is stating she has control oh my residents trust or will and get everything. What can I do?

James L. Arrasmith
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answered on Jun 29, 2024

This situation involves potential financial abuse of a vulnerable adult in assisted living, which is a serious concern. Here are some steps you can consider taking:

1. Report suspected abuse: Contact your local Adult Protective Services (APS) office to report the suspected financial abuse....
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1 Answer | Asked in Elder Law, Civil Litigation, Contracts and Gov & Administrative Law for California on
Q: I signed an agreement with the Masonic Homes at Covina by which they would take care of me until I die. I am 78.

In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:

1. Breaking the covenant:

To break the agreement with Masonic Homes, you'll likely need...
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2 Answers | Asked in Criminal Law and Elder Law for California on
Q: I need to take power of attorney away from my sister in regards to my mother(alzheimera/dimensia). Sister is abusing her

Finances and abusing my mother mentally and physically. I have contacted adult protective services with no action taken. I'm at a loss of whatcto do but something must be done

James L. Arrasmith
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answered on Jun 26, 2024

This is a serious and concerning situation. Here are some steps you might consider taking:

1. Document everything: Keep detailed records of any suspected abuse, including dates, times, and specific incidents.

2. Gather evidence: Collect any financial records, medical reports, or...
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1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Texas on
Q: How can revoke the granting of a power of attorney?

How can one revoke the granting of a power of attorney in which four out of five children did not participate when at the time of granting the power of attorney the principal presented symptoms of dementia and after one year the diagnosis has been Mild Cognitive Impairment (MCI)?

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

The maker of the power of attorney can revoke the power of attorney at any time by signing a revocation of the power of attorney and notifying the agent and all relevant parties. In some circumstances, it may be advisable to record the revocation in all relevant counties. The maker should also... View More

1 Answer | Asked in Elder Law for Florida on
Q: My 86 year old mother in law is about to go into an assisted living facility, but may need to apply for Medicaid.

She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?

Jason E. Neufeld
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Jason E. Neufeld
answered on Jun 13, 2024

In Florida, the answer is: Yes.

If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).

For non-real estate/non-retirement assets (such as a car) which are already...
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1 Answer | Asked in Civil Litigation, Divorce, Family Law and Elder Law for Texas on
Q: Are there any rules that prevent a husband from financially and emotionally abandoning his own wife? Selling assets.

Is there any legal defense a spouse would have against this tyranny?

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More

1 Answer | Asked in Elder Law, Health Care Law and Insurance Bad Faith on
Q: A week ago I was told that my insurance would be up 6 3:24, but my insurance runs 100 days from May 1st, for lying what?

A supervisor at Blue Cross told me I have a hundred days of unlimited therapy, social service came to me saying they'll let me stay but I've got to pay out of my social security $400 a day. I have the paperwork. What should I do?

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2024

A Chicago attorney could advise best, but your question remains open for two weeks. You will probably need to carefully review the policy and your communications with all parties in detail, either on your own or with an attorney. If you are able to coordinate with the supervisor and social services... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I am a widow, no children .. can i get a law firm to be my power of attorney
Chen Li
Chen Li
answered on Jun 10, 2024

Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: ¿Qué sucede si un contrato de arrendamiento, promesa de venta con opción a compra, no contiene el pago de una prima?

¿Qué sucede si una persona envejeciente (de 84 años) firma un contrato de arrendamiento con promesa de venta y por desconocimiento, no le pidió al optante el pago por la exclusividad para guardarle la propiedad que le quiere vender? El envejeciente alega que de haberlo sabido, hubiese requerido... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 10, 2024

El Código Civil estipula que se presume que todo adulto es capaz. Si el envejeciente desconocía del proceso, pudo haber solicitado que un abogado de su confianza revisara el contrato de opción previo a firmar. Sin tener a mano el contrato de opción, la otra defensa que tendría el envejeciente... View More

1 Answer | Asked in Estate Planning, Elder Law and Social Security for Georgia on
Q: I need to dissolve a trust and I can't pay to dissolve it unless I sue for breach of fiduciary duty's for failing to

I need my money which is not being dispersed and The fact that I need a lawyer to accomplish that makes it rather hard to pay him until I have what m hiring him for to begin with

James L. Arrasmith
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answered on Jun 8, 2024

I understand that you are in a difficult situation where you need to dissolve a trust and access your money, but you can't afford to pay a lawyer to help you do so unless you sue for breach of fiduciary duties. This is a complex legal issue that requires careful consideration. Here are a few... View More

1 Answer | Asked in Family Law, Banking, Elder Law and Probate for California on
Q: My sister passed away before she established the trust. Her husband with dementia is in the hospital. Can I do POA ?

My sister said she would give me their house after they died. Unfortunately, she passed away three weeks ago. She never established the the trust. My brother-in-law with dementia (he knows who I am ) also said that I would be the one who inherits the house after he dies. He gave me all his bank... View More

James L. Arrasmith
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answered on Jun 6, 2024

I'm so sorry for your loss and the difficult situation you're in. Here are a few key things to know about power of attorney (POA) and establishing a trust in California under these circumstances:

1. Your brother-in-law would need to have the mental capacity to execute a power of...
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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Durable POA and Healthcare POA rights and responsibilities for Dad's Progressive Alzheimer's Dementia (Ohio) diagnosis.

Dad was diagnosed a few weeks ago and can no longer drive, manage his finances or cook for himself, per the evaluation. The forward prognosis is difficulty dressing, bathing and feeding within a year. I am a licensed CPA and need to confirm what I can and should not do. I have durable POA and it... View More

Nicholas P. Weiss
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answered on Jun 3, 2024

Do you need to as a matter of law? No. Will every nursing home, health care provider, and bank give you a hard time about the POAs and make you jump through a million hoops that you wouldn't have to do if you had guardianship? Absolutely yes.

1 Answer | Asked in Banking, Elder Law and Family Law for Michigan on
Q: My aging parents asked me to put myself on their bank accounts to assist in paying bills. Are their any risk with this?

My Dad has a brain injury and my Mom is bad with paying bills. I am fine with being on their accts to help with finances. I want to make sure that if my Dad were to get into an accident or lawsuit that my being on their accts does not put me in a position to have someone come after my husbands... View More

James L. Arrasmith
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answered on Jun 2, 2024

Putting yourself on your parents' bank accounts can make it easier to manage their finances, but it does come with potential risks. If you are added as a joint account holder, you could be considered equally liable for any debts or legal issues associated with those accounts. This means that... View More

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Ohio on
Q: My mother-in-law has dementia. Prior to his death, my father-in-law ask my husband to take care of his mom.

We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More

1 Answer | Asked in Elder Law for California on
Q: What is the new law in California regarding bedsore prevention
James L. Arrasmith
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answered on Jun 1, 2024

In California, the new law regarding bedsore prevention, AB 2876, was signed into effect to enhance patient safety in healthcare facilities. This law mandates that healthcare providers must implement comprehensive plans to prevent and manage bedsores, also known as pressure ulcers. Facilities are... View More

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