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North Carolina register of deeds has her home address listed as brothers Fl address. He does not talk to me or let me or my child or grandchildren talk to Mom. I'm not sure if she actually lives in Fl or NC. What state would I file for guardianship in. He does not know I am aware of the NC... View More
answered on Jan 24, 2018
Typically, you file it where Is physically located so she can be evaluated by the court’s experts
My parents have 2 sources of income (SSI and Pension) and we want to have those protected from Medicaid consideration.
answered on Jan 24, 2018
Short answer yes. But proper planning needs to be done by an elder law attorney.
You can use this site to search for elder law attorney’s in the area where your parents reside.
Good luck.
In the State of Florida, she is in her own home at this time. I am also Health Care Proxy of which I do not want to be. I have family issues with my adult son who has a mental illness.
answered on Jan 21, 2018
You can resign/decline to serve in writing. Send it to your mother and the other two named agents.
Send it to your mother’s Attorney if she had one.
She wrote checks in his name sporadically throughout the years and he gave her the $300 or whatever the check was. All of the cashed checks averaged $2400 a year. Will Medicaid say, "Gift!" Son can't prove how money was spent. Son lived with mother for 5 years to be there at night in... View More
answered on Jan 5, 2018
Depends on many factors -- does the alleged incapacitated person have family and their dynamics, did the person create advanced directives that name people to act for them now, your background and relationship, etc. Contact a lawyer in the Jurisdiction where the person lives and go over... View More
answered on Jan 2, 2018
You may want to call the police and adult protective services.
Copy and paste the following link to report elder abuse: http://elderaffairs.state.fl.us/doea/report_abuse.php
If its a case against a financial adviser or stock broker, reach out to me.
answered on Jan 2, 2018
It depends on for what purpose. For example, I think you can join AARP when you turn 50. But age 65 is a good rule of thumb for Medicaid and disability purposes.
Up to a years ago, I was helping with my husbands care. His son moved in with him, one year ago, to care for my husband.
Now the son placed my husband in assisted care living. The son wants me to sign papers, so he can pay the mortgage and keep the condo
The son is worried because... View More
answered on Jan 2, 2018
You need to sit down with a local elder law attorney to discuss all of this - its way too complicated to answer in forum such as this one.
Since you are still technically married you have very strong rights, especially with regard to the homestead.
My mom need a person to take care of her 24/7 she owes an apt that is worth about 90K. I offered my sister to sell the apt and take that money and take care of my mom as I have no money to help pay the 1600 a month which I'be been doing for long time, but I don't have the money. My... View More
answered on Jan 2, 2018
If your mother owns the home herself, she is free to kick your sister out and sell it. If she has designated you as her power of attorney, you can do all this as well.
If the three of you need someone to sit down with the three of you and discuss whats best for mom, I am happy to help.... View More
answered on Jan 2, 2018
You can speak to an elder law attorney about Medicaid planning (even if your mother does not currently qualify). Medicaid can help pay for some or all of your mother's long-term care needs (depending on the level of care needed).
Feel free to copy and paste the below links that further... View More
answered on Jan 2, 2018
At first Medicaid doesn't take anything. If someone who needs Medicaid has too much by way of assets, they don't qualify.
If you have too much by way of assets, see a Medicaid lawyer to discuss legal and ethical ways to shelter those assets and still qualify for Medicaid.... View More
My mother lives in the UK and her health has suddenly started to decline. She now needs assistance with daily living. I want to move to be with her but, with minor children, my ex is blocking our move by using the 50-mile rule. When going to court can I use a parents failing health as a sudden... View More
answered on Dec 5, 2017
Yes. You can but the decision of whether to allow you to move is totally up to the judge.
Good luck.
My fiancé was raised by his great grandma, and together they own a house (the house is in both of their names). His great grandma is very sick in the hospital, and her children have started to investigate as to whether they can take the house from my fiancé since his great grandmother (their... View More
answered on Dec 5, 2017
You really need to consult with a real estate attorney in your area to have the deed reviewed. Then once the title deed gets reviewed a lawyer can give you an opinion.
Good luck.
In planning his estate, my father placed a Florida condo that he wished me to inherit, but, in order to have his wife use it when she could, placed it in joint ownership between her and me. She is now Alzheimic and in a facility and on Medicaid in Florida. I wish to sell the condo but concerned... View More
answered on Dec 5, 2017
Simply put. This is a very complicated area of law. You need to get offline and go meet with an elder law attorney / Medicaid planning attorney ASAP to discuss options and to review how the deed into her was set up. All of that information is critical to what can be and should be done here.... View More
I think it’s mostly inheritance dispute all pets shots/spay/neuter regular vet visits rabies papers, she continues to threaten to call animal control citing “health issues” unsanitary conditions it’s her home, my dad passed in 2014, she won’t part with the money 4 years later, but wants... View More
answered on Dec 4, 2017
Very sorry for your situation. I am not sure that there is a legal answer to her threats. You state briefly that you have an inheritance dispute.
I suggest that you consult with a probate attorney in your area to determine what if anything you are entitled to from your Dad's... View More
Now she is getting sued by the collection agency and received a summons to appear for a pre-trial conference. What can we do to help her as she has no available funds to pay the $2800.00 plus fees on this unsecured loan. The summons states she has to go or have an attorney represent her at this... View More
answered on Dec 1, 2017
You could go with her. Pretrial in small claims court is mediation. Do not fail to appear or you most likely will be held in default. Your goal - show that she is judgment proof. Social security payments can be exempt. Do not comingle funds. You may be asked to consent to having a judgment... View More
Hello, I live in Fl and am a disabled vet, I live with my daughter and her family.
We were just given a 45 day notice to move due to the rental being sold.
My daughter spoke to the landlord and asked for more time, (move out date of March 31) but she was informed that the lease... View More
answered on Dec 1, 2017
If the lease already expired the tenancy became a month to month tenancy. Therefore you or the landlord could terminate on 15 days notice.
It appears that the landlord did that. Based upon your post your only option is to move out or face an eviction action.
I live in Philadelphia, pa. Is this okay legally? They are Retired fixed income, I want to help. Help!
Thanks, Sharon
answered on Nov 30, 2017
It is Legal. I suggest that you should consult with an attorney to talk through the long term issues that can arise in the future so that you know what to expect before you buy.
Good luck
I talk to or where I go nothing been right since I been with him we have 2 children already grown and married but he still has a hold on me emotionally and mentally we live in FL. for 16 yrs I pay some of the bills and he pays the major bills he owns the house we live in it's been a long... View More
answered on Nov 27, 2017
You really need to consult with a family law attorney in your area. Your situation is too complex to try to give you guidance via this online forum.
Good luck,
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