answered on May 15, 2020
Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.
That is unless she can be paid now or they forego any payment.
Do we sell the house? I will not have the income to make the mortgage payment and the upkeep on the house. We also have a car payment, we are upside down and have 6 years left on the loan. Should we trade down? Also a personal unsecured loan with 5 years left to pay. Help please
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answered on May 13, 2020
You need to consult with a financial advisor regarding your specific circumstances. There are too many facts missing and, in any event, this forum is not for personalized advice; it is best suited to answering simple questions with general applicability. A financial advisor can help you make a... View More 
answered on Feb 5, 2020
It's difficult to understand what exactly happened from your post. Please post again with additional facts.
My grandma is 89 she has symptoms of dementia to my knowledge she has not been formally diagnosed by her physician her physician will not speak to me because he does not have a release to do so anytime anyone tries to help my grandma with anything she gets irate and violent she does not have a... View More
answered on Jan 8, 2020
I'm so sorry to hear of what's been going on.
You're right that this sounds like a guardianship issue. You should contact an estate or guardianship attorney in or near your town, as soon as you can, to get the process started.
I hope for the best for you all!
Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... View More
answered on Oct 2, 2019
Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.
He cannot control his hand movements
answered on Jan 10, 2019
Check in your jurisdiction. In Oklahoma a person who cannot sign a POA may instruct another to do so on his/her behalf if done with proper witnesses.
He has Alzheimer's but is fully competent
answered on Jan 2, 2019
Your question doesn't make sense, at least to me. If he has Alzheimer's (a disease of affecting mental abilities) the odds are very high that he is not mentally competent to sign anything, either with an X or otherwise. His treating doctor needs to make a determination that your husband... View More
My sister, who is in an assisted living facility and on medicaid, will be getting part of a settlement of a class action suit from the village she lived in before moving to the living facility. Our mom lived with her and got sick drinking the water in their condo and filed with the class action... View More
answered on Oct 20, 2018
I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics... View More
My father has a diagnosis of Alzheimer's and is no longer able to care, make decisions for himself. He is remarried however his wife nor my sister or I have Power of Attorney for him. He is at the point where greater care is necessary (as in Memory Care) and without having access to any... View More
answered on Sep 6, 2018
Practically any lawyer in your area who has a general practice of law or practices in the field of family law can handle this for you.
We have had these policies for approx 7 years thru John Hancock. Since we are now both older, want to make sure these policies will work as is, should we keep them, or make changes.
answered on Aug 29, 2018
Congratulations! If you already have long term care insurance you may want to consult with an elder law attorney who can help you plan your estate. Unfortunately, some Insurance companies do go bankrupt so make certain your carrier is adequately funded.
My grandma has dementia and before this she appointed daughter #1 to be the POA. Daughter #2 found out and has now taken the mother to get a POA while she was diagnosed. Daughter #2 has now submitted her illegal POA to the banks and has taken over the accounts whih is taken daughter #1 off the... View More
answered on Jun 13, 2018
I think you would need to hire an attorney in the state where grandmother was taken. You may consider with that lawyer and one in your state in having a guardianship set up naming you as guardian of the estate and person of grandmother to have her situated in a facility that will be especially... View More
When I arrived for his discharge, I found Dad in bed alone in his room complaining of horrible R hip pain. When I tried to have him sit, then stand to get in a wheelchair to leave, he was completely unable & began to shake & scream in pain. At this point it was obvious he had a severe... View More
answered on Mar 26, 2018
My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised... View More
My mom born 1925. Her mom, my grama hand made a baptism gown for her, then my uncle wore it in 1928. After that, it was borrowed by other family, but always returned to my grandmother, who an eye on it. Gram died in '85, left the gown to my mom, Our children were born in '88, '91,... View More
answered on Jan 21, 2018
If mother is alive, she can settle it.
Otherwise, you will need proof that she gave up ownership.
We heirs at law do not wish to pursue malfeasance by attorney or estranged Aunt (age 87) , but would rather "confidentially" like to appoint a third party to pursue the issues with the court / judge etc. in order to close the existing extended probate case.
Also, if necessary,... View More
answered on Dec 29, 2017
You don't get to "confidentially" pursue the issues with the court. If you think there's a problem, hire an attorney. It is also not clear how you are an "heir at law." Was your estranged aunt married to the deceased uncle? Did your uncle have descendants who survived... View More
Siblings and I suspect he's spending her money. He has spent time in jail for elderly abuse but she refuses to press charges or let any of her four sane children have power of attorney. We are at a loss as to what to do.
answered on Aug 21, 2017
If she is incompetent, one of you could try to be appointed legal guardian over her.
I have a brother who lives with her, thisis her place....i believe there is abuse, i put the monies down for her palce at the facillity, but i am doing this to protect my mother from his abuse...he is angry that I did not discussed with him about placing her in a facility....do i need to let him... View More
mind to make decisions?
answered on Jul 29, 2017
This is tricky. When someone has been diagnosed with dementia, many lawyers will NOT draft that person's will. Having dementia does not inherently make the will void, or voidable, but it could certainly cause concern for heirs who otherwise would have taken pursuant to rules of intestacy... View More
answered on Apr 26, 2017
If the power of attorney was properly prepared, then the only way to remove the agent (your brother) is to show
that he has violated his duty of care by failing to act in the best interests of the principal (your mother).
This might involve financial abuse or medical abuse.
She may need to go into long term care. Unsure at this time. She has an IRA and 2 annuities.
answered on Mar 3, 2017
The answer to your question depends on specific facts that are not provided here, such as whether or not your mother has a will, the precise terms of the will, and whether or not your mom has a designated power of attorney. If your mother does not have a will or a power of attorney, I would highly... View More
His is schizophrenic and he isn't medicated because we can't afford his medicine, nor do we know how to get him medical care because we're not his legal guardians. Another relative of his is, however, most of his family wants nothing to do with his care. We're struggling, but... View More
answered on Feb 15, 2017
Be homest with the elderly worker. If he has a guardian, the guardian will be in trouble for medical neglect. Better yet, u report him first saying u want to help with these things but can't.
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