Lawyers, Answer Questions  & Get Points Log In
Indiana Elder Law Questions & Answers
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... View 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 Estate Planning and Elder Law for Indiana on
Q: Final wishes if executor has already died.

My husband and I have no children. We are each other’s executors. So clearly, one of us won’t have an executor. This isn’t a problem to us as we have agreed to leave anything left over in our estate to charity. But in the state of Indiana, there is a requirement of Authorization needed before... View More

Steven J. Fromm
Steven J. Fromm
answered on Jun 5, 2021

This is always a difficult question. It is not really a question of law. It really is having people in your lives that you trust. Sometimes clients in your situation look to friends, more distant relatives or trusted professionals, like a CPA or attorney who you can trust. Really, your wills,... View More

1 Answer | Asked in Admiralty / Maritime, Libel & Slander, Civil Litigation and Elder Law for Indiana on
Q: If you fill out a personal check wrong is it a crime? Can someone turn it around and make it a crime?
Tim Akpinar
Tim Akpinar
answered on Mar 10, 2021

If someone made innocent errors in filling out a check, it would not generally be considered crime. If the errors were material and they were deliberately made with the intent to deceive the payee or to deceive the financial institution, those could amount to crimes, depending on applicable... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Indiana on
Q: Can Father leave annuity/trust to sister while mother still alive and in nursing home?

Father set up annuity/trust, not sure which, leaving all of parents cash to sister. This was done just prior to father passing and while mother was still alive and living in nursing home in Indiana. I am a disabled adult child, disabled at age 35. Mother has since passed. Thank you!

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2020

If your mother was in a nursing home while your father was alive, it is possible that her care was being paid for by Medicaid, which is needs based. It would have made perfect sense for your father to bypass your mother in his estate planning so as not to disqualify her from continuing to receive... View More

1 Answer | Asked in Elder Law, Gov & Administrative Law and Probate for Indiana on
Q: Is medicaid prohibited to seek recovery from nursing home receipient's estate if there is a disabled adult child?

Medicaid sent a letter to recover from my deceased mother's estate. Mom spent 3 years in a nursing home, with Medicaid paying all but the last year of her life, which she paid for. My sister receives SSDI and is disabled. Does this prohibit medicaid recovery in Indiana?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2020

If the decedent is survived by a child of any age who is blind or permanently and totally disabled, Medicaid recovery is delayed until said child dies or regains ability (though the latter is rare).

1 Answer | Asked in Estate Planning and Elder Law for Indiana on
Q: One of the executor of my mothers estate is living in my mothers house for 2 months since her death. She won't leave.

We are trying to clean up the place for household auction and possibly rent the house. There are 2 executors with total if 4 heirs. We think she is hiding goods she wants or from someone that wants a certain item. This executor is homeless usually. Our lawyer is not helping us. What can we do?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 21, 2019

You should consult with another probate attorney to discuss your concerns if your current one is not listening or dismissing your concerns.

2 Answers | Asked in Elder Law for Indiana on
Q: Power of attorney

Can i assign durable financial POA with alternate but a shared medical POA between my three daughters?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jan 8, 2019

Yes. You can have as many POAs as you'd like, financial or medical. They can be different people, with different powers and different responsibilities. For example, you can choose to have only one financial POA, but choose to have several medical POAs that have to make joint decisions and... View More

View More Answers

1 Answer | Asked in Family Law and Elder Law for Indiana on
Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

My mother is still living. The court to petition is in Bedford, Indiana.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Nov 29, 2018

You cannot contest a will before the person has passed. Your mother could voluntarily change the appointment of the executor at any time and make the point moot. You also need to have standing to challenge the nominated executor, as well as having an actual legal issue to challenge the nominated... View More

1 Answer | Asked in Elder Law for Indiana on
Q: My Dad is 87 ,his POA had opened up credit card in his name. Can he revoke her POA.?

He wants to move back to Tennessee. She said no

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 26, 2018

A Power of Attorney is freely revocable by the authorizing principal. The agent or attorney in fact has no authority to say 'no' to a revocation. Further more an agent or attorney in fact does not have control over the principal.

Contact an estate planning or elder law attorney...
View More

2 Answers | Asked in Criminal Law, Car Accidents and Elder Law for Indiana on
Q: I'm in Indiana, my father passed away. He was arrested & scheduled for court. Why do they not just drop his case?

He was arrested for leaving the scene of an accident. My husband bailed him out. If they don't drop the case, do I take his ashes so he's present? I mean what do they logically expect from us now? His 2nd court date was this morning and they're "undecided" at husband's last contact.

Peter N. Munsing
Peter N. Munsing
answered on Jan 16, 2018

Send them a copy of the death certificate. Leave it be--they can't arrest the dead.

View More Answers

1 Answer | Asked in Consumer Law, Family Law and Elder Law for Indiana on
Q: My mother had a stroke. My sister is P.O.A. when we/she had to do the spend down for medicade I got a car. Have ??

Since i got the car because of the medicade spend down it is technically moms car. How, wothout drama can i get this car registered to me? Cant i just buy it from mom for a dollar? My sister, the P.O.A. seems to think it will involve lawyers and money???? Cant it be easy?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 2, 2017

Handling a Medicaid spend down is no joke and very few lawyers practice in the area due to its complexity. You should not attempt to do this on your own without legal guidance as that could result in penalties. Consult with an elder law attorney in your area that handles Medicaid issues.

1 Answer | Asked in Health Care Law, Business Formation, Elder Law and Personal Injury for Indiana on
Q: My wife and I are caring for her mother in our home. Is a LLC or corporation a precaution to limit our liability ?

We are experienced caregivers but wonder about repercussions from a fall or injury to my mother in law.

Chase T Wilson
Chase T Wilson
answered on Apr 28, 2017

I'm not sure how you'd be held liable for anything here if you're taking care of your daughter's mother. Forming an LLC seems like a bit much.

2 Answers | Asked in Health Care Law, Contracts, Elder Law and Personal Injury for Indiana on
Q: How do I cover myself from a lawsuit while providing in my home health care for my mother in law?
Paul Stanko
Paul Stanko
answered on Oct 1, 2016

If you are conducting a business in your home, talk to your insurance agent about getting a rider on your homeowners policy.

View More Answers

1 Answer | Asked in Elder Law for Indiana on
Q: Can a leagl guardian of elderly person take money from her Social Security without courts permission?
Terrence Rubino
Terrence Rubino
answered on Aug 26, 2011

it depends on the terms of the guardianship but either way the person should have to account for it. you are welcome to call our ken wilk and over the phone he should be able to answer any specific question. there is no charge for just calling.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.