Indiana Elder Law Questions & Answers

Q: Power of attorney

2 Answers | Asked in Elder Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
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 consult with each other.

Consult with an attorney in your area for legal advice. Any information provided here is just for general information purposes.

Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

1 Answer | Asked in Family Law and Elder Law for Indiana on
Answered on Nov 29, 2018
Alexander Florian Steciuch's answer
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 executor, which usually requires wrongdoing on the executor's part.

Q: My Dad is 87 ,his POA had opened up credit card in his name. Can he revoke her POA.?

1 Answer | Asked in Elder Law for Indiana on
Answered on Mar 26, 2018
Alexander Florian Steciuch's answer
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 on how to properly revoke the Power of Attorney.

Q: I'm in Indiana, my father passed away. He was arrested & scheduled for court. Why do they not just drop his case?

2 Answers | Asked in Criminal Law, Car Accidents and Elder Law for Indiana on
Answered on Jan 16, 2018
Peter N. Munsing's answer
Send them a copy of the death certificate. Leave it be--they can't arrest the dead.

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 ??

1 Answer | Asked in Consumer Law, Family Law and Elder Law for Indiana on
Answered on Aug 2, 2017
Alexander Florian Steciuch's answer
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.

Q: My wife and I are caring for her mother in our home. Is a LLC or corporation a precaution to limit our liability ?

1 Answer | Asked in Health Care Law, Business Formation, Elder Law and Personal Injury for Indiana on
Answered on Apr 28, 2017
Chase T Wilson's answer
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.

Q: How do I cover myself from a lawsuit while providing in my home health care for my mother in law?

2 Answers | Asked in Health Care Law, Contracts, Elder Law and Personal Injury for Indiana on
Answered on Oct 1, 2016
Paul Stanko's answer
If you are conducting a business in your home, talk to your insurance agent about getting a rider on your homeowners policy.

Q: Can a leagl guardian of elderly person take money from her Social Security without courts permission?

1 Answer | Asked in Elder Law for Indiana on
Answered on Aug 26, 2011
Terrence Rubino's answer
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.

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