Maryland Elder Law Questions & Answers

Q: What percentage of blood relatives(MD)get Guardianship/Dad over a step sister who has POA for 2 years and didn't tell us

1 Answer | Asked in Elder Law for Maryland on
Answered on Nov 17, 2018
Mark Oakley's answer
You need to re-ask this question under Florida law, which will apply to your father's situation. Florida has very aggressive guardianship and elder abuse laws (including financial exploitation) and you will need a Florida lawyer to advise you, as well as answer any questions. Your facts raise many questions, including whether your father was competent to sign any POAs at the time he signed them. Certainly family members can petition to be appointed guardian. Setting aside a deed transfer...

Q: My parents have a reverse mortgage. They are in their mid 90s. Is it possible to have my name added to the deed?

1 Answer | Asked in Real Estate Law and Elder Law for Maryland on
Answered on Oct 4, 2018
Mark Oakley's answer
No, none of this would work. First, you cannot be added onto the reverse mortgage, as that was calculated based on your parents’ ages and life expectancy at the time of the mortgage. The mortgage typically must be paid off within 6 months of death, or the property be listed for sale and marketed by then in order to avoid foreclosure. Adding your name to the deed not only would not help, but would not be permitted under the reverse mortgage terms. Further, you would cause adverse tax...

Q: Hello, I read that in Maryland there are no "Self Proving Affidavits" for last wills. What form can be used instead...

2 Answers | Asked in Estate Planning and Elder Law for Maryland on
Answered on Jul 16, 2018
Mark Oakley's answer
A properly signed and witnessed will is all you need. Maryland does not require witnesses to appear to verify the will. The only time witnesses might be needed is if someone challenged the will, but the burden is on the challenger to prove the will maker was mentally incompetent or subjected to coercion. A so-called self-proving will can also be challenged this way.

Q: My father (94) lives with a lady. She has taken care of him (like a nurse) and he has taken financial care of her.

1 Answer | Asked in Elder Law and Estate Planning for Maryland on
Answered on Feb 21, 2018
Mark Oakley's answer
If your father was mentally competent when he drafted and signed his will, then his will is valid and will be upheld. if he was not competent, or you can prove this female companion exercised "undue influence" and coerced in some way the terms of the will that were favorable to her, meaning your father was unable to exercise his own free will in the matter because he was under her overbearing control, then you might contest the will. Alternatively, if your father is now mentally incompetent,...

Q: My mom wants to sign over her house to me & then she will come to live with me. Will I have to pay capital gains

1 Answer | Asked in Estate Planning, Elder Law and Tax Law for Maryland on
Answered on Nov 1, 2017
Cedulie Renee Laumann's answer
Capital gain is calculated and paid when a home is sold for profit, not when it is transferred without consideration. To figure out your potential capital gains liability you would need to talk to an accountant or tax professional and know the basis in the property and the anticipated future sale price.

Note that if property is transferred as a result of someone's death (whether by an enhanced life estate deed or through a Will) the inheriting party gets a "stepped up" basis which...

Q: My mom and step dad have a post nup on a house they purchased together, It addresses death of spouse and divorce.

1 Answer | Asked in Family Law, Elder Law and Real Estate Law for Maryland on
Answered on Jul 24, 2017
June Marie Marshall's answer
Not seeing the actual post-nup, my response is limited to your narrative. The proceeds would be marital property. Husband and wife can agree on how they want to divide the proceeds. They could split it 50/50, 60/40 however they choose. Since there is nothing in the post-nup about moving to assisted living, I'd say they are open to do what they choose.

Regarding death, do the mom and step dad have a will? If they don't have a will, they should get one. Otherwise, how assets are...

Q: have life estate on father's PA home; POA has blown all $ fast on care & wants to get a reverse mortgage; can she do it

1 Answer | Asked in Elder Law for Maryland on
Answered on Jan 15, 2016
Adam Studnicki's answer
Sounds like potential elder financial abuse by POA. Talk to an elder law lawyer in your area.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...

Q: Do I need an elder law lawyer?

1 Answer | Asked in Elder Law for Maryland on
Answered on Aug 11, 2015
Adam Studnicki's answer
Medicaid has the right to recover in certain situation. Check with a local elder law lawyer about the specifics of your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts...

Q: I have POA for my Aunt. She has been in a nursing home for short term care and now has transitioned into long term care

1 Answer | Asked in Elder Law for Maryland on
Answered on Jul 15, 2015
Paul E. Draper's answer
I presume that your aunt is single or if married her spouse is also in a skilled nursing facility so that there is a need to spend down her assets below $2,500 in order for her to qualify for medical assistance. If she is married and has a spouse is still living in the community, then certain assets such as a vehicle and family home are not assets which have to be spent down. Even if your aunt is single or married with a spouse in skilled nursing facility, there are preferable methods in...

Q: I need a power of attorney for someone mentally incompetent . What do I do?.

1 Answer | Asked in Elder Law for Maryland on
Answered on Sep 5, 2014
Thomas C. Valkenet's answer
A power of attorney can only be granted to you by a competent person. If they are incompetent, the only the circuit court judge may grant guardianship and decision making authority. You must file a circuit court petition.

Q: how do I get guardianship of my mentally retarded adult brother.

1 Answer | Asked in Elder Law for Maryland on
Answered on Sep 5, 2014
Thomas C. Valkenet's answer
By filing a petition for guardianship in the circuit court. You will need medical certificates as exhibits. The court will then appoint a lawyer to look after your brother's interests and advise whether you are the best choice as guardian. If uncontested, the case can be resolved in a few months. Will others fight you on this?

Q: Liability for relative's declining mental state.

1 Answer | Asked in Elder Law for Maryland on
Answered on Sep 5, 2014
Thomas C. Valkenet's answer
You may not be liable for damage she causes, but you will feel just awful if she injures others. The remedy is for a family member to petition the court for guardianship. You will need certificates from her physicians, and then the court will appoint a lawyer to look after the sister's interests. Put the decision in the hands of the doctors and the courts, don't wait for a tragedy.

Q: My parents signatures weren't notarized when selling their MD property in 05/31/05.Notarized after office received them.

1 Answer | Asked in Elder Law for Maryland on
Answered on Aug 23, 2012
Cedulie Renee Laumann's answer
To notarize a signature in Maryland, the notary must get an acknowledgment from the signer and verify the signer's identity (usually by picture ID). If someone falsely said that a signer appeared before them when they did not that would be problematic. Depending on the circumstances, fraud (civil and/or criminal) may or may not be involved. The notary may be someone other than the attorney preparing the deed so it would be critical to identify the notary as well as the title company....

Q: What are the rights of the elderly

1 Answer | Asked in Elder Law for Maryland on
Answered on Aug 23, 2012
Cedulie Renee Laumann's answer
Could you rephrase the question? Most of the time adults have the same legal rights regardless of their status as young adult, middle aged, elderly, etc. Certain governmental agencies / departments exist to protect the interest of vulnerable elderly. You can contact your local Dept of Aging for links to resources.

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.