She was living with my sister and my sister was a domestic violence victim,he is in jail. She,my mom, has dementia,but if am the guardian of my mom can I tell elderly serviceI want my mom with my sister?
A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed...Read more »
I'm not positive about Medicaid. She receives $1500.00/mo from separated spouse & $200.00/mo in socal security. She has no other assets...Until...a sister died & has left her an inheritance of $200,000.00+.
She has 8 children. Our questions are, if she stays in the nursing... Read more »
If her mental status is in doubt then there should be a Conservator appointed by the Probae Court where mother resides to handle her finances and also a Guardian to handle her care if there are not agents under a Power of Attorney and Health Care Proxy granted authority to act by her prior to...Read more »
My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... Read more »
If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.
You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any...Read more »
While it appears that If the title to the real estate was not in grandfather's name then he already transferred it to your mother and thus does not appear to be in grandfather's estate, but were there other facts??? This question is Not susceptible to a black and white answer without...Read more »
The judge did not mandate placement in a long term care facility. She continues to relapse and put her safety at risk and our next court date is not until January 2021. The medical certificate said that she is incapacitated but now an independent medical evaluation was ordered. Can I mandate that... Read more »
My husband is Durable POA, we need to get my FIL into more suitable housing (without stairs) and found a place, and plan to use a HELOC on his current residence (free and clear) to finance about 25% of the purchase. Then once he’s transitioned we will sell the current residence which will... Read more »
Your question was very confusing but you seem to be asking how to determine if the power of attorney instrument was recorded in the Registry of Deeds? If so, there is a public records check system on line through the Secretary of State's Office. If the document was not recorded it can be...Read more »
parent living in siblings house , sibling changed house phone to unlisted does not answer cell . Was renting rooms in house. Have no way of contacting parent. I called senior services who is starting home care but they won’t return calls to give updates. So am I supposed to guess that my parent... Read more »
If the Probate Court has determined that the individual needs a Conservator, then there should be a Medical Certificate indicating the need for same and there would have been a legal proceeding unless the disabled person consented to the appointment of a Conservator. A Guardian makes determinations...Read more »
Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... Read more »
I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the...Read more »
I live in the Northeast and have struggled to ensure that she is handling financial matters without issue. We had tremendous difficulty understanding what my father had set up financially. Took a while to find the will also. She started working with a lawyer to update her will that had not been... Read more »
Do you have agency under the power of attorney? - if so then you can act on her behalf id you have possession of same. Otherwise you will need a Tennessee attorney who specializes in conservatorships to have yourself appointed as such or at least to advise you on what your options are.
Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my... Read more »
If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should...Read more »
Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing... Read more »
The usual answer would be that it is too late to do so if she will be in need of nursing home care within 5 years These are MassHealth/Medicaid issues which have complexity and you should discuss the entire set of facts involved with an Elder law practitioner who specializes in that particular...Read more »
Condo Association was denied preliminary injunction for rules violation in hearing 11/ 9/16. In Summary Judgment Hearing 11/9/17 Count I re violation was denied but allowed Count II for assessment of damages hearing. They applied under rule 55(b)(2) with Issuance of Notice to Sell (per MGL c.254... Read more »
One concern may be whether her assets are going to be the subject of a lien and collections efforts. Another concern would focus on her estate after she passes: would judgment creditors seek reimbursement at that time? More details are necessary to provide a professional analysis of your issue. The...Read more »
Does your step sister have her father's health care proxy ? If so, it is possible that by its terms she has such authority if he is unwell. If he is competent then he can make his own decisions, although potentially there is a gray area here where he has had a stroke unless he has expressed...Read more »
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