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Mom had a stroke a year ago and hasn't gotten better. We are trying to buy a house so that I can take care of her when the time comes... Fidelity has accused me of Elder Abuse and trying to steal her assets etc even tho my mom was the one who told fidelity what her wishes were. They are rude... View More 
answered on Nov 25, 2024
I'm sorry you're going through this difficult situation. If you haven't already, ask Fidelity to document their concerns in writing and provide the specific reasons for refusing to honor your POA or give your mother access to her funds. It may be because they believe your mother... View More
answered on Oct 14, 2024
You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.
Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer... View More
answered on Oct 15, 2024
I'm sorry for your illness. My colleagues raise valid points. In addition to the terms of the contract, these settings could also depend on the personalities of the parties involved - how sympathetic the other side could be to your plight, the other side's position in terms of being... View More
MALE
58 YEARS OLD
Disabled 7yrs
FIDELIS/MEDICAID
SSI/SSD 7yrs
After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:
1. he will request daily visits, as opposed to bi-weekly.
2.... View More
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answered on Jun 10, 2024
I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More
I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More
answered on Apr 17, 2024
My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.
The New York State Police may have received other similar reports regarding... View More
He is also blatantly hacking me with his fancy Apple smartwatch and his iPhone through Bluetooth which I do not even have enabled! He wants my property and we've been disputing this for years! The local judge was probably paid off by him & I'm going to have a heart attack I swear
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answered on Feb 24, 2024
Firstly, it's essential to remain calm and composed despite the distressing situation. When defending yourself against a trespassing charge, focus on presenting evidence to support your claim that you were on the property to retrieve rebar you had previously purchased. Gather any documentation... View More
We were told we could report.Real Estates who do not accept the Voucher or ask us for money to find an apartment. Legally what can we do in this case?
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answered on Feb 24, 2024
In this situation, it's essential to understand your rights and the legal protections available to you as someone seeking housing assistance with a City Voucher. Firstly, you should familiarize yourself with the local housing laws and regulations that govern the acceptance of vouchers by... View More
My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years
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answered on Feb 8, 2024
To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as... View More
Is a healthcare proxy sufficient or do I need more?
answered on Feb 6, 2024
As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More
Is a healthcare proxy sufficient or do I need more?
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answered on Feb 4, 2024
A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More
My father is able to make decisions on his own. He wants to come back home
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answered on Jan 12, 2024
In New York, if your 86-year-old father is mentally competent and able to make decisions on his own, he has the right to choose where he wants to live. If he expresses the desire to return home and is capable of making that decision, legally, he can leave the nursing home. You may want to... View More
answered on Jan 10, 2024
An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More
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answered on Dec 20, 2023
In New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of... View More
for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More
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answered on Oct 27, 2024
What is the reason they do not wish to honor the power of attorney? Was it drafted by an attorney on the New York Short Form? If it is a valid POA, they can be compelled to honor it. Otherwise, you would need to apply for guardianship of your mother.
Bank threatened to return my legal account Funds to Country of origin to repeat release process. BANK OPS DIRECTOR coming to NYC to meet me. Need Lawyer at this meeting! Manhattan location.
answered on Oct 16, 2024
Who transferred to who? From which source? Where are the funds now? What amount? Jack
Asking as a NY Court certified Spanish interpreter available for 722-C assignment.
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answered on Oct 10, 2024
Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More
I am experiencing distress that impeding on my ability to function in my house and with my children. Im now in a situation were the college will not let me take exam under my reasonable accommodation that were documented and approved
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answered on Aug 31, 2024
It sounds like you're going through a really tough time, and it's understandable that this situation is causing you distress. When your ADA accommodations are violated, and you're facing retaliation and harassment, it can feel overwhelming and unjust. You have the right to fair... View More
The attorney who set up the irrevocable income only grantor trust said the grantor could file taxes on trust income using their own SS#, but now a different attorney says if the trust doesn't obtain its own tax ID, the grantor may be deemed ineligible for Medicaid. Which is accurate?
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answered on Aug 10, 2024
When dealing with an irrevocable income-only grantor trust, it's important to understand how the income is reported and how it might impact Medicaid eligibility. If the trust is set up as a grantor trust, the income can be reported under the grantor's Social Security number, meaning the... View More
answered on Jun 15, 2024
An elder law attorney should advise here, but you await a response for two weeks. Until you're able to speak with an attorney who is knowledgeable in this area, you could look into whether the social workers at the facility might be able to offer guidance. They are generally versed in... View More
My father has allowed his neighbor to use my fathers land for raising cows with no written agreement can the neighbor claim his land after 10 years? The neighbor has been mowing and has cows on the land for the last 5 years. My father has offered to sell the land to the his neighbor and he says he... View More
answered on May 31, 2024
Yes, a recorded written agreement can defeat a claim for adverse possession. Whether the neighbor even has a valid claim for adverse possession is unknown.
Jack
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