Get free answers to your Elder Law legal questions from lawyers in your area.
visitation rights.what do I do? my boyfriend has dementia.
The doctors tell me he does not have the capacity to handle legal matters, including health proxy, etc. and probably cannot sign off on a mobile home sale. Can I legally sell the property on my own? I really do not want to live here without him, so would look into a senior apartment. It is my... View More 
answered on Jul 28, 2022
If you have a durable power of attorney, you should be able to proceed with a sale. However, if you do not have a durable power of attorney, you would need seek appointment as your husband's guardian before proceeding.
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answered on Jul 1, 2022
Expenditures are not generally an issue. The concern is when there is a substantial transfer without value received in return. For instance, paying $1000 per month for rent will not raise eyebrows so long as there is no question that the rental unit was being occupied. On the other hand, paying... View More
In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t... View More
answered on May 6, 2022
New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However,... View More
Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... View More
answered on May 5, 2022
If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... View More
answered on Mar 14, 2022
In New York State a notary public is not required for a will but two witnesses are. Since all formalities must be properly completed or a will to be accepted to probate, I strongly suggest that you have a lawyer prepare and supervise the execution of your will instead of DIY.
My grandmothers social security and the department of family pays for her nursing home. The granddaughter decided to rent out my grandmothers house without her consent. The people that are staying in the house said they have a contract with my grandmother through the granddaughter. However, my... View More
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answered on Mar 12, 2022
If there is a Power of Attorney, the agent named may be granted power to rent and collect rents. If your grandmother is having her nursing home stay paid for by Medicaid, income generated from rents from her home may be due to Medicaid. UsIng it as a rental property could be a major problem. Do... View More
answered on Jan 12, 2022
When it comes to penalty’s, you can pay it but needs further details on the reason. You can always consult with us for more specific advice.
She has POA. She has sold some of our 91 yr old mom's property & given the $ to her daughter. She's giving Mom's house to her son & spending Mom's money to renovate it first. She leaves Mom alone for days with the same guy (42 yrs old & unmedicated bipolar) who... View More
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answered on Oct 13, 2021
It sounds like financial abuse at the very least. If Adult Protective Services are not responding, you can try your county’s District Attorney’s offices. Depending upon where you live, they may have a unit dedicated to elder abuse.
Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.
answered on Sep 22, 2021
In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... View More
What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?
answered on Jul 27, 2021
Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.
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answered on Jun 17, 2021
If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a... View More
My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it
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answered on May 18, 2021
It is unclear whose will needs to be revised. If it is the will of a deceased person, it cannot be revised. If it is the will of a living person, the only person who can revise it is the living person, who can only revise it (with the assistance of an attorney recommended) if he or she still has... View More
My mom signed a paper saying that she wants me to have all items of hers left in the home. Because she gave the rest of her children what she wanted them to have when she was alive and knew that they would give me a hard time. How can I protect myself, I know they want to be spiteful because mom... View More
answered on May 10, 2021
No one can enter your home without consent. That being said, you may not be entitled ultimately to all items.
He told palliative care nurse that I’m stealing from his bank account. I have Power of Attorney but haven’t touched his $. He fell out of bed & has bruises. I’m afraid I’ll be accused of elder abuse. What protections do I have. Can I refuse to let him come back to the home we live in... View More
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answered on May 4, 2021
The question of what you can or should do is not something that can be answered that easily. You should consult with an attorney, who can get the information necessary to properly guide you. Questions you should be prepared to answer will include what your relationship is to the man and who is the... View More
effect only after 6/21/2021. Should I wait until then to create the POA?
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answered on Mar 5, 2021
It depends what you want the POA for. If you sign it now it remains effective after the new law takes effect. You can always sign a new one later.
What law requires a senior citizen to change the name on their birth certificate to match current name ?
Why is name on social security not considered legal name?
answered on Feb 3, 2021
You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.
Mom needed 24/7 monitoring, and frequent trips to Drs and treatment. I worked from home to care for her. She died in 2015 and now I must sell the house and split the proceeds with my sister who never visited or cared for mom. I also paid for new appliances, a front porch, a whole house generator... View More
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answered on Jan 16, 2021
You may be entitled to credits for the improvements. However, if you had no caregiver agreement while she was alive you would not be entitled to compensation.
Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
answered on Jan 13, 2021
Generally, a Will only has power to dispose of assets owned by the decedent after death. Therefore, an asset such as an investment account that has specific instructions designating disposition of the asset upon death controls.
My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.
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answered on Dec 4, 2020
To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal... View More
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