I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
The check is made out to the nursing home, for the patient's care. The check came to us (power of attorney). Can we insist it be applied to her personal account, or can the nursing home take it just as they take most of her Social Security to pay for her care?
answered on Jun 5, 2020
If you want to apply it to the patient's care, this is allowed. However, a facility cannot just take the check without your permission.
Am I entitled to any compensation ? I cannot work at this time.
answered on Mar 11, 2020
I'm sorry for your difficult situation. A landlord-tenant attorney could advise best here, but your post remains open for three weeks. At this point, you have probably already explored whether there was an insurance policy in effect to cover for the fire loss. If not, that is something to do... View More 
Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... View More
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answered on Mar 4, 2020
Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.
Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the... View More
From my understanding he is presumed to be capable of providing informed consent. It also looks like if it was ever determined that he can't provide informed consent, I would still be able to take him to doctor visits as per FHCDA or OPWDD law. Also, he lives with me and is 29.
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answered on Feb 1, 2020
It will depend upon the type and extent of his disability. If he is capable, he should sign a health care proxy. If he is incapable of making decisions for himself you should apply for Guardianship.
In the matter of CDPAPvs. Zucker,10/11/19
in layman's terms, what was decided?
Does this decision affect the status of the PA as an independent contractor vs. an employee?
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answered on Jan 14, 2020
The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.
This had nothing to do with... View More
change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.
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answered on Jan 6, 2020
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
My lawyer states he cannot grasp the idea of my being handicapped because I am not in a wheelchair. He has not help me get any financial support thru the courts in one year. I am 66 years old. What can I do to be correctly represented as a handicapped person in my divorce?
answered on Nov 24, 2019
It sounds as if you need to consult another attorney to see what they say about the facts of your case and depending on those facts you may need to switch attorneys.
Two sisters on deed. Both with dementia. One placed in nursing home after stroke now deceased. Other sister in nursing home when other got sick. Son of deceased had her sign a reverse mortgage and received a large sum of money. Does the other sister still have rights to home as tenants in common? I... View More
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answered on Oct 21, 2019
You should consult an attorney to determine the surviving sister’s rights. Your instincts may be right. But all the facts should be reviewed before a legal conclusion can be made and the proper action taken.
I’m POA and we are both named in a summons Of over $110,000 that we need to reply to on Monday or receive a default judgement against us.
answered on Oct 19, 2019
You need an attorney for this. This could be a big problem. I cannot tell you how it will turn out without seeing documents. Show up and ask for more time to get a lawyer.
My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen,... View More
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answered on Sep 12, 2019
If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... View More
Could he sever the joint tenancy without my brother’s permission and change it to tenants in common? Also would he need a living trust to avoid probate and to designate my sister and I as his beneficiaries? Would that avoid due on sale clause since its a living trust? He and my brother are on... View More
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answered on Sep 5, 2019
I do not speak Cantonese but the answers to your other questions are yes, these things can be done. However, they are not do it yourself projects. You are well advised to hire an attorney to assist you with this
I am executor. Brother has cancer and turns 65 in 2 months. I understand a trust can be used before 65. After that, Medicaid is secondary insurance to Medicare. Brother is not in long term care. He gets retirement social security income. Does he potentially lose less to Medicaid once he is on... View More
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answered on Aug 24, 2019
It is better to be on Medicare to minimize expenses. Once he receives his inheritance, he may not qualify for Medicaid coverage, if he current qualifies, without spending down first. However, there are planning techniques to protect a portion of the money if he needs to spend down.
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made... View More
answered on Aug 12, 2019
You should file 2018 and mark deceased and put the date of death. Without a deceased return the IRS can't know she died.
I have an Aunt that is 83 years old that lives in NY. I live in Georgia. In 2013, when she was of sound mind, she had a NY attorney prepare a POA regarding all her finances, etc. and a Health Care Proxy. She signed and I signed.
Now she has been diagnosed with Alzheimer's. As such... View More
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answered on Aug 4, 2019
The short answer is yes. A durable POA gives you power over her finances and the Health Care Proxy over her medical decisions. However, if her condition is not apparent to a vendor or health care provider and she is expressing resistance to your decisions, you may have problems. You may have to... View More
answered on Jun 20, 2019
Depends on the amount, the county, and whether you really owe it.
My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.
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answered on Jun 16, 2019
If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.
If you believe neither... View More
The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?
answered on Jun 4, 2019
If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time... View More
The pastor died which was her dad and her mom
Is blind. She is trying to get a power of attorney to get the church which was in her dad’s name.
answered on Mar 14, 2019
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.
The inheritance is $3636.00. I am due to get out of Northeast Center early 3/19 in a Medicaid program called TBI Waiver. Med resource is under $2,000, SSI would be problematic and I haven't called them, I received the check today. I want to do the right thing to do, I don't speak well... View More
answered on Feb 21, 2019
While technically this should be declared to Medicaid, it is too modest a sum for anyone to chase after you. Just deposit the check.
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