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my sister is not giving me any financial information, 2016 income tax report etc.I need the information to see if she qualifies for food stamps, medicaid etc,
answered on Mar 27, 2017
A power of attorney allows you to act for your mother. You can use it to order the information, but you cannot compel your sister.
And sue brother and his fiance. His brother is on her checking and credit cards with their moms permission. The fiance ,the mother in law authorized a credit card ,but fiance called credit company and took herself off, never activated her card and cut card up. Now brother went to supreme court and... View More 
answered on Mar 25, 2017
Is there a will or trust? Is there a Power of Attorney? If you suspect fraud, undue influence, or duress, you may consider filing a suit against the alleged wrong-doer. If you want to challenge the guardianship, you can file the necessary court documents. See:... View More
, and will soon be spending down to her Medicaid application. I have tried to research this question, but have received conflicting information -- can she gift her grandchildren and children with checks under $2,000. each with no problem/medicaid concern? She has about $50,000. in savings and... View More
answered on Mar 8, 2017
Your questions are too detailed for a message board. There are better ways to proceed, but if you have already filed for Medicaid, you may have tipped your hand one way already.
My Aunt is POA and Health care proxy of my grandfather, I live with him and help take care of him, as of today she has set up 4 cameras in the home that she can and her daughter can watch from their cell phones at their house. Is this Legal?
answered on Mar 7, 2017
It depends on the terms of the POA. Perhaps they're doing so for his protection? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
answered on Mar 6, 2017
You may be able to sue the nursing home for negligence and wrongful death. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More
not know if she was competent at that time. But assuming she was, she now has a long-standing Executor who is preventing us from refurbishing her apt.
(she now lives permanently in a home for the elderly). She wants the apt. to stay as is. It is unhabitable for me or my relatives when they... View More
answered on Feb 22, 2017
It depends on the terms of the document that have given him the rights he wields. That document should be reviewed. Was she competent when she made the document, e.g., Power of Attorney, Will, Trust, etc.? More details are necessary to provide a professional analysis of your issue. The best first... View More
My father is in good health.
answered on Feb 4, 2017
A will or trust may be appropriate. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... View More
Nursing home never told me my mom was not required to deposit the money with facility; never advised me to get an irrevocable pre-need funeral agreement. I was responsible for overseeing and signing papers they sent stating what was used, i.e., clothing, hair salon, etc.
I am her Health... View More
answered on Feb 4, 2017
It depends on her will/ trust and any beneficiary designations, as well as the existence of any superseding rights. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
answered on Jan 27, 2017
It depends on the facts, which you leave out of your question. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More
The individual handling the funds was not power of attorney at the time.
She did not identify herself as the daughter of the owner of the account.
She did not spend any of the money on herself that we know of.
There were transfers from credit card accounts and others into... View More
answered on Jan 27, 2017
Was this a joint account with the daughter as an account-holder? Was she otherwise authorized with the bank to make the transactions? If not, there may be a crime and a tort here. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More
After father in laws passing over 500,000 was left for her care. Sister in law lied about where she was going to take mother in law to sign a POA(durable) AFTER dementia diagnosis. Not a DOLLAR has been spent in care of mother in law. I have paid all bills, my wife has cleaned,cooked and chauferred... View More
answered on Jan 26, 2017
Check with the administrator or trustee to see if you're in the will or trust. You may file a Probate action in court or respond to one if it's already been filed. Otherwise, you might be able to sue the estate of the deceased if that is palatable to you and if there was a prior signed... View More
What can the family do, as she cannot see the issue and will not consent to evaluation
answered on Jan 26, 2017
A conservatorship may be appropriate. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More
answered on Jan 23, 2017
It depends on the nature of the crime and the specific facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More
Hello- Long story short- 80 year old Father has dementia and been in this position for the last several years. At age 70 he married my step mother. They eventually made new wills and possibly a new house deed. My mother says that she and my father retained 50% ownership in my father's house. I... View More
answered on Jan 20, 2017
You may try to challenge the will's validity based on competence arguments. If there is no restraining order, I see no reason why you cannot see your dad; but if you cannot access him legally, you may need to file for a conservatorship order. The best first step is an Initial Consultation with... View More
She wanted to be full code but hospital keeps going back to old DNR that was signed by my sister.
answered on Jan 9, 2017
If it is still an issue you need to go to an attorney to see what is happening. Not clear why they are using an old one--was the new one not notarized?
Did she sign another advanced directive on going into the hospital?
If it is no longer an issue and she has passed there might... View More
She has dementia.
answered on Dec 20, 2016
Of course there is a remedy. You have described what is known as elder abuse. Go to the local police precinct and file a report immediately. And contact this agency: http://ocfs.ny.gov/main/psa.
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answered on Dec 16, 2016
It depends on whether the setup of the account allows for it, but I would caution you against it in any event since on it's face it can appear to be self-dealing. Since you are still married and he has diminished capacity due to his illness I would suggest that you go through the process of... View More
Those bank accounts, either I was joint owner or beneficiary. He put my mother into Medicaid program. What are my legal remedy to recover those money and safe guard money without Adult Protective Services involved?
answered on Dec 5, 2016
You should go to the police immediately and make a report for elder abuse.
She lives in Plattsburgh, NY but was helicoptered here last Thursday. Her health is going down hill fast and her prognosis doesn't look good. While she still has periods of alertness, we need my sister to have Power of Attorney. Can someone come to the hospital with a POA and explain it to her... View More
answered on Nov 18, 2016
You do not need an attorney to actually visit your mother. A POA does not need an attorney to be a witness; you can get a Notary. New York has a Statutory Short Form for a Durable General Power of Attorney. If you want to get an attorney to help, search for an Elder Care attorney near your... View More
A nursing home is refusing to speak to me about a relative's death. She should have qualified for state aid for funeral expenses and due to some errors in her accounting where funds should have been paid from her SSI and Medicare to nursing home ,and overages are still showing when they... View More
answered on Jun 28, 2016
First of all you should find a lawyer to retain in your location who has experience dealing with nursing homes. In Illinois there is law that requires medical providers to release medical records, nursing home records and the like by a member of the family, spouse or next of kin. Nursing homes... View More
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