No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they...Read more »
My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »
Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want....Read more »
Parent is on disability and Medicade/Medicare. Currently in recovery center in Calabash, NC. Dr. in SC stated he has dementia. Facility is planning on sending him home despite diagnosis. They suggested private home health care. I have not spoke to my father sine 2016 for about 30 minutes. Before... Read more »
Yes, it would likely apply but only to the extent that yourself and your immediate family are provided for. In other words you are likely only gonna be responsible for 'pops' to the tune of what ever is leftover each month after you have handled your personal and family obligations. If...Read more »
She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband... Read more »
Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could... Read more »
First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives...Read more »
A person’s primary residence isn’t considered a countable asset for Medicaid purposes if they intend to return to the home (this is a very low standard to meet) so owning it wouldn’t impact his eligibility to qualify. Any cash that he received from the sale of the home would count against his...Read more »
Probably not an actual crime. However, protections need to be put in place. Is there a durable power of attorney? An agent under a durable power of attorney would be able to offer some protection in this type of situation. This needs to be done before the dementia progresses.
Recently my grandmothers daughter that was POA over all my grandmothers stuff passed away and the power fell to her eldest daughter. Her daughter that was POA had a life insurance policy that the eldest daughter up in New York claims she s taking over but needed a new signature from my grandmother... Read more »
If someone has the mental capacity to sign, but cannot physically sign on their own, it is acceptable just to make an "x", have someone assist with holding the pen, or can even direct someone to sign their name. However, if the person's mental state is such that he/she does not...Read more »
Very complex question with no easy or simple answer. If he believes he was terminated due to age, he will need to file with the EEOC. However, it is very important for him to consult with an experienced employment attorney.
Depends. The registering and filing requirements can be waived so it likely depends on how the POA was drafted. There have also been some fairly recent rule changes for POA's in NC, so it would be a good idea to consult with a local attorney.
My mom has dementia and is in a nursing home in NC. The home will not disclose any information to me because my brother didn't list me as family. He does not have guardianship nor does he have power of attorney. The nursing home says since he registered her, he makes the decision.
1 was a bartender/server for 30 yrs. 10 yrs ago l was prescribed methadone for a medical condition not related to addiction & didn't need to work. Now, I'm fighting an addiction, and on a fixed income @ 62 yrs old. I'm in recovery & don't dare take the chance of being in... Read more »
Hope you tell your GOP Senators and Congressman about this as they seem to think people like you can just get insurance and need no help. There are "spend down" and other ways if you are "medically needy" of qualifying for medical assistance, but these vary by state. See if...Read more »
Her son has power of attorney she grandmother is 86 owns her home and is in good health in her right mind son put her in nursing home and is trying to sell grandmothers house grandmother needs help to revoke power of attorney but don't know what to do please help
First the POA doesn't really give the son the right to put someone in the nursing home- it's more of a financial document. If mom is in the right mind she can say NO. It's healthcare proxy that allows one to make health care decisions.
If that is your dad's wish, then yes, she can carry it out. If your dad does NOT want the remainder of his belongings divided then no. As power of attorney she can do whatever he could, but she cannot act against his wishes.
In the grand scheme of things, if he has the property with...Read more »
My parents have been divorced before. My concern is my mom leaves my dad after he has surgeries and when is he sick. She just wants him to die so she can have his wealth. She left him and he passed out and I came to help from another state. She has left again to Ohio and he is a terminally ill... Read more »
You may want to consult with a local attorney regarding being appointed as a guardian. If your father is competent, he may also want to consider modifying his will. He likely will not be able to cut her out completely but he could likely limit things to he elective share.
Making a Power of Attorney gives an Agent the ability to take certain actions, in addition to the Principal (a power of attorney does not affect an individual's ability to make his or her own decisions). However, it sounds like your mother in law may not be capable of making her own decisions...Read more »
03cvd6867 the initial case of Civil & Marital Rights Violations by Power of Attorney Abuser and Attorney Misconduct. Evidence of Truth wrongfully withheld. False testimony given to deceive Jury and NC Court of Appeals 398P08.
My grandparents are in bad health. If they deed their land to me and have to later enter a nursing facility what are the rules? I was told the land could be claimed by nursing home in 5 year? Im confused? How can i protect it?
Medicaid has a Five-Year Lookback period. This means that Medicaid can look back five years from the date that an applicant enters a nursing facility. Any gifts or transfers made for less than fair market value in the five years preceding the date of entry will disqualify the recipient from...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.