If she cannot pay the minimum payments, the interest will continue to accrue and after 2, 3, or 4 months of not making the minimum payments (depending on the creditor), the creditor will close the account to further purchases. After 6 months, the creditor will charge off the balance. This is an... View More

If your father is no longer mentally competent, you can petition to be appointed as his guardian. If he is mentally competent, he can legally spend his money however he wants, including buying junk food for a younger girlfriend and those living with her. APS investigates allegations of elder... View More

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answered on Jun 29, 2025

Yes, a representative of the estate of your mother can sue a nursing home for negligence resulting in her injury or death. However, there are many factors that must be considered before taking on that task. First, when did the negligent act take place? There are time limits that apply in all... View More

You need to speak with an attorney immediately to discuss your, and your mother's, rights. I would suggest perhaps filing to have your mother provisionally interdicted and attack her competency now, before your mother passes away. Once she's deceased, it will be more difficult to prove... View More

Under California law, medical malpractice claims must generally be filed within one year of discovery under MICRA (Cal. Civ. Proc. Code § 340.5), but your case may also involve federal claims against the VA or military contractors. Since radiation exposure and service-related injuries are complex,... View More

Were you involved a "radiation-risk activity" recognized by the VA, such as:

Participation in atmospheric nuclear weapons testing (1945–1962).

Occupation of Hiroshima or Nagasaki (August 6, 1945–July 1, 1946).

Cleanup of Enewetak Atoll (1977–1980).... View More

I'm very sorry about your mother's fall and stroke. Your most productive option could be to try to arrange a free initial, no-obligation consult with attorneys. If a law firm expressed interest in the matter, they could retrieve the medical records and review with health care... View More

So sorry to hear what happened to your mother. As my colleagues correctly advised, get copies of your mother's medical records and best to speak with an experienced personal injury / medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2025

I'm sorry to hear about your mother's condition. Situations like this are deeply upsetting, especially when the health and safety of a loved one in a nursing facility are at stake. In New York, nursing homes are legally required to provide timely and appropriate care to their residents.... View More

The first issue in determining whether a medical malpractice case is viable is the Statute of Limitations, which in CA is either one year from the date of the action constituting malpractice or 3 years from the date of the discovery of the malpractice.

The next issue is determining whether... View More

Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), you generally have one year from the date the patient knew or should have known about the injury caused by medical negligence. Since the correct diagnosis of congestive heart failure was eventually made and treatment started, that... View More

If your transaction occurred more than 5 years before the Medicaid/SoonerCare application, then it is outside of the lookback period. However, if you have not filed the contract for deed with the county then you may run into some proof issues. The courts view a contract for deed as if the owner... View More

If the hospital erred in administering the proper dosage of methadone, that could support a malpractice claim. The value of that claim, if successful, depends on the harm sustained. The harm is not described, so no once can offer any suggestions on whether this is a claim worth pursuing. Your... View More

So sorry to hear what happened to your mother. You can certainly report the incidents to the NYS Department of Health if you suspect (or have evidence) that she's being abused or neglected, or mistreated, https://apps.health.ny.gov/surveyd8/nursing-home-complaint-form

With regard to... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I am sorry to hear about what your mother has experienced. If your mother has suffered multiple shoulder dislocations while under the care of a nursing home, this situation raises serious concerns about negligence, improper care, or even abuse. In New York, you have several legal options to address... View More

I'm sorry for your mother's ordeal. One action you could take is to again bring your concerns about her injuries to the facility. Another action could be to discuss with attorneys. If you have medical records in terms of dislocations or rotator cuff injury, those could be meaningful to an... View More

If you didn't sign anything agreeing to become personally liable, then only your mother's Estate is liable. You don't have to talk with them. If you end up doing a probate of your mother's Estate, then your probate attorney can advise you on how to correctly deal with creditor... View More

Only if you agreed to be personally responsible for such charges.

Your mother, or her estate now that she is deceased, ought to be responsible for such charges. The personal representative of her estate should have paid any of those expenses before distributing any of your mother's... View More

Ronald Lee Baranski Jr Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2025

No generally you don’t owe anyone debts incurred by your mom. The only concern I would have is if upon admission you inadvertently signed some document accepting liability. I would request that the nursing home send you copies of any document you signing allegedly guaranteeing payment. If they... View More

If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney. Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of... View More