It is good that you are recognizing this could be a problem up front, so that it can be handled. There are two ways to approach it. One is to accept there is a penalty for an improper transfer, and arrange to pay (value of car/average monthly private pay rate for this year, currently $7,453 =... View More

As long as you did not sign documents as the responsible person for your mother's bills, you are not responsible. If you were your mother's agent under a power of attorney, and if you signed as her agent, you should have put a POA by your name to designate that you weren't signing... View More

Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers... View More

There is just too much baked into this question. The roommate, based on this description, does not have a specific duty to your father. I am certain that the police will look into this matter too find out what she knew and when she knew. The answer to those questions would impact my answer.... View More

Just make out new POA documents, which will revoke all prior ones. You really want to create new potential proxies in the event something happens to you anyway. You can also write a simple statement revoking a specific person's proxy status effective as of a particular date, then send it... View More

The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More

The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More

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answered on Aug 4, 2023

Unfortunately this is likely a time to seek guardianship over your mother. If she is declining and isn't able to take care of herself, you will need to petition the probate court to obtain guardianship over her. If she refuses to see a doctor who can perform a competency exam, you will also... View More

Check your local court web site for the information required for guardianships. Many courts post that on-line. Use the Find a Lawyer tab to retain a local attorney who handles guardianship cases and discuss the situation and what will be required, which might be complicated a bit because you... View More

It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.

Or you can get qualified for Medicaid first. Then,... View More

If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... View More

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022

You can hire an attorney to contest the will on the basis of lack of capacity or undue influence or both. Do not delay because there are deadlines for will contests. If you miss a deadline you will lose your right to ever contest the will.

You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... View More

If a doctor will confirm that without your uncle's care and assistance, your Grandmother would not have been able to continue living in her home, for as long as she was able to, your uncle should be allowed to continue to live in the home as long as he wishes. When he no longer needs to... View More

You should contact an elder law attorney. You MAY be able to transfer the house to her if you need Medicaid, but if you contact an elder law attorney, they would be able to advise you as to whether that is possible.

Why do you need to send them a letter?

Your mother can sue the family member with the POA if that family member has exceeded the scope of authority granted in the POA. Alternatively, your mother can revoke the POA if she does not want that family member acting on her behalf anymore.