Get free answers to your Elder Law legal questions from lawyers in your area.
After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her... View More 
answered on Oct 1, 2020
No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.
answered on Jul 30, 2020
A POA can't make a will.
A POA document must have very specific statutory language in it in order to allow a POA to create an Irrevocable Trust.
Some POA documents require the Principal to be declared incompetent, but many do not.
What are my next steps I do not have financial POA. I have Medical POA
answered on Jun 2, 2020
You will need to hire an attorney and apply for guardianship over your mother's financial affairs in probate court.
You can make medical decisions for her now, since you are the Healthcare POA.
However, without either a guardianship or a financial POA, you won't be able to... View More
She is a joint account holder with her aunt. Her aunt has a will but has not named an executor. Upon her passing, will the money in her accounts go to probate or will it go to the joint account holder (mother in law)?
answered on May 21, 2020
It would go to the joint account holder, if the official account paperwork says that both account owners have "rights of survivorship."
There are red flags and suspicions that Live-in Caregiver may have manipulated her into these decisions. As a life long neighbor, I am deeply concerned. My neighbor is incoherent on her deathbed and has no family. How can I anonymously help before it is too late?
answered on May 3, 2020
This is a tough one. There is a lot to really think about and it is difficult to address over the internet.
At the very least, you can call your county Adult Protective Services and see if they want to get involved. However, it is a slow moving process.
Another possibility is for... View More
I worked n a nursing home 26 years, no thank you. It looks like hospice for me, we have wills and living wills. He has Tricare for life and so do I. He is my sponsor, I have no children and my two sisters have their own issues and are well off. What else do I have to do to keep me at home. I have... View More
answered on Mar 16, 2020
If your deed is a "joint with right of survival" deed with your husband, h the ownership will transfer to him upon your death. If you have to go into a nursing home, on Medicaid, your home would be a "protected asset" so long as your husband continued to live there. Whoever is... View More
Bro mad&forced mom2add him.mom upset.As her POA should i chg it back to mom orig intent since mom fearful 2upset bro? Thx (OHIO)
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answered on Mar 6, 2020
Be very careful as a power of attorney in putting assets in your name or naming yourself as a future beneficiary of assets. The law in Ohio is that if you do that as a power of attorney then the transfer is presumed to be the result of undue influence, and you must then overcome that presumption.
The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?
My older brother early 50's receive Medicaid do to stroke, aneurysm etc. I turned in his renewal forms. I'm his unofficial caregiver so i get Medicaid also. What I'd like to know is would Medicaid look back through my back account too? I have a savings not much but a few k I... View More
answered on Mar 3, 2020
Everyone who receives Medicaid will have their finances renewed annually. With the exception of spouses, each individual is reviewed individually, so your finances would not be considered in a review of your brother’s.
if the sale of the house? The deed was once in my sisters name but my mother put it back into her name after she got the mortgage.There are many more details and we would like to know if my mother needs to hire an attorney to protect what she has left
answered on Feb 27, 2020
Absolutely! Your mother needs to hire an attorney immediately to protect her rights. Your mother and your sisters right appear to be adverse.
Looking for legal advice concerning my family rights. Situation as follows.
Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... View More
answered on Feb 11, 2020
Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.
As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have... View More
he doesn't have any children (other than me)and his brother is the POA of his estate. What rights do I have to look after my father or even meet him.
answered on Feb 7, 2020
Unfortunately, the short answer is none. Everyone in the described fact pattern is an adult, meaning they can freely decide who they interact with. You do not have a protected "right" to meet him. While normally you may be given some say in his medical care as his only biological child,... View More
He has been taking care of his parents since his mother was hospitalized right before Thanksgiving. She has IBM , but is mentally alert and a feeding tube via PEG 5x a day. Then his father fell couple weeks ago from A-fib passing out - also hospitalized for placement of pacemaker. He also has... View More
answered on Jan 7, 2020
He can attempt to apply to the local probate court to become their guardian. If he is their guardian, then he can make all decisions for them.
Need to break lease asap. Would this be considered a legal reason?
answered on Nov 8, 2019
Not quite, you can always explain your landlord the situation and ask for options. They might be willing to let you out early or help set up a new tenant to take over the lease.
My father was placed into a nursing home because we could no longer care for him at home medically. He received a discharge letter from the current nursing home saying they were discharging him because of non payment even though they have been making payments since he arrived there. They currently... View More
answered on Sep 27, 2019
You have the right to challenge the discharge by filing an appeal with the Ohio Department of Health. It sounds like they have no proper grounds to discharge him. If you file the appeal within 10 days, then the nursing home must wait for the appeal to be decided before they do anything.... View More
I do not have POA or guardianship, but I have been handling the finances so to go on the trip I need to buy the ticket. Her safety is a concern. We live in Ohio.
my son is living with me because he has a protection order for domestic violence from his wife so he cannot have contact with his wife. he started staying in my home three months ago. Since then I have been verbally and mentally abused by him and have had to call law enforcement for protection... View More
answered on Sep 10, 2019
You should get a protection order to get him out immediately. If he makes a verbal threat, or actual physical assault, that should be enough. Talk to the police. And then use the Find a Lawyer tab to retain a local real estate attorney to help you deal with the eviction to do it properly and to... View More
answered on Sep 3, 2019
In general, Medicaid will put a lien on her portion of the property after her passing to recover any amount of Medicaid benefits they paid out while she was in a nursing home.
This is true, even if it is a survivorship deed (to the extent of her percentage of ownership.)
It is... View More
I have become disabled and can no longer do most of the work. Now she wants me to move because I'm no longer useful.
What can I do
answered on Feb 28, 2019
Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you of your options. If there is no written agreement allowing you to stay and money for your rent, then you might have to move.
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