Richard Winblad's answer It depends upon the level of dementia. If she doesn't have sufficient competency to understand what she wants, the law has provisions for who makes the decisions.
63 OS Section 3102.4
When an adult patient or a person under eighteen (18) years of age who may consent to have services provided by health professionals under Section 2602 of Title 63 of the Oklahoma Statutes is persistently unconscious, incompetent or otherwise mentally or physically incapable of communicating,...
Unless you are deemed incompetent they probably cannot force you. You may want to explore other options including home health, Oklahoma ADvantage program (assistance provided at state cost to you), assisted living etc.
You should consult your physician for his or her evaluation of your health.
Reece B. Morrel Jr's answer You probably should consult with an attorney on this one. Your specific case will be very "fact-intensive."
In order to sign a contract, you must have "legal capacity." If your grandmother did not have legal capacity (due to Alzheimer's), the next question to ask is whether or not the nursing home knew or should have known that she did not have legal capacity.
By the way, on it's face, there is nothing wrong about having an arbitration clause - they are very common and are...
Richard Winblad's answer Medicaid is extremely complicated and it would be impossible to provide an answer based upon your scenario. For instance, you were not clear whether you or your wife is the person receiving benefits.
The usual age of eligibility is 65 years old. However, Medicare is available to those that have been eligible for Social Security disability benefits for at least 24 months or who have end-stage renal disease.
Reece B. Morrel Jr's answer This one can get complicated very quickly. For example, is the IRA in payout status? If so, the answer is yes. Is the person married? If yes, part of the IRA may be allocated to the spouse. Also, what is the total value of the IRA account?
The thing to remember, is that Medicaid can look at income AND resources. So you may find yourself in a situation where you qualify under one test, but fail the other.
You should really contact a Medicaid Planner or Elder Law attorney for...
Reece B. Morrel Jr's answer I would recommend that you and the parent meet with an lawyer to discuss the situation. (Not just any lawyer. But a lawyer familiar with estate planning and elder law issues.)
If the parent has legal capacity and voluntarily agrees to do so, the lawyer can promptly prepare the necessary documents.
If the parent does not have legal capacity or is unwilling to do so, then you may need to consider filing a guardianship for the parent.
Richard Winblad's answer You may want to contact the Adult Protective Services division of the Department of Human Services. If this was an internet email dating scam they won't stop attempting to contact you. You could sue if defrauded but it is very unlikely that any attorney would take it on a contingency basis.
Richard Winblad's answer You should visit with an attorney who does trust litigation. It is likely that you are entitled to see all of the documents. If you know who prepared the trust, you might ask the attorney for a copy.
"You never really know someone until you share an inheritance with them." Mark Twain
Gary Johnston Dean's answer Yes, that is possible. A spouse is entitled to 1 vehicle of their deceased husband or wife, IF they want it, unless the title is held jointly with some other person. Sorry about your mom, hope she gets better, and that her new husband, IF they get married makes her life a bit better.
Gary Johnston Dean's answer Less expensive method would be to conduct Adult Protective Services division of the Department of Human Services in your county, share your concerns, and ask that they check on your dad. You also may want to go over to visit him, and take a witness with you to video your asking to visit. You also should try to telephone your dad, and record the calls. In Oklahoma you do not need to tell the other person on the call that you are recording them. You should do this before you visit DHS so you have...
The loaned money may be an asset of the estate. Much would depend upon various defenses the partner may have. You would file a probate action and sue as personal representative of the estate if the partner does not pay voluntarily.
Richard Winblad's answer Your question is not really clear. Sounds like Party C did not sign any deed. Party A can sell only his/her own interest. If these are mineral interests Party C should be unaffected by A's deed.
If your parents are receiving Medicaid benefits there is a potential that the State may want to place a lien on the property. There are many factors to consider including timing of your name being added to the title and who contributed funds.
There are many issues you may want to consider including whether or not your parents qualify for Aid & Attendance. You should visit with an Elder Law attorney regarding these issues. I am...
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
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