Oklahoma Elder Law Questions & Answers

Q: How can a family caregiver get the right to occupy a deceased mother's home

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Answered on Apr 5, 2019
Kyle Persaud's answer
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your deceased relative. You may have to go to the office of the county clerk to find this document.

Then look at the deed. When you look at the deed, ask the following questions:

1. Does the deed...

Q: What do I do if we need an advance care directive for my mother, but she has dementia?

2 Answers | Asked in Elder Law for Oklahoma on
Answered on Dec 11, 2018
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,...

Q: What should I do if my kids are trying to put me in a nursing home but I refuse to go?

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Nov 30, 2018
Richard Winblad's answer
Sorry for your issues.

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.

Q: If my spouse is going into a nursing home, can he or she transfer all of his or her assets to me ...

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Nov 19, 2018
Richard Winblad's answer
Sorry for your issues.

There are many things that can be done to protect the assets. With good planning a couple can preserve most of their assets.

Q: What would be the typical bond for Exploitation of elderly or disabled adult and what to do if falsely accused

2 Answers | Asked in Civil Rights, Criminal Law and Elder Law for Oklahoma on
Answered on Oct 8, 2018
Frank A. Urbanic's answer
That varies by county and by judge. If bail has not been set yet, then contact a bondsman in the area. They will likely have the best estimate on what it may be.

Q: If my grandma signed a nursing home arbitration agreement two days before she was diagnosed with Alzheimer's, is it

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Sep 24, 2018
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...

Q: How can I spending down my wife's life insurance benefit ($100K) while receiving medicare and medicaid benefit?

1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Answered on Sep 6, 2018
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.

Q: Can I petition for guardianship or conservatorship for my mom in OK if I live in IL?

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Sep 4, 2018
Reece B. Morrel Jr's answer
Yes, you may petition for Guardianship but you will need someone residing in Oklahoma to help "administer" the Guardianship - someone that the Court has authority over.

Q: Can people of any income level qualify for Medicare?

2 Answers | Asked in Elder Law for Oklahoma on
Answered on Aug 3, 2018
Reece B. Morrel Jr's answer
Typically, income is not considered in determining eligibility.

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.

Hope this helps!

Q: Does having an IRA impact Medicaid eligibility?

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Jul 20, 2018
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...

Q: How do you go about getting power of attorney for an aging parent?

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Jun 25, 2018
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.

Q: What can I do if I have been exploited by a woman that pretended to be my girlfriend.

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Mar 28, 2018
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.

Q: Oklahoma trust question; my stepmother created revocable trust in 2006 - she passed in February, 2017 ....

1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Answered on Feb 13, 2018
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

Q: Can my mom's boyfriend get her car and house from previous marriage if they are to get married before she dies?

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Answered on Jan 22, 2018
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.

Q: My mother has blocked my access to my father. Can I get an order to allow me calls or visits?

1 Answer | Asked in Elder Law for Oklahoma on
Answered on Jan 22, 2018
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...

Q: My father died last January (2017) at age 99. We are aware that a 'business associate' 'borrowed' about $250,000.

1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Answered on Dec 11, 2017
Richard Winblad's answer
First of all sorry for your loss.

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.

Q: WHAT DOES IT TAKE TO RESCIND A DEED IN OKLAHOMA? MY DEED WAS DIVIDED AND NOT ALL PARTIES WERE PAID.

1 Answer | Asked in Real Estate Law, Elder Law and Federal Crimes for Oklahoma on
Answered on Aug 23, 2017
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.

Q: Prents moved to assisted living. Can the state seize their home for payment even if I am also on the title?

1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Oklahoma on
Answered on Aug 23, 2017
Richard Winblad's answer
Sorry your family is facing this issue.

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...

Q: What do I have to do to get power of attorney over my mother?

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Answered on Jun 14, 2017
Gary Johnston Dean's answer
You should retain a family Law attorney immediately to petition for guardianship, requesting an immediate emergency appointment to stop the drain of funds.

Q: How do I find out statue of limitations on Financial Exploitation of the Elderly./

2 Answers | Asked in Elder Law for Oklahoma on
Answered on Feb 6, 2016
Adam Studnicki's answer
Talk to a local elder law or elder abuse lawyer.

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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