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Oklahoma Elder Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Q: How can a family caregiver get the right to occupy a deceased mother's home

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file it... Read more »

Kyle Persaud
Kyle Persaud answered on Apr 5, 2019

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...
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2 Answers | Asked in Elder Law for Oklahoma on
Q: What do I do if we need an advance care directive for my mother, but she has dementia?
Richard Winblad
Richard Winblad answered on Dec 11, 2018

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...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: What should I do if my kids are trying to put me in a nursing home but I refuse to go?
Richard Winblad
Richard Winblad answered on Nov 30, 2018

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...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: If my spouse is going into a nursing home, can he or she transfer all of his or her assets to me ...

... and qualify for Medicaid?

Richard Winblad
Richard Winblad answered on Nov 19, 2018

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.

2 Answers | Asked in Civil Rights, Criminal Law and Elder Law for Oklahoma on
Q: What would be the typical bond for Exploitation of elderly or disabled adult and what to do if falsely accused

My Mom was helping this guy that asked to take care of him giving him baths and cleaning his house and to fix his house up and to get rid of a severe case of bed bugs and he gave her is credit card and the pin and car keys when he went to the hospital and my mom went and bought the things needed to... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Oct 8, 2018

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.

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1 Answer | Asked in Elder Law for Oklahoma on
Q: If my grandma signed a nursing home arbitration agreement two days before she was diagnosed with Alzheimer's, is it

possible to get it invalidated?

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Sep 24, 2018

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...
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1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: How can I spending down my wife's life insurance benefit ($100K) while receiving medicare and medicaid benefit?

My wife just passed away and I am currently living in a renting house.

Richard Winblad
Richard Winblad answered on Sep 6, 2018

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.

1 Answer | Asked in Elder Law for Oklahoma on
Q: Can I petition for guardianship or conservatorship for my mom in OK if I live in IL?

My mother who lives in Okmulgee County, OK has been diagnosed with dementia, and I want to petition for guardianship and/or conservatorship. However, I live in IL. Per law 304104, I don't think OK nonresidents can be guardians, and I am not sure about conservatorship.

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Sep 4, 2018

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.

2 Answers | Asked in Elder Law for Oklahoma on
Q: Can people of any income level qualify for Medicare?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Aug 3, 2018

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...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: Does having an IRA impact Medicaid eligibility?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 20, 2018

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...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: How do you go about getting power of attorney for an aging parent?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 25, 2018

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...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: What can I do if I have been exploited by a woman that pretended to be my girlfriend.
Richard Winblad
Richard Winblad answered on Mar 28, 2018

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.

1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Q: Oklahoma trust question; my stepmother created revocable trust in 2006 - she passed in February, 2017 ....

... successor trustee, an attorney, immediately took over trust - we found stepmothers daughter liquidated all properties and assets of stepmother while she was alive and put it into trust - trustee did not notify any of the 4 current beneficiaries from our side of the family (we are easily found)... Read more »

Richard Winblad
Richard Winblad answered on Feb 13, 2018

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

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Can my mom's boyfriend get her car and house from previous marriage if they are to get married before she dies?

She was on hospice when he made the decision to marry her.

Gary Johnston Dean
Gary Johnston Dean answered on Jan 22, 2018

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.

1 Answer | Asked in Elder Law for Oklahoma on
Q: My mother has blocked my access to my father. Can I get an order to allow me calls or visits?

My dad is 97 and failing physically but mentally competent. My mom, who has mental health issues, has convinced herself that I am out to steal his money and refuses to allow me phone calls or letters.

I have refrained from going over in person because I want to avoid even the appearance of... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jan 22, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: My father died last January (2017) at age 99. We are aware that a 'business associate' 'borrowed' about $250,000.

We believe this man intended to defraud our father. Can we bring suit for elder abuse even though our father has died?

Richard Winblad
Richard Winblad answered on Dec 11, 2017

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.

1 Answer | Asked in Real Estate Law, Elder Law and Federal Crimes for Oklahoma on
Q: WHAT DOES IT TAKE TO RESCIND A DEED IN OKLAHOMA? MY DEED WAS DIVIDED AND NOT ALL PARTIES WERE PAID.

JOINT DEED, ONLY ONE PERSON GOT PAID, PARTY "A" QCD TO PARTY "B", THEN PARTY "C" REFUSED TO PARTICIPATE. IT WAS ABOUT MINERAL ESTATE IN OKLA

Richard Winblad
Richard Winblad answered on Aug 23, 2017

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.

1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Oklahoma on
Q: Prents moved to assisted living. Can the state seize their home for payment even if I am also on the title?

Oklahoma

Richard Winblad
Richard Winblad answered on Aug 23, 2017

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....
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1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: What do I have to do to get power of attorney over my mother?

She's retired but sensing all her money to these scammers promising her all kinds of gifts. She has lost her health insurance and she has M.S. and hasn't paid any bills in over 4 months because they keep telling her as long as she keeps sending them her money they will give her all kinds of money... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jun 14, 2017

You should retain a family Law attorney immediately to petition for guardianship, requesting an immediate emergency appointment to stop the drain of funds.

2 Answers | Asked in Elder Law for Oklahoma on
Q: How do I find out statue of limitations on Financial Exploitation of the Elderly./
Adam Studnicki
Adam Studnicki answered on Feb 6, 2016

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...
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