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Oklahoma Elder Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
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1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have DPOA over my mother signed in Georgia in 2012. She lives in OK now. Does OK recognize out of state DPOA?

I called her Medical insurance company and they said that they couldn't talk to me as they didn't have an OK DPOA. The GA DPOA had 2 witnesses and a Notary.

Richard Winblad
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Richard Winblad
answered on Jul 11, 2023

Sorry to hear of your headache with the insurance company. This is difficult to answer without seeing the power of attorney your mother signed.

____________________

Oklahoma Statutes Title 56 OS Sec. 3006(C) states:

C. A power of attorney executed other than in this state...
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1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Q: Does new POA automatically cancel out old POA even though there is no clause to revoke ?

I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you

Charles Watts
Charles Watts
answered on Mar 23, 2023

POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Oklahoma on
Q: I live in my parents 2nd home in Oklahoma and am inheriting it eventually. Mom died 2019. Dad is 88.

My dad lives in Texas with my sister, her daughter and granddaughter. They have robbed him blind and I was called by Edward D Jones rep and told that they were using his money fast. I reported to APS. I was informed they already had open case and saw several problems. So my sister and her family... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Road trip.

It is definitely time for you to come visit your dad.

There are clearly several matters which need to be addressed.

1. If your mom is dead, you need to make certain her estate has been properly probated in the county where she was living when she died.

2....
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1 Answer | Asked in Elder Law, Estate Planning and Family Law for Oklahoma on
Q: My 83 year old father is being scammed and he’s sending money to who he thinks is a 20 year old that’s wanting to marry

him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?

Reece B. Morrel Jr
Reece B. Morrel Jr
answered on Jan 4, 2023

To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Oklahoma on
Q: Can a 85 year old diagnosed with dementia revoke power of attorney or transfer it?

Oklahoma Durable Power of attorney question:

My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..

My grandmother wants to revoke or transfer durable power of attorney from a family... View More

Nina Whitehurst
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answered on Jul 20, 2022

A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.

To create a new one, see an estate...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: My mother has stage 4 cancer and has been in a specialty hospital for several weeks. The doctor advises the only thing

Keeping her alive is the IV nutrition. We would like to look at palliative or hospice care closer to home as she is 45 minutes from home now. Our stepdad thinks she is going to get better and live for years. We understand his hopefulness but disagree with the current plan of care at the specialty... View More

Charles Watts
Charles Watts
answered on May 5, 2023

Sorry you are having g to go through this tough time in your family. If your mother has an advance directive then that is to be followed, including having a medical proxy for making decisions. If she does not then they will turn to next of kin, which starts with spouse.

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Oklahoma on
Q: Can you claim ownership of a home you’ve been living in 17 years?

My grandmother has lived in her home since 2005-2006. There was never any written agreements for tenancy nor was the house sold to her. It was a verbal agreement between her and a friend that she was allowed to live there. Since, the owners have passed away and their daughter now owns the home.... View More

Charles Watts
Charles Watts
answered on Mar 28, 2023

Potentially has adverse possession claim, however if she was there with permission then that removes the adverse aspect. Contact a real estate attorney for your best advice.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oklahoma on
Q: My dad has dementia since 2020, I was poa. My daughter had him sign new poa in 2021not revoking mine, is this valid?

The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.

Anthony M. Avery
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answered on Mar 24, 2023

That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.

1 Answer | Asked in Adoption, Family Law and Elder Law for Oklahoma on
Q: Re: guardianship of my mom. My siblings were adopted out of the family. Do I need to serve official notice to my them?

I am the only one of my mom's children who wasn't legally adopted. I'm wondering if I should go through the process of paying a sheriff/process server to deliver the notice of guardianship petition.

Charles Watts
Charles Watts
answered on Dec 9, 2021

Since an adopted child still receives a childs portion of the estate of biological parents, I would send them notice in this matter as well. However, you can send it via certified mail and this is cost less than the sheriff/process server.

2 Answers | Asked in Elder Law for Oklahoma on
Q: If a parent’s home is to be given to the child in the will but the parent has became ill and requires assisted living

Or nursing home care can the house be signed over to the child before admission?

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
answered on Aug 9, 2021

There's a lot of different things that can be effected if the house is transferred to the child when the parent enters a nursing home. For example, if the parent is going to need to qualify for Medicaid to pay for their nursing home stay, transferring the home may penalize them on the Medicaid... View More

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1 Answer | Asked in Elder Law for Oklahoma on
Q: How do I, the eldest child, only son and living child obtain legal documents of POA? Granddaughter says she is POA

But will not produce legal documents. Thank you!

Jessica Brown
Jessica Brown
answered on Mar 22, 2021

If your parent is still living, you can ask your parent for them.

If you parent is deceased, then the power of attorney is no longer valid after death.

It might be good for you to contact an "elder abuse" attorney to ask them more specific questions here and describe your concerns.

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.

Ilana Sharpe
Ilana Sharpe
answered on Sep 23, 2020

I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you... View More

1 Answer | Asked in Elder Law for Oklahoma on
Q: can someone appoint two agents who can act independently or together in a durable power of attorney in Oklahoma?
Richard Winblad
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Richard Winblad
answered on May 13, 2020

Yes, but often that can be a bad idea especially if they disagree on a course of action while the principal is incapacitated. Generally, it is better to have an initial agent, then a successor.

1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: "Sane" mother refusing all healthcare, what can we do? Will family caregiver be in trouble if something happens to mom?

Mothers already bad health is rapidly declining and she refuses to be taken to any Dr. My sis lives with her and tries to care for her but mom is being extremely difficult and we are afraid my sister will be in legal trouble for not getting her help, if she dies. All of our family has tried every... View More

David Humphreys
David Humphreys
answered on Feb 1, 2020

Hire an elder law attorney for a consultation. Call her doctor and report what is happening. Talk to her and ask her why she doesn’t want to live. Tell her how it makes you feel that she doesn’t want to live.

Get real.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
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Richard Winblad
answered on Jan 21, 2020

Aside from a physical search you might try:

https://eapps.naic.org/life-policy-locator/#/welcome

2 Answers | Asked in Elder Law for Oklahoma on
Q: Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states

MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.

Richard Winblad
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Richard Winblad
answered on Jan 16, 2020

Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.

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1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: What's the chances of going to prison if ive been charged with abuse of the elderly first offense
Tracy Tiernan
Tracy Tiernan
answered on Dec 31, 2019

Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are... View More

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... View 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...
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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
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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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