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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
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.
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.
answered on Jan 21, 2020
Aside from a physical search you might try:
https://eapps.naic.org/life-policy-locator/#/welcome
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.
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.
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
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
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... View More
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... View More
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... View More
... and qualify for Medicaid?
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.
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... View More
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.
possible to get it invalidated?
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... View More
My wife just passed away and I am currently living in a renting house.
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.
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.
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.
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 this helps!
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... View More
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... View More
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.
... 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)... View More
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
She was on hospice when he made the decision to marry her.
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.
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... View More
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... View More
We believe this man intended to defraud our father. Can we bring suit for elder abuse even though our father has died?
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.
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