I have been accused of violating my lease. They say they have me on camera. I have a signed statement from the man who actually committed the offense. I am 80 and in a wheelchair. I cannot take this harassment anymore. It is adversely affecting my health. I have been in Home Forward for 24... Read more »
It is unclear whether this is still in an informal state of resolution or if you are being sued in court. Either way, you likely do indeed need the aid of a landlord-tenant attorney. Simply make an appointment to review everything with a local one and see where you go from there.
After a divorce 5 years ago, Richard updated his Will, leaving everything to his adult children. We married 3 years ago, and he hasn't updated his Will or added my name to the two duplex rental property titles (except as 1% owner at time of purchase of the building which he/we bought with $40K of... Read more »
Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out of your spouses Will,...Read more »
To do a garnishment a creditor first has to have a judgment from the court. Then they have to serve garnishment papers on someone who has your property or money. So if you go somewhere to cash a check it is unlikely that your creditor would be aware of you doing this in time to serve garnishment...Read more »
to $550 with another 10% (compounded on the yearly increase) increase this year bringing it up to $605! We own our units. It is getting to the point that we cant even sell if we wanted out. We cant move our units and as the lease payment keeps increasing we cant sell or we would have to walk away.... Read more »
Sorry but no, a lanadlord can raise the rent as much and as often as they wish so long as they give proper and lawfully served 90 day or more advanced notice, assuming you are on a month to month tenancy.
Mom goes to hospital, and it's discovered in rehab that she now has permanent dementia. She moves home and has live in caregivers 24/7. Meanwhile, kids are looking for a permanent place to put mom. Soon after, mom's attorney says they can't do that, it was set up that she stay in her home.... Read more »
If mom's house is sold the money won't got to anyone and instead will go to pay for her care in a nursing home. Whether there will be any money left over for an inheritance is unknown. If there is a conservatorship set up by the court, then the Attorney who set up the conservatorship usually...Read more »
I work for an in home care giving company and would like to quite now. They told me I have to give at least a two weeks notice or they will turn me in for abandonment. Can they really charge me for that or are they just trying to scare me so that I stay longer?
If there is property of you mother's that has never been administered it is not too late to contact an attorney and see what if any steps need to be taken to finish administering her property. However, doing a formal legal proceeding such as probate is not required. It is only necessary if there...Read more »
My sisters have stolen a property from my mother, and I'm trying to get it back for my mother with a lawyer. Her lawyer said those two sisters are trying to build a case that I'm elder abusing my mother by doing something she doesn't want to do. My 87 year old mother is 100% coherent and she knows... Read more »
Elder abuse is based on a definition of elder abuse found in the Oregon Statutes: https://www.oregonlaws.org/ors/124.005. Your mother's opinion, while not insignificant, does not determine if a case of elder abuse does or doesn't exist. You should get your own lawyer and discuss the facts of the...Read more »
This is a broad question. Please help me understand what risk my siblings and I may have for our father driving. Is there any case law in Oregon setting precedence? In my mind's eye, we have a moral obligation to the public. My questions are: Knowing our Dad should probably not be driving - Can... Read more »
If you father does not live in your house, isn't driving your car, and isn't listed on your car insurance, I don't think you have any legal ties to him such that the damages for an accident he causes will come back on you. The indirect financial problem would be that if he causes an accident that...Read more »
ORS 109.010, to the best of my knowledge, only is actionable by the parties mentioned, ie a parent suing a child for support or a representative of the child suing the parent for support. The statute is not a mechanism for a third party creditor to hold the adult child responsible for a debt of...Read more »
My dad doesn't have a will and I am not sure he can actually get one because he has communication issues. Also, if he now wants to gives away property to his children, would this hinder his ability to get medicaid because it would be viewed as dumping assets in order to be fully funded for... Read more »
You may need to have a conservator appointed by the court for your father if he is unable to handle his own financial affairs. If he has the capacity to make his own decisions, he could appoint an attorney in fact under a power of attorney to assist in handling his financial affairs. Depending on...Read more »
We have no clue what type of fiduciary capacity these people have. If they have been appointed by the court their actions are subject to review by the court and you will need to get an attorney to help you seek such a review. If they aren't court appointed I am afraid we can't guess how they came...Read more »
I have been caregiving for my grandmother for 2 years this July and have thus kept her out of a nursing home. Even when we reach the two year mark she can't transfer the house to me just because of the technicality that I am a granddaughter and not a son or daughter. Her only living child has done... Read more »
Who told you this? PROVIDED your grandmother is of sound mind and she WANTS to leave the house to you, she can. If she wants to give the house to charity she can do that too. If she wants to give the house to the local fire department so they can burn it down as a training exercise she could do...Read more »
My mother has outlived her funds, She receives $1201.00 a month in Social Security. She does not qualify for medicaid and is being threatened with eviction. We have tried to find her another place to live in the area so she can stay close to her Doctors and there just isn't anything available as... Read more »
I would not assume that she doesn't qualify for medicaid. At her age, 86, she should probably be in assisted living and she should be able to qualify for medicaid that would help pay for that. She would have to spend her social security on the cost of her care and medicaid would pick up the rest....Read more »
If the bills are in the deceased's name alone, and are not liens on any property (for example, a mortgage) you are not obligated to pay the bills. The deceased's creditors can start a probate of his estate, but if there are no assets, the creditors won't bother. You should tell the callers to...Read more »
Four hour maximum sitting time only. CPR certification only. Not looking to make a big business out of this. Would I need insurance, and if so what type? Would a simple contract be enough to cover my bases?
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens...Read more »
The original question is very vague and potentially misleading, the actual question is this: Are there any legal avenues a person can pursue that would permanently prevent them from having to go to an elder care or medical facility later in life regardless of their mental condition at that later... Read more »
A local estate planning lawyer should be able to advise.
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...Read more »
This elder abuse and financial fraud. All funds should be returned to the victim or the victim's estate.
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