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Oregon Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Oregon on
Q: Can my sister sue me for elder abuse if my elderly mother said that is not happening?

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... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 13, 2017

Elder abuse is based on a definition of elder abuse found in the Oregon Statutes: 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... Read more »

2 Answers | Asked in Civil Litigation, Family Law, Elder Law and Car Accidents for Oregon on
Q: My parents are 89 & 90. My Dad still drives. He should not be driving. What is my liability?

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... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 5, 2017

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... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for Oregon on
Q: If my parents leave unpaid health care debt are stepchildren held responsible?

I am referring to Oregon law 109.010 or the filial responsibility law.

Joanne Reisman
Joanne Reisman answered on May 31, 2017

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 »

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1 Answer | Asked in Elder Law and Estate Planning for Oregon on
Q: My mom passed last month and my dad is now in an assisted living home. He needs money for his care, can we sell assets?

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 »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 24, 2017

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 »

1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: Just curious if charges could be filed against my mothers fiduciary's?

They've stolen from her prior to her doing her walk thru, they have cut off all contact with my husband & I, They are not paying her Avamere bill & we were sent an eviction notice. I could go on.

Joanne Reisman
Joanne Reisman answered on May 2, 2017

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... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Oregon on
Q: Why is it that only a child can inherit a house, not a grandchild who has kept grandparent out of nursing home 2 years?

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... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Apr 19, 2017

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 »

1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: How do I have my mother become a ward of the state?

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... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 24, 2017

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... Read more »

1 Answer | Asked in Elder Law, Collections and Estate Planning for Oregon on
Q: My dh died 12/23/16. He told me to mark any bills directed soley to him "deceased" and return. Now I am getting

constant calls from banks. I don't answer because I'm afraid. The will won't be probated because there are no assets. What should I do?

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 23, 2017

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... Read more »

1 Answer | Asked in Elder Law, Business Formation and Contracts for Oregon on
Q: Elderly sitting, like babysitting but for the elderly

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?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 9, 2016

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 »

1 Answer | Asked in Elder Law for Oregon on
Q: Can a person make a legally binding decision for a later time in their lives?

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 »

Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

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...
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1 Answer | Asked in Elder Law for Oregon on
Q: What are the ramifications of a family member spending an elders money on things other than costs associated with care?

The elder lived part time in Oregon with a family member... We later found this person had drained money from his accounts for personal use.

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 8, 2011

This elder abuse and financial fraud. All funds should be returned to the victim or the victim's estate.

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