answered on Sep 29, 2016
If your mom is competent you ask her. You can ask anyone anything but I think your question is does the POA have to tell you. Unless the poa she filled oiut says they do, they don't.
The person with dementia lives in a carehome. Her son who lives in the house that she owns was not paying the property tax for 3years, the tax bureau was ready to auction the house due to unpaid taxes. When the legal guardian found out about it, she immediately called the tax bureau and paid the... View More 
answered on Sep 18, 2016
Good question.Maybe son was expected to pay as "rent" on the property?
He does not own property but does have some money in the bank. I am on his bank accounts. Does the money automatically become mine if he passes?
answered on Jul 5, 2016
It will depend upon whether you simply have signing power or if the account is a joint account. If it is a joint account, the money will become yours. If it is not a joint account, an estate will clearly have to be opened, and you will need a lawyer. If you check with the bank, they will tell you... View More
My mother named in her will my brother to be executor, durable power of attorney for her finances and healthcare/advanced directives. My brother announced in the second week of July he was moving out of state to build a new house and retire. My mother then tried to change her will and have me to... View More
answered on May 5, 2016
I am not sure what your question is. The fact that your brother is moving out-of-state does not prevent him from continuing to serve as Executor of the estate. If, however, your brother chooses not to continue to serve as Executor, a lawyer can prepare a simple form for him to renounce, i.e., to... View More
Gramma gets railroad retirement benefits, my husband gets social security, and I have no income, though I do bring food stamps into the household as part of the two thirds of the food we contribute. She maintains the house, ie a new roof, her car repairs, etc. The utility bills are in her name,... View More
answered on May 5, 2016
It is not really clear what your question is--your "rights" as to what? Generally, without some type of contract, you would have no rights to anything. If your grandmother were to die without a Will, and if she has no living children, however, you, along with any other grandchildren,... View More
will be admitted to a nursing home. They are both collecting S.S benefits and he has a workers comp settlement in a bank in both of their names. We need to know if she is entitled to half of that money from the workers comp and also part of his SS benefits to live on.
answered on Feb 27, 2016
If the money is in a joint account, it belongs to both of them regardless of the initial source of the money.
I am 94 years old. I have been in a nursing home for 2 months. I am widowed.
I have two children.
answered on Feb 6, 2016
Talk to an elder law or estate planning lawyer about your situation.
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... View More
answered on Sep 6, 2013
You must appoint him. Otherwise, he has no authority to act for you when it comes to finances. For healthcare, you would make your own decisions if you are competent. If you are not competent and it was an emergency, perhaps your spouse could act but he would have to get guardianship papers. It... View More
answered on Sep 6, 2013
It depends on facts which you do not divulge. Is the family intact? Then the answer is no. Parents have a right to decide who their child will associate with some exceptions.
Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three... View More
answered on May 31, 2013
Why can't she just leave? Is she mentally competent?
If your post suggests that she is not mentally competent and that she has a guardian who refuses, then you would need to see a lawyer about this.
answered on May 18, 2013
If the agent "stole" $500,000 then he/she can be criminally prosecuted and ordered to pay restitution.
Mother's new POA or guardian should be talking with an elder care law as to what actions can be taken against the former agent.
Is mother eligible for Medicaid? That... View More
answered on Apr 24, 2013
Not unless the attorney is also a medical doctor.
The attorney may know if a client is acting a little off at a personal meeting. If the attorney's suspicions are aroused and the lawyer feels that the client may not be competent, an ethical competent attorney either would refuse to do... View More
answered on Jan 19, 2013
If your mother is mentally incompetent, you cannot ger a power of attorney. You contact an attorney about becoming your mother's legal guardian.
answered on Jun 3, 2012
If your question is how can you have a power of attorney prepared and executed, then you can contact an attorney in your area that handles estate planning and/or elder law. A referral can be obtained from your local county bar association or by running a search online for an estate planning or... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
