Lawyers, Answer Questions  & Get Points Log In

Tennessee Elder Law Questions & Answers

1 Answer | Asked in Elder Law for Tennessee on

Q: How do I get a legal way to take my mother out of assisted living and live with me.she does not like it there

I live in Tennessee she is in la.

Anthony M. Avery answered on Jun 20, 2019

If your Mother is in Louisiana, then that State's laws are controlling. Tennessee has nothing to do with it. Your Mother or yourself should contact a competent attorney in that State. Further it would be much better for a Power of Attorney to be executed in Louisiana, when it will be used there.

2 Answers | Asked in Divorce and Elder Law for Tennessee on

Q: Divorce case circa 1987, wherein one spouse has writ he is entitled to 40% of sale price for home in Huntsville, AL.

Divorce of 1987 states Mr. X is entitled to 40% of value of home in the event Mrs. X dies first.

Since paying off mortgage, Mr X has not put any money into maintaining the home.

The position is that Mrs X, by virtue of the fact that she has maintained the home for the past 30... Read more »

Anthony M. Avery answered on Apr 10, 2019

Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.

The exception would occur on ancillary jurisdiction of a will probated in Tennessee....
Read more »

View More Answers

1 Answer | Asked in Elder Law for Tennessee on

Q: If a POA has not been in contact with the person that named them over the whole year since they became it can it be rev

My father's sister is his POA she has not been in contact with him for the past year since you became his POA she has changed his life insurance policy to add her to have 10% of it and the two children she had taken or grandchildren have 45% of it a piece and not the others which is what he wanted... Read more »

Anthony M. Avery answered on Apr 1, 2019

The Principal of an executed Power of Attorney can revoke it at any time. He can issue a Revocation Document, which can be recorded at the Register of Deeds or it can be given to any important asset administrators such as a Bank or Insurance Company. He can always change the Insurance Designation... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on

Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separate loans it was the Redstone Federal credit Union I froze my account so I could not pay on the car payments 2 months behind on the $15,000 long because they froze my account would not take out the... Read more »

Timothy Denison answered on Mar 23, 2019

Hire a lawyer and file suit to block the sale and recover the money.

1 Answer | Asked in Family Law and Elder Law for Tennessee on

Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a

...general POA or conservatorship, or both. After selling her home and moving her to a nursing home, my sister-in-law will not give my mother-in-law copies of statements or other documentation regarding her finances, and we suspect my sister-in-law is taking or has taken large sums of money for her... Read more »

Leonard Robert Grefseng answered on Feb 5, 2019

Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your... Read more »

1 Answer | Asked in Elder Law for Tennessee on

Q: My sister has power of attorney over my disabled father. I have POA of our mother.

Do I have a legal right to demand a copy of all the bills, assets, etc. of our parents to ensure they are being managed correctly? My sister has been handling their bills and accounts and my mother is confused and doesn't understand what she is doing and my sister is not being transparent about... Read more »

Leonard Robert Grefseng answered on Sep 17, 2018

If your mother is still mentally competent, she should file court papers to be named conservator of your father- she as the spouse has the right to serve as his conservator even though he has signed a POA. Getting the courts involved may be the only way to get your sister to act openly.... Read more »

1 Answer | Asked in Elder Law for Tennessee on

Q: My mother is elderly and has become verbally abusive...she's also becoming violent. What are my rights as a tenant?

She has also called the police on me several times as a form of retaliation. I want to declare her incompetent, as she can no longer control her bodily functions. What can I do? I need help because I'm currently living with her and I'm nervous what she'll do next....

Leonard Robert Grefseng answered on Jul 25, 2018

In Tennessee, maybe the first thing to do is try to get her to go to her doctor, and tell the doctor about her behavior asking him/her to provide an mental evaluation. Usually some form of medical examination is required in order have a conservator appointed.

1 Answer | Asked in Elder Law for Tennessee on

Q: If a 59 year old brother resides in his 67 year old sister's home and pays rent, is he legally bound to care for her?

Sister is disabled and is a drug addict. Brother is suffering from Parkinson's disease. Brother has been told if he moves out, it is abandonment and he will be arrested. Brother does not have the ability to care for her and does not wish to be involved in her lifestyle. If he is legally bound, what... Read more »

Mr. William Ray Glasgow answered on Apr 7, 2018

Unless they have some sort of contract, he can do what he wants when he wants. If he is "legally bound" as you say by that contract, it needs to be examined by an attorney. Elder abuse is not tolerated in Tennessee and your brother should not be taken advantage of due to his Parkinson's.

1 Answer | Asked in Elder Law for Tennessee on

Q: If I'm the power of attorney&the person goes nursing home how can we move his money to another acct so it's not taken

Power of attorney of my brother. He has 50,000 in his bank he just got put in nursing home with cancer. We need to move the monew safely and legally do Medicare don't take it

Marjorie A Bristol answered on Feb 16, 2018

You should contact an elder law attorney so that you can manage the money legally in a way that is not fraudulent.

1 Answer | Asked in Elder Law for Tennessee on

Q: Are homes considered assets when applying for medicaid? Does medicaid pay for assisted living facilities?

Tennessee resident

Marjorie A Bristol answered on Feb 7, 2018

A person's primary residence is not an asset for medicaid. It will be subject to estate recovery, however, following the death of the person covered by Medicaid if they were cared for in a nursing home. You should consult an experienced elder law attorney to help you figure out how to best... Read more »

1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Tennessee on

Q: My brother has power of attorney over my mother our mother home was paid for now brother has got my mother diagnose

Legally blind saying she has the first stages of dementia so she has to depend on him I have not seen any medical papers confirming this now he got his & girlfriend name on deed my mother has will starring that the home is to be spilt with me /sister &him afraid he trying to stab me in my back.What... Read more »

Marjorie A Bristol answered on Feb 4, 2018

You can file for conservatorship of your mother and revoke the POA and ask the court to nullify the property transfer. You should consult an elder law attorney to help you.

1 Answer | Asked in Elder Law for Tennessee on

Q: My dad is bedfast but refuses to go to a nursing home. What can I do as the only living child to have him placed?

He is in diapers, can't get to his food or take his meds on his own. Hospice caregivers come but he refuses any care from them. He has a brother who is 83 that checks on him and does those necessary thing for him but his health is also failing fast as he is a recent cancer survivor. My dad seems at... Read more »

Robert D. Kreisman answered on Jan 22, 2018

From what you have asked, the action you could entertain is hiring a local attorney to discuss whether your dad would be one who would qualify for a guardianship. If so you or another person, usually a family member could be appointed by the court to make decisions for your dad, should he be... Read more »

1 Answer | Asked in Elder Law for Tennessee on

Q: Do I have to have power of attorney to sign for mom's hospice care?

I don't want to get into trouble and can't afford help right now as far as an attorney but her home care is wanting her on hospice and saying I have to sign for it. If I do will I get into trouble. She has dementia.

Marjorie A Bristol answered on Jan 21, 2018

If they are asking you to consent as her next of kin and are not insisting on POA, then you can sign. Just make sure you are not signing to be responsible for payment unless that is your wish.

2 Answers | Asked in Elder Law, Health Care Law and Estate Planning for Tennessee on

Q: Can the sister of a patient override the daughter if there's proof the patient didn't want his daughter involved?

This man has had his daughter banned from receiving any information about his health almost every time he has been admitted to the hospital and has told multiple friends and family members he doesn't want her involved. Somehow she figured out the password to come see him and has taken over as next... Read more »

Marjorie A Bristol answered on Jan 5, 2018

Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.

View More Answers

1 Answer | Asked in Constitutional Law and Elder Law for Tennessee on

Q: How far in advance does a house need to be signed over in TN before the state can take it for nursing home payment?

My father's health is going down. Can he sign his property over so the state can't take it?

Marjorie A Bristol answered on Dec 21, 2017

The "look back" period for estate recovery to recoup medicaid nursing home payments is 5 years. You should consult an experienced elder law attorney to see what steps might be able to be taken to preserve as much of his estate as possible and plan for his care. Best of luck!

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on

Q: Mother and father passed in November, 2017. They resided in Tennessee.This question covers multiple topics.

My mother passed on November 7th. My dad passed on November 30th. Their bank account was accessed by a family member who fraudentely obtained POA for my father without my consent or knowledge. The account has a negative balance. I would like to have the family member prosecuted for withdrawing... Read more »

Anthony M. Avery answered on Dec 12, 2017

It is doubtful that law enforcement will prosecute the theft.

The Next-Of-Kin can file a lawsuit against the Attorney-In-Fact who took the money for his/her own benefit. It is for Breach of Fiduciary Duty and any monies/property that he transferred to himself is presumed to be fraudulent...
Read more »

1 Answer | Asked in Elder Law and Family Law for Tennessee on

Q: A man still married, but separated, has had his children taken from his home and now to another state. What can he do?

She says she only wants him to see the kids at her house or his mom’s & not his new house because she has HEARD that his girlfriend was “abusive” to children in a past relationship. But the girlfriend has showed NO aggression towards the kids & has recently given her life to God. The children... Read more »

Bennett James Wills answered on Dec 6, 2017

This is a complicated situation with lots of moving parts. He should contact local counsel asap for his best options but it sounds like he'll want to commence divorce and custody proceedings asap.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on

Q: Schedule A of a trust is blank. As sole beneficiary, successor trustee and spouse, how will assets be dispersed?

My husband (the grantor) created a trust and named himself the trustee. He named me the sole beneficiary as well as the successor trustee. The problem is the Schedule A/Assignment of Property does not actually mention what property. Is it assumed that all assets will go to me his current spouse of... Read more »

Leonard Robert Grefseng answered on Nov 10, 2017

A contest is certainly possible since there are NO assumptions. Based on what you have said, I suspect a contest is indeed likely. This is unfortunately a common problem with some " do-it -yourself" trust/estate planning documents: the documents get signed, but the transfers to be made to the trust... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Tennessee on

Q: My mother passed away 17 months ago from complications of Alzhiemers. I was her caregiver and still presently reside in

her home, while trying to recover from P.T.S.D. due to 2 years of 24/7 caregiving with zero assistance from any of my 5 siblings. She had a trust. I am one of two (2) executors on her trust. Now the other executor (my half brother) is filing suit for me to pay rent from the time of her death and... Read more »

Leonard Robert Grefseng answered on Sep 13, 2017

Sorry, but there is no easy answer. You don't have any rights by virtue of having lived there so long ( this was simply by consent of your mother- she could have charges you rent if she wanted to, but apparently she didn't) .

Now that she has passed, the terms of the trust will control,...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Landlord - Tenant for Tennessee on

Q: Son and girlfriend moved in uninvited there is no lease how to remove it's been 3 years

They use injection drugs in my house police say need an eviction notice I live off disability

Anthony M. Avery answered on Aug 10, 2017

You will need to file a Detainer Warrant in General Sessions immediately, requesting "For Possession Only". There is a three year Statute of Limitations on Unlawful Detainers, but it is up to them to raise the issue. After Judgment if they are still there you will have to request a Writ of... Read 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.