My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... Read more »
The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,...Read more »
I am not sure what you are asking, but, if you are asking if an attorney can be designated as an executor under a Will, the answer is yes, but you would want to ask that attorney first if he/she would agree to serve as the executor. Furthermore, you would always want to have an alternate executor...Read more »
no executor,,and heirs unclear. can a lawyer be executor? also have funeral plot, everything prepaid....but greenwood mt olivet is now saying that a nonmedical person would need to contact them when i die to initiate burial...or they said my body will be dumped into some bin for many weeks. this is... Read more »
You can complete an Appointment for Disposition of Remains saying who you want to handle your remains. You must sign it before a notary. The person you appoint must sign accepting the appointment. That person need not be a family member.
The answer to your question depends on what the trust's incompetency clause states. Most trust agreements will either define incompetence or will allow the trustee to rely upon the opinion of physicians. If the trust document has an incompetency clause, it may address the issue of how to...Read more »
How would you feel if someone you trusted with the most intimate details of your life declared you mentally incompetent, no longer an adult who should be allowed to make your own decisions? Would you continue to share everything with that person? If that person was your physician, would you...Read more »
If that is what the trust says, that is what is required. It is becoming increasingly difficult to find physicians who will do this short of a lengthy dementia workup or a Physician's Certificate of Medical Examination prepared in connection with a guardianship application. It does affect...Read more »
Mom says that dad sundowns and is becoming aggressive by being verbally abusive towards her. My mom depends on a walker to get around, she insists she is fine and can take care of him. I feel they need a live in nurse or be put in a home. My mom won’t hear of it. Will I be held liable if... Read more »
While you may not be financially liable, you may find it hard to live with the consequences. At some point your father may lack legal capacity to decide where he lives (among other things). If a physician completes a Physician's Certificate of Medical Examination showing that he lacks total...Read more »
Eight years ago, my husband (now 80 years old) and I (71 years old) bought a second house for our adult daughter to live in. Her disabilities are getting worse and I now live with her to help. My husband lives in our original home a mile away. The increases in property taxes here in Tarrant... Read more »
If I have these suspicions, should the police get involved first, or should I consult with an attorney first? I no longer have access to current financial records and the elderly woman would probably deny any abuse.
These documents serve entirely different functions.
A Durable Power of Attorney shares authority over the property of the person who signs it while she is alive. Both her signature and that of her agent must be notarized. If it is to affect real property, it must be recorded in the county...Read more »
Mother was diagnosed with Alzheimers in 2015. Sister has Mother. I was joint Power of Attorney and in Trust for 50 percent estate. In 2019, sister took Mother to a doctor (after Mother's MD in Tucson already said Mother was unable to make financial decisions in 2018) and had me removed... Read more »
while we are trying to get the process going to file for guardianship can we personally remove her? There are drugs and guns in the house and the person who is taking care of her is on drugs. The police went and just asked her if she was ok and then left and the sheriffs department told us it... Read more »
The son of my grandmother passed away. She was living in his house with his wife who constantly wanted her gone. Her other daughter and son have been trying to get her out of the house since he passed. They will not let us see or talk to her. When they found out that if we took her we would... Read more »
They can't. Medicaid comes from the general tax revenues, not from a fund we have all paid into. For that reason, a Medicaid recipient can have no more than $2,000 in the bank. They will simply have to pay for care until the money is gone. Please note that if your siblings disclaim their...Read more »
My father is 98 and in a nursing home. He has always been adamant that his house would go to his children. Now his wife, who has insisted for years that he Has dementia, has gotten him to give her the house. What is our recourse?
Some people in the early stages of dementia have a "lucid moment" in which they have legal capacity to sign a Will. The doctor's diagnosis should tell you whether this is a possibility for your father. If not, report the matter to Adult Protective Services. You may also want to...Read more »
The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... Read more »
My great grandmother can not remember much,but I always ask if I can come over and spend the day with her and she says yes,from what iv researched even though her daughter is the POA,that doesn't give her power over visitation.
If it is a standard Statutory Durable Power of Attorney that your great grandmother's daughter has, that would authorize her to deny visitation. Similarly, even is she has a Medical Power of Attorney, that is designed to allow her to make medical decisions on your great grandmother's...Read more »
I just found this organization today and I appreciate your help. Does this organization set up virtual meetings? Could I make an appointment or would I have to help my boyfriends mother set it up since she is the one who would qualify for services?
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