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Texas Elder Law Questions & Answers

1 Answer | Asked in Elder Law for Texas on

Q: My sister is only interested in my dad’s lawsuit, wont visit him or give him status

I have spent more than 50% of the last year helping my parents I live in CA they live in Tx. Its been exhausting. My younger sis lives 3 hrs away has visited couple hrs last year. Dad has lasbestos lawsuit going. She had originally called the attorney. My dad and I called to get updatessince... Read more »

Terry Lynn Garrett answered on May 31, 2019

If your father is the client, his lawyer should not be speaking with anyone but him about it without his prior written permission. Your father should shut the spigot.

1 Answer | Asked in Elder Law for Texas on

Q: My question is long, best asked through email. Is that possible? Thanks. Harry Fitzner.

Terry Lynn Garrett answered on May 19, 2019

Send an email to info@elderlawAustin.com.

Please note that Medicaid varies from state to state. If you are concerned about MediCal, you might want to try the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

2 Answers | Asked in Elder Law for Texas on

Q: My Mom was in the nursing home, and was on medicaid for all but 2 months, that was not covered.

Are the adult children responsible for this, when there was nothing in the estate? (In Texas)

Terry Lynn Garrett answered on Apr 23, 2019

No. The bill is your mother's bill and the bill of her estate. There may be a problem if the nursing home got someone to sign your mother in as "personal representative" : that makes them personally responsible for her bill. Although the practice is illegal, it is widespread. If this has... Read more »

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2 Answers | Asked in Elder Law and Real Estate Law for Texas on

Q: I would like or sell my townhome to my daughter and remain in the home. What are the issues?

I would be paying all insurance and taxes, upkeep. I would like to maintain a homesteader exemption.

I would like to have more available income to travel. Not interested in a reverse mortgage.

Terry Lynn Garrett answered on Apr 6, 2019

If you sell your home to your daughter, she, not you, will be entitled to the homeowner's exemption. Unless she is 65 or older, the elderly person's exemption will be lost. She could kick you out. She could lose the home to creditors or predators and they could kick you out.

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1 Answer | Asked in Elder Law for Texas on

Q: Can I pay myself as POA as my Mother's POA and what would be considered reasonable?

Tammy Lyn Wincott answered on Apr 5, 2019

Only if the POA allows you to be paid.

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

Q: Stepmom was diagnosed with dementia. Afterwards, her son got POA but my dad is alive, competent and still married to her

My stepbrother has been mostly out of the picture and not present in my stepmoms life for over 30 years, only contacting her for Christmas, her birthday and mother’s day. She was diagnosed with dementia and he immediately got her to sign medical POA to him behind my dads back and now he has... Read more »

Terry Lynn Garrett answered on Apr 1, 2019

Some people in the early stages of dementia still have legal capacity to contract, the level of legal capacity required to sign a Durable [Financial] Power of Attorney.

However, a Medical Power of Attorney, not a Durable [Financial] Power of Attorney, gives someone the authority to complete...
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1 Answer | Asked in Real Estate Law, Elder Law, Probate and White Collar Crime for Texas on

Q: How difficult is it to have a real estate transaction voided based on the buyer's mental incapacity at the time.

In 2015 my Dad's wife said he had Alzheimer's so I would watch him at my apartment while she was at work because she said couldn't leave him at home by himself. His wife remarried him right after she found out he was getting a disability settlement from the VA. As soon as Dad got the money she... Read more »

Terry Lynn Garrett answered on Mar 31, 2019

Few lawyers can guesstimate the difficulty. So much depends on the documents, the witnesses, etc. If you would like to ask a local elder lawyer who litigates elder fraud to discuss the possibilities with you, please use the Find a Lawyer function on the website of the National Academy of Elder... Read more »

1 Answer | Asked in Elder Law for Texas on

Q: My brother is the oldest and in charge of my moms funeral arrangements but my sister had life insurance policy my brothe

Tammy Lyn Wincott answered on Mar 26, 2019

Please complete your question in order for us to understand.

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

Q: Can a family member whose power of attorney has been revoked evict a live in care giver?

The care giver has power of attorney. 24/7 care for almost 2 years.

Ross F. Tew answered on Mar 7, 2019

Evicting a residential tenant requires authority. If the caregiver is living with your family member and was invited to do so by your family member or someone speaking for your family member, then the caregiver is a tenant at will and his or her tenancy can be ended by your family member or... Read more »

1 Answer | Asked in Elder Law for Texas on

Q: How Do I exercise DPOA limit to a family member whom is trying to move in my mothers home w four children and self.?

We are currently in a APS/CPS involving this niece and my parent. The police were involved since child neglect is an issue. My mother is 84 yrs old n disabled. Sarah leaves her children, 1-3 children per incident w her on a regular basis.

I need to keep her away from my parent for her... Read more »

Terry Lynn Garrett answered on Jan 23, 2019

Who lets her in? It is still your mother's house. If your mother lets her in the door, will it help to put a padlock and a no trespassing sign on the gate?

On the other hand, if the niece has harmed your mother while "living" there, get a temporary restraining order based on domestic...
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1 Answer | Asked in Civil Litigation and Elder Law for Texas on

Q: My step brother has had my grandmother transfer land and possibly other property to him and she doesn’t remember it

I have contacted APS should I also contact the police and DA ? And will I have to file a civil suit to get the property back ?

Terry Lynn Garrett answered on Dec 24, 2018

Contact APS. Take your grandmother to her physician. Ask him to complete a Physician's Certificate of Medical Examination (available on my website or from any probate court or Approved Guardianship Attorney). Hire an attorney to possibly file (1) a correction deed, (2) a Motion for a Temporary... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Texas on

Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?

my dad does not believe that she is doing this. he states he wants her there. we need to get him checked by a doctor to see if he is not going through some mental issues. we have reported the concerns to the company but they state that what she is doing is ok.

Terry Lynn Garrett answered on Dec 13, 2018

If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that... Read more »

1 Answer | Asked in Elder Law for Texas on

Q: My grandmother doesn't take good care of her dog. If I take the dog home with me one day, could she sue me?

Terry Lynn Garrett answered on Dec 7, 2018

In theory, yes. But could she recover? Are you preventing the dog from being taken away by the ASPCA?

1 Answer | Asked in Elder Law for Texas on

Q: Should my mother gift her home to a family member prior to going to a nursing home?

Terry Lynn Garrett answered on Dec 7, 2018

NO! Medicaid has a five year look back period. Transfers for less than fair market value (which a gift always is) are presumed to be transfers in an attempt to qualify for Medicaid and will result in a penalty period during which Medicaid will not pay for your mother's care. The penalty period... Read more »

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

Q: When a relative has guardianship over an incapacitated elder US citizen. What is the jurisdiction regarding US assets

Both reside in the Philippines, guardian is not a US citizen, and the guardianship was filed there as well

Terry Lynn Garrett answered on Dec 5, 2018

If the assets are real property, the courts of the state where they are located have jurisdiction.

1 Answer | Asked in Elder Law for Texas on

Q: What rights do seniors have if their kids want to put them in a nursing home, but they do not consent?

Terry Lynn Garrett answered on Nov 16, 2018

Other than you, the only person who has a right to decide where you live is a guardian of your person.

That said, if you are already in a nursing home, the discharge plan must provide for you to go to a safe place where you will get the care you need -- and such a place must exist.

1 Answer | Asked in Elder Law for Texas on

Q: Under what circumstances can someone who's 70 years old obtain health insurance from the federal government?

Tammy Lyn Wincott answered on Nov 5, 2018

If you're referring to Medicaid, it is generally based on your income and assets. There is also a 5 year "look back" period where your transfer of assets during that time will be closely reviewed and may disqualify you. Speak with an attorney familiar with Medicaid in your area. If you own a... Read more »

2 Answers | Asked in Elder Law for Texas on

Q: My Dad died in March, 2017. He left a big mess for me to deal with. He had allowed his home to be put into foreclosure.

This was done in Sept, 2015. Still in Court. Also, he has left a debt to Texas Medicaid and the IRS and other taxing authorities. All that is left is some Canadian stock worth about $30000. I have notified all debtors of the stock as of a year ago. No one has responded. My question is do I have... Read more »

Terry Lynn Garrett answered on Oct 27, 2018

Talk to a local probate lawyer. Based on your description, you and any other heirs may be able to file an Affidavit of Small Estate. The filing fee varies from county to county but is generally a little over $300. You would be wise to hire a probate lawyer to look it over and file it for you:... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Elder Law for Texas on

Q: How does something request a competency hearing in Montgomery County, Tx?

My dad has severe memory loss and was arrested for DWI in late Sept. He has no idea what happened, no idea what's going on, can't remember a thing. We don't have $$ for a lawyer, he's 74 and on Social Security. Can anything be done?

Kiele Linroth Pace answered on Oct 22, 2018

DWI is a criminal offense so he should apply for a court appointed attorney. However, being found incompetent has other serious ramifications that he should discuss with his attorney.

1 Answer | Asked in Personal Injury and Elder Law for Texas on

Q: Can my attorney cash a settlement check without my knowledge?

According to the Contingency Fee Agreement I signed, I granted the Attorney a Special POA. I did not understand fully what this meant, as the Attorney did not ever go over the agreement with me point-for-point verbally in-person, nor otherwise. The Attorney hounded me about letting him settle... Read more »

Timur Akpinar answered on Oct 17, 2018

I do not practice in Texas but your question remains open for four weeks. In general, attorneys do use limited power of attorney provisions to conduct limited banking transactions, such as enabling deposit of checks on behalf of clients, where the purpose is to avoid the need for client to come to... Read more »

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