Terry Lynn Garrett's answer 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 Restraining Order and Permanent Injunction and, if needed (3) a Guardianship.
Exploitation of an elderly person is a first degree felony in Texas.
Terry Lynn Garrett's answer 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 it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.
Terry Lynn Garrett's answer 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 could be several months to several years, depending on the value of the home.
In Texas, as long as your mother checks a box on the Medicaid application saying that she has an intent to return...
Tammy Lyn Wincott's answer 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 home there are estate planning tools to use that would protect your house from going to the government as Medicaid recovery after you pass away.
Terry Lynn Garrett's answer 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: in most counties over 90% are rejected due to one small error or another.
Kiele Linroth Pace's answer 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.
Timur Akpinar's answer 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 the office to sign check for deposit into attorney account (IOLA) to enable payment to client. A Texas attorney might be able to provide more in-depth insight as to the operation of your particular...
Terry Lynn Garrett's answer Throughout Texas the signer of a Durable Power of Attorney (your mother) can revoke it by giving notice to everyone to whom it might be presented and, if it involves real estate, record the revocation in the deed records of the county where the real estate is located. That can be ineffective if notice is not given to someone and the agent under the Durable Power of Attorney presents it to them. Courts generally "revoke" a Durable Power of Attorney by appointing a guardian.
Terry Lynn Garrett's answer Please contact an elder lawyer. What you can do and still let your parents qualify for Medicaid varies by state. You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Terry Lynn Garrett's answer No. Generally speaking, no. One out of seven people living in a nursing home is under 65. But how young is young? For some children and young adults, there may be a better place.
Terry Lynn Garrett's answer If she sold the home for fair market value, selling the home should not disqualify her. If she sold it for less than fair market value within 60 months of entering the nursing home and applying for Medicaid, a penalty period will be imposed based on the amount of the "gift." During this period, she will not qualify. She may want to review her entire situation with a local elder lawyer. To find one, please use the Find a Lawyer function on the website of the National Academy of Elder Law...
Terry Lynn Garrett's answer A person suffering from dementia usually has a doctor's diagnosis. When dementia is first diagnosed, the person likely still has legal capacity to sign a Will, a Medical Power of Attorney and similar documents. Whether the person still has legal capacity to sign a Durable Power of Attorney varies.
Whether your father had legal capacity to sign the documents at the time he signed them cannot be assessed without reference to his medical records.
Terry Lynn Garrett's answer Find him. Talk with an elder lawyer. (You can find one by using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys, www.naela.org).
Even a guardian must balance promoting social contacts with preventing exploitation. In the absence of a threat of exploitation by others, isolation is often the first step toward exploitation by the person "in charge."
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