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 »
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)
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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?
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 »
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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