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I am a family member seeking advice on a situation involving my 83-year-old father. He has been abused by a woman who has stolen his money, checkbooks, and mail, committing fraud by signing his name without authorization. There is an ongoing case dealing with these issues. How can I ensure my... View More 
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answered on Apr 12, 2025
What you're going through is heartbreaking, and it's good that you're taking action to protect your father. In Texas, elder abuse and financial exploitation are taken seriously, and your father has legal rights that can and should be defended. If there’s already an open case, make... View More
My elderly dad has been in a nursing home in Texas for 2 years and on Medicaid for 5 years. He wants to sell his home, which has been sitting empty, and intends for me, his only son who is disabled and on SSDI, to keep all the proceeds. I have power of attorney over him. We want to avoid the... View More
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answered on Feb 15, 2025
Your situation requires careful consideration since Medicaid has specific rules about asset transfers and estate recovery. Selling your father's home and transferring the proceeds to you could trigger penalties that might affect his nursing home coverage, as Medicaid looks back at financial... View More
In 10 months, Sister took over 100K with out mom's permission. When mom, who is 81, noticed she closed the account. Any legal action we can take? Mom is really stressed.
answered on Aug 8, 2024
Mom can sue Sister for any money taken out without mom's permission. If Sister used the money to buy or pay for a tangible asset, mom may be able to impose a constructive trust on that asset to help ensure repayment of the money taken.
My veteran step dad recently died so mom doesnt receive $ they used to and is struggling just to survive. What can she do to get rid of these past debts and receive additional aid in the future
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answered on Aug 2, 2024
I'm sorry to hear about your mother's situation. Given the immediate court appearance, she should attend and explain her financial difficulties to the judge. She can ask for a continuance to seek legal advice and possibly work out a payment plan that she can manage.
In the longer... View More
I have Power of Attorney for my 95 year old incapacitated mother. I have audio evidence of a sibling verbally and emotionally abusing her. Is there case law to use this recording in a guardianship hearing?
answered on Apr 6, 2024
You cannot use a recording unless you are a party to the conversation
answered on Nov 13, 2023
Yes. It will significantly reduce your property tax liability.
answered on Nov 13, 2023
While you can use a codicil to update your wills, it will make things easier and more clear for your heirs, trustees, proxies, and the court if you simply rewrite them how you want them to be now. Once you update them, collect all of the old ones and discard them.
I have actually had a... View More
He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.
answered on Oct 13, 2023
A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.
This pertains to an elder person with diminished mental capacity and POA refuses to take care of medical needs and leaves them with sibling with no contact. The person needs to be evaluated as far mental and medical needs which cannot be done without the cooperation of the person with the POA.... View More
answered on Sep 4, 2023
The holder of a power of attorney has no legal duty to “take care of” the medical needs of the principle.
If the person is unable to care for their physical needs, a close relative should apply for guardianship.
I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case
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answered on Aug 4, 2023
The simplest answer is, "absolutely not"! It would help to know more about your case. Where is it, what is the charge, and when did the offense allegedly occur? I might be able to offer a little more advice with the additional information, but it's never a good idea to meet with law... View More
Also after she died, someone she knew took both of her vehicles and has refused to return them. I've called the police and they said I need a court order for them to retrieve them. How can I obtain one? Do I need to be in Texas to do so?
answered on Jul 25, 2023
You should hire a probate attorney in or near New Boston to probate your mother's estate. Since you reside out-of-state, you will need to designate someone in Texas as the registered agent for service on your behalf if you want to serve as the personal representative of her estate. Once you... View More
My brother is the durable power of attorney for my mother with dementia but has my sisters name on all of her bank accounts and not his. Everything I have read said that he should be the only one on the account, is that true?
answered on Jul 21, 2023
No. Ask yourself this question: Before your mother had dementia, would it have been alright for her to include your sister's name on all of her bank accounts? A durable power of attorney gives the attorney-in-fact (your brother) the same rights as the person who signed it (your mother).
answered on Jul 18, 2023
It would be highly unusual for you to require the services of an attorney to change the beneficiary on your life insurance policy. Most reputable insurance companies have their own form for a change of beneficiary. A customer service representative for your life insurance company ought to be able... View More
Brother is trying to get guardianship over my mom (in order to kick her out of her own home & put her in nursing home). She doesn't want that. She has been capable of living on her own with my help thus far. I'm trying to help her, but don't know what court or even what county... View More
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answered on May 20, 2023
The county where your mother resides is the proper county for filing the guardianship. Depending on where you live you may be able to look up the case online. You will want to file an answer to his filing in that same court under the case number you find.
My 2 brothers are colluding to sell mom's house from under her & take her money. They've taken her to nearby county. They lie to her & she doesn't realize what they're doing. How can I get her back to her own home? Police/welfare check NOT WORK.
Already tried... View More
answered on May 19, 2023
Go to where she is, pick her up, and give her a ride back to her house. Then either stay with her or hire someone to check on her daily to make sure she is able to properly care for herself in her own home.
Without her signature or her permission via a power of attorney, your two... View More
answered on May 3, 2023
enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More
He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.
answered on Apr 18, 2023
You have two issues.
First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.
You can have your brother removed as... View More
I spoke with the financial planner about long term care insurance. When he called to tell me I had been approved and he got my bank info, he said the initial payment was $1650. I told him I couldn't afford that much per month, especially since I had not seen any details and had not agreed to... View More
answered on Mar 9, 2023
Run.
First of all, a financial advisor who is a fiduciary DOES NOT SELL YOU FINANCIAL PRODUCTS! He advises you what types of financial investments you ought to make, but never ever sells you products. He is only selling his expertise and advice.
Second, long term care insurance... View More
My mom has a legal issue. She's not technically inclined. I found an attorney who might be able to help her and filled out the contact form on their website. The attorney responded back and asked me to explain the issue. Once I did, they said she should come in for a free consult. She met with... View More
answered on Feb 11, 2023
A lawyer is entitled to charge a reasonable fee for legal services performed at a person’s request.
Some lawyers agree to review documents sent to them via email before an initial consultation, and may even agree to perform some preliminary research. It sounds like this happened in this... View More
My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household... View More
answered on Jan 21, 2023
As your mother’s power of attorney, you have the exact same rights your mother would have if she were competent. Depending on the language of any agreement, that very likely includes the power to terminate the maid or to remove her as household manager.
You can then hire another... View More
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