From your description it appears that your father lives in a commercial apartment complex, not in a nursing home or a hospital and is perhaps being constructively evicted due to the need to make massive repairs. If he has funds, a shelter is not his only option.

Sorry, no matter how old you are, your parents get to make the rules about what they will allow in their house. If they don't want the puppy, I suggest you arrange another place to stay. No, they shouldn't give away your property, but if you're living at their house, you're... View 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,... View 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... View 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... View More

The answer is highly dependent on facts and circumstances so cannot be answered without specific information and discussion.

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... View 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... View 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... View More

A quit claim deed does not transfer title.

But a spouse can gift another spouse using either a General Warranty Deed or a Special Warranty Deed, depending on whether the underlying deed is a General Warranty Deed or a Special Warranty Deed.

You do need a lawyer to draft the deed... View More

You can make an online report to Adult Protective Services. You can also find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).

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... View More

Only your mother can remove you as her agent under a Durable Power of Attorney. Depending on what the trust declaration says, it may be that only she can remove you as co-trustee.

In Texas, anyone who would be a beneficiary under a Will, an heir if there were no Will, or can convince the... View More

You do not have authority. In addition, if there are guns and drugs in the house, this could be dangerous.

Adult Protective Services can offer services. She can refuse them.

Talk to a local Approved Guardianship Attorney to see whether the Lubbock court will award a temporary... View More

Elder abuse and exploitation can be reported online to Adult Protective Services, which has the ability to access bank records without a subpoena.

If the son has been granted a Durable Power of Attorney by your grandmother, any beneficiary under her Will, any heir if she does not have a... View 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... View More

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... View More

The first step would be to transfer your father's 50% community property interest to your mother. At this point, she could do this with an Affidavit of Heirship recorded in the county deed records.

It is not clear that your mother should transfer the home to anyone while she is alive.... View More

She should record it with the central appraisal district as her homestead and live there at least a month before entering a nursing home and applying.