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My father is 98 and in a nursing home. He has always been adamant that his house would go to his children. Now his wife, who has insisted for years that he Has dementia, has gotten him to give her the house. What is our recourse?
answered on Jul 17, 2020
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 deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... View More
answered on Jul 8, 2020
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
This will be an arm's length transaction.
Once she purchases my house, all her cash will be converted into home equity. She doesn't own another house. This will be her primary residence.
She currently lives with me so I can look after her. If we make this transaction, will... View More
answered on Jun 27, 2020
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.
My great grandmother can not remember much,but I always ask if I can come over and spend the day with her and she says yes,from what iv researched even though her daughter is the POA,that doesn't give her power over visitation.
answered on Jun 16, 2020
If it is a standard Statutory Durable Power of Attorney that your great grandmother's daughter has, that would authorize her to deny visitation. Similarly, even is she has a Medical Power of Attorney, that is designed to allow her to make medical decisions on your great grandmother's... View More
I just found this organization today and I appreciate your help. Does this organization set up virtual meetings? Could I make an appointment or would I have to help my boyfriends mother set it up since she is the one who would qualify for services?
answered on Jun 16, 2020
Individual lawyers set up virtual meetings. Like our courts, many of us are now operating by Zoom. It may be your boyfriend's mother who would want to set up the meeting.
Or does she only qualify for nursing home costs due to home ownership? And.... would taking a home equity loan to pay for improvements to the house affect social security payments or potential Medicaid benefits?
answered on Jun 16, 2020
One would have to know the full picture to answer these questions.
My boyfriends mother owns a house in Austin that has drastically increased in value but is currently in great disrepair. I want to figure out how to help her fix her house up to make it more livable and safer for a person in their 70's and help her qualify for Medicaid benefits. She is... View More
answered on Jun 16, 2020
In Texas a home is not counted in determining eligibility for nursing home Medicaid.
The effect of a Lady Bird Deed is to transfer ownership of the home on death, free of probate and so, in Texas, free of Medicaid estate recovery. A Lady Bird Deed has no effect on ownership or property... View More
I have a bedridden mother that I take care of her home 24/7. My older sister got my mother to sign power of attorney to her without my mother realizing what she had signed. So my mother revoke that. They were selling her property without her permission and now trying to sell her home and put her... View More
answered on Jun 11, 2020
You should contact an attorney about filing an Application for Guardianship to ask a Court to make you the guardian of your mother.
answered on May 30, 2020
You need to give some more background information. Your question is too broad to give a good answer.
they claimed to know what to do. a local handyman service. found them on facebook marketplace. they didn't do the job right. i paid for materials and paid 500 for work. it was the underneath of the belly of my trailer. now the insulation is hanging down and the belly is on the ground- what... View More
answered on May 27, 2020
Take good pictures. Keep your written contract. File in Justice of the Peace (small claims) court.
I suspect something is wrong at my elderly father’s home. My stepmother is the POA. I went to visit him and he was covered in bruises including a black eye. She said he suffered from a stroke 4 days earlier and he told her he did not want to go to the hospital. Is that even legal? When I... View More
answered on May 27, 2020
Report the bruises to Adult Protective Services immediately (before they fade) and ask the hospice workers to do the same. A stroke does not cause bruises.
Also report that your stepmother is denying your father access to other family members. An agent under a POA, financial or medical,... View More
The judge did not even here or see my evidence of fraud or abduction or holding a love one hostage or the stolen car insurance money .and I lost property , my love one , my money stolen from account .what should I do or how can I get justice !! Who do I contact? Or tell ? Do I fire my lawyer and... View More
answered on May 11, 2020
The State Bar of Texas has a client dispute resolution process. You may want to avail yourself of it.
I am her brother. She is in Waco and I am in Dallas. She is 54 and is disabled as of 11/18.
answered on May 7, 2020
If she has a medical necessity for skilled nursing care (which she does) and no more than $2,000 (which you anticipate), and an income below the income limit either on its own or by flowing it through a Qualified Income Trust (also called a Miller Trust), she will qualify for Medicaid. She can... View More
After I became a guardian. I found out the temporary guardian settled outside of court with the boarding home that was neglecting my father. I was never inform and this info was hidden from me. I found all this out on my own. My father is now deceased. Shouldn't that money have gone to the... View More
answered on Mar 13, 2020
You should definitely have a probate/guardianship lawyer file on your behalf. The temporary guardian should have turned the money over and should have accounted for how every dime was used.
Is it illegal if I leave my Grandfather somewhere stranded so my Grandma wouldn't have to be abused by him anymore
answered on Feb 26, 2020
This sounds like a very bad idea, possibly abusing an elderly person.
Rather than take the law into your own hands, you might report your grandfather to Adult Protective Services and consult with an elder law attorney about how to protect your grandmother. You can locate one near you using... View More
Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.
answered on Feb 20, 2020
No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.
My 55yr old special needs brother has lived in a nursing home for four years. Prior to that, he has lived in group homes, assisted living facilities, apartments, and two other nursing homes. All were short stays as each ultimately ended with him being asked to leave. He is doing well where he is... View More
answered on Feb 4, 2020
There are only six legal reasons for discharge from a nursing home which accepts Medicare or Medicaid. The one this facility seems to be relying on is an allegation that he no longer needs nursing home care. Gather his medical records to show that this is not true. Also show why a discharge to a... View More
answered on Jan 29, 2020
As long as the mortgage payments are current, there should not be a problem. The biggest thing for them is simply that they get their money. If your mother can't afford to make the payments, then you'll either need to help her refinance the mortgage or sell the property.
I live in Tx. with my mother who is 84 and I know she has some form of dementia but hasn't been diagnosed by a specialist. I can't get her to go to the neurologist even though her regular dr wanted her to be evaluated. She needs help either needs to be placed in a home or... View More
answered on Jan 28, 2020
First of all, I'm sorry you're in this position. My heart always goes out to people assisting a parent with memory or other cognitive problems. It is very tough.
I recommend calling Adult Protective Services ("APS") and the Department of Aging and Disability Services... View More
Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... View More
answered on Jan 27, 2020
You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.
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