QUESTION
Is it legal for a retirement home to have my husband sign papers for his retirement check? How?
Asked on Apr 02nd, 2014 on Criminal Law - North Carolina
7 ANSWERS
Ronald A. Steinberg
How does the retirement home get paid if they do not get the money up front? If your husband is incapable of understanding what he is doing, then you could go to Probate Court and be appointed as his personal representative. Then you could void any papers he signed with the retirement home.
Answered on Apr 04th, 2014 at 7:13 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It may well be legal. It depends upon how the retirement home is being paid. If your husband is getting some kind of government subsidy, then yes, they can request this money and apply it toward his account.
Answered on Apr 04th, 2014 at 6:11 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, of course it's legal. Why wouldn't it be?
Answered on Apr 04th, 2014 at 6:11 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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To ask him to sign, no problem. To force him to sign or take advantage of him if he is not competent, is a problem. Just because you have a POA doesn't mean he can't make his own decisions or that you are even entitled to input into his decisions if he is competent to do so.
Answered on Apr 03rd, 2014 at 2:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, they have to get paid.
Answered on Apr 03rd, 2014 at 2:44 PM
Michael J. Breczinski
If he is not competent then it is fraud.
Answered on Apr 03rd, 2014 at 2:43 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can assign your assets to anyone you choose whenever you choose as long as you are competent.
Answered on Apr 03rd, 2014 at 2:41 PM