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Indiana Elder Legal Questions

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8 legal [2, *]questions have been posted about elder law by real users in Indiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Indiana Elder Questions & Legal Answers
Do you have any Indiana Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 8 previously answered Indiana Elder questions.
Elder Law
Indiana

Recent Legal Answers

What is the procedure to file for power of attorney of an elderly parent? Is this something I can do on my own?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If your mother has legal capacity to grant a financial and a medical power of attorney but she is unable to afford an attorney, contact legal aid or volunteer legal services in this area.  Financial powers of attorney must be notarized.  A notary cannot notarize without a government issued ID bearing a photograph and signature.... Read Answer
If your mother has legal capacity to grant a financial and a medical power of attorney but she is unable to afford an attorney, contact legal aid or... Read Answer

when two poa`s disagree on money to be divided among siblings

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If there are two Durable [Financial] Powers of Attorney, the latest one governs.  All Powers of Attorney expire on the death of the person who granted them. The court-appointed executor of the Will or, if there is no Will, the court-appointed administrator of the estate must determine whether the estate is owed money by one of the beneficiaries or heirs.... Read Answer
If there are two Durable [Financial] Powers of Attorney, the latest one governs.  All Powers of Attorney expire on the death of the person who... Read Answer

What to do when hospital releases patient before Medicare appeal has been decided?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
This is a nationwide problem.  Appeals must be taken by noon of the day after receiving a written discharge notice and are rarely successful because the hospital is only required to present the information supporting its decision while the patent and the patent's family rarely know to involve the doctors and present the full written picture.  You might want to talk with a local elder lawyer.  If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer
This is a nationwide problem.  Appeals must be taken by noon of the day after receiving a written discharge notice and are rarely successful... Read Answer

I have had poa on my mom for ten years,now my brother is trying to get guardian ship.his son is a convicted child molester and lives with him.can Isto

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
A guardian of the estate (conservator) is rarely appointed when an agent under a Durable Power of Attorney has not violated her fiduciary duty.   A guardian of the person (determining residence, etc.) is rarely appointed when there is an agent under a Medical Power of Attorney.   In some states you do not need to be represented by an attorney to oppose a guardianship but do need to be represented by an attorney to oppose an applicant.  Contact your state bar to find an attorney to represent you.    ... Read Answer
A guardian of the estate (conservator) is rarely appointed when an agent under a Durable Power of Attorney has not violated her fiduciary... Read Answer

What do I do regarding my fathers finances.

Answered 7 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Contact an elder law attorney about Medicaid planning.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Contact an elder law attorney about Medicaid planning.  You can find one near you using the Find a Lawyer function on the website of the... Read Answer

Am I doing the right thing

Answered 7 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Whatever choices we make, we can never be sure they are right.  But you can get more information, and maybe more help.  Visit your local Area Agency on Aging and contact an elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer
Whatever choices we make, we can never be sure they are right.  But you can get more information, and maybe more help.  Visit your local... Read Answer

Can someone get out of a assisted living and go home with a nurse of they want to but wife don't want you to

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer
William R. Pelger
he is still competent i assume so it is up to him whether he wants a nurse. If there is family conflict over this, he can call the department of aging to see if they will intervene with a wellness check and family talk. if that isnt an option, hire an attorney, to take action against the son-remove him from the home, do a new POA with someone else as agent, etc.... Read Answer
he is still competent i assume so it is up to him whether he wants a nurse. If there is family conflict over this, he can call the department of... Read Answer

A client is in a nursing home and passed away before cashing out an annuity. She had no family

Answered 12 years and 10 months ago by attorney William R. Pelger   |   1 Answer
William R. Pelger
the question is a little confusing. who is the beneficiary of the annuity. that who gets the money. if the dead client is the beneficiary, then the money may default back to the original owner or his or her estate. and what is meant by accepting resonsibility for a medicaid application? is she on or not on medicaid? talk to a local lawyer in IN.... Read Answer
the question is a little confusing. who is the beneficiary of the annuity. that who gets the money. if the dead client is the beneficiary, then the... Read Answer
Elder Law
Indiana

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