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Iowa Elder Legal Questions

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4 legal questions have been posted about elder law by real users in Iowa. 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.

How do I update my living Trust I have with Marie Tarbox? Email address????

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local estate planning lawyer.  You can find a list at the local probate court or use the website of the state bar.  Someone on this listserve may also respond.
Hire a local estate planning lawyer.  You can find a list at the local probate court or use the website of the state bar.  Someone on this... Read More

Family member removed property without permission

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
First determine whether your father gave your brother, agent under his Durable [Financial] Power of Attorney authority to take the guns.  If not, report this to Adult Protective Services and ask a local probate attorney whether Iowa allows someone mentioned in the Will (presuming that you are) to bring a court action against a DPOA agent who violates his duty or whether your father, who named his agent, must do so.  The sheriff has no authority to act without a court order.... Read More
First determine whether your father gave your brother, agent under his Durable [Financial] Power of Attorney authority to take the guns.  If... Read More

Can text messages be pulled from the phone of the elder or elder's exploiter to prove undue influence and financial extortion for hearing in IA?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Report this to Adult Protective Services.  You may also want to consult a local elder lawyer.   There is a Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Report this to Adult Protective Services.  You may also want to consult a local elder lawyer.   There is a Find a Lawyer function on... Read More

If my mother is in a memory care unit is she competent to give a power of attorney?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer
A person has to be competent to sign a POA. I think if you get the opinion from her doctor in writing that she is competent to enter a contract, understand the importance of the document she is signing, no one can challenge the POA later on down the road.
A person has to be competent to sign a POA. I think if you get the opinion from her doctor in writing that she is competent to enter a contract,... Read More
Elder Law
Iowa

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