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Tennessee Elder Legal Questions

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28 legal questions have been posted about elder law by real users in Tennessee. 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.
Tennessee Elder Questions & Legal Answers
Do you have any Tennessee Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 28 previously answered Tennessee Elder questions.
Elder Law
Tennessee

Recent Legal Answers

50/50 on property and house

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
You would both be the landlord (or the host if the boyfriend is a guest who pays no rent).  If your co-owner's dementiz has advanced to the point that she lacks capacity to contract (for example, to buy a car), her agent under a Durable Power of Attorney or, if none, her guardian/conservator can act on her behalf and sign the lease (or agree to the invitation.)... Read More
You would both be the landlord (or the host if the boyfriend is a guest who pays no rent).  If your co-owner's dementiz has advanced to the... Read More

Husband is on Medicaid in nursing home. House is in both names. I need to down size. Without Medicaid coming after my new home

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
You and your husband may sell your home (perhaps with you acting as your husband's agent under the Durable [Financial] Power of Attorney) and buy a new one in both names.  If there is money left over, after setting aside half of this money and other countable assets totalling about $130,000, the funds would be used to pay for your husband's care.  To be sure that you get it right, contact an elder lawyer near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
You and your husband may sell your home (perhaps with you acting as your husband's agent under the Durable [Financial] Power of Attorney) and buy a... Read More

My 90 year old mother has been put in a nursing home and she will be unable to pay a credit card she has for a walk in tub.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Ask them for documentation so that they do not later submit a claim against her estate.
Ask them for documentation so that they do not later submit a claim against her estate.

how can i protect mothers proprty and savings if she goes into nursing home my name is on her savings account

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
To discuss this with an elder lawyer near you, you might use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
To discuss this with an elder lawyer near you, you might use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys... Read More

My medical leave end in six week, This’s from a illness. What do I do?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
If you are not able to return to work, talk with your physician about your prognosis.  Social Security benefits are available for people who, due to a physical or mental condition, can do no work anywhere for at least a year.
If you are not able to return to work, talk with your physician about your prognosis.  Social Security benefits are available for people who,... Read More

What rights do I have with a Durable POA?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Present a copy of the DPOA to each institution. Consult with a local guardianship attorney about applying to become her guardian as she is joint owner of some of the accounts.
Present a copy of the DPOA to each institution. Consult with a local guardianship attorney about applying to become her guardian as she is joint... Read More

Help

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Lock up the money and medicine and hide the place where you locked them up. Report to Adult Protective Services.
Lock up the money and medicine and hide the place where you locked them up. Report to Adult Protective Services.

What do we need to do to get long term care for a veteran who is currently in a chapter 13 bankruptcy

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
There is too much to fit into an answer on this listserv.  To find an elder lawyer near you, please see the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
There is too much to fit into an answer on this listserv.  To find an elder lawyer near you, please see the Find a Lawyer function on the... Read More

What can I do?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
You may want to consult with an elder lawyer.  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
You may want to consult with an elder lawyer.  You can locate one near you using the Find a Lawyer function on the website of the National... Read More

My father who lacks the capacity to make his own decisions and has turned his financial responsibilities/POA over to his caregiver.

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
You might want to discuss elder exploitation with a local elder lawyer.  Your description indicates no reason why you should not be named on a HIPAA Medical Information Release, which would allow you to receive medical information about your father, or Medical Power of Attorney, which would allow you to speak for him when he cannot communicate, or Durable Power of Attorney, which in these days of online banking does not require physical presence to transfer funds.  But maybe your dad has his reasons, reasonable or not.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
You might want to discuss elder exploitation with a local elder lawyer.  Your description indicates no reason why you should not be named on a... Read More

what are the rights of caregiver

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
You might want to contact Adult Protective Services or a local elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
You might want to contact Adult Protective Services or a local elder law attorney.  You can find one using the Find a Lawyer function on the... Read More

My wife and I want to remove a conservatorship imposed by a court.

Answered 6 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The problem is that you do not have control of any money to hire an attorney. You can ask the court to appoint you a guardian ad litem (an attorney) to represent you. Speak with the conservator about hiring an attorney.
The problem is that you do not have control of any money to hire an attorney. You can ask the court to appoint you a guardian ad litem (an attorney)... Read More

Monies owes us from a dra wing in second place

Answered 7 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
It's a scam! Don't do it!
It's a scam! Don't do it!

How much is a divorce

Answered 7 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If you were married in Tennessee and your spouse still lives in Tennessee, then you would have to get the divorce in Tennessee.
If you were married in Tennessee and your spouse still lives in Tennessee, then you would have to get the divorce in Tennessee.

need a lawyer licensed in AL and TN that specializes in Elder Law. Is there a way to search for this?

Answered 7 years and 8 months ago by attorney Terry Lynn Garrett   |   2 Answers
Yes.  Please used the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Yes.  Please used the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

Is it legal

Answered 8 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If the work that you do causes you to have dangerous level of high blood pressure, then you need to protect yourself by finding another job.
If the work that you do causes you to have dangerous level of high blood pressure, then you need to protect yourself by finding another job.

How will Medicaid treat trust income shown on Grantor's 1040 but is not available to Grantor?

Answered 8 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to consult with an accountant.
You need to consult with an accountant.

My father has been diagnosed with dementia. Do I need to obtain a POA? He does not have any assets. Lives off of social security. Thank you in advanc

Answered 8 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If he has dementia, then the POA would not be valid.
If he has dementia, then the POA would not be valid.

My mother has Dementia and she signed a durable POA wi th my cousin. She has been exploited so how do I get guardianship of my mother and nobody the P

Answered 8 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You will need to hire an attorney to file a petition in court to be appointed as her guardian/conservator.
You will need to hire an attorney to file a petition in court to be appointed as her guardian/conservator.

Senior mother has around $50000 in credit card and tax debt. Should we seek bankrupcy?

Answered 8 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to speak with a bankruptcy attorney in person.
You need to speak with a bankruptcy attorney in person.

My mother lives with me (daughter for 4yrs), her attorney is POA. My mother is to receive a large amount of money, can my brother who lives in a d

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
He can try to file to obtain an injunction but I think that the chances of him obtaining one is slim to none.
He can try to file to obtain an injunction but I think that the chances of him obtaining one is slim to none.

Do I have a case?

Answered 9 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to consult with an attorney in your county.
You need to consult with an attorney in your county.

My dad is currently in the nursing home and they are trying to get him on medicaid. He only has his house as an asset valued @ $75K. will they take it

Answered 9 years and 3 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If he can not afford where he is, then maybe you need to consider moving to someplace that is more affordable.
If he can not afford where he is, then maybe you need to consider moving to someplace that is more affordable.

Independent Living @ Echo Ridge- Can they be held for Neglect?

Answered 9 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
In order to sue the nursing home, you mother needed to have suffered some kind of permanent injuries as a result of the negligence. Since you did not describe any, I am assuming that this was a one day affair and she was okay. You can file a complaint with the Division of Health Care Facilities for the Department of Health. You might also look at moving her to another facility if that is an option.... Read More
In order to sue the nursing home, you mother needed to have suffered some kind of permanent injuries as a result of the negligence. Since you did not... Read More

My brother is a in duse coma

Answered 9 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
What you are asking is much to complicated to be answered in this forum.
What you are asking is much to complicated to be answered in this forum.
Elder Law
Tennessee

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