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Utah Elder Legal Questions

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8 legal questions have been posted about elder law by real users in Utah. 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.
Utah Elder Questions & Legal Answers
Do you have any Utah Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 8 previously answered Utah Elder questions.
Elder Law
Utah

Recent Legal Answers

Welfare recipient charged with fraud for not declaring all assets

Answered 7 years and 2 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
This is not an "elder law" issue; it is a criminal issue and you need to address your concerns to criminal attorneys
This is not an "elder law" issue; it is a criminal issue and you need to address your concerns to criminal attorneys

Mother w dementia had/has RM 10+ yrs, moved in w brother who has POA. He just did QCD 2 wks ago. Will states house split by 4 kids.

Answered 7 years and 6 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
Sounds like you need to file to be appointed either the guardian or conservator for your mother. The first gives you full power to control things, the later only gives you power to control finances. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. 
Don't wait any longer, give a call and let's getting working to protect your mother.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read More
Sounds like you need to file to be appointed either the guardian or conservator for your mother. The first gives you full power to control things,... Read More

I am seeking Medicaid in Illinois on order to be eligible for benefits from the Supportive Living program in a Kankakee County assisted facility. .

Answered 7 years and 8 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
For whatever reason, this question came up in Utah. You need to reset your parameters so that it goes to Illinois.
For whatever reason, this question came up in Utah. You need to reset your parameters so that it goes to Illinois.

My father paid for a mobile home and half a car with my Aunt due to an agreement he made with my mom before she passed. He placed the home in her name

Answered 8 years and 8 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
You say there is a trust. I'd have to see the trust to see how she has access to the trust funds and see if any are missing. I'd also have to review the documentation on the purchase of the home, the title, and the information on the car, including the title. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your father.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More
You say there is a trust. I'd have to see the trust to see how she has access to the trust funds and see if any are missing. I'd also have to review... Read More

My mother passed and I wanted to no if I can charge the family caregiver fraud she forged checks

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal representative appointed. Then that person can pursue any such claims on behalf of the estate. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715... Read More
This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal... Read More

Can you charge someone who forged checks with fraud after that Pearson has died.

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal representative appointed. Then that person can pursue any such claims on behalf of the estate. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715... Read More
This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal... Read More

financialabuseofelderly

Answered 9 years and a month ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
You list a number of allegations, but no real facts. To provide any sort of an answer, one needs to review the trust document itself, review the probate case, review the property involved to see if it is in trust or not, and the various transactions to which you refer. These are factual issues that we can discuss to see what might be done for you. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More
You list a number of allegations, but no real facts. To provide any sort of an answer, one needs to review the trust document itself, review the... Read More

My Grandmother gave Power of Attorney to my Uncle (her son), he then took all the the money out of her accounts and put it into 1 account in his name

Answered 14 years and 6 months ago by attorney Alfred Joseph Polizzotto III   |   1 Answer
When someone is appointed under a Power of Attorney, they are to act as a fiduciary - that is acting in the best interests of the person who gave them the power.  The misuse of the power of attorney can subject a person to both civil and criminal liability under local State laws.  Funds are not to be misused, misappropriated, commingled or otherwise handled in any manner which would be harmful to your grandmother. You should immediately contact an attorney who concentrates in Elder Law/Elder Abuse and if the money has been stolen from your grandmother, file a criminal complaint for the theft. Alfred Polizzotto, III... Read More
When someone is appointed under a Power of Attorney, they are to act as a fiduciary - that is acting in the best interests of the person who gave... Read More
Elder Law
Utah

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