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Wisconsin Elder Legal Questions

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6 legal [2, *]questions have been posted about elder law by real users in Wisconsin. 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.
Wisconsin Elder Questions & Legal Answers
Do you have any Wisconsin Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 6 previously answered Wisconsin Elder questions.
Elder Law
Wisconsin

Recent Legal Answers

Help with eviction mothers property

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You can bring an eviction (forcible detainer) action is small claims or jp courrt without a lawyer and hire the sheriff to enforce it.
You can bring an eviction (forcible detainer) action is small claims or jp courrt without a lawyer and hire the sheriff to enforce it.

Can I make medical decisions for my mother as her healthcare POA

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If your mother is not demented, she has the legal capacity to make her own decisions.  These choices may not seem rational to you but you cannot experience what she experiences or know what she knows, regardless of whether she articulates it.  It is hard to let someone go.  But letting people live their own lives, make their own choices, die their own deaths is an act of respect and love.  That said (and experienced), you might ask your mother's physicians whether depression could be influencing her decisions.... Read Answer
If your mother is not demented, she has the legal capacity to make her own decisions.  These choices may not seem rational to you but you cannot... Read Answer

How can I obtain a copy of my sister's POA

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You are not entitled to a copy unless your sister named you the agent.  However, to affect real property a power of attorney must be recorded in the deed records.  If it has been, you can see it there.
You are not entitled to a copy unless your sister named you the agent.  However, to affect real property a power of attorney must be recorded in... Read Answer

What is the action I can take if Mom writes me an approval to stay at her house temporarily and my sister who is POA doesn't comply?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Your mother can sign and record a new DPOA replacing your sister as agent or replacing her as agent with regard to real estate.  Your mother can sue your sister for breach of her fiduciary duty:  an agent does not have authority to overrule a decision made by the principal.
Your mother can sign and record a new DPOA replacing your sister as agent or replacing her as agent with regard to real estate.  Your mother can... Read Answer

My sister is POA for our Mother and refusing to allow me to temporarily stay at moms house although Mom said I can. Can sister refuse me even if Mom

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
The agent under a Durable Power of Attorney does not replace the person who granted it but acts on her behalf.  Get something in writing from mom.  Tell the agent that if she does not follow mom's wishes, she is violating her fiduciary duty and can be removed as agent.
The agent under a Durable Power of Attorney does not replace the person who granted it but acts on her behalf.  Get something in writing from... Read Answer

How does one pursue legal action to recoup funds by those who may have exploited an elderly family member?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You might want to contact an local elder law attorney 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 an local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys... Read Answer
Elder Law
Wisconsin

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