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493 legal questions have been posted about elder law by real users. 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.
Elder Questions & Legal Answers - Page 11
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Recent Legal Answers

my estranged father has been hospitalized with terminal illness. He is uninsured. Am I responsible for his care?

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer
Apply for Medicaid.  Medicare does not pay for long-term care.
Apply for Medicaid.  Medicare does not pay for long-term care.

Can small pensions be garnished from seniors?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Only the tax authorities can garnish your Social Security retirement benefits. The bank account into which Social Security retirement benefits are directly deposited is protected up to twice the amount of Social Security received.  You might want to direct your pension to be directly deposited into the same account.  ... Read More
Only the tax authorities can garnish your Social Security retirement benefits. The bank account into which Social Security retirement benefits are... Read More

HOW TO PROTECT ASSETS,

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Yes, a Durable Power of Attorney can be revoked -- but the revocation must be shown everywhere the agent presented it.  You might want to contact a local elder law attorney.  Try www.naela.org.
Yes, a Durable Power of Attorney can be revoked -- but the revocation must be shown everywhere the agent presented it.  You might want to... Read More

how best to obtain conservatorship of my sisters care and finances?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local guardianship attorney and report the scammer to adult protective services.
Contact a local guardianship attorney and report the scammer to adult protective services.

Can my sister have my mothers property dated over to her after my mother goes into a rest home from a stroke

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
The agent under a Durable Power of Attorney can sign and record a Lady Bird Deed transferring the home on your mother's death to the same people named under the Will and in the same proportions stated in the Will.  This preserves the home from Medicaid Estate Recovery.  Doing otherwise risks a report to Adult Protective Services, revocation of the Durable Power of Attorney and civil and ciminal liability.... Read More
The agent under a Durable Power of Attorney can sign and record a Lady Bird Deed transferring the home on your mother's death to the same people... 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

can I legally be provided general info about an elderly relative’s well-being without medical POA?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
A HIPAA Medical Information Release signed by your uncle will allow health care workers to share information with you.  You become his eyes and ears but, unlike being an agent under a Medical Power of Attorney, you do not have a voice.  
A HIPAA Medical Information Release signed by your uncle will allow health care workers to share information with you.  You become his eyes and... Read More

How can a lawyer let a 95 year old woman with dementia sign DPOA & amend her trust under the direction of her son

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Report this to Adult Protective Services.  File a grievance with the State Bar of Florida.  Consult with an elder law attorney about how to show that the documents were signed by someone who lacked legal capacity and should not be respected and about what other action can be taken.  You might want to use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys.... Read More
Report this to Adult Protective Services.  File a grievance with the State Bar of Florida.  Consult with an elder law attorney about how to... Read More

7 years ago I quit my job and moved to care for my mother. At the time my 4 siblings assured me that I would be able to continue to work and live. no

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
In addition to contacting the police, you may bring a civil suit for damages.  If you are unable to work because of your injuries, you may also apply for Social Security benefits.  If you cannot find a lawyer on this listserv, try the state bar website.  If you cannot afford a lawyer, you may qualify for free legal representation through Volunteer Legal Services or for reduced cost representation through the Lawyer Referral Service's Modest Mean program.... Read More
In addition to contacting the police, you may bring a civil suit for damages.  If you are unable to work because of your injuries, you may also... Read More

Why isn't my Power of Attorney good in Florida from Michigan?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Powers of Attorney, like Wills, are created in accordance with state, not federal, law.  While most states will probate a Will which was valid when signed under the law of another state, there is far less agreement on Powers of Attorney.
Powers of Attorney, like Wills, are created in accordance with state, not federal, law.  While most states will probate a Will which was valid... Read More

Father passed away and had a will, mother has her own will, all fathers is in the process of being transferred to mothers will. She has 5 children. 2

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
This is a general nationwide forum not able to examine specifics (which may go beyond your description).  You may want to locate an elder lawyer near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
This is a general nationwide forum not able to examine specifics (which may go beyond your description).  You may want to locate an elder lawyer... Read More

Can my sister who is POA for our mother, purchase her condominium? Btw my mother is incapacitated sand resides in a nursing home. We live in PAthank

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
From your description it appears that your sister violated her fiduciary duty under the Durable Power of Attorney and exploited your mother.  You may want to report her to Adult Protective Services and talk with an elder lawyer.  You can locate one near you by using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
From your description it appears that your sister violated her fiduciary duty under the Durable Power of Attorney and exploited your mother. ... Read More

Need help with medicaid issues & estate planning for my 92 yr old mother that recently relocated to NC from Pa. Suggestions..??

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

Can I get my fathers medical information?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
If your father has named you on a HIPAA Medical Information Release, you may see his chart.  Sometimes this form is combined with the Medical Power of Attorney.
If your father has named you on a HIPAA Medical Information Release, you may see his chart.  Sometimes this form is combined with the Medical... Read More

Is a lawyer who writes up your will allowed to tell others you’r business

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
You can fire her.  You can file a grievance with the State Bar of Texas alleging breach of attorney-client confidentiality.
You can fire her.  You can file a grievance with the State Bar of Texas alleging breach of attorney-client confidentiality.

I had my guns taken from my house when I was in the hospital last may

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a lawyer to file a Motion for an Order to Show Cause.  If the Motion is granted, she can go before a judge to explain why she has not acted and is in contempt of court.
Hire a lawyer to file a Motion for an Order to Show Cause.  If the Motion is granted, she can go before a judge to explain why she has not acted... Read More

If my dad is alert and mentally aware but cannot move his hands, how can I have him sign a Durable Power of Attorney?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
In Texas a notary and witnesses who are not named in the Durable Power of Attorney and will not inherit should be present.  If your father cannot even make a "X", the notary can arrange for signature, as you put it, "by proxy" with a suitable notation on the Durable Power of Attorney and in the notary's book.... Read More
In Texas a notary and witnesses who are not named in the Durable Power of Attorney and will not inherit should be present.  If your father... Read More

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

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 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 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 More
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 More

Will

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes.  Your Will has no legal effect until it is admitted by a court for probate.  Many Wills specifically state that lifetime gifts will be deducted from the amount left to the person in the Will.
Yes.  Your Will has no legal effect until it is admitted by a court for probate.  Many Wills specifically state that lifetime gifts will be... Read More

What happens to my debt at death

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your estate, not your beneficiaries or heirs, is responsible for your debt.
Your estate, not your beneficiaries or heirs, is responsible for your debt.

Can a lien be place on our house if my mother in law requires financial assistance for nursing home care.

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your mother-in-law does not own the house, there is no ownership interest on which to place a lien.  For comprehensive advice on Medicaid planning you may want to contact a local lawyer using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If your mother-in-law does not own the house, there is no ownership interest on which to place a lien.  For comprehensive advice on Medicaid... Read More

How do I get a refund from a vendor that did not provide services.

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hre a local lawyer to determine whether you might sue.
Hre a local lawyer to determine whether you might sue.

How can I go about suing my husband’s aunt?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact Adult Protetive Services.
Contact Adult Protetive Services.

Can my brother , who is the POA of my father deny me visitation right to visit in a memory care facility?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Whether your father had legal capacity to grant a Durable Power of Attorney or a Medical Power of Attorney in 2016 may be very difficult to determine in 2020.   However, only your father himself has the right to decide who his visitors are -- unless a prospective visitor has been neglectful, abusive or exploitive.... Read More
Whether your father had legal capacity to grant a Durable Power of Attorney or a Medical Power of Attorney in 2016 may be very difficult to determine... Read More

How can I find if someone who says he’s an attorney, is an attorney?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Check with the State Bar of the state in which he claims to be licensed.  Many State Bars have websites with "Find a Lawyer" functions.  It is highly unusual for an attorney not to have a physical address (if only a mail drop), telephone number and email address.
Check with the State Bar of the state in which he claims to be licensed.  Many State Bars have websites with "Find a Lawyer" functions.  It... Read More
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