Elder Questions & Legal Answers

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.

Recent Legal Answers

Do you come to a person home? Ok

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

Elder lawyers commonly make house calls. To find one near you, you might use the Find a Lawyer function on the website of the National Academy of Elder Lawyers (www..naela.org)

Elder lawyers commonly make house calls. To find one near you, you might use the Find a Lawyer function on the website of the National Academy... Read More

My mother has Alzheimer's and is in a convalescent home my sister and I dont get along..can she prevent me from visiting my mother .

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

Your mother, not your sister, has the right to decide who visits. Even if your sister has guardianship of your mother's person, she can only limit visitors to exclude those who have been abusive or exploitive. If you get to the point of needing a demand letter from an elder lawyer, you might use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Your mother, not your sister, has the right to decide who visits. Even if your sister has guardianship of your mother's person, she can only... Read More

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 6 months ago by attorney Terry Lynn Garrett | 1 Answer

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 More

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 6 months ago by attorney Terry Lynn Garrett | 1 Answer

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 More

I am the caregiver for my 98 year old father but another sibling is the power of attorney. Am I entitled to see his will and trust?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

A Will is a private document and has no legal effect until a court admits it to probate. Your father does not need to let anyone see it. A trust is a private document and remains so absent litigation. However, in some states beneficiaries over a certain age are entitled to an annual accounting. It is not clear from your question whether your father has a revocable living trust with a "pour over" wiil. If so, while he is alive he is the only beneficiary (unless he and your mother made the revocable living trust and she is also alive, in which event she would be the second beneficiary). ... Read More

A Will is a private document and has no legal effect until a court admits it to probate. Your father does not need to let anyone see it. A... Read More

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

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

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 More

Elder law

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

If your mother has not appointed agents under a Medical Power of Attorney and a Durable Power of Attorney, she may need to be placed under guardianship. It does not appear that Washington State has resurrected laws of filial responsibility, making children responsible for their parents' care. You may wish to contact a local elder lawyer. You can find one 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 has not appointed agents under a Medical Power of Attorney and a Durable Power of Attorney, she may need to be placed under... Read More

My uncle has POA of my grandmother. He wants me to give back my house keys to her house and start making appointments to see her. Is that illegal?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett | 1 Answer

Your grandmother, not your uncle, gets to decide who sees her. She has the right to decide: not your uncle, not you. Isolating someone is the first step to abusing them physically and financially. Contact Adult Protective Services.

Your grandmother, not your uncle, gets to decide who sees her. She has the right to decide: not your uncle, not you. Isolating... 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

My wife 35 yrs has dementia & paranoia, has made death threats to me. Baker acted twice. How do i protect myself, my assets w/ least harm to her?

Answered 6 years and 7 months ago by attorney Mr. Fred E. Glickman | 2 Answers

I am very sorry for your situation. A restraining order might help; hopefully, she will not ignore it. If she cannot live with you, then you should try to find a facility that will take her, and will help her apply for Medicaid to pay for the cost of it. If your wife refuses to cooperate about going to a facility, the only way to make her do this is to file for a guardianship. As for a divorce, that's always an option, but these other items (above) should be addressed first. ... Read More

I am very sorry for your situation. A restraining order might help; hopefully, she will not ignore it. If she cannot live with you,... Read More