Elder Legal Questions

First, I would recommend you contact the State Bar of California..they will go after this person who is impersonating an attorney..also, when you contact them you should ask for information concerning the Victim's fund that is maintained by the Bar Association..you may be able, if you suffered damages, to make a claim as a victim..there also is a Victim of Crime fund available in California and maintained by the State...... Read More

A court will grant a petition for grandparent visitation if the grandparent can prove there's a special relationship between the grandparent and child or that the grandparent has done everything possible to have a relationship, but the parents have thwarted this. The court will take the parent's objections and other factors into consideration, and may require a hearing. If you've tried everything reasonable under the circumstances and there's no good reason your daughter is keeping you away, it's likely that a court will grant your petition. ... Read More

You are not entitled to a salary for serving as a POA.  If you are providing a specific service, such as doing accoutning work or legal work, you can charge the fees for that service.  However, the duty of a fiduciary is to not engage in self dealing, and you have to be very careful of doing anything that benefits you.  ... Read More

They don't "take" life insurance money, but if the person in the nursing home owns a life insurance policy, that will prevent the person from becmoing eligibale to receive Medicaid.  Most times it is required that the cash surrender value of the policy be cashed out, and then the money used for the person's care. ... Read More

The probate process is intended to clear title to real property if someone leaves it in their name alone on their date of death.  In the scenario you have submitted, you will have left your daughter on the deed.  Assuming you have left her either as a joint tenant or a beneficiary deed then it is unlikely she will have to go to probate to clear title.  If however, she is put on as a tenant in common then it would have to go through probate to clear your interest.... Read More

Your asking a straight forward question, but unforetunately there isn't a straight forward answer.  There are a lot of ways to protect assests from Medi-Cal, and it is going to depend on the individual's specific situation and assets.  It's not a one-size fits all situation.  Contact an attorney for a full consultation.... Read More

I think we might need some add'l facts.  Did someone pass away already?  Is there someone in a skilled nursing facility and eliglbe for long term care medical assistance benefits?  Generally the state has a claim to be reimbursed for any long term care medical assistance paid from the estate of the eligible person. ... 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 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

If you have access to all bank and investments account (joint owner or authorized user) and if you don't own your car jointly, you may not need a Power of Attorney.  I think its always a good idea to have one, because no matter how careful you are, there will be osme asset or something for which the POA is needed.  The car is a good example.  If you both jointly own the car, you cannot sell without her signature.  Usually a Power of Attorney is relatively inexpensive.  If you can bring your wife to a lawyers office, it could probably be odne immediately for about $150.  Good luck. ... Read More

If your sister sold the house and gave the money to herself, she might be in violation of the terms of the power of attorney.  Unless the power of atotrney specifically allows for gifting, the agent operating under the POA cannot gift money to themselves.  You need to look at the POA document and see if it allows gifting.  If your sister sold the house using the POA then the POA is filed along with the deed and can be found online.  ... Read More

Seeing a loved one not properly cared for is very difficult.  You are right to be checking in daily and taking care of things that the facility should do until you get action.  You might consider filing a complaint with the Department of Human Services and see if that gets action.  These facilities really fear inspections.  You could also consider a breach of contract suit for violating their duty to provide care in accordance with the agreement, which probably incorporates state regulations. ... Read More

I think you could report anything you feel to be a violation, but I'm not sure it rises to the level of an ethics violation.  At the time your grandmother made this arrangement, perhaps she thought it was a good idea, or that it solved a problem of needing care or not being alone.  I understand the situation is not working out the way she wanted, but without knowing the people involved, its hard to say that the lawyer committed an ethical violation.  ... Read More

I have never heard of the restriction.  I would move them in anyway, and deal with the consequences.  Maybe you could claim it was "temporary" that you are just providing care during rehabilitation.  The regulation seems arbitrary, and would be hard to enforce, and its probably worth the problems with the HOA based on your circumstance. ... Read More