Elder Legal Questions

There seems to be some confusion here. First, authority under a PoA expires with the person who granted it. Second, only your mother could have created a Revocable Living Trust affecting her property or named successor trustees (unless the trust document allows successor trustees to name their successors). Third, a Living Will tells the doctors what your mother wants if she is near the end of life or in a permanent vegetative state. Fourth, if by "Living Will," you meant "Will," that governs only property which was not conveyed to the trust before your mother died.  There is no need to probate or share the Will with anyone if all the property was in the trust. Fifth, beneficiaries often mistakenly think that money in a trust is their money.  It is not.  It belongs to the trust and can only be distributed according to the trust document. Sixth, while many states require that the trustee provide an annual accounting to beneficiaries over a certain age, they do not usually require that the trust document itself be provided. You may want money.  The trustee is not obliged to give you any except in accordance with the trust document.... Read More

You could consider putting funds into a bank account over which only your mother and her agent under a Durable Power of Attorney have authority, perhaps requiring in the DPOA that the agent supply an accounting to any sibling within 10 days following dated written demand sent CM RRR.  You could also create and contribute to a trust with none of you acting as trustee.... Read More

A POA expires with the person.  Hopefully your mother named you and your sisters co-executors in your Will. Because your description is cut off after "had my mom do a test at a clinic to see if she," it is not clear whether you are asking whether your mother had legal capacity to do the things to which you apparently object but may have suffered undue influence or lacked capacity to do them with or without undue influence.... Read More

You do not describe the result of your contact with Elderly Protective Services. Unless there is a history of abuse or exploitation, not even a guardian can restrict a person's right to contact with others.  You may want to talk with an elder lawyer.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)  ... Read More

Your mother can name someone other than her husband as her agent under a Durable [Financial] Power of Attorney and let them buy things for her.  She can also name someone other than her husband as her agent under a Medical Power of Attorney, to communicate her medical decisions when she cannot.  You might want to talk about the overall situation with an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

While the other person on the deed could gift you his interest and record a deed to this effect, if he (and you) are doing so in an attempt to evade current creditors, this would be fraud.  Note that although an assisted living facility does not provide medical care, there is still a bill for room, board and non-medical assistance which must be paid.  If your husband dies in the assisted living facility (or in a nursing home), suit could be brought against his estate.  In some states there are deeds which pass title on death, avoiding probate.  You might want to discuss this possibility with an elder lawyer.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

This is an old trick.  It is illegal.  Cross out "legal representative" and "personal representative" wherever they appear and write in "as agent under DPOA" -- if indeed you are.  Check with your sister, ask the facility for a copy of the alleged power of attorney and check the deed records.  A power of attorney affecting real property must be recorded in the deed records to be valid in that respect.  Note that you can always choose anotehr assisted living facility and that the contracts are negotiable.... Read More

While you may use a statutory Durable Power of Attorney signing before a notary, if the person granting it may need help due to current or future disability, they may want to grant additional powers or give additional direction.  For this you will want to consult an elder law attorney,  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

You probably want to sit down with an attorney.  There are a lot of moving parts here, and it's going to require a more in depth look.  Is there a lease agreement? Has law enforcement been involved?  The background facts may make all the difference here.   Best of luck.... Read More

Contact a local estate planning attorney about a Marital Property Agreement (in some states called a Marital Separation Agreement).  Keep in mind that your husband must agree.  Like the inheritance, the money is his.  This is different from an IRA, which is deemed to be that of both spouses.... Read More

It does not.  A Medical Power of Attorney authorizes the agent to speak for the person when they cannot communicate.  A Durable Power of Attorney authorizes the agent to access finances and pay bills without affecting the authority of the person who granted it.  Neither authorizes the agent to determine where the person lives.  If you need an elder lawyer to remind the agent of state law and the nursing home of the federal Nursing Home Residents' Bill of Rights, you can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org). Your mother can leave against medical advice at any time.... Read More

This may be inadvisable for at least two reasons.  First, if your FIL gifts the home now, he will incur a penalty period if he needs nursing home Medicaid or a Medicaid home health care waiver.  In 2021 that period will be determined by dividing the fair market value of the home by $212,50.  It is likely to last months.  Second, even if the Durable Power of Attorney has broad gifting powers, by gifting to herself you wife is violating her fiduciary duty under the Durable Power of Attorney.  A better approach may be to lease his home to help pay for the cost of the Assisted Living Facility's memory care unit.  If you would like to discuss this with an elder lawyer near year, see the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More