Elder Legal Questions

While this may be a predatory marriage, what you can do turns on whether you father had legal capacity when he married, whether he has legal capacity now and whether you are his agent under a Durable Power of Attorney and whether she is.  You may want to discuss your alternatives 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)  ... Read More

Someone who has been declared legally incapacitated to manage his finances has no legal ability to change the DPOA.  If you fear attempted elder exploitation and would like to discuss this with an elder lawyer, you can find one near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

If your sister is under 65, you can open an account with a master pooled special needs trust in your state.  Due to a very recent MN court decision, you may also be able to open an account if she is over 65 if the amount is such that she can reasonably expect to receive fair market value in goods and services from the transfer.  You can discuss this with an elder lawyer and find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

While an attorney can be named as executor of your estate including your digital estate, you will need someone else to serve as your agent for health and financial matters while you are alive.  In many areas there is a non-profit who will serve.  Some geriatric care managers will also serve.... Read More

When you father passes, your first step will be to hire a probate lawyer who practices in the county in which your father lived and died to present the Will for probate (proving that it is the Will of the person who died).  That lawyer will guide you through  the process of collecting your father's property, paying his debts and distributing the rest according to his Will.... Read More

A dementia diagnosis by itself does not mean that someone lacks legal capacity to grant a Durable [Financial] Power of Attorney.  Some people in the early stages still have this legal capacity.  Fraud is another question. In some states an agent under a Durable Power of Attorney is required to report to the person who signed it and, if it so states, to others. In some states anyone who would be a beneficiary under a Will or an heir if there is no Will can ask a court to investigate the activities of an agent under a Durable Power of Attorney. You may want to discuss your concerns with an elder lawyer.  You can find one near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Medical and Durable Powers of Attorney are effective when signed unless they state otherwise.  They also generally revoke any previous ones, though third parties are entitled to act on the previous powers of attorney if they do not know about the new ones.  This may be a good time to consult an elder lawyer to make sure everything aligns to protect your mother as much as possible.  You can find one near her on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

You may want to see an elder lawyer who does estate planning to make sure that you provide for your care during the retirement years as well as for your children after it with a view to avoiding probate to the extent appropriate.  To find one near you, please see use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Medicaid has a five year look back perriod.  Any transfer of $200 or more for less than fair market value duing the 60 months before the application (which can only be made when you are in a nursing home) results in a penalty period during which Medicaid will not pay.  The number of days, weeks, years or months is deterrmined by dividing the value of, in this case, your home by the dollar amount which PA Medicaid determines is the daily cost of care for that year.  That figure tends to be low balled, rersulting in a longer penalty perirod.... Read More

Change the credit card, reporting the fraud to the company and to the Missouri Attorney General's Consumer Affaird Division.  If you son and his girlfriend will not leave when asked, change the locks when they are out, file a suit for eviction in small claims/jp court and hire the sheriff to evict them.  Report the exploitation to Adult Protective Services.... Read More