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David L. Carrier
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David Carrier’s Answers

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  • Can I evict month to month tenants who wanted to purchase the home and are now needing more time than originally planned for?

    Would like to sell within the next 6 months and current tenants living month to month were planning on purchasing but need another year, I am not going to wait another yr. Have already sent first eviction notice and they have less than a month rem...

    David’s Answer

    Would like to sell within the next 6 months and current tenants living month to month were planning on purchasing but need another year, I am not going to wait another yr.
    Good for you!
    Have already sent first eviction notice and they have less than a month remaining before I can file with the state if they do not leave.
    OK!
    Gave them 31 day notice and house needs interior painting etc. before I want to sell. They are also upset because they put money into the house, I do not owe them anything for doing things they wanted to do?
    You don't owe them and maybe they should have fulfilled their obligations as you have...
    I as the money they spent was not on anything needed for the house.
    Doesn't matter, improvements by tenants inure to the benefit of the title holder...

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  • In the state of Colorado is a lawyer required to do a very basic full power of attorney?

    our father is mentally sound but is getting to a point where he needs us to do more for him.

    David’s Answer

    Everything is "very basic" until it's not. Sigh. Go ahead. Save a few bucks now, then wonder why your father is broke later. There's a company that advertises alot on TV that'll help you down this track. Buena suerte!

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  • I bonded my sister out of jail w/$ 2500 + my deed. My sister died b4 going to court. Will I be able to acquire the deed & $ bk?

    I have the death certificate.

    David’s Answer

    Yes, death is a legitimate excuse not to answer one's bond. In Michigan anyhow....

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  • My Dad's (91) Caregiver did not take him to the hospital for 2 weeks even though he asked to go and clearly needed to go.

    He was urinating blood all over the house, toilets and clothes were bloodied. I called CG, she said it was an ongoing prob. I shouldn't worry. Also, they'd been to a lawyer, he had a new will {unsigned). CG saw blood on clothes at Dr. appmt, CG to...

    David’s Answer

    Although criminal charges are at the discretion of the prosecutor, it is also true that prosecutors are people too, people with huge caseloads and too little time to go after all the cases where the victims are still living. And yet, determined family members do seem to have an influence sometimes... Certainly you can go after the CG for civil damages, but the routine defense in cases (usually medical malpractice cases) involving older people is that "they were going to die anyway, in a short period of time, so even if we killed 'em, well, no damages". I'm not kidding, that's the argument that gets made... so consult with counsel, of course, ring up the prosecutor and advocate for your dad, but be prepared for disappointment...

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  • 94 year old refuses to stay in nursing home

    Nursing home States MIL is in a sound state of mind and are going to send her home. Physically she cannot take care of herself. Are there legal procedures I can implement?

    David’s Answer

    Which is it? Is the nursing home ejecting your MIL or is your competent 94 y/o relative refusing to stay?
    Q: 94 year old refuses to stay in nursing home...
    A: If she's mentally competent, that's her right.
    Q: Nursing home States MIL is in a sound state of mind and are going to send her home
    A: A skilled nursing facility cannot eject a resident without due process without her consent

    Which is it?

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  • Can my sister who is appointed power of attorney for my 92 yr old dad take his car away legally?

    sis has main power of attorney,I am backup he has alzheimers and refuses to stop driving is 92 I have his car tracked by gps in real time but we need to keep him from driving pretty soon,

    David’s Answer

    For many (most!) people, taking the car keys away is the worst moment of their lives... that does not mean that you don't have to do it, but it won't be easy. It seems to me, that it is frequently easier for the parent if a 3rd party, such as a police officer or attorney is involved rather than the children only...

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  • I need to change the trustee on a revocable living trust.

    Presently the trustee is my father. He is in the first stages of dementia. He wants to designate me as trustee. I am already his living power of attorney. Can I just fill out a form I found online and both of us sign it? The paper work I foun...

    David’s Answer

    Q: Can I just fill out a form I found online and both of us sign it? The paper work I found states that you do not have to file it or have it witnessed. Is this true?
    A: These are serious matters that should be treated seriously. Filling out forms you find online is not taking it seriously. If you had a leaky toilet, would you go online, download the instructions and do it yourself? Some folks do... and when they finally get around to calling the plumber, the basement has to be pumped out first. It's wonderful to think that these are really very simple matters, but that is simply false. Talk to a few elder law attorneys, make an appointment with the one who talks about the next 30, 60, 90 days, the next 1, 3, 5 years...

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  • My 86 yr old mother with demintia, has an income of approximately $4100 per month, will she be eligiblble for medicaid in ny?

    1994 put home in life estate for 3 daughters,has 50% of one daughters home , can you transfer part or remaining interest to help qualify for medicaid

    David’s Answer

    Definitely need to consult with counsel... but it sounds to me that she's over assets for MA, there may be techniques that can be used to secure some of the assets, but how to do it will depend on the specific facts...

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  • Do I need a NY attorney in order to transfer my biological father from a nursing facility in NY. to live here with me in NC?

    My brother who does have his last name claims to have power of attorney over my father..while I do not have my fathers last name what type of legal intervention if any is necessary?

    David’s Answer

    By instituting a guardianship action in NY, you'll find out whether your brother has POA over your father. Your last name is irrelevant. You do need counsel.

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  • Is there an attorney for the elserly

    Need to put together a family limited estate

    David’s Answer

    I agree that an elder law attorney is probably your best bet... BUT, I disagree that you need a "family limited estate", For one thing, I don't even know what that is, but more importantly, when people focus on documents and techniques (I need a trust, I need a will) they take their eye off the really truly important questions, like... what am I trying to accomplish here?

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