My mentally disabled sister is getting married. My father is her legal guardian and holds power of attorney. Will he still hold POA after the marriage or will her new spouse have the ability to make decisions on her behalf? Please note I am not ...
I am curious as to whether your sister has always been mentally disabled, or if this is the result of injury or disease? If she has always been mentally disabled, how was she able to consent to a POA? In other words, is the POA valid. Even if it is not, the guardianship poses issues as Mr. Frederick stated.See question
I sold a home to a company (principal place of business is Nevada) in 2006. I filed a warranty deed transfering interest to the company. All of a sudden, a few weeks ago, I received a quit claim deed, conveying the property back to me. I have not ...
My firm has an office in Paris and deals with these types of issues. A review of the original warranty deed, confirmation of its filing, and review of the deed you have recently received would be necessary, at minimum, to determine the status of matters. You did not name the company, but a google search might tell you something. For instance, their reputation, other similar occurrences, etc., just to get an idea of what you are dealing with.See question
Will the state let them hire me
You do not state that you have a conviction, but only a charge. They are not the same. I agree that you should consult with an attorney. Even though you might still be able to get a job, you will probably not be a candidate for the best jobs available. You should look into options for expungement.
The Illinois Attorney General's website provides some useful information on the topic of expungement. To qualify, you cannot have a conviction. In other words, a supervision successfully completed or a dismissal is generally required. There are exceptions for some misdemeanor charges 5 years after successful completion of probation. If you do not fit within the narrow requirements, a governor's pardon may be your only option.See question
I am legal guardian receiving disability benefits. Now we want to adopt and change his name. Will the benefits stop?
Can you please clarify your question? You state "parental disability benefits." Do you mean that the child receives benefits due to the death of his or her parent? If the child receives dependents benefits, they will not terminate due to adoption.See question
Darren Doesnot speak he has mental ill. I am In baldwin ,La. 70514
I am not licensed in Louisiana, but I feel confident that the requirements are similar in all jurisdictions regarding legal competence. What this means is that, to make someone your agent under a power of attorney, you must be competent to make your own decisions and to understand what you are doing. It sounds as though your son may not be competent. What that leaves you with is the necessity of obtaining a guardianship, called a conservatorship in some jurisdictions. This is a court proceeding which generally involves at least two attorneys, because the disabled person is entitled to an attorney to represent his interests. Contact a legal services organization in your area, which you should be able to find via an internet search, or contact an estate planning or disability attorney in your area. The time and effort will be worthwhile.See question
I am about to fill out the representative payee report,and I am scared to show any savings!!!
If she is receiving dependent benefits, savings should not be an issue. It is only an issue in SSI cases. They ask for a report to make certain that you are using the money for her benefit. So long as you can show that her needs are met, if you happen to also be saving for her education or other future needs, that is a benefit for her.See question
we just found out that my daughters father has been drawing disability for 4 years plus he owed child support but she is twenty now and not in school with a child of her own is she entitled to anything sense we dident know
Depending on his family maximum benefit, she may have been entitled to dependent's benefits while under 18 and still in school. She can contact the local Social Security office to inquire about her past eligibility and whether payments were made to someone on her behalf. She will need her father's Social Security number more than likely, but I would still encourage her to call even without it.See question
My daughter was accused of retail theft 2nd degree as well as an attempt to use a cc that was not hers, although that was unsuccessful. Our attorney is working with dropping the felony and agreeing to probation for the retail misdemeanor. This is ...
Yes. Court-appointed attorneys are attorneys, period, and in many jurisdictions they can be quite well-compensated. They have the same education and all others and are specialized, generally dealing with the same judges and procsecutors on an ongoing basis. This allows them to know what programs are available and what to expect with a good bit of accuracy. However, they do tend to have very heavy caseloads, so you may get more "facetime" with a privately-retained attorney. While I agree with the answer above that you should get specific answers from the attorney you have paid, one of the questions to ask is whether there is a diversion program. Some jurisdictions do not have such programs, or have them only for limited offenses. Also, I would caution that you cannot blame the privately-retained attorney getting the same deal that a court-appointed attorney may have gotten. The prosecutor should treat all attorneys and their clients, based on the client's allegations and record, in a consistent manner. There are many reasons to chose to retain an attorney privately, but it is a personal decision. Incidentally, the facts you present give me no reason to, nor do I intend to, second guess your attorney. My intention was to dispell some of the myths about the value of court-appointed counsel.See question
my wifes ex husbands father just recindid poa on a vehicle that we have been making all the pay ments on. what does this mean and what can we do. we have no way torefinance the vehicle.
If you are saying he gave you a POA so that you could use the vehicle, the POA was completely unnecessary to achieve that purpose. If the vehicle is not titled or registered in your name, and the loan is not in your name, you stop paying.See question
my mother wants all of her children jointly as agents on her durable power of attoney. Is this legal?
I agree wholeheartedly with Mr. Frederick. One at a time. No matter how functional and close siblings are, nothing brings out the worst in them more than the parents' illness and finances. No one wants to set their children up for failure.See question