Peter C. Sisson’s Answers

Peter C. Sisson

Boise Elder Law Attorney.

Contributor Level 8
  1. My husband has written a holographic will leaving his estate to me (his wife) and omitting his three adult children. No alimony.

    Answered over 3 years ago.

    1. Randall J Holmgren
    2. Peter C. Sisson
    2 lawyer answers

    You should get advice from an attorney in Utah because holographic wills, if allowed in your state, are subject to specific statutory requirements. In Idaho, holographic wills are allowed and must be entirely in the testator's handwriting, indicate testamentary intent, be dated and signed by the testator. In addition, the probate code in your state most likely includes provisions relating to how one must disinherit heirs. If children are not mentioned specifically in the will but omitted,...

    1 lawyer agreed with this answer

  2. What can be done to people who are not related to a person that has dementia & alzhiemers to take them out of assisted living

    Answered almost 3 years ago.

    1. Peter C. Sisson
    2. Mark A. Roseman
    3. David L. Carrier
    3 lawyer answers

    In order to protect the person with dementia, it appears that you will have to petition a court to become the person's guardian (which gives you power of that person's health care decision-making) and perhaps conservator (which gives you power over that person's finances - in Idaho). You need to locate a certified elder law attorney in your area because laws in TN will differ, but where someone is being taken advantage of and he/she is unable to make good health care decision and financial...

    1 person marked this answer as helpful

  3. Grandmother has dementia; grandfather cares for her, but what legal steps should we take now in case something happens to him?

    Answered almost 3 years ago.

    1. Edward L. Armstrong
    2. Gregory James Hickel
    3. Donald Joseph Quinn II
    4. Annmarie Roark
    5. Peter C. Sisson
    6. ···
    6 lawyer answers

    As the previous answer indicates, both of your grandparents need health care powers of attorney naming agents to act for them if they are no longer able to make good health care decisions for themselves. The fact that someone is diagnosed with dementia does not necessarily mean they have lost the legal capacity to sign legal documents. It depends on the particular circumstances. Both grandparents should also have a financial power of attorney and some kind of estate planning tool governing...

  4. I am married and my wife is in the nursing home can a family member get gguardianship of her because they dont like her being th

    Answered over 3 years ago.

    1. Peter C. Sisson
    1 lawyer answer

    Your question was incomplete but I assume a family member wants to take your wife out of the nursing home. You need to get advice on this from a Nebraska attorney. Generally, a court will have a priority list of people to appoint if someone petitions to be another's guardian. The person named in your wife's healthcare power of attorney, if she has one, may be first priority. Spouses usually come next. Then children. So if you are named as her power of attorney you may have priority for...

  5. How much can an elderly person give as gifts to children.

    Answered over 3 years ago.

    1. David LeBron McGuffey
    2. Andrew W. Olsen
    3. Peter C. Sisson
    3 lawyer answers

    The IRS rules for gifting allow everyone to give away $13,000 to any number of people annually and currently, there is a 5 million dollar lifetime gift tax exemption. The IRS rules are not binding on Medicaid, however. If a senior gives aways assets within 5 years of applying for Medicaid, then a penalty (a period of Medicaid ineligibility) may apply to that gift. There are exceptions to the asset transfer penalty rule that may apply. Medicare does not impose any gifting penalties, and as...