Philip Palmer Lindsley’s Answers

Philip Palmer Lindsley

San Diego Elder Law Attorney.

Contributor Level 6
  1. Do I need a personal injury attorney,?

    Answered 12 days ago.

    1. George Anthony Munoz
    2. Ivette M Santaella
    3. Philip Palmer Lindsley
    4. Manuel Alzamora Juarez
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    Not sure what you mean by "Recuperative care." If the facility is a rehab skilled nursing facility, they have a legal obligation to provide such care as needed to help you achieve your maximum practicable level of functioning. If "can't meet your needs" means they are not providing support you are entitled to, you may need an attorney...or at least to file a complaint. However, if "can't meet your needs" means the level of care is not appropriate for you, or that your expectations are not in...

    8 lawyers agreed with this answer

  2. Can a 17 year old be considered gravely disable because he smokes pot daily and drinks one or two beers weeks at a time?

    Answered about 2 months ago.

    1. Philip Palmer Lindsley
    2. Vance Tate Davis
    3. Gerard William O'Brien
    4. Ivette M Santaella
    5. James Charles Shields
    5 lawyer answers

    You can only get that type of conservatorship based on a finding of grave disability. That means an inability, due to a mental disorder, to provide for his own food, clothing or shelter. Doesn't sound applicable. Stranger still, he is a minor, and should not require such a proceeding. You are still his legal Guardian, and should be able have quite a bit of influence in all of this. Please see an attorney.

    8 lawyers agreed with this answer

  3. Is it appropriate to send court ordered conservator web based article detailing problems with assisted living facilities?

    Answered about 1 year ago.

    1. Philip Palmer Lindsley
    2. Richard Marc Katz
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You certainly should forward that article. And, with new legislation just enacted, the conservator will not be able to control the frequencies of your visits after 1/14/14 unless they get a special order to do so.

    Selected as best answer

  4. What can I do to have my adult children inherit my property share from my 2nd marriage upon death; I'm 19 yrs older than him.

    Answered 18 days ago.

    1. Philip Palmer Lindsley
    2. Michael J. Hodnett
    3. Christine James
    3 lawyer answers

    Most common would be a joint trust, agreeing that if you died first he could continue to live there, but locking in your 1/2 share for your kids. There are many options. If he won't cooperate, you can always do a trust of your own for your 1/2. An estate planning attorney should be able to help you understand all your options. No reason to loose a second time.

    7 lawyers agreed with this answer

  5. Is it ever proper for an attorney to also act as a notary for a client who is a trustee of a large estate?

    Answered 12 days ago.

    1. Philip Palmer Lindsley
    2. Joseph Bernard Mchugh Jr
    3. Michael Leo Potter
    4. Joel Steven Weissler
    4 lawyer answers

    Yes, there is nothing wrong per se with an attorney notarizing a document for his client. A notary is only verifying that the person who signed is who they say they are...nothing more. The real questions here are whether or not the 7th wife acted within the authority the trust granted her. And perhaps also, if your friend had capacity to do the amendment or did it subject to undue influence. As to the attorney, If his client was clearly exceeding their authority under the trust, and the...

    6 lawyers agreed with this answer

  6. Funding Special Needs Trust

    Answered about 1 month ago.

    1. Philip Palmer Lindsley
    2. Gerard William O'Brien
    3. James Charles Shields
    4. Shelley Ann Elder
    5. Patrick Joseph Bradley
    5 lawyer answers

    If the settlement was recieved by her, she could still establish a "first party" special needs trust without loosing her benefits. It is important that this is done correctly though, and in the right kind of trust...so she should definitly see an elder law attorney familiar with special needs trusts. If the other trust you mention was createdand funded by her sisters, it may be what is known as a 3rd party special needs trust...and you deffinitly would not want to mix the two. Again, see an...

    Selected as best answer

  7. I own a home paid in full below 500K and very small income from social security, my children want me to do an irrevocable trust,

    Answered 29 days ago.

    1. Michael Raymond Daymude
    2. Philip Palmer Lindsley
    3. Vance Tate Davis
    4. Stephanie O Joy
    4 lawyer answers

    I share the concern of the others that there'[s not enough information to know whether this is a good idea or not. There are significant risks to you with such a trust and transfer of your home. I suspect you have much better options if the goal is Medi-Cal eligibility. From your brief statement, you may be already eligible for Long Term Care Medi-Cal should one of you need care in skilled nursing. We sometimes advise transfers for avoidance of state recovery actions for people who in...

    4 lawyers agreed with this answer

  8. My son receives sdi. Can he work part time and will tHis affect sdi or Medicaid?

    Answered 12 months ago.

    1. Ivette M Santaella
    2. Kelvin P. Green
    3. Philip Palmer Lindsley
    4. Clifford Michael Farrell
    4 lawyer answers

    Other answers have assumed you mispoke and meant SSI, not SDI...and perhaps they are right. But if you meant what you said, there are still issues, though different ones. SDI does allow some minimal part time work, and has a more robust trial back to work program as well that will allow several months of work for some one to test if they can make it off benefits. You should consult with a Social Security Disability attorney to review the options.

    4 lawyers agreed with this answer

  9. Have immature child 29,She is 50% beneficiary to life insurance; possibly 25% of equity in house. Can I include her in my trust

    Answered 22 days ago.

    1. Matthew Murillo
    2. Philip Palmer Lindsley
    3. Jason Samuel Sheinberg
    3 lawyer answers

    Absolutely! It's your trust, and you get to make the rules. A good estate planning attorney will walk you through many options to protect your daughter from herself, and to make sure the assets are there for what's important. It can be as restrictive or as flexible as you wish. You can make sure your metaphorical Chevy is there long after the Porsche is grabbed by creditors.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. When applying for Medicaid can my mom write me a check for 1500 to get under the 2000 in assets allowed a time of application?

    Answered about 2 months ago.

    1. Lawrence A Friedman
    2. Robert William Haley
    3. George Anthony Munoz
    4. Philip Palmer Lindsley
    4 lawyer answers

    Some of theswers don't understand that you are in CA. A $1,500 transfer, even if an outrght gift, will not be penalized by Medi-Cal. This assumes your mother has the understanding to know she is making a gift to you. You do however, with the way title is held, have a potential 'recovery" issue. Transferring the home now likely will only make things worse, unless you know exactly what to do and how to do it. See an experienced elder law attorney in your area.

    3 lawyers agreed with this answer

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