Philip Palmer Lindsley’s Answers

Philip Palmer Lindsley

San Diego Elder Law Attorney.

Contributor Level 7
  1. How do I get a durable power of attorney for a never been married incapacitated brother who is 87 and unable to do anything?

    Answered 2 months ago.

    1. Philip Palmer Lindsley
    2. Elena M Bazhenova
    3. David L. Carrier
    4. William Ray Pelger
    5. James Charles Shields
    5 lawyer answers

    I agree. If there is a possibility he would understand a power of attorney, that would be simpler, but if not, you will need a conservatorship. Time may be of essence here, as you will have issues regarding care, placement and possible Med-Cal qualification soon.

    9 lawyers agreed with this answer

  2. Do I need a personal injury attorney,?

    Answered 3 months 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

  3. 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 5 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

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

    Answered over 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

  5. My fathers mortgage will be paid off in two years. He is retired and is 73 years old. What would happen tax wise once the house

    Answered 3 months ago.

    1. Christine James
    2. Rosemary Jane Meagher-Leonard
    3. Frank Wei-Hong Chen
    4. Philip Palmer Lindsley
    5. Joel Steven Weissler
    5 lawyer answers

    I agree with all statements. I'd like to add, though, that it would make no sense to refinance just to get a mortgage interest deduction. That would be a net loss. Refinancing would only make sense if he needs that extra income for his in-home care, and his other sources and benefits eligibility isn't enough.

    7 lawyers agreed with this answer

  6. Can I list a house for sale for my Dad. Since he has dementia? He asked me too. Has a crime been committed?

    Answered 3 months ago.

    1. Philip Palmer Lindsley
    2. Dana Whitney Atchley
    3. Michael Charles Doland
    4. Ajay Mohan Kwatra
    5. Dawn Danielle Stark
    6. ···
    6 lawyer answers

    There are a lot of moving p;arts to this question. Tax issues, public benefit issues, legal authority, and more. See an experienced elder law attorney in your area to see if this is a good idea or not.

    7 lawyers agreed with this answer

  7. 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 4 months 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

  8. 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 3 months 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

  9. Does a nursing home resident have to pay back the nursing home if they did not have Share of Cost until Sept 2014?

    Answered 3 months ago.

    1. Philip Palmer Lindsley
    2. Christian K. Lassen II
    2 lawyer answers

    If someone has zero share of cost based on Medi-Cal determination, and then later acquire additional income or property, that may change their eligibility or share of cost going forward, but they owe nothing retroactively.

    Selected as best answer

  10. Funding Special Needs Trust

    Answered 4 months 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

619-235-4357