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Cheryl K. David
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Cheryl David’s Answers

708 total


  • How can I get change of POA when wife/daughter are both listed as POA for dad and mom experiencing short term memory loss?

    My mom & I both are POA for my dad and vice versa (we are for her also). Mom is experiencing signs of short term memory loss as diagnosed by her physician. My dad wants her to be involved with his care but wants me making the majority of the dec...

    Cheryl’s Answer

    If mom is still legally competent you can follow dad's request and make the big decisions while still involving mom. It appears that your dad is legally competent and still wants your mom involved, when he can no longer make his own financial decisions. It might be wise before going through a time consuming and costly guardianship procedure for you and dad to have a discussion with an Elder Law Attorney about options in this circumstance. If dad is incapacitated and incompetent at some point and so is mom, the duty to administer the Power of Attorney will fall to you after proof is procured.

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  • How do I get my fathers ashes

    My step mother murdered my dad and refuses to give up the ashes after having him cremated not being my dads wish or ours . she is currently in jail awaiting trial but we would like to put our dad to rest

    Cheryl’s Answer

    If your stepmother is adjudged guilty of your father's death, then the NC Slayer Statute would keep her from benefiting from his estate. With some assistance, I believe you will be able to retrieve your father's ashes.

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  • I was named durable POA for my mother who had been diagnosed with advanced dementia in Apr of 2012. 1 yr later she revoked it.

    She was not mentally competent when the POA was revoked and she named her housekeeper as the new POA. I believe the new POA is not acting in a way my mother would have wanted when she was well. Do I have the right to contest the revocation? I a...

    Cheryl’s Answer

    See an attorney immediately. A Guardianship is likely necessary to remove the housekeeper and if appropriate, appoint you as your mother's guardian.

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  • MY FATHER PASSED AFTER HAVING BEEN IN A NURSING FACILITY ON MEDICAID FOR 6 MONTHS. CAN MEDICAID TAKE OUR JOINT ACCT. BALANCE

    MEDICAID SAID THEY WILL SEND A BILL FOR WHAT THEY HAVE PAID FOR HIS MEDICAL EXPENSES. THE BANK HAS TOLD ME THEY WILL TAKE HIS NAME OFF THE ACCOUNT AS SOON AS I GET THE DEATH CERTIFICATE. WOULD LIKE TO USE THE MONEY FOR A TOMBSTONE. HAS NO OTHER ...

    Cheryl’s Answer

    Depending on how the account was set up and in some circumstances, who the money originally belonged to, determines what if anything Medicaid can procure for money expended on behalf of your father. If the account was joint with right of survivorship or is comprised of money you originally placed in the account then it is likely they will not be able to access the account.

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  • Can a foreigner claim the inheritance money in the US but cannot come ,for she has no visa. Am I obligated to send the money.

    I told her to come to the US and claim the money.

    Cheryl’s Answer

    Yes!, if you are the personal representative of the estate it is your duty to make sure that the people who are entitled to receive under the decedent's estate plan receive the money which was left to them. You are not able to compel them to personally come to the United States to pick up their money.

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  • Why would someone want me to sign a relinquish form from a will

    my grandfather passed and my grandparents attourney said that I needed to sign it but I don't trust them he told me about will and I am in it for porton of estate

    Cheryl’s Answer

    I'm not sure why you would be asked to sign such a form unless you are being asked to give up an inheritance or your right to serve as personal representative of your grandfather's estate. Ask a lot of questions, ask to see the will and if possible, hire an attorney before relinquishing any rights.

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  • When amendments (codicil) are made to a will, when are they required to be filed at the clerk's office?

    My brother printed off amendment forms from the internet and had my dad sign them at a notary public. But they did not file them with the original 2008 will on file with the county clerk. Are the amendments legal if they are filed after the test...

    Cheryl’s Answer

    Each state has different laws, so you will need to hear from a lawyer in VA. In NC, until the law changed last week, wills couldn't undergo a living probate and be accepted for probate filing until death. Even though past NC wills couldn't be pre-probated, some residents had their wills held by the court years ago for future filing and then when they died the wills were admitted to probate. A codicil, amendment or new will could be filed later.
    With all of this said, in NC, a will or amendment may be contested if someone isn't competent when signing their will or if it can be proven that they created their documents under duress.
    You may want to repost your question specifically to VA lawyers.

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  • Are there Community Trusts in North Carolina?

    My parents are on fixed income. They make a total of $2000 per month. Unfortunately with healthcare premiums, medicines, utility costs ect... they literally don't have enough money to eat. A friend suggested I look at a community trust to help the...

    Cheryl’s Answer

    Is either parent a veteran? If so there may be a way to reduce some of the costs, such as prescription drug costs and provide them some assistance. If a parent is a Veteran, have them contact the VA in the morning.
    In NC, another option is to call 2-1-1 or United Way, to learn about benefits which may assist your parents. There are other forms of assistance.
    Some trusts are used to reduce assets to qualify for benefits, but your parents don't have enough to reserve/preserve. Moreover, I think the option you are asking about is utilized when one parent is trying to qualify for Medicaid and we're trying to preserve more of the money for the community spouse or well spouse in order to keep the well spouse from becoming impoverished.

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  • What are my rights as poa. Bank said I really have none.

    He is incarcerated in Georgia sent me poa so I can access his account. They will only allow me to close it out and they will give me a check made out to him. Meaning I still can't pay his Lawer. I live in lumberton nc. I can't open an account. He ...

    Cheryl’s Answer

    In addition to the answer already given, you may want to ask the bank why it's not allowing the POA or what they need to allow you to do what you need to do. Ask to speak to the manager of the bank, or someone higher up the ladder, to make sure you are being given then the right information.
    You may also hire an attorney to draft and help your father execute a POA which the bank will accept. If the bank won't accept it, the same attorney will be able to force the issue.

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  • I'm second on line for POA, but I need to exercise my power in some situations.

    I am the adult child of elderly/disabled parents who do not live in my state. Their respective powers of attorney point to each other, and if either is unwilling or unable, then, to me - their eldest child. Who decides if they are unwilling and/...

    Cheryl’s Answer

    Another option which hasn't been listed in the below answers is to ask your parents to redo their Power of Attorney to add you as 1st level or co-power of attorney. The POA may be written allow you to act alone or with the alternate parent. The POA may be written to work either while a parent is still well or only after they are incapacitated.

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