Archived
I am a convicted felon. I have 2 sell and deliver charges for which I served 8 mo in prison. Until then I had never been in tro
Lawrence's answer
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Answered on March 26, 2013
Typically there isn't an absolute prohibition on a felon serving as guardian, but obviously, it will be harder to prove fitness. Consult an elder...
Archived
Husband's ownership interest in marital residence (deed and mortgage in wife's name only) after death of wife....
Lawrence's answer
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Answered on March 25, 2013
Taking over the house is easy. Outright devise if client doesn't want house to go to particular folks after husband dies or trust or life estate...
Archived
Need advise on elder care abuse and custody.
Lawrence's answer
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Answered on March 25, 2013
There likely is little or nothing you can do unless you retain counsel. With counsel you may be able to use the health care POA or you might need...
Power Of Attorney.
I believe a POA was signed by my grandmother under false pretenses.
Lawrence's answer
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Answered on March 25, 2013
Depends whether your GM is competent and what she wants. If she is unhappy and has capacity, she can revoke the old power. If she lacks capacity,...
Where do I file a civil case for elder finance abuse, the place the deceased elder lived, or the place defender lives currently?
Lawrence's answer
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Answered on March 23, 2013
The simple answer is you don't file; you get a lawyer to handle the case because elder abuse cases are complicated. If you insist on doing this...
Is the rent paid to an immediate family member for an apartment exempt from medicaid look back rules?
Lawrence's answer
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Answered on March 23, 2013
Rent is not exempt from Medicaid look back rules. Rent paid within Medicaid lookback period triggers Medicaid gift penalties to extent tenant...
Archived
Will this living arrangement qualify my daughter for Medicaid?
Lawrence's answer
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Answered on March 22, 2013
You definitely should apply for SSI and Medicaid because you have nothing to lose. As Paula says, D is eligible for Medicaid and SSI as well if...
Archived
Can an elderly person get out of an apt. rental agreement?
Lawrence's answer
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Answered on March 22, 2013
Unless your state has unusual laws, a lease doesn't end just because it is inconvenient. However, the landlord may have Americans with...
Am I required to answer APS worker's questions?
Lawrence's answer
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Answered on March 22, 2013
You have no obligation to talk to or cooperate with APS but if you don't you will raise suspicions, maybe unnecessarily. If you ave no reason to...
Archived
Does having a legal guardian mean that a previously assigned POA is no longer valid?
Lawrence's answer
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Answered on March 22, 2013
NJ law permits a guardianship court to leave an old POA in effect, but typically the court doesn't. Consultation with guardianship counsel should...
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