Archived
When a spouse goes into long term care does the remaining spouse lose their assets-annuities/house/savings are joint-401k mine
Lawrence's answer
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Answered on August 29, 2014
Probably loses most assets if the spouse does NOT work with an elder law attorney to protect them. Can protect house and a good chunk of other...
Archived
Estate planning - how can I have everything go to my kids and not my husband, so if he remarries, his new wife get nothing?
Lawrence's answer
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Answered on August 29, 2014
A will can accomplish all your goals while a trust alone cannot. However, unless you have a quality prenup, your husband may be entitled to up to...
Archived
If i work as a care giver to provide the service to my mother may i have payed vacation time
Lawrence's answer
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Answered on August 28, 2014
If your mother is competent, she can agree on whatever she likes provided there is no wrongdoing involved like duress. If terms are overly...
Archived
My mother inlaw is dying and has noone to take care of her needing 24 hr care i cannot do both can i draw unemploment?
Lawrence's answer
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Answered on August 28, 2014
Typically, unemployment benefits are not available to an employee who voluntarily quits work. Limited duration family leave is available in some...
Archived
Does a respondent (an alleged incapacitated) have the right to a lawyer/traditional legal defense in a capacity hearing?
Lawrence's answer
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Answered on August 27, 2014
Varies by state. For instance, in NJ the court appoints a lawyer for an alleged incapacitated person when guardianship is sought.
Archived
Nursing home sueing due to Medicaid denial. What can/should I do?
Lawrence's answer
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Answered on August 26, 2014
You should consult an elder law attorney ASAP regarding the nursing home suit. Not clear what that has to do with cleaning the house but an estate...
Archived
Are estate planning and elder care planning related enough for one attorney to handle both areas?
Lawrence's answer
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Answered on August 25, 2014
Elder law and estate planning attorneys aren't necessarily knowledgeable in one another's fields but many EL lawyers also are EP lawyers and vice...
Archived
I'm a live in caregiver in Chicago Illinois. I have no contact at all. Legally, can I leave?
Lawrence's answer
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Answered on August 25, 2014
Clearly, the family can't force you to be a caregiver. However, since you have been providing care you have a legal obligation to arrange your...
CAN I LEGALLY STOP MY HUSBAND FROM MOVING HIS ELDERLY MOTHER INTO OUR HOME AGAINST MY WISHES
Lawrence's answer
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Answered on August 25, 2014
The simple answer is maybe. If you are willing to get divorced, you certainly need not have your mother in law live with you. If you stay...
Archived
I'm on disability and i was remove from my home of 6yearswithout being able to get my medicine out or clothing.muchmoreto thisno
Lawrence's answer
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Answered on August 25, 2014
You may want to consult local counsel or legal services and make a referral to adult protective services.
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