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Diane Beth Weinberg
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Diane Weinberg’s Answers

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  • Now the question is The Power of Attorney papers says that I'm in charge of everything finances belongings for Animals

    Okay I have a sister and she lives here in Atlanta I live down the street from her will she married this recovering addict and after she married him we had Power of Attorney papers drawn up and she signed them

    Diane’s Answer

    Good morning!

    I'm not quite sure what you are asking. I will assume that you are the agent under your sister's power of attorneys, and that there is some sort of clause in the power of attorney concerning animals. The power of attorney gives you the right to do whatever your sister allows you to do under the power of attorney. If the power of attorney gives you the right to write checks from her bank account, you can write checks from her account. If it says you can only write checks from her account on Mondays, you cannot write a check from her account on a Friday. Your sister retains the right to do anything she allows you to do. Thus, if the power of attorney gives you the right to write a check from her account, she continues to have the ability to write a check from her account.

    The good news is that the power of attorney (POA) does not make you responsible for her obligations. If you have the ability to provide financially for her pets, then you have the ability to pay bills with the POA from your sister's account; you have no obligation to pay those bills with money from your bank account.

    I hope this answers your question.

    Diane

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  • What paperwork do i need to let my mother have temporary guardianship over my son without going to court.

    I am in a bit of a tricky situation. I am 23 and i have a 2 year old i live with my son's father's parents. The father lives here also. I moved in because i needed their help with my child and they promised to help me get on my feet but in the pas...

    Diane’s Answer

    I am sorry to hear about the problems you are facing. I also want you to know how much I admire you for taking the steps to end the abuse an to provide for a good life for you and your family.

    What you need to do instead of temporary guardianship is to get to resources that can assist you and keep you safe. Please contact one of the following resources who can help you get to a shelter that will be safe for you and your children -

    Southern Women\'s Housing Alliance Inc - Stone Mountain
    671 Southland Pass Ste. 225
    Stone Mountain, GA - 30087
    (678) 754-2253

    Partnership Against Domestic Violence - Atlanta
    P.O. Box 170225
    Atlanta, GA - 30317
    Phone: 404.870.9600
    Fax: 404.870.9611
    24 hour line - 1.800.33-HAVEN (42836)

    Please act quickly for your sake and for the sake of your children. Good luck!

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  • Why do she need to probate the will and if so, how long after the death do she have to probate?

    My Mom passed left a will with my sister being the executor. There is only a house worth about $90,000. None of the surviving siblings have any rejections to her being the executor.

    Diane’s Answer

    First, I'm sorry for your loss.

    Yes, your sister will probably need to probate the will because your mother owned a house. I say "probably" because I don't know more about the house, for example, how it is titled and whether it is subject to a mortgage. Your sister should take the will to an attorney to evaluate whether probate is appropriate. Some county probate courts have a monthly probate "Q&A" session with local attorneys at no or minimal cost to county residents, and that may be a good way for your sister to get an answer to her question.

    Good luck!

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  • Just because POA was changed listing me as secondary. Is it legal for them to completely cut me off from her medical care?

    Elder Mother - I am daughter, re: question with Medical POA Primary and secondary. Much involved I know I really need to consult with an attorney in detail to many issues. But current concern is this. I am the youngest daughter in nursing years. ...

    Diane’s Answer

    The prior attorney gave you good advice in that, if your mother is competent, she is able to choose her agents under a power of attorney.

    I am concerned that you were not able to see your mother in the assisted living facility. If you left because you were angry, that is one thing. If you were prevented from seeing your mother, this may be a violation of state and federal laws governing the rights of residents of assisted living facilities. And if your siblings prevented your mother from receiving necessary medical care, that could be a violation of their fiduciary duties under the power of attorney and possibly a felony under criminal law. I suggest you see an elder law attorney who can assist you with these issues. If you are being denied access to your mother in the assisted living community, contact the State of Georgia Ombudsman's office at 866-55AGING (866-552-4464) and select option 5.

    Good luck!

    Diane

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  • Can my mother transfer her cash assets to a disabled child and qualify for Medicaid to pay for the nursing home?

    My mother has just been admitted to a nursing home and our goal is to have her go back to our home because she lives with me. I am her 55 year adult disabled child and have provided her with assistance for many years. I had recently had to hire pr...

    Diane’s Answer

    I'm terribly sorry to hear about your mother.

    The answer is yes, you do need to speak with an elder law attorney. While the transfer of assets to a disabled child is generally an exempt transfer, you both may be at risk for losing your benefits if the transfer is not done correctly. Please check www.NAELA.org to find an elder law attorney near you. Good luck!

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  • On a durable power of attorney, were it has (Document prepared by), I forgot to put the apt# and name of complex

    On a durable power of attorney, were it has (Document prepared by), I put the name, address, town, state and zipcode. I forgot to put the name of the retirement home I live in, and the apt. number. Will that make this document invalid when I file ...

    Diane’s Answer

    While it's clearly a better practice to have the name of the retirement home and your apartment number, this omission alone will not invalidate the document. If you have any questions about a power of attorney, I recommend you consult an elder law attorney who can discuss the details of the document and who can include provisions that typically are not found in form documents that will help with your long term care planning.

    Good luck!

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  • My step mother says that my father signed a will, me and my sister think he wasnt of sound mind when he signed it, can we fight?

    My father died October 4th from a brain tumor. He was diagnosed in June of this year and began chemo/radiation in late June. I was informed today by a lawyer , by phone, that my father "signed" a will typed up by my step mother in July, leaving ev...

    Diane’s Answer

    I'm sorry to hear about your father.

    Yes, you can contest the probate of the will. You will need to find an attorney who specializes in probate litigation. When you think about fighting the will, please consider the amount that you expect to receive. Probate litigation is expensive, few attorneys handle these matters on contingency, and It is possible that you will spend more than the inheritance fighting the probate.

    Good luck with your matter.

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  • I want to adopt my 21yr old special needs grandson

    My grandson lived with his parents in Illinois for 4 months, before that they resided in Georgia. My grandson, while left home alone with 3 younger siblings made a sexual remark to his 11 yr old sister. His dad, (adopted my grandson) came home,...

    Diane’s Answer

    I am so sorry to hear about the challenges you and your grandson currently face.

    I would recommend talking with an attorney about your options. You can adopt your grandson, or you may want to get guardianship over your grandson. Your responsibility and the implications for your estate under each legal process is different. For example, with adoption, your grandson becomes your son and is entitled to a distribution from your estate; he gets nothing from his mother's estate. His parents also need to be willing to legally disown him; I'm not sure you can force them to disown him as you might be able to do if he were a minor. With a guardianship, you take responsibility for where your grandson lives and his medical treatment. It does not require parental permission, it does not impact your estate, and it can be reversed if your grandson shows he has capacity to make significant responsible decisions with respect to his health and safety. I've only hit the highlights of these options, so I recommend you talk to an attorney and make an informed decision as to which makes the most sense in light of your situation.

    Good luck!

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  • My Mom's civil rights were being violated and no one cared.

    Mom was in Assisted living and her POA became very suspicious of me for unknown reasons so she had staff hold back her mail until she could go through it first and also had all of her calls forwarded to her cell phone. Mom couldn't make or receive...

    Diane’s Answer

    Yes, it does sound like your mother's rights under Federal and State Patient Bill of Rights may have been violated. You may want to file a complaint with the Long-Term Care Ombudsman's office or, if you suspect more insidious activity, consult with an Elder Law attorney.

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  • If I am Durable power of attorney for my grandma can I sell her house over previous poa who rented it out? She wants house sold.

    My uncle previously entitited himself to poa over my grandma. He moved her in an assisted living home and gave away what she owned in her house then rented house to my cousin. My grandma has deed and pays all taxes on property still. My grandma li...

    Diane’s Answer

    I am sorry to hear about the problem you are having with your grandmother. What you are describing is the financial exploitation of an elder, a felony in Georgia. Please contact adult protective services and give them as much detail as you can. Also, you may want to consider hiring private counsel to help protect your grandmother's rights or, if necessary, to initiate proceedings to protect your grandmother.

    Good luck!

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