my sister just passed away and her life insurance check came in. its a big amount. My parents and I along with her husband took care of her during her illness for the past 7 years. The check has her husbands name but I feel that my parents and I a...
I'm sorry for your loss.
The money belongs to whomever your sister designated as beneficiary of the policy. As Mr. Early mentioned, you may be entitled to reimbursement from your sister's probate estate. The insurance policy, however, probably passed outside the probate estate. If so, then neither you nor your parents would have access to the life insurance proceeds. There may be factors in your matter of which I am not aware, so it may be worth sitting down with a probate attorney to see whether you have a claim.
Good luck with your matter.See question
Power of attorney form info
A new statutory power of attorney form went into effect on July 1, 2017. The old form still works, but it does not offer the protection of the new form. Under the old form, two witnesses are required. A notary is only required of the power of attorney authorized the agent to make real estate transactions. The current form of the power of attorney requires signature by one witness and by a notary.
I hope this answers your question!See question
My mother lives in a nursing home .she has Dementia w/o Behaviors .I am already power of attorney and take care of her and pay her nursing home bill and so on and i am also her medical power of attorney her health is declining and she is forgett...
First, you should be commended for stepping up and taking care of your mother. I know this is a big commitment of time and energy.
Guardianship is considered a procedure of last resort because it involves the removal of certain fundamental legal rights from your mother, including, for example, the right to marry and the right to decide where to live. (Your mother may lack the mental capacity to decide where to live, but she still has the right to make that decision.) We only look to guardianships when all other legal processes, such as agents acting under powers of attorney, have failed.
As long as you are not having problems acting as your mother's agent under a power of attorney, I probably would not bother with a guardianship. If you are having trouble using the power of attorney because someone won't honor it or because it doesn't give you the ability to perform certain tasks, then guardianship is your next option. It may be worth paying for an hour of an attorney's time to learn more about the differences between guardianships and powers of attorney and to address any specific concerns you may have.
Good luck!See question
The guardian has been neglecting Mom's needs and doesn't feel she needs some of life's basic necessities that the staff have asked her to provide. This has been going on for quite some time. I can't afford to take her to court so I want to get con...
I agree whole-heartedly with Drew Early, and I am seeing far too many complaints about negligent guardians in my office. No, your mother's rights to create a power of attorney have been removed by the guardianship. She does have recourse through the probate court, however. This can be a tough court fight, so make sure you have lots of documentation of the negligence. Also, it really needs to be neglect and not simply that the guardian did not handle a matter in the best way possible.
Good luck!See question
need medical attention
I think it's great that you are taking charge of your care. You can find Georgia statutory powers of attorney at the Atlanta Legal Aid website. Don't use just any form; make sure they are the Georgia statutory forms. I've seen people use lots of forms on the internet (including attorneys), and they end up not giving the agent to the powers that the agent needs. Also, the Georgia statutory forms are pretty good. Be sure to follow the instructions on the form. The instructions will walk you through what you need to do.See question
My son is 22. He has mental health issues, autism and over the counter drug addiction. For the past five years I have fought to get him treatment through medicaid and now in addition my Obamacare insurance. He has progressively gone downhill the p...
I'm sorry that you are dealing with these issues. Mental illness is by far one of the most difficult issues I have to address as an elder law attorney. It is also the area that I can provide the least satisfying resolutions.
Guardianship may solve part of your issue in that you can keep him from living in your house and you can establish his residence elsewhere. You cannot, however, force him to live in a medical institution or to take psychiatric medication. That goes beyond the guardian's authority. If he poses a danger to himself or others, you can seek an involuntary commitment process through the courts. That is the only process that I am aware of that will force him to receive inpatient care and to take medication for his condition.
You do have the option of filing a petition for guardianship and nominating DFCS to serve as his guardian. The good news is that you would no longer be responsible for his care. The bad news is that you may not like the care that he receives.
You may want to check with the Department of Behavioral Health and Developmental Disabilities to see what programs are available for him. DBHDD does offer some residential options, but your son probably needs to be willing to go. DBHDD may also offer other programs that could benefit your son.
I hope this provides you some guidance to your very complicated situation. Good luck, and stay safe!
She is almost ninety years old and they have spent most of there savings on home care- sitters and supplies and such. We were going to inherit the home later.
In general, there should be no problem purchasing your sister-in-law's home for fair market value. However, if her husband is planning on using Medicaid to help fund his care in a nursing home, I would recommend she consult an elder law attorney before the purchase. A purchase for too little money could disqualify her spouse from receiving Medicaid for a period of time. Likewise, a purchase for fair market value could delay his receipt of the Medicaid funds and impact your sister-in-law's ability to pay for her own living expenses while her husband is in the nursing home.
That you were to inherit the home later really doesn't impact this analysis. Will are interesting documents in that they really don't have any legal impact until someone passes. Thus, the analysis at this point really focuses on whether you are able to purchase the home (do you have the money to do so and is your sister-in-law and her husband competent to sell the home) and the impact of the sale on any public benefits they need to receive.
Good luck!See question
I need to handle legal/financial matters
I'm sorry to hear about the loss of your son.
To handle your son's financial affairs at this point, you need to seek to become the administrator of his estate, if he doesn't have a will. If he does have a will, the will needs to be filed with the court and an executor appointed. Powers of attorney are documents used during an individual's life and become ineffective at an individual's death.
Please accept my condolences for your loss.See question
And he has copd and they are leaving his oxygen off. I came in today and he has dried ip throw up in a plastic basin by his bed.
I'm sorry to hear about your father-in-law. I don't know whether he needs a power of attorney or not. That depends on a variety of issues.
My first concern is where your father-in-law is now and whether he's receiving appropriate care. You received some good advice with respect to hospital care. Unfortunately, hospital patients need good advocates to help them receive appropriate care, and that may be you going to the nurses station to find out what has happened.
If he's at home or in a facility, you have another problem altogether. If he's in a house where he's not receiving good care, you may need to move him into a facility where he can receive appropriate care. If he's not willing to move or if the family member isn't willing to move him, you may have to address this issue in court and seek a guardianship.
If he's in a facility (assisted living, nursing home or personal care home), you can file a complaint with the Division of Healthcare Regulation. The complaint intake phone number : 1-800-878-6442 and fax: 404-657-5731. My suggestion is to send a fax; the last time I called the number, the mailbox was full.
I hope this posts addresses your concerns. Good luck!See question
He wants to live with his male lover that he only met on internet never seen him before and he lives out of ga
This scenario has danger written all over it. No, a non-emancipated minor cannot go off with a stranger, disability or not. The family should consider getting a guardianship in place within six months of your grandchild's 18th birthday to protect him from predators.
Encourage his parents to meet with a special needs planning attorney to discuss the planning techniques most appropriate for your grandson.See question