I have my an elderly person living in my house and he needs proper care which is being denied to him, the person who is 'helping' him is unsuited for care and is neglecting him emotionally and physically. Please respond thank you
You are in a difficult situation. If the elderly person does not want to move and you do not have authority to move them, it's pretty hard to do anything. I agree with the others that you should involve an elder law attorney. But, if you are not able to and the elderly person's safety is seriously at risk, in that you think they are being exploited, abused or neglected, you can always call the elder abuse hotline. Upon your request the call will remain anonymous to the caregiver and the elder.See question
I have been unable to work since April 2013. I have used all my liquid assets . Been diagnosed bipolor, aadd, and ptsd. Forced to sell home. No monies left mortgage/bills/etc. Proceeds/equity= $130,000. Told now becomes asset yet home ownership wa...
There is a time period for repurchasing another home, but it is limited. Also, you may be able to protect the funds in other ways including a special needs trust or pooled trust and certain non countable purchases. It would be wise to consult with an elder/disability law attorney right away.See question
I have Medicaid, Food Stamps, and am in a permanent apt (DSS program) with the lease holder being Dept Social Services with a standard rent that will never go higher, nor will I be evicted if I lose my income or inability to pay rent.
Whether or not this will effect you eligibility depends on the type of Medicaid program you are on and the asset limits. In Florida that amount of money would not matter for some programs but would create ineligibility on others. I do not agree with losing the benefit and then spending down. There are too many good ways to protect without losing the benefits. You should have a consultation with an elder law attorney in your state before you receive the funds.See question
My mother is dying. I am here POA. She has $50K in credit card debit. We liquidated her assets, and I created a trust. We put $40K in it. She has $140K in her own account. My lawyer wants me to put another $50K in the trust, and the other $90K in ...
While Medicaid Annuities have their place, there may be often other, less expensive ways of protecting assets. But, as the other attorneys that answered your question, all factors must be taken in to account, including your mother's life expectancy. It is important to work with an attorney that understands Medicaid in your state. If you get a second opinion, it should be with someone in your state.See question
Verbal agreement between my 58yr old mom & I that cash was given to me & I would pay her back in payments & live with her. Well the living arrangements didn't work out bc she had my brother & dog move in. Now she's saying I stole her car which is ...
Since your mother is 58, she would have to have some illness or reason to be considered a vulnerable adult. The age for elderly is either 60 or 65, but again, she may qualify if she is considered vulnerable. If she did not sign the title over to you, you would be required to return it because it is the property of the person on the title. But, if the title is in your name, then there would be additional steps for her to prove you stole. With verbal agreements, it is hard on both sides. If an investigation is opened, I'd suggest you get an attorney before answering any questions.See question
My mother has been diagnosed with dementia. She no longer wants to live in Georgia with her husband but live here in Ohio with me. Her husband is both mentally and verbally abusive. How can I legally protect her, I currently have POA.
I know this may be hard, but the first question I would ask is what does your mother want? with dementia there is a continuum of capacity. Early on a person can make her decisions, but later in the game she would be totally incapable. If your mother is in the early stages and she wants to move with you, she has every right to do so. But, if she is unable to make that decision, you may need additional help. If so, you may want to find qualified elder law or life care planning attorney in Georgia. you can look on AVVO, NAELA.org or LCPLFA.orgSee question
I am going to file a Disposition of Personal Property along with her Will and Death Certificate as soon as I receive any bills in the mail. Can I just put the car in my name and sell it before filing the Will. Thank you.
Because her only vehicle should be an exempt asset, you may be able to avoid the probate process and make the transfer directly through the Department of Motor Vehicles. You will need to bring the registration along with the will to your local DVM office. If they are not agreeable, you would need to do the transfer via the disposition without administration.See question
A friend lived many years in house owned by her grandmother. At gm's death a handwritten will was found leaving home to father of this friend until his death, whereupon ownership would then transfer to a grandson in perpetuity. This will was never...
I wish I could give more than the prior two attorneys, but it would require full review of all documents. However, handwritten wills that are not properly witnessed are called holographic wills and are not valid in Florida. Even so, your friend and her father would do well to gather all documentation they have and see an attorney quickly.See question
I have gotten mixed answers. Does a PR have to give the probate attorney representing the PR a copy of the final estate 1041. I have been told that the PR does not have to give the probate attorney a copy of the final 1041. I have been told thi...
Since the attorney represents the personal representative and has responsibility for the estate it only makes sense that one would have to provide it. Moreso, the thought of needing to hold back shouts of some unspoken issue between the attorney and personal representative.See question
My dad was a city official. There was money still left in his campaign account but the bank will not release it. Is there a way for someone to retrieve that money?
Before doing a probate I would want to know who is supposed to receive the proceeds of the account. It may have to be returned to the donors. I'd suggest you contact the division of Elections.See question