My father and I are caregivers for my mother who has Alzheimer's. They both want me to be their durable power of attorney. Do I need to do separate papers for each of them? Is it as easy as printing them out from online and have them notarized?
Many times each year I am involved in trying to repair problems created by people printing out legal documents from the internet. There is a reason lawyers have to spend three years in law school. And there is a reason a highly competent criminal defense attorney ought to send his aging mother to a highly competent Elder Law attorney for advice on Medicaid planning. Your parents do need appropriate estate plans, if possible. An attorney would need to determine if mother is capable of executing an estate plan. If not, then the only option might be resorting to a guardianship. The cost of a consultation with an experienced local Elder Law attorney will likely be well worth the investment.See question
My dad has passed away my mom is in her 80s and does not drive. she would like to sell her home that's worth around 150,000 and put it on my home. However I do not want her to do that if she is going to lose any benefits. She does not have much m...
The best thing you and mother can do is invest in a consultation with an experienced local Elder Law attorney. The attorney should be able to determine what benefits mother is currently receiving, how those would be impacted by any transaction to sell or retile the property and also help you with the goal of freeing up funds to provide best for mother. Every case is different and certain facts, such as mother possibly being able to access Veterans benefits under Aid & Attendance, can change the entire complexion of the case. It is good that you see a problem lurking out there and want to plan around it. Now the best thing is to get into a detailed discussion with a local attorney who handles these issues every day and can help guide you towards the best plan for your mother's situation.See question
I am my moms legal guardian and she was moved to another facility without my consent or being notified. I did ask for her to be moved BUT they were supposed to tell me which facility so I could visit it and accept or decline. The week before she w...
What you are looking for is an injury attorney who focuses on nursing home cases and that's going to be a more limited group of firms so you might have to look a little longer/harder to find someone. I agree with the other response in that the first big question with any claim against a medical facility is going to center on the damages because suing a facility is complicated AND expensive. That greatly reduces the viability of suits. Perhaps there are other facts you haven't stated in your question and which would give a claim a greater potential for success.See question
I have a lawyer that represents me on my Social Security case. The lawyer I have is not local, and I need a lawyer that is local. How can I get rid of the lawyer I have now, and get my case rolling?
Terminating the current representation is simply a matter of notifying the lawyer you wish to change attorneys. The more complicated issue is likely to be seeing if the current lawyer will waive the right to charge a fee. If not, then any new attorney you retain is going to have to file a fee petition to get paid. That could potentially cause some attorneys to pass on representing you, since there is little certainty about the amount of the attorney fee and the petition process usually drags out and delays getting paid if the claim is successful. Again, you will probably find someone willing to take on the representation if you have a strong claim, but it will most likely add some complication and you certainly want to make any change well in advance of a hearing or other critical point in the case. You can use the "find a lawyer" tab here on Avvo to find a local Social Security attorney.See question
Father recently passed away due to cancer. mom finally decided she can't live alone and has moved in with us. she does not have much money in the bank and her home is worth under 200,000. She wants to sell her home and put all the money on my hom...
Medicare and Social Security retirement are not means-tested benefits, so selling the home would not impact those benefits. Supplemental Security Income (SSI) and Medicaid are the programs you would want to watch out for. It would be a great idea to consult with an experienced local Elder Law attorney for guidance on the best way to handle this transaction so that whatever mother does will created limited, if any, interference with the benefits she currently has and with her potential eligibility for assistance with paying for care in the future. You can use the "find a lawyer" tab here on Avvo to identify local Elder Law attorneys.See question
My mother owns a single family house in Fairfax County, VA. My father is deceased; however the house is still titled in both their names. They paid approximately $25K for the property; it is currently worth approximately $430K. My mother is eld...
If the primary concern is the possible future implications for qualifying for assistance with paying for skilled nursing or assisted living care within the next five years, then you should consult an experienced local Elder Law attorney and, as was stated in the prior response, there are real estate and tax concerns that also need discussion. Make sure whatever attorney you consult, is aware of the reasons for the transfer, since this may not be as simple as drafting a deed.See question
My sister died she has a will and i believe her husband has control over her will and we feel her husband might be dishonest or unfair when it comes to her will .. do her adult children have the right to see whats in her will?
IF an estate was opened, you should be able to review any filings. I assume that hasn't happened based on the facts in your question. It is not uncommon for a spouse to inherit or maybe even all of the estate. Much would depend on how assets were titled. I'd suggest consulting an experienced local probate attorney to determine what, if anything, you inherit and to check into what has/has not been done. You can use the "find a lawyer" tab here on Avvo to search for a probate attorney.See question
My wife's ex-husband was approved for disability recently. They have one child together ( our oldest son). And the SSA office told us we would get a monthly check for their child since his father was approved. We will also be receiving a back pay ...
Accounting using a pro-rata share of household expenses would be appropriate. Here's a link to FAQ on serving as the Rep Payee: https://www.ssa.gov/payee/faqrep.htmSee question
MY DAUGHTERS DOCTORS OFFICE GAVE HER HEALTH INFO. OVER THE PHONE TO AN AGENCY WITHOUT TALKING TO HER
You can report the violation to the government, which is the only entity that can sue or fine the provider. Here's a link for making a complaint: https://www.hhs.gov/hipaa/filing-a-complaint/index.html There are no private causes of action for HIPAA violations. You might consult a local torts/injury attorney to see if there are other state-based causes of action, but those typically aren't worthwhile absent significant damages.See question
I took care of my mother and my stepfather and they both passed and my stepfather had a settlement can I inherit the settlement he have no one left in his family but me
Stepchildren typically don't inherit unless there is a Will giving you a share of the estate. Perhaps you have some kind of claim against the estate, but that's not apparent based on the facts you've stated here. A consultation with an experienced local probate attorney would give you an idea of what, if anything, you inherit and how their affairs should be wrapped up. You can use the find a lawyer tab here on Avvo to find a probate attorney.See question