Archived
Can my mom do a living trust? What to do when assets are depleted? Can she get kicked out of the nursing home if we're out of $?
James's answer
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Answered on April 09, 2017
If you wish to consider some other law firms, you can find elder law attorneys through NAELA.org. Then check the individual attorneys' websites...
Can we save my grandmother home if she's in a nursing home under Medicaid/Medicare?
James's answer
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Answered on April 09, 2017
You will need the help of an elder law attorney in your grandmother's area who is experienced in long term care and Medicaid issues. You can find...
Archived
When a will is signed, unbiased witnesses should be present, if a witness is a relative to the notary, is the will valid?
James's answer
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Answered on April 09, 2017
If the witness is the relative of the attorney but not of the person signing the will, that witness is probably not improper. If the witness is a...
Can a person use general power of attorney to drain an elderly relative's bank accounts?
James's answer
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Answered on April 09, 2017
As a joint account holder on your mother's accounts, your sister did not need a POA to get into the bank accounts.
Nonetheless, the joint...
Archived
What rights does a power of attorney have?
James's answer
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Answered on April 09, 2017
Your question does not mention a Power of Attorney, but your "headline" does.
If you are your boyfriend's Health Care Agent via a Power of...
Archived
As Agent on my dad's DPOA am I within my rights to not to allow my brother access
James's answer
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Answered on April 09, 2017
You can hire an attorney (or retain the services of the attorney who prepared Dad's POA) to contact your brother about the apparently improper...
Is a person deemed incompetent because they have dementia and is in an assisted living facility & can they change their will?
James's answer
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Answered on April 09, 2017
Mr. Claytor and Mr. Steciuch are both correct in their descriptions that a dementia diagnosis and residence in assisted living do not automatically...
Archived
Can I file for custody of my niece.
James's answer
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Answered on April 09, 2017
Please contact a juvenile/family law attorney in the area where your niece lives. With your description of the situation, your niece needs someone...
Archived
How do I get guardianship of my nephew.
James's answer
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Answered on April 09, 2017
You may want to consider custody as an alternative to guardianship. If your nephew has significant assets of his own, a guardianship may be...
Archived
I want to get a legal guardianship of my 20yr old niece
James's answer
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Answered on April 09, 2017
Please retain a guardianship attorney in the area where your niece lives.
Also, if her parents or siblings do not agree that you should be...
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