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David L. Carrier
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David Carrier’s Answers

3,059 total


  • Can a guardian of an incapacitated person in Iowa assign temporary guardianship/medical POA to a relative in an emergency? How?

    My parents are long-time guardians (40+ years) of mentally handicapped uncle (71) who has speech impairment (but has been relatively self-care up until recently -- he can put on clothes, go the bathroom, eat and drink by himself, etc.) I have alw...

    David’s Answer

    To modify a court order, you have to go to court. That means you have to go back the probate court that issued the guardianship if you want it to be modified...

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  • Does filiary law extend to grandchildren in Pennsylvania?

    My wife and I have begun taking care of my grandmother after my grandfather passed away. All of their children have passed away and I am the only surviving grandchild. We will have power of attorney very shortly. Under Pennsylvania law, would m...

    David’s Answer

    It makes sense to me that as "attorney in fact" you must use the person's money for their benefit... I'm fine with that.... What seems like insanity to me is the requirement of filial support and while most states (I think) have laws similar to Pennsylvania, I'm not aware of any other state that actually enforces them... Yikes!

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  • Will my mother's gift to my brother's Special Needs Trust be considered "Exempted Assets" under Medi-Cal for long-term care?

    My 85-year-old widowed mother currently resides in her home, and supports my 52-year-old brother who is 100% disabled and receives SSDI. Is there any provision that would allow her to place assets in my brother's Special Needs Trust and then have ...

    David’s Answer

    Generally, transfers to a trust solely for the benefit of the disabled child are not going to be treated as divestment. Meaning it's OK! Probably. So get thee to an elder law attorney and make sure you do it right!

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  • Can I sue the State of Arkansas DHS ?

    They admitted to cancelling my Medicaid on April 11 2016 in error. I cannot get my anti-phycotic drugs or see a doctor. I have been getting the run-around for over 2 months. They keep telling me they are "working on it" and have sent the informa...

    David’s Answer

    Holding the DHS to account is very difficult if not pretty much impossible. Over the years, I've tried everything from appeals to lawsuits to streams of letters... if they don't feel like moving, they don't move and nowadays, the problem is often the over-computerization of the process where nothing can be done due to "glitches"... Very frustrating but there is not much accountability...

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  • What can I do

    My ex husband passed away , he was 64. I am 58. I would like to know, can I apply for his social security as a divorce surviving spouse now, being tht i'm on ssi/ ssd? We was married more then 10 yrs.

    David’s Answer

    I'm curious how you could have gotten the SSI/SSD without disclosing your eligibility for your ex-husband's benefits... Well, better late than never, so get to your local SS office and apply...

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  • My mother, who is soon to be 80, received a letter today stating her apt lease would not be renewed ?

    Mom has lived in this senior housing apt for two years. She has birds, which she moved in with and she feels this is why ? They did not offer her any reason as to why the lease would not be renewed and gave her less than thirty days to move ? What...

    David’s Answer

    There's no obligation to renew a lease. Maybe it's your mom's birds. Maybe they want to condominimize the building. Maybe there's a family on the waiting list. Maybe...

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  • How to get guardianship changed?

    My daughter gave voluntary guardianship to a family friend in another state, my daughter died several years ago. The guardian is very problematic, there's a pending divorce in the guardians home. Basically they are doing it solely for the money,...

    David’s Answer

    You will have to petition the probate court to modify the guardianship. You can do this yourself, but seriously, get a lawyer who has done this sort of thing before....

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  • What happens when the legal guardian of an adult with intellectual disability dies?

    The mother and legal guardian and conservator for her adult child with intellectual disabilities has died. His parents were divorced and the father was recently incarcerated. What will happen next?

    David’s Answer

    Adult Protective Services will probably file a petition for appointment of successor guardian, if no one else has done so yet...

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  • Can I get the guardianship my parents have over me removed?

    So my situation is a bit different. Back when I was 18 I was doing some pretty crazy things, and so my parents took guardianship over me to keep me safe, and I was put on medication to help me. I am now 22 years old and have a job and my license a...

    David’s Answer

    The probate court established the guardianship and it will be the probate court that terminates the guardianship. You must go to court to have that happen and demonstrate to the judge that you are not mentally challenged and should be fully in charge of your life...

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  • Can I find out exactly what my dad owned when he died?

    My dad recently died and did not have a will. He was not married but did have a live in girlfriend, she is saying that I get nothing and she gets everything and I'm his only heir! Is there a way to find out what exactly he possessed and if so how ...

    David’s Answer

    Q: Is there a way to find out what exactly he possessed and if so how do I go about getting my dad's stuff back?
    A: Depends on how the stuff was titled... if the girlfriend was joint owner on the stuff, now it's her stuff. If not titled jointly, then the girlfriend has no rights at all!
    You should talk with local counsel...

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