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What are my demented grandma's legal rights if she goes into a care center while still married to her husband?
Kelly's answer
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Answered on February 11, 2014
Even if they weren't speaking so kindly of my abilities, Larry and Tate are giving you good advice about your grandmother and the prenuptial....
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Archived
I have an elderly mother remarried 5 years ago, she is 80% blind, 80% deaf with dementia. Her husband won't pay for care center?
Kelly's answer
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Answered on February 11, 2014
From the limited facts you provide, it appears that Medicaid may become a factor in providing for your mother's care in the future. That is a very...
Archived
My mom needs to go to an assisted living home and sell her residence, what are the tax penalties?
Kelly's answer
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Answered on February 11, 2014
Your mother's situation is already more complicated than you may think. While there may not be any federal capital gains tax issues to worry about,...
Archived
Can I, have the court set up a retirement annuity from the estate?
Kelly's answer
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Answered on February 10, 2014
I have to agree with Larry. If the bank, the GAL and the guardian all feel that they can't pay you to serve as caregiver, then you will have a hard...
Archived
What is best way to find out if an elderly resident of Pennsylvania has a poa established for financial and medical?
Kelly's answer
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Answered on February 10, 2014
At this point it appears that if there is a POA in place, it isn't working out. There are limited options available. Report the matter to Adult...
Archived
Does spousal refusal to pay cease upon death?
Kelly's answer
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Answered on February 10, 2014
If you don't trust what the elder law attorney who is handling the case is telling you, then get another elder law attorney, but you should rely...
Archived
Elderly Grandparents Neglect
Kelly's answer
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Answered on February 10, 2014
When I read that your grandmother's health is deteriorating and that she is not receiving the care she needs, my immediate thought was that you...
Archived
If a defendant is not given a copy of the amended information at arraignment and pleads not guilty is this reversible error?
Kelly's answer
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Answered on February 06, 2014
This isn't a "gotcha" moment that will let him walk. Your friend doesn't have a right to "refuse the hearing" and even if he was successful in...
Archived
What do I do?
Kelly's answer
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Answered on February 06, 2014
While the terms of an irrevocable trust can be modified, it isn't that easy. It would likely have required court action and you should have been...
Archived
Do powder of attorneys need to be recorded?
Kelly's answer
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Answered on February 05, 2014
I agree with Larry. We don't routinely record POAs unless we have a need such as when we use the POA to show the attorney-in-fact has authority to...