Negligence / Death / Sr. Housing Facility

Hi,

My mom (63) lived alone in a low-income senior housing facility. In 7/07, my sister received a call from the manager asking if she had a key to my mom's apartment. My sister left a voicemail explaining that she did not, and asked for clarification on the call. The manager did not return this or any other calls.

After not hearing back from the building manager for two days, my sister visited my mom's apartment. She found her car in her space, newspapers piled up at her door, and heard her dog inside (obvious signs that something was wrong). She met with neighbors who had reported a possible problem to the mgr earlier in the week. The maintenance man told her that they'd tried to enter the apartment but were unsuccessful (they lost their own key). The mgr failed to inform us of any of this or return our calls. Instead, the onsite manager left town for the weekend.

The police broke down the door and, sadly, found our mother's decomposed body. Evidence suggests that she had been dead for at least 4 days. The coroner advised that viewing our mother would have long lasting psychological damage, so we laid her to rest sight unseen.

What can we do to hold mgr responsible for her negligence?

Thank you.

Elder Law-Life Estate Deed

My mother in law would like her property transfered to her 3 children with a life estate in her name. We are in the state of MA so the property must be transferred at least 3 years prior to any medicaid claim to avoid a lien. I have read conflicting information regarding life estate deeds and medicaid. If the property is put in a life estate and the three years pass before medicaid is needed, will medicaid still have claim on the property? Also, can a homestead be put on the property to further protect it? If so, should the 1a form (62 and older) be used in conjunction with the life estate deed? I'm a paralegal in real estate and personal injury, so i can prepare the deed for her, but I'm not familiar with elder law. Advice is appreciated. Thank you!

conservertorship

my mother lives & has joint acct with my 85 yr old mother and he using her monies and says he's going to file for guardianship

what can i do to stop this

Mother needs 24 hour care

My mother is in the late stages of dementia and needs 24 hour care. My 57 year old sister and her 18 year old son have lived with her for 15 years. My sister goes to work every day and claims my nephew takes care of her during the day, which I find hard to believe. He doesn't work, dropped out of school at 16, and my observation is that he sleeps until 3 o'clock. I am getting resistance from my sister regarding putting my mother in a nursing home since my sister would prefer my mother's house be given to her through a deed transferral. What do I have to do to get my mother in a nursing home and use her house as collateral as well as get my sister and nephew out of the house? I'm concerned that my sister will try to keep me from my mother once I do anything.

Alzheimers and POA

My mom has alzheimers and although i have a health care proxy for her i don't have a power of attorney. Recently my dad said he should transfer the condo to me (they both have medicare and masshealth and my mom just went in a nursing home 7 months ago)... can he do this if they jointly own the condo? He read that the condo can be transferred to me without penalty cause i was taking care of my mom for over 2 years before she went into the home.

Also, how do i get power of attorney for someone who is always competent to sign something like that? Is it too late to do that? Are there any other options?

elder abuse

what agencies investigate in home 'HOME HEALTH AGENCY'. its paid under medicare part 'B' program.

thank you

medicare

i need information on a medicare agency called 'quality of care' i want to report a 'HOME HEALTH AGENCY' that violates every health care rule imaginable.

home health agencies, california

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power of attorney

when I was sick with bipolor disorder my wife took me to sign a supposedly medical power of attorney.

I am much better now and am finding out that it was complete power of attorney. She took all my money for?m ira account and bank account. Do I have any recourse in this situation

Rogers Guardianship in MA.

My father is in a nursing home. He has been declared incompetent by his medical doctor. My father has always claimed that he had a legal will, power of attorney, and a healthcare proxy. However, the only legal document that he has is a legal will. The nursing home staff are recommending that we obtain a Rogers Guardianship for him. What is the process of doing this and the typical cost ?

Nursing Homes and Property, Texas

Our home is in my name as well as my mother. We reside in Arkansas on the border of Texas. She may have to enter an assisted living or nursing home. What happens with our home. She does not have enough income to pay all the costs for physical and medical help.

Adult Protective Services Riverside County

How long can APS keep a case open and prevent an incompacitated pt from returning to family? The worker is not returning phone calls; nsg home is starving pt.; they will not release her pending phone call from worker. What should I do? No court action of any kind for 10.5 months.

fiduciary responsibility

How can my husband and I absolve ourselves of fiduciary responsibility for his demented mother who is running up credit card bills. She was able to sue us for the return of an old house we saved from foreclosure for her and states that my husband owes her for raising him. We live in California and know that the state is legally able to recoup medical bills and care costs from adult children. (It happened to my father in the case of his alcoholic mother.) We only want her to leave us alone for the rest of her natural life! Is there any help out there for us? Her financials show that she is worth 10 times more that we are but is running through it fast! No way to get her conserved - the other sibling does not want to make waves.

power of attorney with disability planning

My 83 year old mother has a ''power of attorney with disability planning'' saying in the event of her disability or incomentency she lists me as her agent and attorney-in-fact which she drafted in 2002.

Her health is going downhill.What kind of power of attorney should I have in order to pay her bills from her checking account & deal with all of her other companies she deals with?

Terminally Ill Elderly Father Being Manipulated

My father is terminally ill with a slow-moving illness. As the illness has progressed, my father has become, I believe, clinically depressed. He has been hitting himself in the head, crying, screaming, acting irrationally, etc. I am very worried about him, esp. because he refuses to let me help him. In addition to all of this, his best friend has moved in to ''take care of him'' & she has been psychologically abusive of him. She has done everything she can to alienate his family from him, so that he has no 1 to depend on but her. She is very controling & the family is worried that she may not be acting in his best interest. Is there anything that I can do as his only child? My father is not senile, just depressed. We are worried that he is making poor decisions. I think he feels blackmailed in a way... he has told me on several occassions that he doesn't agree with something that she has done, but that he can't say anything because if he does, she'll leave & no one will take care of him. That's not true; his family is willing to take care of him. He has no Health Care Proxy, burial plans or will this far and refuses to discuss anything. Do I have any legal rights so I can protect him from being manipulated? Help!

guardianship or conservator of elderly parent

In Texas, what steps mustbe done to establish quardianship of parent

probate

My elderly father died intestate. His only estate was a $25,000 bank account for which my mother was beneficiary. He rented a trailer. Do the contents of the trailer have to be kept intact pending probate? Or must this estate even be probated?

incompetence

Can a son have his father declared incompetent?

If so, what steps must be taken?

Need deceased father's medical records

My father died last week at his nursing home. My sister requested his medical records so we can work on family medical history. The nursing home says they can only give the medical records to a Power of Attorney. What do you suggest we do? Can we still obtain a Power of Attorney? If so, how do we do that? Thanks for your help!

transferring property to spuse in cal

if community property and goes in wfe name i'm told she gets step up basis but may have medi-cal recovery,if gets separate property no step up basis but tax consequentecesnof about25% when does tax have to be paid and can it be elimitated?