elder law, trust

Can a successor trustee who had his sick incompetent elder mother in the hospital sign a paper for him to be successor trustee and after he became successor trustee although he has 4 siblings can he legally sign his mother's house to himself while his mother is sick in the hospital and incompetent and he has 4 siblings. his mother also had a conservator of her person

the estate was to be protected by the trust.

Fraud and Elder Abuse.

I'm a Senior Citizen, and my son, had my power of attorney. My son transferred 2 properties I owned to himself. He forged my signature during the transfer and used the money to buy another property in his name alone and taking the proceeeds in his name alone. He did all this without my knowledge and consent. To avoid severe disruption in my family,I then asked him to transfer the new property to me,which he did. Loan is still in my son's name and he lives in the property. Hee pays the mortgage, which is less than the fair rental value. At a court proceedings, it was agreed that he should move in 30 days (11-30-07), but we both reserved the right to sue. At a latter meeting with my son and his attorney claimed that he had a partnership interest in the property and demanded a payment of $58,000 for moneys he claimed to have spent on the property. Is there some way that I can have a speedy trial a speedy trial and expose this fraud? The favor of a prompt response will be much appreciated.

planning for mental incompetance

How do we set up our affairs so that our estate is managed when we become incompetant?

Power of Attorney

I have power of attorney fora Cousin who lives in IL,I live in Wi.his Lawyer told me,when he dies all his Assets will be frozen,but he wants his fee up frontI will have to pay him out my Pocketuntil his Estate is settled,then I will get my Money back,what if there is no Money left,he is in a Nursing Home now,his Money is in his Name exept the Checking Acct,it is in his and mine,I am worried about this,can I open a Acct only in my Name so there is Money avaiable to Pay his Bills until his Estate is Settled??If he lives 4 Years all his Cash will be used up by the Nursing Home,What is the best way in this matter

Thank You

Abuse of power: power of attorney

Brother and sister have equal power of attorney for ''mom''. The sister is opening credit, phone, cable, bank loans without ''moms'' knowledge or mine. Spending and overdrawing ''moms'' account. What can I do to stop her?

Senior Planning

As a widow can I put my house in my daughter's name (with mine) without causing her extra tax etc. in the present time?

Power of Attorney

If I have irrevocable POA for my mother with dementia. What type of coordination should I expect from her attorney (who prepared the IPOA) when a request comes directly from my mother. Do they need to contact or include me in discussions? Are they prohibited from informing me? Can they take action without my signature or knowledge?

Thanks

Laws to protect the elderly

A friend has a elderly Granmother & one of her daughters(J) has POA of her (everything) she is wealthy. (J) has spent alot of money & now owns homes,boats,jetski's,atv,golf carts,full access to banks & have moved accounts,used credit cards,and also pays herself a salary to take care of her but does not the other two sisters have to fully take care of her & stay w/ her she has alzheimers & falls etc.What legal rights do the other family members have to stop (J) from taking everything? The other 2 sisters are not wealthy but love their mother very much & take care of her. help what can they do?

Rights

1. Can a guardianship be established without having alzheimers(67 fm has dementia, but can function w/ assistance ok.......

2. What can be done to refuse being put in an alf (family wants elder in, elder wants to live at home with male companion

mother and stepfather moving in with us

My mother and stepfather who is suffering from Alzheimers want to move in with us. We have heard that since he is not a relative we could be sued by his children if anything should happen to him.

Could we be liable and what should we do?

Validity of Attaching Pension for nursing home...

My mom is in a nursing home against her will (a contested Dept of Family Svcs matter) and the nursing home is trying to attach her pension for it's care as she's been there past Medicare appropriate timelines. Is the jurisdiction to determine this appropriate in either Family Court or Guardianship Court, or both? Is it based upon the state she lives in--or is the determination consistent nationwide? (She's in Florida).

guardianship

how do i file a notice of appeal?

and

how do I file a motion for say pending appeal?

Power of Attorney Etc.

My Great Aunt is the last surviving member of her generation of family. She was never married and had no kids. She never wrote a will or gave anyone power of attorney. She was found last night on the floor and is now in a coma. Who is going to be able to make the medical decisions that no doubtedly will need to be made? Will anyone be able to gain access to her finances to ensure that her necessities are paid for? If needed, burial decisions?

Power of Attorney/Guardianship

I have a durable Power of Attorney for my father, who is 78 yrs old. I have never had to use it except to help him with his banking recently. It also gives me power to assume guardianship if he becomes incompetent. He has fallen numerous times, including once into the pool right in front of me (I just spent a week with him), injuring his arm, and has lost 70 pounds and four inches in height. His neighbors contacted me because they were alarmed at his appearance. He is forgetful and easily overwhelmed, but not what you would call completely incompetent. He says he doesn't need a ''babysitter''. I want him to move to a place near me where I can take care of him. (I live in Kentucky, he is in Florida.) What are my options?

law

what does ACDA mean?

Real Property

My grandmother has two children my aunt and my farther, my farther died some time ago. Does that make my aunt the only heir to my grandmothers property or does my fathers children have any right to her property.

Need help with Guardianship Proceedings

My brother took control of my mother's money in 2003. My brother got power of attorney for my mother in 2005. I believe and know he has been misusing her money by giving his wife an extraordinary amount of money to be my mother's companion. I put a stop to that. Now my brother has filed for guardianship. My question is: The court evaluator came and visited my mother and saw that she was competent. He was not sure about her handling her money since she didn't know how much money she had in the bank, but that is only because my brother has hidden her bank statements from her. The court date for guardianship is coming up, and I would like to know can the court appoint a third party for be her financial guardian even though I am more then willing and able to do it. I understand that a third party costs money and my mother does own a house and has about $70,000 in the bank. I don't believe a third party should be appointed her financial guardian, but do I have any say over that.

Can my mother request that I be appointed her financial guardian as she is willing to do that and trusts me to do that or can the court just appoint a third person and make my mother pay for it from her money. Doesn't seem fair or right.

Any advise?

Medicaid Estate Recovery

My husband and I have owned a 2-family home with my parents for the past 20 years. My dad has recently been diagnosed with cancer and is concerned with the possibility of his needing to go into a facility/nursing home sometime in the future. When it comes to Medicaid Estate Recovery, can they take claim to our home of which my husband and I own one-half of and my parents own the other half?

my father 84 yrs old

my father in law is 84yrs. and has just married a lady 20 yrs younger.

She has taken him and had him change his living trust. He does not remember the things he does.

the family thinks she is doing this to get his money when he dies. what can we do?

Fee for Service

My mother is in a nursing home. I am in charge of her finances, which is time-consuming. My sister has medical POA and has had to spend a lot of time dealing with issues of my mother's care. Are there any guidelines as to what the standard fee would be for these services?