Power of Attorney - Sibling Issues

My father is in the early/mid stages

of dementia and had previously listed

both me and my sister as durable

Power of Attorney. Not as partners

but if I am unable or unwilling to

perform then she would step in.

Unfortunately, due to a 3 y/o

personal rift between us (we are

estranged), she will not sign the

document as she feels in doing so

she will have no legal recourse if she

feels I mismanage things.

I have yet to need the document but

see the time coming very soon. Is

the document still legal if her name is

on it but she has not signed it?

Also, to what extent am I obligated

to share my decisions as Power of

Attorney with other family members?

Although I have managed my

father's affairs scrupulously in the

past, where money is involved I

know her ''emotions'' may get out of

hand. Am I obligated to respond to

any accusations that have no basis?

I am Power of Attorney for both of

my parents as they trust me

implicitly. Unfortunately these are

large estates and I need advice on

how to protect myself if things get

ugly. I'm hoping I am not obligated

to hire lawyers if my siblings question

every move I make!

transfer of property

My Father is elderly and disabled and I am his 48 year old son and am on social security disability myself but have lived with him in his home for several years and have taken care of him during his illnesses. He never transferrred his home to me for lack of knowledge of Medicaid law and I am worried about Medicaid should he ever reach a point where I can't handle him any longer and have to put him into a nursing home. He has a large ranch style home and he was unable to get around there any longer, using only a portion of the house, so we moved to a small condo where everything is conveniently within a few feet for him and he is selling the house. Is there any way to protect the proceeds of the house from Medicaid as he would obviously want that money to go to me?

Legal Obligation to Care for Eldery Parent

Is there a California law stating you must care for an elderly parent who is not under conservatorship? I say no, my friend says an attorney told him yes.

Power of attorney and return finances back to my mother

My sister has power of attorney for my mom. Sister has placed mom in nursing home. Sister has control of her finances. My mom wants out of nursing home and return to her own home.

How do I go about getting control of my mother finances back to her? I was told I can change power of attorney, but do not know procedure for regaining control of her finances for her.

Mom and sister live in one state and I live in another.

debt protection

My grandfather had a stroke, and my grandmother has middle stage Alzheimer's disease. My mother is one of two primary caregivers (her sister, Sally is the other). My grandparents explicitly asked my mother to handle their finances as they could not trust Sally after Sally had years of financial problems. As my grandmother's mental condition recently worsened, Sally took over my grandparents' finances behind my grandmother's and mother's backs. (Since Sally has been allowed to live on my grandparents' property for years, she has 24 hour access to the checkbook.) My grandparents do not understand the need to give power of attorney to someone. Aside from the concern about covering costs for my grandparents' care, my mother is concerned about being liable for any debt if Sally misuses my grandparents' money as my mother's name is still on the checking and savings accounts (along with Sally's). The checking balance is quickly dwindling from frivolous purchases. How can my mother protect herself if her name is still on everything, yet has no control over the money/credit decisions?

can elder abuse case be opened after death

My grandmother's suffered from

demetia and an unrelated person

who had POA admitted her to a

nursing home and sold her home and

possessions. She told estate sale

company that there was no living

family. About a year later Grandma

died and caregiver produced a will

with her as sole benefactor. In

addition to ww2 artifacts belonging to

my deceased grandfather there were

antiques and a house worth at least

200 thousand dollars but in Probate

this person is now claiming there is

no money. Is there any one to

contact that will investigate this

abuse that occurred before and after

death. Should it be local police or

specialized agency?

Elderly custody

I need to take guardianship over my sister. Her niece is now the legal guardian. Gloria has some dimentia, but definitely knows my wife and I and wants us to be her guardians. She does not know her niece. Can my sister, Gloria, simply sign us as her new guardians w/o the courts?

new wife abusing,neglecting my father in law

My 71 yr old father-in-law has been in and out of the hospital and nursing home several times in the past 2 years. Secretly married a 52 year old woman last August,who, when Dad was at home, was buying him alcohol, never fed him, never took critical meds and never assisted him to the bathroom to bathe. Dad fell and was found by paramedics lying in his own urine and feces while wife was nowhere.

We reported the matter to the APS, said they could not do anything unless Dad is diagnosed as mentally incompetent. Same answers gotten from social workers at hospitals/nursing home. Dad has been alcoholic for 25 plus years but seems to be alert and oriented when not drinking. We just found out yesterday that she has been forging Dad's checks and using a supposedly lost credit card to it's max balance on a daily basis. The house they live in is a mess with no heat, no safe place for Dad to walk using his walker.

Who will declare Dad incompetent ?

Does the wife automatically gets guardianship of everything even if we have a criminal case against her? The sons want guardianship of person and estate before it's too late. The worst thing is Dad does not realize he is being exploited by his new wife with criminal recod in the past.

Nursing Home bill

Do I have to pay for a nursing home

bill I did not sign to pay for my mother? I only sign as the sponser.

My mother has a house with a large mortage on it.

nursinghome financing for a parent

do I have to sign over their home if it is willed to their only son

my fathers old debt

Some years ago my parents had a credit card debt. While caring for them I paid all but the last $1500 or so. They eventually both had to be placed in a nursing home. We sold what few assets they had left to pay medical bills, the medicaid spend down and all that was required. However, the credit card debt remained. Under advice of my parents lawyer (since passed away), Dad wrote a letter to the credit card company explaining the circumstances, small remaining debt, no assets left, no income, etc. The credit card company replied a letter stating that under the circumstances they were forgiving (writing off?) the remaining balance. However, now three years later my father has begun to get calls from someone looking to collect on this balance, saying that with late fees and interest the balance is now $10,000+. I told Dad to have them call me as I am POA, but they have apparently refused and call him a couple times a week. Dad is, of course, rather upset and his health is declining. Any advice on how I can resolve this?? Should I try to contact the original credit card company, I do not really know who is calling Dad.

applying for medicaid

what is a millers trust - can one purchase a millers trust with money that you have to spend down

house

My parents house has been left to both my sister and myself . I have been here for over 4 months taking care of my parents until their death.

My sister is the executor of the will can she make me move out of the house?

long term care

how do we put our house into a trust, so that if we ever became ill, the state wouldnt take it, and leave our kids with nothing?

Adult protection services

My mother lived by herself awhile ago.. she had a circumstance that lead her to call 911.. adult protective services got involved.. they in turn took her SS check and refuse to sign it back to her. She has lived with my husband and I for approx 4 months now.. we went to the SS admin and they had to talk to APS . it came back as no deal. Do I have to get a Durable POA effective Immediately? I live In Ny.. she is of sound mind and body having a letter presented by her Primary Dr. Help Please.. ty

Irrevocable Prepaid Funeral Trust

I just became the guardian of my mother; part of the guardianship commission requirements state that I need to establish a Irrevocable Prepaid Funeral Trust. What exactly is an Irrevocable Prepaid Funeral Trust and how does one go about establishing one. How much do they cost, or how much should one establish the trust with? Are there any pitfalls or things to watch out for when establishing such a trust? My mother who is 79 is receiving Social Security Survivors benefits, is in a nursing home paid by Medicaid. Thank you for your help.

property and assets

what happens if your name is not on the deed to a home or attached to your husbands assets and he needs long term nursing care ie: hospital, nursing home?

spouse abuse

I have a brother inlaw which has ALS he cannot walk and needs attention his wife has no time for him she does not feed him and won't pay for home health care, he has just had knee surgery and cant' get around anyway if there was a fire in his house he would die. His wife is only looking out for her self and is conning him out of his money which he should use to take care of himself. she will not let any of his family visit him or his priest for they would see how he lives. She hasnt vaccumed in 14 years in one room of the house were she got dust might bites all over her arms this is not healthy.

Who can we get hold of to turn her in for neglect and abuse of an adult?

Overturning POA for Disabled Parent

My mother is 85 years old and in poor health. She has some dementia and did chose my older sister has her POA a few years ago. As part of this selection, it was understood that my mother would always remain in her home until her death. She would gave 24 hour care with a caregiver (which she has). However, my sister has gone through the trouble to have my mother declared incompetent and is calling various nursing homes in the area. I am worried that she will place her into a nursing home despite the objections of the rest of her family. What can I do to prevent this? Can I petition to have her POA reassigned? How would I do this?