Guardianship Questions

I am the sole guardian of my mother for her person and a co-guardian for her finances and property. The two problems I am having is my brother comes to visit my mother (which it says he can in the settlement papers) but his behavior is very disruptive and on two occasions the police were called and they had to escort him out of the house. Do I go back to the Judge and have him talk to my brother because my brother is not listening to me. Right now I refuse to let my brother in the house anymore because of his behavior.

My second problem is the co-guardian. She is not even letting my mother give Christmas gifts. I told her that my mother wants to give money (maybe $25-50.00) a person, but she told me it would be better if my mother gave actual gifts. The co-guardian is holding the checks and we both have to sign them. She has taken complete control and she makes all the rules. I am the daughter and c0-guardian but you would never know it from her. I believe the settltement papers said ''least restrictive form of guardianship'' but the co-guardian is giving my mother no rights. She won't allow any money to be spent on my mother's care. Do I file a motion to go back to court? Please advise

Thanks!

elder, estate law

My husbands father recently passed away while in a nursing home. There is approx a $10,000 balance left after his spend down from the sale of his home and medicaid. The nursing home is saying that my husband is responsible for the balance since he signed the paperwork when his father was admitted as his Power of Attorney. His father suffered from dementia. Can they hold my husband responsible for his father debts?

Will & Beneficiary on Accounts

My brother made a will aproximately 30 years ago. Through out the years we had 3 brief discussions where he told me I would be the sole beneficiary. I am the only member of the family that is left and my brother never married.

This past year he found out he had a terminal illness. He is now in state 4 of the illness. Since he was diagnosed as terminal, a friend of his became his shadow. When my brother was in the hospital, he took truck loads of goods out of the house. This person has tried to cut out the family in every way and told me I could not stop him. My brother is very influenced by this person.

I have reason to believe he was instrumental in getting my brother to make him beneficiary on several large accounts about 14 days ago. However, about 5 days ago, my brother updated his will and gave me Power of Attorney when he becomes incapacitated. He said I am the sole beneficiary of his will.

My question is if in the will I am the sole beneficiary, does the will then take precidence over the beneficiary named on his accounts or are the accounts paid out according to the beneficiary listed on the account and the will handles everything else?

Elder abuse/intimidation

My father is 89 y/o. He married my mother when my older sister was 7 y/o. (40+ years ago) My husband and I care for my elderly father every day. We have moved him into our home. My half sister is a very short tempered person, and used yelling and threats to get what she wants. She has taken over his bank accounts by forcing him to put her name on them. She does nothing at all for his care, but is refusing to provide my husband and I (and my father) any money at all. She is 4 months behind on paying all of his bills. He is frightened of her and will not ask for his banking items back. He is still of sound mind, but becomes very fearful of her because she will become very verbally abusive to him. Do I have any legal right since He is in my home, and I am providing 100% care for him?

elderlaw

how do I get conservatorship of my father.I was told that it is hard to get when wife would fight.I am considering this course since my father has been brought to hospital 3 times this year because his wife refuses to bring him to hospital until her brother sees it and makes her. She has had previous visits from police and Adult protective services.She has also convinced him to put her name on Title Deed of his house he had before they were married.

financial incompetence

My divorced parents have an

irrevocable life estate on several

hundred acres of farm property for

which they each get a lump sum

twice a year. My mother manages to

live within her means with no

problem, but my dad spends his lump

sum within 1-2 months and comes

to each kid begging for money. We

know that he gambles and drinks and

will never be honest when we ask

him to disclose where his finances

are spent. What can we do?

Second party trust and will defendants responsibility for damages

If a plaintiff wins a disputed Will change due to incompetence of an elderly persons, and undue influence of the primary defendant, is the second defendant named in the improper will change responsible for damages to the plaintiffs?

Power of attoutney

what rights does my brother have after giving financial and health care power of attourney to his son.

can he live where he wants? does he have to stay in a nursing home or the appartment his son wants to put him in to?

Civil Suit Case

Can I file a cross-complaint on the

plaintiff for perjury and can I bring a

third party into this for persuading the

plaintiff to lie about the chain of events.

If so are there codes I can use to back

this up?

durable power of attorney

I have durable power of attorney and a cousin has it in the event that I am no longer able to do this. She thinks we have it together and if I don't make a call about something she can....I don't think this is true.

POA person with Dementia finaincial issues

My Grandma dx with dementia 5 years ago never made a POA. Now that she has deterirated mentally she lives w/ one daughter(JC). Her other daughter (JL) has handled her financial matters for 23 years. The daughter she lives has continually financial disasters, and has recieved thousands of dollars over the past few years to bail her out. Now she wants to handle Grandmas financial matters. Shehad Grandma sign a DPOA and wants to take the check book in Grandmas and JL name and have indiscriminate access to Grandmas funds(she has 4k of her money on hand but wants the entire ''stash'')... Is there any way to force accountability or keep financial matters in JL hands. One fear has been if funds are squandered with out documented costs that when Grandma--name removed--condition requires a LTC that the money will not be there.

power of attorney

can a power of attorney take over someones estate

adoption of a teenage mexican national

can I legally adopt two brothers so they can obtain california drivers licences? The local police do not recognize mexican licences,I am a senior citizen who is losing the skill to drive safely.

Guardianship issues for a parent who refuses care and services

My father is 85 years old and lives in New York City by himself. I live out of state about 6 hours away but have 4 siblings in the NY area. My father has refused to go to any doctors to have his mental status evaluated. There have been many incidents over the last several months involving fantasies and delusions of his where he imagines things happening that are not based in reality. This has resulted in him putting himself into unsafe situations. My siblings want to apply for guardianship over his financial and medical affairs. What kinds of evidence will we have to put together to make a case for guardianship?

Guardianship

I was appointed co-guardian for my mother's personal needs, and co-guardian for her property and finances. My mother needs alot of care and my sister and myself have been caring for her since my brother and his wife no longer care for her since he lost guardianship. My question is: How do I get the money allocated for her care? The co-guardian is telling me that my sister and myself cannot get paid. This does not make sense. My mother needs 24 hour care. The other siblings will NOT help at all.

Why is it assumed that we can afford to not hold regular jobs and should do this for free. It just doesn't make sense. Do I need to get the Judge's permission? Should I put in a Motion to appear before the Judge to get this approved, If I would hire someone on the outside it would be very expense compared to what we are asking for. Please advise me on what I need to do and who I should talk to. I already talked to the co-guardian and she says ''That's just the way it is'' ''Daughters are not permitted to get paid for mother's care''.

Thank you for your help and advise.

Question re guardianship

I was wondering who pays the Court Examiner in a guardianship case. I know the guardian gets a fee, but does the Court Examiner also get paid a fee from the incapacitated person's money.

I have another question: What happens when the money runs out? Will the guardian or co-guardian file an application to withdraw as guardian since there is no money for her to be paid?

Thank you.

financial abuse

if my 88 year old aunt allows me to be an authorixzed user on her credit card accounts and they have my social securtiy number and it is reported to the credit bueru is that considered alder abuse or fininacial fraud? Oh by the way payments are made every month.

misuse of funds

what type of criminal case would we have against someone, a niece which was a care giver and handled the fininaces of my 86 year aunt and was given premission to write checks and use the credit cards as an authorized person with her ssn listed on the accounts be given. The total in credit card bills is about 10,000 in which she has been paying each and every month.

Income-Only Trusts

Should a never-married, childless, elderly pensioner with a liquid estate of $150k, transfer her $125k home to an income-only trust for Medicaid purposes?

elder marriage and insurance benefits

I am 71 year old widow (marriage lasted 31 years) and would like to spend the rest of my life with a 76 year old widower. If I remarry, I will lose the Medicare Suppliment which has saved my neck since I've been in the hosp. a few times since my husband died. We both live in Texas. What do we do? We do not want to live in sin. We would like to be able to exchange rings and feel married without effecting my existing SS income or my Medicare Suppliment.