Elder Law Question

If Child A has power of attorney over an elderly parent and doesnt want to put the parent in a nursing home; but child B, C, and D want to put her in a home due to the parent having medical isssues that need constent attention (Alzhiemers Disease) what power do the 3 children have over the one with power of attorney?

Durable Power of Attorney

my uncle resides in a nursing home in Texas. he has expressive aphasia. He has appointed his daughter as durable power of attorney. My uncle is not able to communicate by words but has expressed his wishes: he wants his son to be the new POA-HC as he wants to move and be closer to his sisters who are also elderly. how do we go about changing his wishes if he is not able to communicate verbally. He is able to mummle, write, and nod his head. Thank you.

legal guardianship

If I take legal guardianship of my mom over my brothers POA would I be responsible for any of his mistakes he made by misuseing her funds?

Elderly father will not take care of himself

My father is 71 and in very bad health. He was hospitalized a while back for bad breathing problems that has developed from years of smoking. He is unable to walk due to poor circulation in his legs. After going to great lenghts I had everything arranged where he was receiving meals on wheels, home health, housekeeping and regular visits from me and my sister. He has now stopped the meals and stopped the physical therapy. His feet and legs are so swollen and he will not walk or excercise. He barely eats or takes care of hisself. I live 45 miles away and don't know what to do since he won't help himself. Is there anything I can do legally since he refuses to take care of himself? I have tried to talk him into going to a retirement center to live, he can afford it but he is unwilling to move. He is uncooperative and grouchy. His doctor prescribed him a powerchair and ever since he will not use his walker and this is what has cause the swelling in his legs and feet. I can help him but not with him this far away, if I had the authority to make him move, I know his quality of life would be so much better. Do I have any options legally?

old will

I believe I was named in someone will, but was never notified, how can I find a copy of the will.

Alabama Missing Heir law

Can someone tell me (short version please) the laws on missing heirs in Alabama? My father is still living, however he is in poor health and my brother (who is named in the will) has been missing (of his own will) for almost a year.

elderly law

my father in law is giving and spending money on my mother in laws nurse, she has told him every pity story in the book and he has fallen for it, she has been able to swindle thousand out of him. he has a sound mind but clearly this woman is using him and he is falling for it. is this against the law

Property Seizure

I have one grandparent in a nursing home and the other is incapacitated at home of residence. The home currently has a lien on it; and the state wants to take their property upon their death. What alternatives do we have to prevent this from happening.

irrevocable trusts

Can a trustee of a home in an irrevocable trust obtain a home equity loan against this property

fraud

i want to if a person makes u an additional user on a credit card who is responisble for the charges

Written Contract

As POA for my Mom with Alzheimers, I entered into a contract with an assisted living home that she has been residing in. Mom can no longer live in this home and is moving. The home owner is stating that I'm non-compliant with an item on the contract, and is claiming I owe her additional $. She has hired an attorney. I received a copy of the contract that we both had signed but after reviewing the copy she provided me when we signed in October, it is very clear that she has altered the document she gave to the attorney. The date we signed it has been changed by 30 days. If she altered this contract in any way, isn't it now considered to be ''null and void'', rendering any of the items on the contract non-binding? THANK YOU, IN ADVANCE!

Nursing home costs after patient dies

My mom was a resident of a nursing home in New York State. When she died there was a dispute between the nursing home and medicaid as to continuation of payments. The nursing home ins now saying that her family owes a balance of $5000.00. We called medicaid and they say that their investigation shows that the $5000.00 balance is owed out of mom's money. There was a balance of about $600.00 in mom's bank account and that was paid to the nursing home. They now want us to pay the 5k. There is no additional $$$ and when I asked for an accounting by medicaid of how they arrived at their decision, they said that they were not obligated to give me details...Do I have to take my own money to pay this debt? Can I be prosecuted for this money even though I have not been given any accounting of how or why this money is owed. To me, the dispute is between the nursing home and medicaid. Please help with this. My mom is dead almost 3 years and they are still pursing us.

Conservatorship

Need information on obtaining conservatorhip over an 85 year old uncle who is not making sound finiancial decisions for himself.

mother in law in nursing home

My mother in law, Ginny, was diagnosed with alzhiemers 10 years ago. My husband and I moved into the family farm, 6 years ago, to help with her care. She has been in a nursing home since April of this year. The problem is her care is now costing $6,000 a month and everything is in her name. The family farm is about 80 acres with 2 houses on it. My family lives in one and my father in law in the other. If we can't get some financial assistance we will lose our homes.

What can we do?

Thanks for your help,

Rita

Elderly not protected by her bank

Family was not notified by bank employer, when the employer allowed her to put her acounts in trust for a person who only walked to the bank with her.

Want to protect my grandparents from nursing home

My aunt, who is the co-trustee of my grandparents� estate, is trying to put them into a nursing facility and move into their home. My grandparents, in their mid-80s, are still perfectly capable of living on their own and it breaks my heart to imagine them forced into a home. My dad is the only other child, but he has expressed that he won't take steps to fight my aunt on this matter. Is there anything I can do to prevent my aunt from going forward with this? Do I have any legal rights as a grandchild?

elderly parents fighting help

our parents are still in their home, age 88. The home is piled with junk, rubbish, newspapers boxes of everything imaginable, and is a mess. They refuse to accept help. Dad is a diabetic and is having issues with feet, mother has macular degeneration and heart issues. We are extremely concerned and want to know what we can do to get their place cleaned up so they can stay at home where they are happiest, again, they refuse help--except to take money which they immediately spend on more boxes of junk. We are at our wits end at this point.

gifts to mitigate estate tax

We are seniors and gifted and forgave loans to 4 adult children over the last 29 years. Now, we have insufficient funds. They refuse to help.

Can we rescind?

settlement

if a client verbally agrees too a mediation settletment by telephone and then has a change of mind what happens. attorney was present but not client who now wants an increased figure or go too court. t. you

Medicaid benefits

What assets are considered when determining an elder person's elgibility for medicare in a nursing facility? What is the look back period in Louisiana? If a person's only asset is a paid off home would that be liened commensurate to the value of the beneifts that Medicaid provides prior to the death of the elder?