Ask a Lawyer - Elder Law questions answered by leading lawyers |
| can anything be done for the theft of the elderly |
| my aging parent who is 80 is being ripped off by her children she had diabetic coma in march her mind is intact but her thinking is more anger and her logic is off, since then a brother has had her change her will got power of attorney and has emptied her bank accounts and other investments of $100,000 so far hes had my mom sign the withdraws by herself and took her to all her banks for the withdraw, he has also made it very difficult for any of us to visit our mother while this is going on. is there anything a son like myself can do in the law to stop this. |
| Can I rid myself of a court ordered guardianship and just go back to power of attorney? What steps d |
| A year ago I was appointed guardian for my mother. It''s been a major hassle. Even though I have guardianship, I still have trouble acting on behalf of my mother. For example, the bank where I have a guardianship account refused to allow me to deposit my mother''s checks! I also have to pay $950 for a bond every year. When I want to pay for certain things, like hiring someone to do my mother''s taxes, I have to ask the court''s permission. I have this guardianhip through Nassau County Court in NY. |
| Has the State of Florida implemented the look back period for outright transfers from 3 years to 5 y |
| Would the money from a sale of real estate also be included in a look back period under the "Deficit Reduction Act" in the State of Florida? |
| Can a revoked durable POA be reinstated if person was demented when POA was revoked? |
| Had durable POA (fin. & healthcare) for my mom. Mom''s dementia has worsened in past year. After recent health crisis, mom''s dr. sent her to assisted living after hospital. Mom got angry, paranoid at sister and me, called her atty. I had previously called mom''s atty and told her of mom''s worsening state, and asked if the POA was still in effect (yes, it was.) Atty visited my mom, pronounced her competent, advised her to revoke her POA, and then did revoke it. Mom named another relative as her HC POA. However, neither atty or mom ever notified this relative. Mom has another health crisis, near death, has been hospitalized for 2+ weeks. Relative named HC POA did not know she was HC POA, and when told, said she does not want to do it. Mom''s atty now says mom is incompetent to name new POA, told us to sue for guardianship. No time. Can revoked POA be reinstated b/c mom was incompetent when she revoked it? Can atty determine competence? Did atty act in mom''s best interests? Ethics of atty? |
| Questionable care and treatment of mother at nursing home |
| My mother has been in a nursing home for 15 months. Her condition has detriorated to the point where we have decided to implement her advance directive which is very specific.
The nursing home is stonewalling us because she is still private pay.
Also, the care and treatment she has been receivng has become quite questionable.
Are we able to go there and take her to bring her home even without a formal discharge from the doctor? |
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