Elder Law


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If you are not your father's agent under either his Medical Power of Attorney or his Durable [Financial] Power of Attorney, it seems unlikely that you can override your stepmother's decisions.  W ...Read more

If someone is mentally disabled to the point of lacking legal capacity to make her own financial decisions, she also lacks legal capacity to grant a Durable [Financial] Power of Attorney.  Her es ...Read more

Please show the Power of Attorney to a local elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org). ...Read more

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Can a stroke patient appoint a new POA after being declared incompetent?

Q: A month ago, my mother, an incredibly healthy, independent 76 yr. old had a stroke and a heart attack. She lived but missed the critical window to dissolve a blood clot. Since the stroke, she has b ... Read more

Can I be sued for Filial responsibility if my mother in law lives in PA and

Q: My mother in law lives in PA. She is controlling, verbally abusive and poorly manages money. My fiancé wants nothing to do with her. Could my mother in law sue us for Filial responsibility? No ... Read more

If parents in nursing home on Medicaid who is responsible for home upkeep?

Q: My parents put their home and property in a life estate with my sister, my deceased sister’s son and myself. They have since been confined to a nursing home and on Medicaid. (life estate ... Read more

Can nursing facility take your parents savings and home?

Q: My mother has Alzheimer’s and we are looking into placing her into an assisted living facility which deals with her specific needs. If me and my siblings self pay with no charge to her insura ... Read more

Can my brother force the sale of my mother’s house?

Q: My mother is in a nursing home. Before that I was her caregiver. I am still her power of attorney. I still live in my childhood home and have started a family of my own. My brother just got out of ... Read more

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