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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 53833
Experience:  Licensed attorney helping individuals and businesses.
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I want to take my mother out of the nursing home she has an

Customer Question

I want to take my mother out of the nursing home she has an irrevocable trust. How can we proceed!
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.
Hello and thank you for the question. I am sorry to read of this dilemma.
Is she able and willing to leave on her own?
Is the home objecting?
Do you have power of attorney?
Customer: replied 1 year ago.
Yes she is willing to leave on her own and return to my home. Yes I do have power of attorney, has been in the facility since 11/10/14.
Customer: replied 1 year ago.
She is in very good health and knows where she is. She Reads constantly and knows what is going on
Expert:  Infolawyer replied 1 year ago.
If she has mental capacity she may simply leave.
Your poa also helps if they resist. More choices as well if needed. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 1 year ago.
A trust was set up for my mother with me as the payee. will I need to dissolve this as part of her plans to return home with me.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I am still waiting for an answer, will the trust need to be desolved
Expert:  Infolawyer replied 1 year ago.
Trust does not need to be dissolved. It may remain in place.

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