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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 675
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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My husband is 75 years old has had many health issues and I

Customer Question

My husband is 75 years old has had many health issues and I feel somewhat diminished mental capacity. Last year he decided our property was too overwhelming to maintain and didn't want to live hear anymore.
His daughter talked him into signing financial and health power of attorney, she had his pension and social security direct deposited into another bank, denying me access. His health has decidedly declined from lack of attention and I have had to declare bankruptcy and will lose the property and my business.
I believe I have him talked into restoring medical POA to me but am looking for help in resolving the WHOLE situation, as she firmly believes she doesn't have to give me any kind of support, even though we are still married and have been for just short of 34 years.
Thank you for any suggestions.
Lorie Starinsky
Submitted: 7 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 7 months ago.
Hello Lorie. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues and contract law. I also have written articles on DUIs/DWIs/OUIs, process serving, employment law, Social Security law and on many other legal subjects. I answer questions on these topics as well as general legal questions and questions about negligence and other civil wrongs such as defamation and invasion of privacy. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms.Was the elder care attorney helpful?
Expert:  FamilyAttorney replied 7 months ago.
If the elder care attorney was helpful and is familiar with these issues including a separation -- if that is what you want-- then you can use the elder care attorney, but I would really suggest that you speak with a family lawyer. You have a lot of issues here. You need someone who can take care of almost all of it. Bankruptcy is another issue entirely, so other than the bankruptcy, a family lawyer can take care of all of this. For example, if he wasn't competent when he signed the power of attorney, the POA should be declared null and void. If you are the beneficiary of his pension, then you are entitled to the pension. You would likely be the beneficiary of the Social Security also, so you are well-advised to speak with a family lawyer if the elder lawyer doesn't do all of this. Of course, I'd advise you to use the elder lawyer only if that lawyer can handle all of this but I'm not sure if he or she can.If you want to file a separation, the family lawyer can do that for you too. Family lawyers generally take care of all of these issues except the bankruptcy issue. You need to act as soon as possible so you can get the pension or part of it, and the social security. You may need to have a guardian appointed for your husband because of his diminished capacity. This is a complex case, so you I really suggest you see a family lawyer unless you are confident that the elder lawyer can handle it all. I would suspect that the elder lawyer is not able to handle all of this, which is why you came here. Ask for a FREE consultation when you call the family lawyer. Speak to the secretary and ask for the free consultation. If they say it's not free, then find another family lawyer in your area and ask the same question. All of this depends on what the pension says, if you're the beneficiary or not, and also if he was competent when he signed the power of attorney. Sounds like the daughter did all of this to deprive you of it, and she can't get away with that if you are the beneficiary of the pension. I wish you the best of luck with this. If you have any follow-up questions, please feel free to ask me. If I don't get back to you right away, I will within a half hour because I will be at the computer all day.I hope this helps and clarifies. Please ACCEPT my answer and then please RATE me when finished reviewing my answer. Kindly rate my answer as one of top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you. I thank you in advance for rating me.

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