My mother is crazy. Louisiana. She might be aging and
My mother is crazy.JA: What state are you in? It matters because laws vary by location.Customer: Louisiana. She might be aging and becoming more disconnected with reality. It's lie that movie The Visit, but not as funny.JA: Has anything been filed or reported?Customer: I called 911 months ago and told them she is drinking alcohol while taking pills. The medics came, shook her hand and left after she told them too.JA: Anything else you want the lawyer to know before I connect you?Customer: no
My brother-in-law has POA for my mother-in-law. She is still
My brother-in-law has POA for my mother-in-law. She is still at home be he is considering putting her in a care facility. He appears to be doing some very shady things with her money. He gets very nasty when he is ask questions about the money. We believe he has moved most of Mom's savings over the past 5 years. Does my wife have any recourse to officially question his handling of Mom's money now as opposed to waiting until she dies and we challenge the will?JA: What are the basic terms of the Power of Attorney agreement?Customer: Good question. We don't know because he will not share that with us.JA: Has anything been filed or reported?Customer: Do you mean the POA being filed?JA: Anything else you want the lawyer to know before I connect you?Customer: We believe he has either sold her house or is about to. We believe he has made a deal with the person buying it were he would get a kick-back under the table.
Why would a Deputy officer from the Constables Office leave
Hi, why would a Deputy officer from the Constables Office leave his business card on my door?JA: What state are you in? It matters because laws vary by location.Customer: TexasJA: Has anything been filed or reported?Customer: I don't know, how do I find out?JA: Anything else you want the lawyer to know before I connect you?Customer: I owe money to a nursing home where my mom was, there's also her car in our yard with a flat tire and I just won sole managing conservatorship for my daughter. My ex is in jail...
My brother, an AZ resident, wants to move my 93 year old
My brother, an AZ resident, wants to move my 93 year old mother from a nursing home in Escondido, where she has resided for many years, to an unnamed facility in AZ. I oppose the move because there is no medical reason for it. I want to file an injunction against this action. I am my mother's oldest son, but he has Power of Attorney for health, which says he may discharge a healthcare facility.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: No. My mother is in good physical health and is treated very well at the Ca. home. She has age related dementia and early onset Alzheimers, but takes no prescription medication and is happy where she is.JA: Anything else you want the lawyer to know before I connect you?Customer: No
Can money from a minor conservatorship be used to purchase a
Can money from a minor conservatorship be used to purchase a vehicle for the minor who has a job?JA: Family law varies by state. What state are you in?Customer: MissouriJA: Have you talked to a lawyer yet?Customer: Not yet wasn't sure what I needed to do.JA: Anything else you want the lawyer to know before I connect you?Customer: The minor is 16 almost 17 and I have been the conservator of the money for 14-15 years. The minor has just gotten a job and needs transportation to and from the job.
BACKGROUND My wife was diagnosed with Alzheimer's in 2002.
BACKGROUNDMy wife was diagnosed with Alzheimer's in 2002. In the middle of 2007, she reached the point where I could not leave her alone. In 2009, physically exhausted, I hired a caregiver to help me. She helped me for the next 5 years then our relationship changed and we made an agreement to help each other. The Caregiver needed financial help and I needed companionship. This agreement was strictly a companionship agreement. However, I started to help her financially. I based my decision on the realization that I was eventually going to need a caregiver and did not to go to an assisted living facility.My children decided that I was going to give too much money to her would deplete my estate. Based on this in 2014, they hired an attorney (who is the County Conservator) and got my doctor to write a letter to say that in his opinion, I suffered from dementia and was thus incapacitated. Armed with the attorney and a letter (which was a form letter). The girls went to Probate Court and had me declared incapacitated and asked for Conservatorship over my estate. The stated reason was to prevent me from helping my Companion. Thus I am under the conservatorship of the attorney.I have since had an independent full evaluation by a psychologist and have been declared to be perfectly able to make my own financial decisions. My children and the attorney have seen of know about the report but refuse to act.Since the caregiver and I have been together now for over three years (plus 5 years as an employee), it is my intent to marry her when my wife dies. I have not abandoned my wife who is now in a skilled nursing facility and visit every day (7 days a week) to feed her at least one meal a day. She however doesn't know or care who takes care of her at this point.QUESTIONSCan my children either prevent my marriage or annul it?After marriage, can I go back to Probate Court to get the Conservatorship removed since it would now targeted against my wife?
Counselor at Law
My Mother lives in AZ. She has signs of either dementia or
My Mother lives in AZ. She has signs of either dementia or Alzheimer's. My older sister 'sleeps' at the home and claims to be mom's caregiver. This is far from the truth.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Scottsdale AZ. I live in Abilene TX and visited about the middle of January as Mom had been admitted to the hospital twice in less than a Mon.JA: Has anything been filed or reported?Customer: My fear is the possibility of my older sister taking advantage of Mom's and our step-father's mental capacities. There has only been 1 Adult Protective Service report which I believe was done by the hospital since my step-father has dementia and was missing for 3 hours from the hospital over Christemas holiday. His driver's license has been revoked when he decided to stop and give a police officer a dressing down while the officer was ticketing another driver.JA: Anything else you want the lawyer to know before I connect you?Customer: I need to know how I can protect Mom's assets WITHOUT having to going to Court to gain conservators. My sister isn't truly taking care of Mom, I found bills that had not been paid anywhere from 30-60+ days past due. My older sister doesn't own ANY property, but considers mom's home hers. There are so many questionable things going on that my sister refuses to tell me about and she has already played the system by getting mom to change her Medical POA changed in December when I know for a fact that I had been assigned in August 2004. Now I'm extremely concerned about mom's taxes being filed this year, fraud, ID fraud etc. I do not trust my sister. She has been a liar her entire life as well as having been a hard drug user for over a decade+.
My mother recently broke her hip and has been in a nursing
Hi. My mother recently broke her hip and has been in a nursing home since. My brother got her house / car keys and began driving the car without her permission. My mother repeatedly told him that she didn't want him driving her car, but he continued. He also removed all legal / financial documents from her home including title to the car "to keep them safe". My mother is now being released from the nursing home and is moving in with me in another state. My brother is not returning the car nor vacating the apartment. We have offered him money to vacate and hand over the car, but it doesn't look like he will. (I am her durable power of attorney, btw.) What can we do to get him to vacate her apartment and hand over the car, or at least remove my mother's responsibility for the inevitable damage to home and car that he causes?JA: What state is this in? And how old is the car?Customer: California. The car is a 2006 auto .JA: Has anything been filed or reported?Customer: No. My mother was in a nursing home, on pain pills, and recovering from surgery.JA: Anything else you want the lawyer to know before I connect you?Customer: There is a second question in here about the apartment too.
Are you under attorney-client privilege in this
Are you under attorney-client privilege in this conversation?JA: No. I'm the Lawyer's Assistant.Customer: How can I be assured that the information will not be miss-used or exposed inappropriately?JA: What state are you in? It matters because laws vary by location.Customer: californiaJA: Has anything been filed or reported?Customer: yes. I sent a letter to the CA nursing home licensing board with a copy to CANHR regarding the "false imprisonment" of my dad (took 4 paramedics to get him on the gurney) and am currently in Probate Court to obtain conservatorship which seemed the fastest and best way to protect him going forward.JA: Anything else you want the lawyer to know before I connect you?Customer: I have been told by his court-appointed attorney that I am in the wrong venue and that the issues of elder abuse and powers of dementia require another court action ... so they were not aggressively pursued. However, I now discover the concept of "Res Judicata" which requires that we address all of this now in an aggressive manner ... need to go to trial and to obtain a more aggressive litigator.