Estate Law
Estate law questions? Ask an estate lawyer.
Connect one-on-one with {0} who will answer your question
Answered in 1 minute by:
6/6/2011
Isaac, Esq., Attorney
Category: Estate Law
Satisfied Customers: 58,046
Experience: JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
VerifiedThank you for your question.
That very much depends. Is that person hospitalized for a serious event or is that person going in for a routine procedure? Also, is that person still coherent and competent, or is that person incompetent and/or in a state where he or she is unable to make decisions?
That very much depends. Is that person hospitalized for a serious event or is that person going in for a routine procedure? Also, is that person still coherent and competent, or is that person incompetent and/or in a state where he or she is unable to make decisions?
Thank you for your follow-up.
Wow, there are quite a few issues here, so I will try to go down the list per each indvidual or entity and essentially spot what I believe are legitimate issues.
1. Nursing home.
The home had a duty to ensure that the parties had a valid medical power of attorney, proxy, or living will in place. Therefore failing to ensure that your father's sister had such rights is a breach of duty and is possible negligence that may even be deemed "wrongful death". I strongly urge you to consider retaining counsel that specialize in both personal injury and wrongful death as well as probate and estate matters because this situation will be very messy.
Be aware that because you were many states away, that is a bit of a mitigating factor here--that is because if you were not able to be there immediately, you could not make a decision also and why the home may claim that because of that they are not liable. That argument should fail but be ready for it.
2. Hospital.
A hospital's duty is to extend and preserve life. They are only permitted to remove someone off support when the correct person provides a release. Typically that is eitehr a parent, spouse, or child, and only if none of those are available, a sibling. Here, the fact that they removed someone without notice is very much a breach of duty causing negligence and wrongful death.
3. Sister
There are claims possible against ehr for breach of fiduciary duty (taking over expenses and appearing to not properly conduct them), possible embezzlement, wrongful death (for permitting removal from ventilator), and possible fraud and forgery if she is caliming a contract that may or may not have been signed when your father was competent. Against her I very strong suggest an attorney.
Good luck and please accept my condolences.
Wow, there are quite a few issues here, so I will try to go down the list per each indvidual or entity and essentially spot what I believe are legitimate issues.
1. Nursing home.
The home had a duty to ensure that the parties had a valid medical power of attorney, proxy, or living will in place. Therefore failing to ensure that your father's sister had such rights is a breach of duty and is possible negligence that may even be deemed "wrongful death". I strongly urge you to consider retaining counsel that specialize in both personal injury and wrongful death as well as probate and estate matters because this situation will be very messy.
Be aware that because you were many states away, that is a bit of a mitigating factor here--that is because if you were not able to be there immediately, you could not make a decision also and why the home may claim that because of that they are not liable. That argument should fail but be ready for it.
2. Hospital.
A hospital's duty is to extend and preserve life. They are only permitted to remove someone off support when the correct person provides a release. Typically that is eitehr a parent, spouse, or child, and only if none of those are available, a sibling. Here, the fact that they removed someone without notice is very much a breach of duty causing negligence and wrongful death.
3. Sister
There are claims possible against ehr for breach of fiduciary duty (taking over expenses and appearing to not properly conduct them), possible embezzlement, wrongful death (for permitting removal from ventilator), and possible fraud and forgery if she is caliming a contract that may or may not have been signed when your father was competent. Against her I very strong suggest an attorney.
Good luck and please accept my condolences.
Isaac, Esq., Attorney
Category: Estate Law
Satisfied Customers: 58,046
Experience: JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
VerifiedIsaac, Esq. and 87 other Estate Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Estate Law Questions
Well my father's life partner is also his Health Care Proxy
Well my father's life partner is also his Health Care Proxy and my father has been diagnosed with dementia. He called the police one night and had my father put in the hospital and he is trying to pla… read more
EvanG329
Attorney
JD
4,916 satisfied customers
My mother almost died, and then we ask doctor to .ventilated
My mother almost died, and then we ask doctor to .ventilated her. Three hours after, they sent my mom to another hospital. … read more
Attorney Matt
Attorney
Doctoral Degree
18,687 satisfied customers
My mother is dying in a nursing home, and my father is her
Good evening. My mother is dying in a nursing home, and my father is her health care proxy. He is very difficult, and has caused my mother to have issues with care on prior occasions. However, now he … read more
Geoff
Trial Attorney
Juris Doctor
5,765 satisfied customers
Looking for guidance on mother in skilled nursing facility
Looking for guidance on mother in skilled nursing facility and facility is using 20 rule saying that she no longer needs skilled nursing we appealed and were turned down. All thought it was a matter o… read more
Ashley Paige Esq
Associate Attorney
JD
2,419 satisfied customers
I placed my mother is in a rehab center due to lack of
I placed my mother is in a rehab center due to lack of moving around. She became ill and was taken to the hospital and when the decision of discharging her came. I requested she be sent home with heal… read more
Judge Bill K ret.
retired
Doctoral Degree
5,097 satisfied customers
I'm wondering if my dad was competent when he signed a dnr.
I'm wondering if my dad was competent when he signed a dnr. … read more
Barrister
Attorney
Doctoral Degree
8,856 satisfied customers
How would I obtain my deceased father's medical records who
How would I obtain my deceased father's medical records who died in the hospital in New York? My estranged brother is POA, executer and health proxy. He refuses to ask for the medical records and woul… read more
Jessica B
Attorney
Juris Doctor
14,914 satisfied customers
My Father is in a nursing home. My brother who is his health
My Father is in a nursing home. My brother who is his health care proxy has stopped his enteral feedings. I just found out yesterday that my brother's health care proxy has not be activated at the fac… read more
Attorney2020
Lawyer
2,480 satisfied customers
I am a geriatric Nurse Practitoner. My mother is on a term
I am a geriatric Nurse Practitoner. My mother is on a long term facility O was her health care proxy until she in the beginning of a osychotic break and chose my mentally brother. Hwr health care prox… read more
Christopher B, Esq.
Attorney
Juris Doctor
11,586 satisfied customers
My father lived in Massachusetts all his life. 18 months ago
My father lived in Massachusetts all his life. 18 months ago my mother sent him to live with me in Ohio because he has alzheimers and she couldn't deal with it. Now it is time for him to go back to Ma… read more
RayAnswers
Attorney
Doctoral Degree
8,635 satisfied customers
Can the proceeds of an irrevocable trust be seized to apply
Can the proceeds of an irrevocable trust be seized to apply toward hospital expenses in the event the beneficiary is hospitalized. She is below the poverty level and the total amount of the trust for … read more
RayAnswers
Attorney
Doctoral Degree
8,635 satisfied customers
Will I be able to contest power of attorney for my grandmother?
Will I be able to contest power of attorney for my grandmother? She was diagnosed with Demintia in 2006 my mother which was her first born child passed the same year. I then signed the health care pro… read more
Loren
47,556 satisfied customers
my mom and dad appointed my brother and I as power of attorney,
my mom and dad appointed my brother and I as power of attorney, but since my mother passed and my father' s mind is not good my brother has put my dad's house in his name and has had my father sign pa… read more
Ellen
Attorney
Doctoral Degree
20,957 satisfied customers
My Dad was dying in a nursing home facility in January of this
My Dad was dying in a nursing home facility in January of this year. They placed a restriction on me to visit my Dad in September 2009 (Monday, Wednesday, and Fridays from 3-4pm), due to my brother, t… read more
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My disabled brother in law lives with his elderly mother in
My disabled brother in law lives with his elderly mother in her home in NJ. Can some of the assets of their home be protected in the event she enters a nursing home? Would this be in the form of a spe… read more
lwpat
Doctoral Degree
6,615 satisfied customers
My father has granted his six children 1/6 interest in his
My father has granted his six children 1/6 interest in his real estate. On the warrranty deed it says '' grantor hereby reserves unto himself a life estate in and to the foregoing described real estat… read more
dkennedy
Attorney
Juris Doctorate
3,122 satisfied customers
My elderly mother who resides in Texas will be transferred
My elderly mother who resides in Texas will be transferred to a nursing home from a hospital. She qualifies for Medicare and she has a house. Does the state of Texas allow her to keep her house? Do he… read more
Dave Kennett
Doctoral Degree
25,741 satisfied customers
my question is my mother owns a house and wants to leave
my question is: my mother owns a house and wants to leave it to my brother and sister. If she does not make a will and anything happens (such as heart attack) where she is incompetent and cannot sign … read more
GoLaw
Doctoral Degree
751 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.
Illinois
Thanks Adam!! - A very direct and understandable response - you have been a great help!
Ellicott City, MD
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
< Previous | Next >
Meet the Experts:
Barrister
Attorney
8,856 satisfied customers
21 yrs estate law, real estate. Wills/Trusts/Probate
RayAnswers
Attorney
8,635 satisfied customers
Texas lawyer for 30 years in Estate law
Ely
Counselor at Law
1,867 satisfied customers
Fully licensed attorney in Texas in private practice.
RobertJDFL
Attorney
1,836 satisfied customers
Experienced in multiple areas of the law.
P. Simmons
Attorney
1,659 satisfied customers
12+ yrs. of experience including estate law.
ScottyMacEsq
Attorney
1,484 satisfied customers
Licensed Texas General Practice Attorney
Marsha411JD
Attorney
235 satisfied customers
Licensed Attorney with 29 yrs. exp. with Estate Law issues
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
