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I am just trying to find a lawyer for elder law in VA we are…

Customer Question
I am just trying...

I am just trying to find a lawyer for elder law in VA we are having some problems between family members regarding my mother's care... one of the family member's is trying seize control of my mother's care and be her sole guardian

Lawyer's Assistant: Has anything been filed or reported?

Not yet- right now shes just threatening to do it ... and her and one of my brothers both have power of attorney- so legally i think she can just walk down to the courthouse and have my mom sign over her rights my mother has not been proven yet to be unable to make her own decisions- but it wouldn't be hard for my sister to prove that she is unable to or to manipulate my elderly mother with dementia to just sign it over by lying to her about what she will and won't do the problem is the other 3 siblings don't live in the same state

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

As far as i know the only paperwork that has been filed is for POA- both her and one of my brothers have POA's ... but no paperwork has been filed yet - i think shes about to file tho- so we are all trying to prevent it from happening or be prepared for when it does how we will handle it or fight it and/or if its worth the fight

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I mean -- just that confidence- is extremely important my sister doesn't know we are seeking legal counsel- if she did - i'm sure that would expedite her process

Submitted: 5 months ago.Category: Legal
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Answered in 22 minutes by:
3/7/2018
Lawyer: Ely, Counselor at Law replied 5 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Please clarify:

1) Who has the POA?

2) Does she have mental capacity/cognizance right now?

3) Did she have mental capacity/cognizance when she executed the POA?

4) What can I answer for you exactly here?

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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 (last updated February 8, 2012).

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