Category Archives: Elder Law

Elder Laws impact older individuals and their families. Elder law specializes in estate planning, long term care arrangements and social security and retirement benefits.

competency My father-in-law whom I care for has recently been declared…

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competency
My father-in-law whom I care for has recently been declared competent again by his physician. When he saw his attorney and told her that he wanted to be re-instated as Trustee her response was we’ll see about that. One of his sons who is co-successor trustee has been trying to gain complete control of trust. The attorney also kept all his original trust documents and will not return them. He has nothing not even a health care directive. What can he do?

sister POA ed title to mothers home as fee simple no w keeping all hi my future…

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sister POA ed title to mothers home as fee simple no w keeping all
hi my future lister / buyer had a 1992 lawsuit on property profile report show that mother (now deceased, quitclaimed property to eldest daughter as joint tenant) had to sue for a judgment to have property put back in her name as sole owner. Now in 2005, 85 year old mother , now terminally ill, has same daughter coming around for first time in 10 years, controlling mothers care and other financial matters prior to mothers death. There are two other heirs who are sisters brother and one other sister. Now when myself (a realtor pull property abstract, I see a new recording before Aug. 9th death of mother) of a 7/5/2005 quitclaim into daughters name as sole owner done with POA which was obtained by daughter before judgment in 1992. Now comes daughter, serving 3 day notice to quit on brother and sister residing at property in order to care for their mother. She doesn’t have a rental agreement with other siblings. She now though is by her quitclaim the only heir to mothers property. This was the basis and expressed in judgment , for the 92 lawsuit. There is a holigraphic will that has been confiscated by said (evil) sister and she refuses to give copies.

power of attorney with disability planning Mom has a revocable living trust,…

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power of attorney with disability planning
Mom has a revocable living trust, (she is the trustor & trustee-I am the successor trustee). She also has an advance directive (listing me as her health care representative) & a power of attorney with disability planning appointing me as her agent & attorney-in-fact.
I know she appointed me because she knows she can trust me 100%. Her health is REALLY starting to fail quickly…she’s in her mid 80’s.
I want her to control her affairs as long as she can but if it comes down to it that she can’t, what form do I need the doctor sign to give me power of attorney so I can deal with her banks to access her accounts and pay her bills for her?

Power of Attorney An elderly person executed a Power of Attorney designating…

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Power of Attorney
An elderly person executed a Power of Attorney designating Alternate A. Additionally, a separate Medical Advance Directive and Power of Attorney has been executed naming Alternate B for medical emergencies.

In the case of a medical emergency, if Alternate A differs with Alternate B, would the medical caretakers accept Alternate B as the foremost authority to carry through and make decisions for medical purposes, or would Alternate A’s authority supercede Alternate B?