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If you hold power of attorney how can you help an elderly man obtain a divorce when his new wife sold the house he owned prior to their marriage then kept the money and abandoned him?
Wiki User
∙ 17y ago
A POA cannot be used to file for the divorce of the grantor or "Principal" of the POA. The person wanting the divorce will need to file for the dissolution of the marriage themselves. If the person in question is not mentally capable of such action then adult guardianship will be required. Obtaining legal adult guardianship is a complexed and rather expensive legal process, the best option is to consult with an attorney who is qualified in elder law in the state in which the elderly person resides. The issue of the sale of the house is questionable, depending upon how the property was titled and the laws of the state in which the property was located. Even so, the abandoned spouse would be entitled to his share according at the very least. It is possible the wife committed a criminal offense that will need to be addressed as well as the civil matters in question.
Wiki User
∙ 17y ago
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Can elderly parent force adult children into power of attorney?
No
Can health care power of attorney be used to apply for medicaid for elderly parent?
Yes - the POA should be able to apply on the elderly parent's behalf.
What do you need to be a representative of your elderly mother for social security?
You need be be listed as "power of attorney" for her.
Can an elderly person regain control over his life if a relative is abusing power of attorney?
Yes, an elderly person can regain control over their life if a relative is abusing power of attorney by seeking legal help. They can revoke the power of attorney, report the abuse to authorities, and seek protection through legal means such as obtaining a protective order or guardianship. It's important to act swiftly and decisively to protect the elderly person's rights and well-being.
Who is the best elder abuse attorney?
This is going to depend on the area you live in. Injury HelpLine Attorney will help you to find the attorney you are looking for in your area. They will narrow down your search based on the type of case.
What can an agent do if someone tricks an elderly person into changing their power of attorney to name a different agent?
Nothing unless person is declared to be mentally incompetent at the time the power of attorney was made
When an elderly has been declared incompetent dementia can the change the executor?
It is called 'Power of Attorney' when a person is still living, but unable to make their own decisions regarding money or medical matters. No, the elderly person if found incompetent cannot change the executor in the Will. If for instance the executor is John Doe, but Power of Attorney is Jane Zero then Jane Zero will be the one making decisions over money and medical matters according to the elderly person's Will. One can hire a lawyer to see if there are any legal loop holes to change things around should there be any problems protecting the elderly person as the Power of Attorney or Executor as it stands to date.
A woman is elderly and her son has power of attorney He has terminal cancer and he and his wife have squandered much of the estate When he dies will his wife become POA or will his sister?
Power of attorney is not inherited. The court would have to appoint a new one.
Are there any elder abuse lawyers in Toronto?
"Yes there are. You can find one by contacting the Ministry of the Attorney General, the Advocacy Centere for the Elderly, or the Public Health Agency of Canada for help finding an attorney for this particular case."
If a power of attorney was executed for an elderly step-father does a biological daughter have rights to revoke it and become the power of attorney?
Daughter does not have the power to revoke her father's Power of Attorney unless she has become his legal guardian. She does not have the authority to make herself the attorney-in-fact. However, father has the right to change his attorney-in-fact if he wants to and as long as he has the legal capacity to do so. Perhaps you should consult with an attorney who specializes in elder law if you are concerned.
Seek Legal Counsel from an Alimony Lawyer?
Alimony or spousal support is payments that are awarded by the court during divorce proceedings that instructs one spouse to make monthly or a lump sum payment to the other spouse. Laws pertaining to alimony have changed significantly during the past few decades. In the past, women were stay-at-home moms and needed alimony to avoid any adverse change in their financial circumstances due to a divorce. Today, due to the fact that women have successful careers, alimony is very seldom awarded during divorce proceedings. In most cases, alimony is intended to provide monetary compensation to the recipient for their unpaid contributions during the marriage, and to help them to gain financial independence. Alimony laws vary in each state. There are many factors which a court considers before granting alimony. One factor is the duration of the marriage, and whether the ex spouse has the mental and physical ability to earn a living wage. Another important consideration is the spouse's age, and whether or not, they have the marketable skills to earn a living. Usually, a marriage must last a minimum of 10 years before spousal support is granted. There are several types of spousal support which is awarded on the basis of an individual personal financial situation during the marriage. Pendente alimony is temporary spousal support that is awarded until the divorce is finalized. Rehabilitative alimony is temporary spousal support designed to enable a spouse to obtain the education and job training to become sufficiently self-supporting. Permanent alimony is paid until the recipient of the alimony payments dies or remarries. Usually, permanent alimony payments are awarded to a spouse whose marriage has lasted for a very long duration. If the spouse is elderly and suffering from an illness or disability, which prevents them from being gainfully employed, they will receive permanent alimony. According to the laws of the Uniform Marriage and Divorce Act, a spouse who has the ability to earn a living will not receive any alimony support. If you are considering a divorce and need spousal support to help you make the transition to becoming financially independent, then you should seek the counsel of a lawyer who specialize in family laws pertaining to divorce and alimony. An experience attorney will keep you informed of your legal rights and remedies, and use their extensive knowledge and expertise to gain and strengthen your trust and confidence in your attorney, throughout your divorce proceedings.
What do you say the aged mother?
"The Aged Mother" is a Japanese folktale that tells the story of a mother and her son during a time when elderly people were being abandoned. The story highlights the love between a mother and her child, the wisdom of the elderly, and the importance of respecting and caring for older generations.
