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How do i declare my mother mentally incompetent and get power of attorney over her? law answers (480618)

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My Neighbor’s Gardening Service Cleans a Part of my Yard, What Can I do to Eliminate her from Claiming that Part of my Property as her Own?

A:  “My house (primary residence) is on a lot without well defined borders to my neighbors. The grassy yard flows right into my neighbor property and there are some trees that act as a division but according to the plot plan my property runs well past them. Her lawn service cleans part of my lot (the part after the trees) and I worried she might think her yard is bigger than it is. How do I make sure after time she does not claim rights to the part of the yard she cleans?” Easy: Give your neighbor permission. The rights you’re concerned about your neighbor getting are known as a prescriptive easement. That is when you use the land of another person for long enough that you develop a protectable legal right to continue doing so. However, one of the...

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Should I do some estate planning for Mom?

A:  I think your mother does not need more ''estate planning'' than the will she already has. Indeed, I don''t know what the Alzheimer''s estate planning your attorney mentioned to you would or could be. I certainly see no reason at all your mother should spend up to $10,000 for some nebulous ''estate planning.'' What you might need here is some planning concerning Medicare. You mentioned Medicaid, but since your mother is 83 I assume that she is receiving Medicare (for people over 65). The concern here is protecting her assets if she has to go into a long-term care facility. I am not an expert about this concern, though I do know, as you do, that there is a five-year look back period when one...

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Can I get legal custody of my cousin''s children since he was convicted of a drug crime

A:  First, just take them home with you. Getting legal custody after you already have physical custody is much easier than taking the kids away from Child Protective Services (or whatever it is called in NY). And chances are good that nobody will ever even raise the issue. Second, get the mother''s permission in writing. Even a short note would be better than nothing, and it would be nice to have that during the few days it will take you to accomplish step three. Third, have a family law attorney draw up a document for the mother to sign giving you power of attorney in all matters pertaining to the kids. That should be good enough for the...

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Did i do the Right thing? Texas Texas

A:  you are not grasping the basic fact that you have no right to "start your own life." You are a minor. You have the rights that your parents allow you to have. A relationship of 6 months is not earth shattering. It''s not a record. When you are 18, you are free to leave and date whomever you want. Until then, you abide by your parents'' rules. This really isn''t hard. You do what your parents tell you to do... up to and including breaking up with your boyfriend. Right now, he is harboring a runaway. This is a crime. I''m 17 thats legal in Texas! my mom knows where i''m at and how to get ahold of me..so therefore i am not a runaway!!! i''m at the age that if that report me i''d be missing not a runaway!! and how do you know all this information? are you some kind of

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How is incompetency determined and how is it made a legal point?

A:  It sounds as if your bottom line concern is whether there is a legally valid power of attorney for finances in place—and when it might take effect. There are two types of durable power of attorney for finances—and that is what determines when they take effect. You should be able to tell which type your grandfather has by looking closely at the language that specifies when it takes effect. The first type, which is more rare, takes effect immediately when it is signed. It is usually used when a person needs some help with mechanics of finances, such as balancing a checkbook or paying the bills on time. Many people with various forms of dementia, for example, are able to handle...

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Someone is attempting to take over part of my property!!!?

A:  This isn''t intended to be legal advice in any way- consult an attorney. You may however want to put up some "private property" or "no tresspassing" signs. You can take a picture of the property without the sign and then one with someone holding today''s newspaper to give an idication of when the photo was taken. In order for someone to "take" your property using adverse possession, they must fulfill all the components of adverse possession. While maintaining the property can be evidence of open and notorious possession and acting like the rightful owner, putting up a private property- no tresspasser signs and otherwise interrupting the "continuous" prong for adverse possession should protect you from losing the land under...

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mother passed away w/out assigning POA

A:  For all purposes POAs are invalid after death. If she didn't make a will, then a funeral home will pretty much have to accept whichever spouse or blood relative comes forward to address final burial issues. "i'm assuming because she was there with my mother that the hospital assumed that she had the authority to make decisions for my mother on behalf of her family...." Sounds like a lot of assumptions. "since she refuses to take any calls from any of us i really don't know how much power she has to appoint herself as spokesperson at my mother's funeral." Hon, her refusal to accept calls has nothing to do with it. Unless she's passing herself off as...

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buying a car from an individual with my bank in another state, protecting him and me

A:  Okay, wow, complex. There are far too many questions here to actually answer them all, so I''m just going to tell you how my purchase went (my bank is in FL, the car was purchased in GA). - First, we agreed on a price. - The previous owner paid off his loan until he owed the amount I was to pay, and gave me the phone number of the bank which held the lein along with his account number and the VIN. - My CU called his bank and got whatever information they needed to know in order to be able to draft a check. We signed a bill of sale and a power of attorney granting me power to reassign his title (NOTARIZED!), and sent a copy of each to my CU. - My CU cut a check to the previous owner''s bank, and gave me 1) a...

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After I quit, can they withold payment on expenses?

A:  Given the facts, as you state them, the company is liable to you for the payment. It sounds like they are not denying that, they are stalling. (By the way, if you did take this to court, you would have to prove the facts. If they deny telling you what they did, then the issue would be proving it, which may not be easy.) One thing you should consider is having a lawyer write them a letter demanding payment. Sometimes that gets these things moving. Thank you for the info. I''ll try to contact an attorney asap. Am I bound to find a CA attorney, or will a NJ one suffice? I was told by a law student that even if the company was based in CA, as long as they did business in NJ I''m ok contacting a...

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What to expect at my Hearing? Please help. California

A:  You are correct that balloon deductions to repay a loan are illegal. Waiting time penalties are calculated at your daily rate of pay times the number of days that the employer willfully failed to pay your final wages. Has the employer repaid the unlawful balloon deduction to you? If so, the penalty would stop accruing upon receiving all of your wages. Thanks for taking the time to read and the response. No, the employer has yet to pay anything to me. I recently received by certified mail details on when are where the hearing will take place. Included with this is what I''m pursuing. 4.b. Unlawful deduction in the amount of $350.00. 4.c And also alleging additional wages accrued pursuant to Labor Code Section 203 as a penalty of $64.00 per...