Caring For Disabled Parent

Summary

A disabled adult is not limited to those in wheelchairs; it includes anyone over 18 with significant physical or mental impairments, such as dementia. Concerns about a parents welfare can be reported to APS, even if they reside in assisted living. APS can investigate abuse or neglect in Long-Term Care Facilities (LTCF). Removing a cell phone could be elder abuse if it isolates the individual. Making gifts in a POA allows the agent to give away the principals assets. Transferring a house with a mortgage involves refinancing, adding to the deed, or selling. Retroactive leases are possible but require both parties agreement. Always consult a Georgia attorney for specific legal advice.

Full Conversation

So someone with dementia
Yes, an adult with dementia could be considered a disabled adult as this is a mental impairment that can significantly limit their ability to perform certain tasks or make decisions. Is there a specific legal concern you have regarding this?
Im taking care of my parent with dementia, can someone call APS
Yes, anyone concerned about a senior or disabled adult's welfare can report to Adult Protective Services (APS). It's important to provide as much information as possible. Do you suspect abuse or neglect?
No just mad they not answering my phone call
I'm sorry to hear about your frustration. If Adult Protective Services (APS) in Georgia isn't responding, you may consider reaching out again, or contacting your local Area Agency on Aging for further assistance.
If my parent is in assisted living, can someone still report aps on me
Yes, even if your parent is in assisted living, someone can still report to APS if they believe abuse or neglect is occurring. APS investigates all reports, regardless of where the individual resides.
No i dont work in the assisted living, but I put my parent in the assisted living, can a faimly member report to APS that I put them in assited living
Yes, a family member can report to APS if they believe the placement in assisted living was inappropriate or not in the best interest of your parent. However, APS will investigate thoroughly before taking any action.
I thought APS cannot interfere if someone resides in a ltcf
Adult Protective Services (APS) can still intervene in Long-Term Care Facilities (LTCF) under certain circumstances. They can investigate allegations of abuse, neglect, or exploitation. However, they often work alongside other agencies like the Department of Community Health in Georgia for such cases.
Is it considered elder abuse if they no longer have a cell phone
Taking away a person's means of communication, like a cell phone, could potentially be viewed as a form of elder abuse if it's done to isolate the individual or prevent them from seeking help. However, the context matters significantly in these cases.
No they still keep in contact when people call via through me
It seems like you're asking if it's elder abuse if the elderly person doesn't have a phone but is still able to communicate through you. If the person's communication isn't restricted and they're not being isolated, it's unlikely to be considered as elder abuse. However, specific situations can vary.
what does make gifts mean in poa doc
"Making gifts" in a Power of Attorney document generally refers to the authority granted to the agent to give away the principal's property or assets, typically for estate planning or tax purposes. The specifics can differ based on the document's terms and Georgia law.
How can you put your parents house in your name if they still have a mortgage on it
To transfer a house with a mortgage to your name in Georgia, you have a few options:
- Refinance the mortgage in your name.
- Have your parents add you to the deed.
- Your parents can sell the house to you.
However, each method has legal and financial implications. Please consult with a legal professional or real estate attorney for detailed guidance.
How would i get added to the dee
To get added to the deed of the house, you'll need to have a new deed prepared where your parents are the grantors and they are transferring the property to themselves and you. It's advisable to consult with a real estate attorney in Georgia for this process.
Even with a mortgage
Yes, even with a mortgage, you can be added to the deed. However, it's important to note that being added to the deed doesn't automatically make you responsible for the mortgage. That remains with the person who originally took it out unless it is refinanced in your name.
If i am poa, would you recommened i add myself to the deed first and sell or just sell with the poa doc
As a Power of Attorney, you have the authority to sell the property. However, whether to add yourself to the deed first depends on various factors. Consulting with a real estate attorney or financial advisor in Georgia is advisable for personalized advice based on your situation.
What if i sell the property and parent says they didnt agree
If you sell the property as POA without your parent's agreement, it might be seen as a breach of your fiduciary duty. It's important to:
- Ensure their mental capacity to agree or disagree
- Document their agreement to avoid potential legal issues
- Consult with a legal professional in Georgia for more guidance.
What is a quit claim deed
A quitclaim deed is a legal document used to transfer ownership of real property like land or a house. The person transferring the property (the grantor) doesn't guarantee that they own the property or that the title is clear. It simply transfers any interest the grantor may have in the property.
But what if it has a mortgage on it? Wouldnt the person have to qualify for the mortgae to do a quit claim
Using a quitclaim deed to transfer property doesn't affect the mortgage. The mortgage remains with the original borrower unless it's refinanced. The person receiving the property won't need to qualify for the mortgage but should be aware that the mortgage obligation remains.
How can i make money off a quit clim
A quitclaim deed transfers property ownership, it doesn't directly help you make money. However, if you receive property through a quitclaim and sell it for a profit, that could be a way to make money. Be aware of potential tax and mortgage implications. Always consult a real estate attorney for advice.
So a quit claim is just giving away the property but the new owner has to take on the exsiting mortgage
The new owner does not automatically take on the existing mortgage with a quitclaim deed. The original borrower remains responsible for the mortgage unless it is refinanced. The new owner should be aware of this as the lender can still foreclose if the mortgage is not paid.
So whats the point in a quit claim deed
A quitclaim deed is useful in quickly transferring property ownership without guaranteeing the status of the property's title. It's often used in situations like:
- Transferring property between family members
- Removing an ex-spouse from a property title after divorce
- Transferring property into a trust
- Correcting errors in a title.
Can i legally sign a new lease with my current tenant before i sale the property
Yes, as a landlord, you can sign a new lease with your current tenant before selling the property. However, it's critical to inform the tenant and the potential buyer about the existing lease. The terms of the lease usually must be honored by the new owner. Always consult with a real estate attorney for advice.
Do i have to legally tell the tenant i am selling
In Georgia, it's not legally required to inform your tenant that you're selling the property. However, it's often considered good practice to do so. If the property is sold, the new owner must honor the existing lease until it ends.
What about in floridia
In Florida, it's also not legally required to inform your tenant about selling the property. However, any existing lease should be honored by the new owner until its expiration. Always check with a Florida real estate attorney for specific advice.
If my tenant has been staying in a home since Jan * and I need to write a lease, Can i create a lease dating back to Jan * untill Jan *
Yes, you can create a lease for that period, but it would be considered a "retroactive lease." However, both parties need to agree to its terms. It's best to consult with a real estate attorney in Georgia for advice related to your specific situation.
So even if tenant has been living in the home since Jan * and it is may * as of today i can still make a lease that dates back to Jan?
Yes, you can create a lease that dates back to January, known as a "retroactive lease", but both parties must agree to the terms. Please consult with a Georgia real estate attorney for further guidance.
What is retroactive
"Retroactive" refers to something taking effect from a date in the past. In terms of a lease, a retroactive lease would apply to a period that has already occurred. Both parties must agree to this for it to be legally binding.
How would i create a retroactive lease
To create a retroactive lease:
- Clearly state the start date (in the past) and end date in the lease terms.
- Include standard lease terms like rent, responsibilities, and rules.
- Both parties must agree and sign the lease.
- Seek legal advice from a Georgia real estate attorney to ensure legal compliance.
Do i have to put todays date when signing or can i put the date of jan
When signing a retroactive lease, you should put the current date as the signing date. The lease term can be stated as starting from January. Always consult with a real estate attorney in Georgia to ensure compliance with the law.
If i sign a retroactive lease with the current date are their any legal penalties
In general, retroactive leases are not illegal if both parties agree to it. However, it's crucial to consult with a Georgia real estate attorney to ensure compliance with all state-specific laws and avoid potential legal issues.
can i backdate a lease for the purposes of a home sale to protect the tenant occupancy
You can create a retroactive lease, but it must be agreed upon by both parties. However, creating a lease for the purpose of misrepresenting facts during a home sale may have legal consequences. Consult a Georgia real estate attorney before proceeding.
So in creating a retroactive lease, do i sign with todays date or the retroactive date
When creating a retroactive lease, you should sign with today's date. The lease term would be stated as starting from the retroactive date. Always consult a real estate attorney in Georgia to ensure legal compliance.
Why cant i sign with the old date
Signing with an old date on a legal document like a lease can be considered fraudulent, as it misrepresents the actual date of agreement. Always use the current date to maintain transparency and legality. Consult a Georgia real estate attorney for further guidance.
If someone purchases my home and i have a retroactive lease does the new buyer have to honor it still
Yes, in Georgia, if a property is sold with a tenant and a valid lease, the new owner usually has to honor the existing lease, whether it's retroactive or not. However, specifics can vary, so it's advisable to consult with a real estate attorney.
Can i as a poa make gifts with the proceeds from principles home sale
As a Power of Attorney (POA), you can make gifts with the principal's assets depending on the specifics of the POA document. However, you must ensure:
- The principal authorized gift-giving in the POA document.
- The gifts align with the principal's best interests.
- You comply with Georgia's laws on gift-giving.
Please consult with a Georgia attorney for personalized advice.
What are ga laws on gift giving
In Georgia:
- There's no limit on the amount of money or property you can give as a gift.
- Gifts aren't taxable income for the recipient.
- If the gift exceeds $*,* per year, the giver may be subject to federal gift tax.
Always consult a legal professional for advice.
If i sell the principles home as poa, can i gift myself any funds
As a Power of Attorney (POA), you have a fiduciary duty to act in the best interest of the principal. Gifting yourself funds from the sale of the principal's home could potentially be seen as a conflict of interest or self-dealing, which could lead to legal issues. It's crucial to consult with a Georgia attorney for specific advice.
What if my poa says i can make gifts
If your Power of Attorney document specifically allows you to make gifts, including to yourself, then you can do so within the terms outlined in the document. However, you must always act in the principal's best interest. It's recommended to consult with a Georgia attorney to ensure compliance.
It just says make gifts
If your Power of Attorney document just states "make gifts" without specifying to whom or any limitations, it could potentially allow you to gift to yourself. However, all actions should be in the principal's best interest. Misuse can lead to legal consequences. Consult a Georgia attorney for specific advice.
Wouldnt it be in the best intrest if im paying myself for all i endured and to remain taking care of their child
As a Power of Attorney (POA), your role is to act in the best interest of the principal. If you believe using the principal's assets to compensate for your care is in their best interest, it might be permissible. However, this could be seen as self-dealing. Consult a Georgia attorney for specific advice.