Claimed Lawyer ProfileQ&A
- Estate Planning
- Elder Law
Additional Practice Area
- Special Needs Planning
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- New York
- The Garrett Law Firm, PLLC
- Columbia University
- J.D. (1983) | law
- Honors: Parker Award, Mellon Fellowship
- Activities: President, International Law Society; International Law Review, Environmental Law Review; Chinese and Japanese law study groups
- Top Elder Lawyer
- Austin Monthly
- National Academy of Elder Law Attorneys
- National Guardianship Association
- Texas State Bar  # 24048146
- - Current
- Austin Bar Association
- - Current
Articles & Publications
- Illegal Skilled Nursing Facility Discharges: Appealing Medicare Notice of Nonpayment
- Texas Elder Law Flash
- Noncitizens and Public Benefits , 2020 UT Special Needs Trust Conference , Austin, Texas
- University of Texas School of Law
- Approved Guardianship Attorney
- State Bar of Texas
Websites & Blogs
811 Questions Answered
- Q. Do Elder Law attorneys deal with financial and isolation abuse of an elderly family member?
- A: You can make an online report to Adult Protective Services. You can also find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
- Q. My mother recently passed away and my youngest sister is the executor. She has also been the sole power of attorney
- A: With regard to your sister's actions as your mother's agent under the Durable Power of Attorney (that is, while your mother was alive), there is a provision of the Texas Estates Code which allows anyone who would be an heir or beneficiary or who can persuade the court that they have a genuine interest in the principal's (your mother's) well-being to ask the court to examine the actions of the agent (your sister). However, since your mother has already died, this may well not apply. With regard to your sister's actions as executor of your mother's Will and estate, if you are a beneficiary, 15 months after the court has appointed your sister, you may request an accounting. If that is not produced within 60 days, you may complain to the court.
- Q. Will I still need P.O.A before the ladybird deed or will either of them work? Do they need to be submitted thru court?
- A: These documents serve entirely different functions. A Durable Power of Attorney shares authority over the property of the person who signs it while she is alive. Both her signature and that of her agent must be notarized. If it is to affect real property, it must be recorded in the county deed records. A General Warranty Deed Reserving an Extended Life Estate (a/k/a "Lady Bird Deed") passes title to real property free of probate and so, in Texas, free of Medicaid Estate Recovery (Medicaid is a loan). It must be notarized and recorded in the county deed records. If the owner is applying for Medicaid, it must also be submitted for review to the regional attorney at the Texas Department of Health and Human Services.
Contact & Map