Mississippi Elder Law Questionnaire

State:
Multi-State
Control #:
US-Q1013
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Mississippi's vulnerable persons law extends to residents or patients of care facilities such as a nursing home, hospital or regional center for intellectual or developmental disabilities. Mississippi's vulnerable persons law also protects vulnerable adults and minors in private residences.

Abuse & Indicators Physical Abuse: beating, slapping, kicking, rough handling, or other abuse causing welts, cuts, burns, abrasions, sprains, bruises, dislocations, fractures or broken bones. Neglect by Caregiver/Others: lack of supervision, failure to give medicine, food or personal care, not attending to bed sores.

What is a vulnerable adult? The definition is wide, however this may be regarded as anyone over the age of 18 years who may be unable to protect themselves from abuse, harm or exploitation, which may be by reason of illness, age, mental illness, disability or other types of physical or mental impairment.

Testamentary capacity in Mississippi requires (1) that the testator understand and appreciate the nature of the act of executing a will, (2) know the beneficiaries of his bounty and their relation to him, and (3) that he be capable of determining how he desires to dispose of this property.

Any person who willfully inflicts physical pain or injury upon a vulnerable person shall be guilty of felonious abuse or battery, or both, of a vulnerable person and, upon conviction thereof, may be punished by imprisonment in the State Penitentiary for not more than twenty (20) years.

Chapter 47 - Mississippi Vulnerable Persons Act. § 43-47-19. Prohibition against abuse, neglect, or exploitation; penalties; relation to other laws. It shall be unlawful for any person to abuse, neglect or exploit any vulnerable person.

Wills in Mississippi don't need to be notarized to be valid, but notarization can make the probate process smoother. That's because, when a will is notarized, it means the probate court doesn't have to summon the witnesses to make sure the will is legally binding.

Examples of vulnerable persons may include persons with autism, dementia, acquired brain injury, a tendency to wander, inability to communicate, aggression or other unusual social responses.

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Mississippi Elder Law Questionnaire