The enhanced life estate deed would be the better option, homestead is a protected asset in Florida and as it relates to Medicaid, with enhanced life estate deed your parents would retain their homestead interests and protections. If you did a quit claim deed, you would run afoul of Medicaid... Read more »
Money is significant, multiple bank accounts, all emptied within a couple hours, for what can only assume is their own personal use. Does not benefit in any way the principle. Squabble in family over other estate matters within another country. Either country recognizes the other country's... Read more »
I assume you are trying to ask whether a bank can be sued if it allows an adult child of the principal (account owner) to withdraw funds by use of a power of attorney signed by the principal. Probably not, unless the POA was not in the proper form or the agents of the bank had reason to know... Read more »
My sister is in a nursing home in Pensacola, FL. They advised me to seek guardianship or POA. What are the differences and limitations or each? I live in Maryland.
You may find this list helpful as a reference possibly and for guidance.
Power of Attorney v. Guardianship
The POA agent (appointed person) is chosen by the principal (the one who appoints authority or giving POA) The guardian (appointed person) is chosen by the court.
Less... Read more »
If your sister has mental capacity and is able to understand and comprehend then you can accomplish what you need with a Florida Estate Planning Attorney drafting a Florida Durable Power of Attorney, if you sister is unable to comprehend things and is lacking mental capacity then you will need to... Read more »
The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »
You have asked two entirely different questions:
1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.
2) You might also want your attorney to review the contract between your family... Read more »
Association:
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »
You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »
If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:
https://en.wikipedia.org/wiki/Arbitration
My step dad does not like my mom's family and he refuses to let my mom do what she wants with her half of the profit from selling their home..what's her legal rights to her half of the profit.
Is they are divorcing then she would likely get half the proceeds. If there is not a divorce then the proceeds will be wired to a joint account or an account the parties designate. Thereafter, there would be no rules on how the money is spent because the courts are not involved. Your mother would... Read more »
There is no concept of apparent authority for a POA unless there are documents indicating the person that is giving the authority is incapacitated and has indicated previously prior to incapacity that they wanted someone else to handle their affairs.
homestead exemption going.. ? she hired a lawyer for his estate & THEY SAID no one can rent or live there. because it , would not meet medicare restrictions , she would not recieve payments for her daddys care in the facility ?... IS THIS TRUE OR FALSE ?
It is true that her father would lose his homestead exemption and the value of his home would then be a countable asset for Medicaid purposes (not Medicare) and be subject to claims after his death if the home is rented to an unrelated third party. A child or grandchild can reside in the home and... Read more »
She had a severe stroke and unable to make any decision or do for herself.
If your mom is mentally competent and able to comprehend and act then she can have Florida Durable Power of Attorney Documents drafted and you can use these documents as needed. If your mom is mentally incapacitated and unable to comprehend and act then you will need to pursue and seek guardianship... Read more »
They live in a retirement home with limited ability to care for her and it is very expensive
Below is a link to a video I created that explains how to get help paying for home-health care through Medicaid-planning.
https://youtu.be/b2pt20YdjLc
My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »
Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.
You have not specified why that would be harmful to you. I would imagine that an apartment for the handicapped would have more benefits than a regular apartment, not less (for example, a larger bathroom and being on the ground floor), but I have no familiarity with it. You also have not specified... Read more »
and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... Read more »
Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.
The house is in both of our names. Im wondering how much power medicaid could have over my house
If it is your and your grandmother's homestead and, especially if you and grandma own is as "joint tenants with rights of survivorship," then the house will be safe from Medicaid and probate.
You may enjoy these other relevant articles:... Read more »
I assume you are talking about an adult son, not a minor, and I assume you are wondering if you can obtain a restraining order to keep him away from you. If this is not the case, it's best to re-word your inquiry and re-post. There are limited types of NON-physical contact that warrant the... Read more »
It depends upon how many people live there and how many bedrooms there are. Also, if he requires her to be on the lease and she or you is refusing to put her on the lease, he can refuse on that basis as well.
Concerning my roof purchase would a trial by jury be preferable to going in front of one educated person , The Judge?
I'm assuming if I won't agree to this obnoxious request they won't sell me a new roof. Is this even legal ?
A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, contracts do contain clauses that dictate how disputes will be resolved. Some of these stipulate that arbitration will be used as a forum instead of civil court. I'm not certain if your clause... Read more »
When the son filled out the death certificate, he stated she was a widow and did not put my fathers name as spouse and did not inform him of his wife’s death. Is there anything we can do to fix this? My father would like to know her cause of death.
Apply to the Florida Department of Health for a death certificate showing the cause of death. Your father can qualify for one that shows the cause of death, if he provides sufficient proof that she was his wife. The form can be accessed here:... Read more »
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