Lawyers, Answer Questions  & Get Points Log In
Florida Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Florida on
Q: Is a spouse responsible for a deceased person's debts? what is the Florida statue?
Phillip William Gunthert
Phillip William Gunthert answered on May 6, 2022

Generally, No, not unless they signed and agreed to be responsible. The estate may be responsible in a probate. I would encourage the spouse to speak with a Florida Probate Attorney.

1 Answer | Asked in Elder Law for Florida on
Q: Can a hospice patient sign a car title?

My stepmother signed a car title and gave the car away while in hospice car?

The person was not someone in her will.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2022

It depends on whether she was mentally competent.

1 Answer | Asked in Divorce, Real Estate Law and Elder Law for Florida on
Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?

Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.

Rand Scott Lieber
Rand Scott Lieber answered on Apr 27, 2022

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... Read more »

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: If I have POA for my father and his estranged wife comes back after 10 years and gets one who's is active?

They do not live together and have not been together over 10 years. Dad now has dementia and dad's family allowed her to come back and take over. She is receiving all of dad's money but has abandoned him. He's being evicted from his apartment because she has not been paying the... Read more »

Amy B Dow
Amy B Dow answered on Mar 23, 2022

First, just because someone has dementia, does not mean they are incapable of signing a new Power of Attorney (e.g. some folks with dementia have moments when they are very lucid/intelligent and others where they are not....if they sign during a "lucid interval" then the POA is valid).... Read more »

1 Answer | Asked in Contracts, Family Law and Elder Law for Florida on
Q: What is the approximate cost of reversing a Lady Bird Deed in Palm Coast Florida?
Phillip William Gunthert
Phillip William Gunthert answered on Feb 27, 2022

You will have to check with the individual law offices or attorney and see what their individual fee for such work or hourly fee will be. A lot will depend on the circumstances and what needs to be done, the current deed would need to be reviewed for specific terms and rights reserved and precisely... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Florida on
Q: Can someone with an "agent" or "attorney-in-fact" be ejected from a property by the court without the agent knowing?

Hi. I was searching court records for my grandfather after my mother (his caretaker) saw an odd credit card charge. He is currently in a suit to be ejected from his girlfriend's property that was filed by his girlfriend's daughter/guardian. The issue is that my father has a POA for my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2022

If your grandfather is being sued to be ejected from his girlfriend's property, what difference does it make that he has a POA "for" your grandfather's father? You might want to re-ask this question so that it makes sense.

2 Answers | Asked in Elder Law and Estate Planning for Florida on
Q: I have 4 sons. 1 son is coming to live and care for me I am 80. When I pass I want to be sure that he can continue to

live in the house until he dies or can no longer then house passes to the other 3

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jan 28, 2022

You could give the son who is living with you a Live Estate and then have the other sons and him be the remaindermen so they would get the property when you die. This can be done through a deed.

Ellen DeutschTaylor

727 365-3121

View More Answers

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I am a low income senior and can't find anyone to notarize the will I created on-line. Who can help me?

I was told there is a new law in Florida stating citizens must use an attorney for notarizing wills. Is this true?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Dec 27, 2021

Wills must be witnessed by two people and notarized if you are using a self proving clause. You should have your will reviewed by an attorney to make sure it complies with Florida law.

Ellen Deutsch Taylor

View More Answers

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: Does a successor agent of a durable POA have the right to file a unlawful detainer summons original agent is still actin

My aunt is trying to have me evicted from my grandmother's property against her wishes. She forged her name as the plaintiff on the summons but filled out the details in her own name. That's what I wrote in my answer. However we had a hearing where my aunt gave the judge a paper I did not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2021

Stop playing lawyer and hire one.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Q: In Florida, Can we be sued if we video record home health aid? The agency is asking for the clip of the assault.

We’ve video recorded an physical aggressive behavior of the Caregiver toward elderly man and filled a report to Adult protective services about the incident. The private home care agency wants the video clip. I don’t believe I should sent it to the accused agency. Advise?

Michael  Mayoral
Michael Mayoral answered on Nov 4, 2021

I handle ALF cases and this is unfortunately quite common. You should immediately contact an attorney who handles ALF (Assisted Living Facility) and Nursing Home Negligence cases. This is valuable evidence which may form the basis of a claim against them. In Florida, there is something called the... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 15, 2021

This is not an elder law question. This is a real estate question. I would re-post it under real estate law or call and get the advice of a real estate lawyer.

View More Answers

1 Answer | Asked in Elder Law for Florida on
Q: I have a question concerning a Durable Power of Attorney in the State of Florida.

I know a 71 year old male who I believe is suffering from alzheimer's disease. He signed a Durable POA to his former wife to act on his behalf. I believe she is taking advantage of him. She transferred both his condos to herself using quit claim deeds. She is also selling a storefront that he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2021

If his ex-wife is misusing the POA, the heirs may have remedies upon his death. If you have any idea who they may be (whether named in a will or next of kin and thus his heirs under the intestacy statutes), you might want to alert them.

1 Answer | Asked in Elder Law for Florida on
Q: As her POA in Florida, can I legally set up a prepayed cremation for my mother without her knowledge?

I want to set it up and pay for it myself. My mother would not want me spending my money on it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 19, 2021

Yes, what you do with your own money is none of your mother's business, and the POA you have has nothing to do with it.

3 Answers | Asked in Elder Law for Florida on
Q: Which deed would be better for protecting my parents house in Florida from medicaid a ladybird deed or a quitclaim deed?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 25, 2021

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 »

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Florida on
Q: Recourse for financial bank POA abuse if the agent (child) resides in Florida and the principal (parent) is non resident

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2021

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 »

2 Answers | Asked in Elder Law for Florida on
Q: Is a POA the same as guardianship? Differences please. This is for a person who is competent and in a nursing home.

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.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

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 »

View More Answers

1 Answer | Asked in Elder Law for Florida on
Q: The administrator at my sister's nursing home advised me to apply for guardianship or POA. Can you assist with questio?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

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 »

1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

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 »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's ALF paperwork.

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 »

Charles M.  Baron
Charles M. Baron answered on Jun 11, 2021

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.