If your father is capable of signing (i.e. has the ability to understand what he's signing), then you/he would go to an elder law attorney to assist with drafting the durable power of attorney and health care surrogate / health care POA documents.

Happy to assist.

Best,... View More

Out of state incapacity planning documents (such as health care surrogacy/proxy docs and durable power of attorney) are legally valid in Florida. But practically, since the documents are different, you should consider redoing them with a Florida lawyer.

I have seen providers in Florida... View More

On a very limited basis. I would strongly recommend looking into Medicaid Planning for additional in-home financial help.

Medicaid planning is a way to protect people’s assets from the threat of long-term care expenses. Most of my clients are between 65 and 90, own their own house and... View More

There are, in fact, Insurance policies that specifically cover long term care. You can read about it here:

https://www.elderneedslaw.com/articles/long-term-care-insurance.

Hope this helps.

Medicare has a very limited nursing home benefit. They will pay full bill for 20 days. They will pay bill for days 21-100 but you’ll have a $167.50/day copay.

After 100 days, Medicare will not pay. Generally, you’ll then have to privately pay unless you qualify for Medicaid.... View More

Hope the article and video below help explain.

https://www.elderneedslaw.com/blog/durable-power-of-attorney

https://m.youtube.com/watch?v=pJDoe7VM0Ic

It depends on how bad the dementia is. She needs to be able to understand what she is signing in order for a Durable Power of Attorney to be effective. This is called a “lucid interval” - you can read more about it at the link below.... View More

Yes. You can qualify for Medicaid despite excess income by utilizing a qualified income trust (also sometimes called a "Miller Trust" or "d4B Trust")

Article on QITs: https://www.elderneedslaw.com/miller-trusts-qualified-income-trusts-florida

Video on QITs:... View More

If you are successor POA (and not co-POA), the good news is only your brother can currently act. If you notify the principal in writing (and any third parties relying on the POA document), if your brother ever can no longer act on behalf of your mother, you will be skipped and your sister (next in... View More

POMS Manual SI 01150.125 explains that if individuals can prove that they gave away resources for purposes other than qualifying for Medicaid benefits, then they may be able to avoid a Medicaid transfer penalty period of ineligibility.

But, the reviewing agent will presume that any gift is... View More

It depends on if family members also want to be guardian.

Call your local “legal aid” office.

You may want to call the police and adult protective services.

Copy and paste the following link to report elder abuse: http://elderaffairs.state.fl.us/doea/report_abuse.php

If its a case against a financial adviser or stock broker, reach out to me.

It depends on for what purpose. For example, I think you can join AARP when you turn 50. But age 65 is a good rule of thumb for Medicaid and disability purposes.

You need to sit down with a local elder law attorney to discuss all of this - its way too complicated to answer in forum such as this one.

Since you are still technically married you have very strong rights, especially with regard to the homestead.

If your mother owns the home herself, she is free to kick your sister out and sell it. If she has designated you as her power of attorney, you can do all this as well.

If the three of you need someone to sit down with the three of you and discuss whats best for mom, I am happy to help.... View More

You can speak to an elder law attorney about Medicaid planning (even if your mother does not currently qualify). Medicaid can help pay for some or all of your mother's long-term care needs (depending on the level of care needed).

Feel free to copy and paste the below links that further... View More

At first Medicaid doesn't take anything. If someone who needs Medicaid has too much by way of assets, they don't qualify.

If you have too much by way of assets, see a Medicaid lawyer to discuss legal and ethical ways to shelter those assets and still qualify for Medicaid.... View More

It depends on how the property is titled on the deed (I would have to review). But I suspect it's 50/50.

Before the property is sold, you will need a medicaid planning lawyer to explain how to shelter her portion of the proceeds to remain Medicaid eligible....She'll have multiple... View More

I've written two articles about this very issue. Copy and paste the links below:

https://www.elderneedslaw.com/blog/estate-planning-attorney-vs-medicaid-planning-attorney

https://www.elderneedslaw.com/blog/how-an-elder-law-attorney-is-similar-to-an-estate-planning-attorney... View More