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Questions Answered by Jason E. Neufeld
1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for Florida on
Q: We just had to put Dad in a nursing home, but can't cover the costs.

Can we sell his house even if it's in the will that it goes to my sister?

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Aug 17, 2016

I would highly suggest you meet with an elder law attorney who handles medicaid planning to discuss other options (whether its our firm or another one). You should not have to sell the house to pay nursing home expenses!

What medicaid planning attorneys do is legally and ethically shift...
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1 Answer | Asked in Elder Law for Florida on
Q: Does a nursing home, (State or privately owned), have the right to take money from my IRA to cover my husbands expenses?

This IRA is mine alone. We have been married 25 years and I started contributing to an IRA approximately 40 years ago. He is retired and I am on SS Disability due to several medical and psychological issues. He worked very little and only gets $329 monthly from SS retirement.

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Aug 5, 2016

It depends on what other assets you have.There are laws to protect against the well spouse (also referred to as the "community spouse"). This is referred to as the Community Spouse Resource Allowance (CSRA) and the Monthly Minimum Maintenance Needs Allowance (MMMNA). You should meet with... View More

1 Answer | Asked in Elder Law and Estate Planning for Florida on
Q: Uncle plays with 90yo grandfathers paranoia to turn him against the rest of his family & got him to change his will &POA

grandfather is in an assisted living facility in florida. He is 90 and has age related dementia, extremely paranoid. Uncle doesnt get along with the rest of the family, visits grandfather & plays with his paranoia. Makes up stories & fabricated letters that the family is conspiring to... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Jul 30, 2016

A guardianship attorney can assist with this type of case. An action would be filed alleging that the grandfather did not have the capacity to sign that power of attorney and that the uncle is abusing his responsibilities as an agent by not meeting the grandfather's known wishes. This can get... View More

1 Answer | Asked in Elder Law and Social Security for Florida on
Q: My dad lives in Florida. He has Medicaid part A and B. Does he need to pay social security to the nursing home also?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jul 30, 2016

I think you may be confusing Medicare and Medicaid. Your father has Medicare Part A and B. Unfortunately, Medicare will only pay a portion of a nursing home bill for 100 days - max. Medicaid will pay for the nursing home bill if your father qualifies. If he does not qualify, there are strategies... View More

1 Answer | Asked in Elder Law for Florida on
Q: My dad resides at a nursing home in Florida.He has Medicaid part A and B. Should his social security go to the home also
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jul 30, 2016

I think you may be confusing Medicare and Medicaid. Your father has Medicare Part A and B. Unfortunately, Medicare will only pay a portion of a nursing home bill for 100 days - max. Medicaid will pay for the nursing home bill if your father qualifies. If he does not qualify, there are strategies... View More

1 Answer | Asked in Elder Law for Florida on
Q: What does it take to legally declare a parent unfit for making financial-level decisions for themselves in FL?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jul 30, 2016

It takes a judge declaring so in a guardianship action. When a guardianship proceeding is initiated you would explain the grounds supporting the allegations that your parent (known as the "alleged incapacitated person") is unfit to make financial decisions. The easier way to do this, if... View More

2 Answers | Asked in Personal Injury for Florida on
Q: Had 14 gallons of gas sprayed on me and van at racetrac should i sue and if so $
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jun 12, 2012

Now that several weeks have passed, as a personal-injury attorney, I would as the following questions:

-1- did you go to the hospital as a result of the gas-spray incident?

-2- have you seen a doctor at all since the gas-spray incident?

-3- did you file a report with the gas...
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2 Answers | Asked in Personal Injury for Florida on
Q: How do I obtain a copy of a personal injury complaint to use as a guide to file my own complaint?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jun 12, 2012

There is an old saying: "any lawyer who represents himself....has a fool for a client." My point is that even those licensed to practice law know that it is foolish to try to represent themselves. As a non-attorney - you would stand virtually no chance of success if the defendant hires an... View More

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