Miami, FL asked in Elder Law for Florida

Q: The nursing home where my grandma lives has gotten a temporary guardian for my grandmother and they are having a compet

The nursing home where my grandma lives has gotten a temporary guardian for my grandmother and they are having a competency hearing (calling her indigent and challenging her competency). Her hearing is on July 31st. Should I get a lawyer to contest the guardianship? Is this okay? the guardian wants to get Medicaid for her but we dont. My grandma makes too much money with retirement check&she owns her home. We want to transfer my grandma to Miami and pay privately for nursing home. I dont know what to do. The guardian told me to let her know before I get a lawyer (she wants the name). She lives in Jacksonville, FL

Related Topics:
2 Lawyer Answers
Thomas Tripp
Thomas Tripp
Answered
  • Elder Law Lawyer
  • Pinellas Park, FL
  • Licensed in Florida

A: It sounds like an energency temporary guardianship has been established and that the final hearing is set on the 31st. Unless you want the current proposed guardian to be appointed you must insert yourself into the proceeding with your own lawyer. The Court has appointed an attorney to look out for your grandmother's interest and they will advocate what they think is in her best interest which may or may not be what you want. I would suggest contacting an experienced guardianship attorney within the Duval county area.

1 user found this answer helpful

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Elder Law Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: I agree with Attorney Tripp. You need to hire a guardianship attorney to assist you asap. Prior to the hearing on July 31st.

1 user found this answer helpful

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.