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Florida Elder Law Questions & Answers
0 Answers | Asked in Health Care Law, Criminal Law and Elder Law for Florida on
Q: Please I need help for my elderly father who is in the hospital

My father has sepsis. He is elderly and getting better. Doctor has told me my only choice to take him home is hospice or sign AMA. I believe my father can get better. I want him to live and get well. Are these my only options? Do we not have any rights? It feels as if hospital has removed our... View More

0 Answers | Asked in Health Care Law, Family Law, Elder Law and Medical Malpractice for Florida on
Q: Does a hospital in Florida need consent from MPOA to move an ICU patient who is incapacitated to LTCH? Thank you

Thank you for reading my question. Your thoughts are greatly appreciated.

1 Answer | Asked in Elder Law for Florida on
Q: My 86 year old mother in law is about to go into an assisted living facility, but may need to apply for Medicaid.

She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?

Jason E. Neufeld
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Jason E. Neufeld
answered on Jun 13, 2024

In Florida, the answer is: Yes.

If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).

For non-real estate/non-retirement assets (such as a car) which are already...
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1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Florida on
Q: Bf of 9 years was sole financial supporter. Mnths ago he abruptly ceased paying bills, expenses. We live off MY SSDI.

He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2024

Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.

If you want him out, and the residence belongs to you, simply evict him.

0 Answers | Asked in Family Law and Elder Law for Florida on
Q: my granddad was buried in another state how can i get his remains to my state

My granddad married a women she kept him from the family. She never let us see him anymore and when he died and she died she had his remains sent to another state to be buried with her. Also he had Alzheimer’s and was able to get him to sign in his will that he leave’s things to her. But before... View More

0 Answers | Asked in Elder Law and Health Care Law for Florida on
Q: Medicaid long term care benefits issue with Humana

Our Dad got his Medicaid long term care since last year. The plan from Humana started on 01012024 but until now, Humana didn't want to pay us as caregiver. What do we have to do to get the long term care benefits?

0 Answers | Asked in Family Law and Elder Law for Florida on
Q: I was my mothers POA for the past 3 1/2 years when she moved to Florida I placed her an an Independent living facility.

She has had numerous falls since September of last year and had several head injuries! The doctors told me she needed to go to an assisted living facility. Last month while she was recovering from a UTI and fall I packed and hired movers to move her to an assisted Living facility in Lakewood Ranch.... View More

2 Answers | Asked in Family Law, Estate Planning and Elder Law for Florida on
Q: My father signed a new will several times. We were unable to have it. notarized or witnessed. He is dying. Thank you.

We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.

James Clifton
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James Clifton
answered on May 26, 2024

If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.

Schedule a free consultation to make sure your father's estate plan is formalized...
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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Both my name and my mother's name are on the deed to her house. Also, her will directs the house to pass to me.

However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?

Phillip William Gunthert
Phillip William Gunthert
answered on May 4, 2024

Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More

1 Answer | Asked in Domestic Violence, Elder Law and Identity Theft for Florida on
Q: I need to speak to an attorney about i d theft and financial trafficking of disabled pre senior female adult and abuse
Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A Florida attorney could advise best, but your question remains open for four weeks. If you haven't found an attorney yet, one option could be to supplement your searches with the "Find a Lawyer" tab above, as well as attorney referral tools on the websites of local and state bar... View More

1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My cousin is in a nursing home with dementia. Taxes are due on his FL home. can a family pay the taxes b4 tax lien issue

Can I submit an invoice to be reimbursed upon the sale of the home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

Yes, you can pay the taxes. You should also look into whether the home is exempt.

But someone should be responsible for his financial affairs; that person should take care of the tax payments.

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

Jamy Barreau
Jamy Barreau pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

I think more information is needed to give a proper response here. How assets are titled is very important in trust planning. If assets are not appropriately titled in the name of the trust, it could lead the trust to not having authority over the particular asset. I would suggest meeting with an... View More

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Banking and Elder Law for Florida on
Q: My Aunt recently passed away and in her older years my mom’s name was on her bank. My aunt took out a forced loan

My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?

James L. Arrasmith
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answered on Mar 2, 2024

In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More

1 Answer | Asked in Elder Law, Securities Law and Criminal Law for Florida on
Q: Mom is a victim of elder abuse by her financial advisor. He works in NY, she lives in FL. Do what in which jurisdiction?

He convinced her to write him checks for $139,000. And he prematurely terminated an annuity costing her a minimum of $69,000 in fees, penalties & lost bonus. He lied to both of us, telling us the account had matured. He's his own employer and I can't find him listed in FINRA.

James L. Arrasmith
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answered on Mar 2, 2024

Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More

2 Answers | Asked in Elder Law and Probate for Florida on
Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 23, 2024

I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More

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1 Answer | Asked in Estate Planning, Criminal Law and Elder Law for Florida on
Q: I need to request from Alaska executer all info he didn’t execute will he’s stealing from estate and put father in home

Father being abused no monies are gifts given only to his daughter and wife in Alaska I just left Alaska in November

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 22, 2024

You should submit this question to Alaska Elder Law as you will need an opinion from the state where the elder is located .This may also be an Alaska Probate Law question if you have questions about what the estate is proposing as a distribution.

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Folks got locked out of their rental. How do I get the realtor to let them back in? Says HOA did not approve app.

My folks 87 & 89 sold their house moved into a condo, rent until close. Now realtor is kicking them out & changed locks. They have 2 cats that’s the HOA does not allow but they were not aware when they made the deal and the HOA will not approve their rental application. They paid 1 month... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 21, 2024

This is more of a real estate or a landlord tenant question than an elder law question. I would suggest that you choose one of those categories are resubmit your question.

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