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Florida Elder Law Questions & Answers
0 Answers | Asked in Elder Law for Florida on
Q: Being charged with exploitation of the elderly

I worked for my mom 25yrs she deducted money from my pay weekly for me to save for later in life. She loaned it to someone who did not pay it back. So years ago she notarized a letter giving me full Consent n permission to access her bank account and the money in it to recover her debt to me... Read more »

0 Answers | Asked in Family Law, Personal Injury, Workers' Compensation and Elder Law for Florida on
Q: I would like to look into my grandfather lawsuit back in the 80’s up into the 2006 as we know he started getting a pay

My grandfather was hurt back in 1982 all I know it was a workmen’s Comp settlement with burnup and sims. When he died he only gotten some of his settlement! All I know is that he wanted passed on to his wife then children but when he died the family was told he signed papers to get his settlement... Read more »

0 Answers | Asked in Elder Law, Health Care Law and Social Security for Florida on
Q: Can medicare part b penalty be waived if it wasn't explained properly

My husband refused part b but wasn't informed about the penalty 20 years ago social security says he signed the forms but he is legally blind and couldn't read them can we get a penalty waived

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 »

0 Answers | Asked in Civil Rights, Elder Law and Domestic Violence for Florida on
Q: How can I reclaim my civil right to law enforcement services.

All based on being set up by the man abusing me (emotionally & physically) for the purpose of avoiding arrest. Over 30 incarcerations in 3 years. The trauma was so intensive I was hysterical by the time police arrived & was baker acted. Arrested twice for scratches on his arms. Police &... 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

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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 »

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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

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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.

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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 »

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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 »

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