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Florida Elder Law Questions & Answers
0 Answers | Asked in Elder Law for Florida on
Q: My friend Sal, who is 70 years old, is getting harassed by his son, who has beat him up twice, and his daughter.

His son and daughter use foul language on texts and disrespect him greatly. They took over Sal's finances because Sal trusted his kids so he said ok. But now they are withdrawing money from his account with no accounting, and telling him he can only use 650 per month of his own money and... View More

0 Answers | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: Temporary POA Florida

2 doctors letters state: My dad is not able to make his own financial or personal decisions without his DPOA Daughter(that me). Daughter is also dads Healthcare surrogate.. Daughter Is going on vacation and wants to give the private nurse Temporary POA. Daughter wants the doctors nurses hospitals... View More

0 Answers | 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.

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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1 Answer | Asked in Family Law, Elder Law, Estate Planning and Probate for Florida on
Q: My uncle has passed away in Florida. He had dementia. How can I find out who his attorney or power of attorney was?

His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?

James L. Arrasmith
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answered on Jan 21, 2024

I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More

1 Answer | Asked in Civil Rights, Elder Law and Criminal Law for Florida on
Q: Can a file a civil law suit, if someone is violating my rights , and fraudulently press police charges with lies

I am in the middle of court case with criminal charges, for a crime I did not commit, the prosecutor wants to drop charges, but the supposed victim lies in the court and to the police statement and also refuses to let prosecutors to drop charges, and my case is costed my reputation n my life... View More

James L. Arrasmith
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answered on Jan 12, 2024

You might have the option to file a civil lawsuit for defamation if someone is deliberately making false statements about you that are damaging your reputation. In cases where these statements lead to criminal charges, the situation becomes more complex, but the essence of a defamation claim... View More

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Question about an elderly person with dementia and a caregiver who is now on the house deed and in the will.

In 2019, my grandmother’s caregiver told the family that the doctor said her dementia was getting worse and she could not drive or make any financial decisions. In 2020, my grandmother’s lawyer, who is friends with the caregiver, allowed my grandmother to sign over her condo and change her... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 1, 2024

Sure, it merits looking at. But the different signature doesn't necessarily mean that her mental ability was diminished.

1 Answer | Asked in Elder Law and Landlord - Tenant for Florida on
Q: assisted living facility--does this paragraph mean they can increase all 3 each year?

increase in aprtment monthly fee and healthcare services and incidental charges:

community will employ cost control measures consistent with sound financial practices and the need for regular and continued maintainence of the community and the level o services provided. Resident... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2023

Yes, that appears to be what it means. Like other rental contracts, the price can usually go up periodically, yearly in this case.

1 Answer | Asked in Elder Law and Family Law for Florida on
Q: Why can't I see my 87-year-old mother if there is no legal reason why

My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More

2 Answers | Asked in Consumer Law and Elder Law for Florida on
Q: I have dali lithographs from Center Art Gallery. Are they worth anything?

Purchased Dalis in Honolulu in the 70's/80's also Chagall - Homage to Marc Chagall. Will they appraise?

Angelo "Tony" Marino Jr.
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answered on Nov 6, 2023

A civil trial lawyer would be the kind of lawyer you need but someone who specializes in gender law. I would call your homeowner's insurance company to see if they will provide a lawyer to represent you.

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1 Answer | Asked in Real Estate Law, Contracts and Elder Law for Florida on
Q: real estate broker added her name to a life estate deed without permission. Is there legal recourse?

The buyer ( an elderly disabled Vietnam Veteran), had agreed to a Lady Bird deed with the brokers father, but the broker switched it to a life estate deed and added her own name.

She was at the closing as a “friend” of the buyer.

Anthony M. Avery
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answered on Nov 6, 2023

You are not clear about who the remainderman is. But you can probably sue to set aside the

Deed with a good FL attorney. But you will have to explain why you signed a Deed with the wrong grantees.

1 Answer | Asked in Elder Law and Real Estate Law for Florida on
Q: My ex husband and I own a manufactured home in Florida. He lives in it, If he goes in nursing do they take the house

I live in ny.

Deed is written in his name OR mine

He’s 75 years old

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 6, 2023

It depends on what your divorce papers stated upon your divorce and whether the home has homestead protection. Usually, a home of this type as a primary residence in the State of Florida is deemed homestead and protected and not subject to nursing home/Medicaid and the like.

1 Answer | Asked in Criminal Law, Domestic Violence and Elder Law for Florida on
Q: Can I be arrested for driving a car that my exfiance supposedly bought for me 13 years ago?

He is or his civil real estate atty. says I have 10 days to turn the car over a long with his guns.

I turned the guns in last February after he was arrested for trying to kill me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2023

It essentially depends on the registration of the vehicle. If it was registered to you 13 years ago, and there is no written contract to the contrary, your ex doesn't have a case.

1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Florida on
Q: I am a poa for an elderly friend who is in a long term facility they own a condo but are qualifying for Medicaid and now

She gets about 1,800 a month in SS and 241 in a death benefit from her husband since all her funds go to the home what about the condo

Anthony M. Avery
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answered on Oct 4, 2023

No question asked.. But you need to consult with a FL attorney now about Medicaid, SS, fiduciary obligations, and real property title, before you get your principal in alot of trouble.

2 Answers | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Florida on
Q: Can I be a professional POA

I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More

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2 Answers | Asked in Real Estate Law, Elder Law and Probate for Florida on
Q: Ok, my brother did a quitclaim deed stating my mother signed. My mom was in the hospital on hospice on a vent. Help.

Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?

James Clifton
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James Clifton
answered on Aug 7, 2023

In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More

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1 Answer | Asked in Family Law, Civil Rights, Elder Law and Nursing Home Abuse for Florida on
Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed

In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages.

1 Answer | Asked in Elder Law for Florida on
Q: Father lives in Tennessee with Girlfriend - got sick while in hospital Girlfriend became POA as family was in Fl - took

Control over all assets changed his Will, sold his car - accessed and closed his 3 personal bank accounts, transferred $ to her accounts ect .. from the hospital my father ended up in long term care / she sold the home they lived in which was 50/50 - took her 50% and moved with her family in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 6, 2023

You and your father should discuss this with an attorney in Tennessee who is familiar with elder law. It is not, as of yet, a matter of Florida law.

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