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 
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
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?
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
In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal
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.
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
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.
No cameras or bracelets
answered on Jun 29, 2023
Possibly, if the facility was negligent, and if the patient, or the patient's guardian or relatives have suffered damages resulting from such negligence.
1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.
2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More
answered on May 24, 2023
First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... View More
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
answered on May 19, 2023
Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... View More
I am a co-successor trustee with one of my siblings, for my parents trust. They both have passed. We are going to sell their house, which is in the trust. Do we two, as the successor trustees, have the sole discretion on how the house proceeds get deposited and/or distributed? Or, does a third... View More
answered on May 2, 2023
In general, the trustees, not the beneficiaries, decide how to administer the trust, including the making pf decisions such as where the trust funds are deposited.
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.
If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would... View More
As a trustee of an irrevocable trust, the CPA is paid to prepare an annual accounting with the cover letter from the trustee. If the trustee provided a sample ( from the trust attorney to the CPA) of how it is required to be prepared and written....and the CPA omitted the 6 month limited language... View More
answered on Apr 21, 2023
The accountant should send out a new letter correcting the earlier one.
The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back
answered on Jan 29, 2023
Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.
it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.
answered on Jan 23, 2023
I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... View More
Deceased husband was already receiving his SSI. I was a housewife for 20 years.
answered on Dec 26, 2022
Unfortunately, the magic age is 60 (when your remarriage would not affect your ability to qualify for survivors benefits on your deceased husband's record). The exception to this is if you are above the age of 50 AND have a disability.
My sister is not providing me with any information about my recently deceased mothers home sale which is supposed to be split between 3 siblings, including myself. She recently asked for money for taxes and insurance so the closing would go through. When i asked her for copy of will, PA agreement,... View More
answered on Dec 13, 2022
I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time. A copy of the will should be provided to any beneficiary interested party, if not, Florida Statute requires that it be filed with the clerk of the court... View More
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
answered on Dec 5, 2022
No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.
FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... View More
answered on Nov 4, 2022
So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... View More
My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... View More
answered on Oct 5, 2022
You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.
The police say its a civil matter he robbed us with a fraudulent POA for over two hundred and fourty four thousand dollars worth of money property and assets
answered on Sep 6, 2022
You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's... View More
My Dad’s “daughter” downloaded some generic General POA form for my Dad January 31 2011 and he was suffering from dementia & a brain aneurysm 10yrs prior. I finally got a copy and it shows him as the Principal ( all her writings not his, including writing his name ) and he also signed... View More
answered on Jul 28, 2022
No, Florida law (and Florida Statute 709.2105 in particular) requires that powers of attorney have two witnesses. Clearly the principal cannot be the witness to his own POA.
How was it "upgraded" to a durable POA in 2021? Did he again sign it, were there again two witnesses,... View More
The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... View More
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answered on Jul 15, 2022
Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... View More
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