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Florida Elder Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Elder Law for Florida on
Q: Can you get a retrail if you have a mental disabilty or blea
Henry George Ferro
Henry George Ferro answered on Mar 9, 2020

You are not providing sufficient information to give you an honest answer...

2 Answers | Asked in Public Benefits, Social Security, Family Law and Elder Law for Florida on
Q: My sister has dementia and no funds other than social security. We are out of Florida and cannot help financially.

We have no idea of any financial particulars other than she has no outside income other than social security and we are not in a position to help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

Unless someone in your family steps up and gets involved you and the rest of the family might not like the outcome of this situation. Take up a collection and go find out what needs to be done.

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1 Answer | Asked in Civil Litigation, Family Law and Elder Law for Florida on
Q: Thank you please tellm theres any laws In Puerto rico that obligate daughters to be responsible for the erdely father,
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 23, 2020

Most Florida lawyers are NOT from Puerto Rico and thus have no idea what the laws of Puerto Rico have to say about the obligations of children to be responsible for their elderly father. Search for a Florida lawyer who advertises their ability to practice in Puerto Rico.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My mother is mentally disabled. She is 55yo and lives in PR in a 24/7 facility. I would like legal guardianship in FL.

What would be my steps?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Was she mentally disabled when she entered the facility? Under whose authority was she put in the facility? Contact that person. When you get her to Florida, you would file a petition here in Florida. But in general, until she gets to Florida, you would need to ask your question in Justia >... Read more »

3 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Should I move money from our joint account to protect it?

My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2020

Medicaid pre-planning is a legitimate technique for protecting assets for the next generation. However, whether your brother can actually do this on behalf of your grandfather depends on the terms of the power of attorney (POA). Some POAs authorize this, and some do not. So that is the first... Read more »

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Florida on
Q: My brother and I were left an account from my mother who passed with Merrill lynch, my brother is not filling out the

paperwork for the trustee certification for Merrill lynch account so I can transfer my portion into my name. what is my recourse? If he continues to drag his feet, this will go onto 2020 and we will have to file taxes another year for this..

Seril L Grossfeld
Seril L Grossfeld answered on Dec 6, 2019

Some companies will split out your portion of the account and hold the rest for the other named beneficiary. People deal with grief in different capacities and this results in some people not wanting to deal with things like this as soon as their siblings are ready. Unfortunately, as a rule... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Florida on
Q: My mother rented an apartment back in April 2018. After January 2019 she started getting Dementia attacks.

About 2 months after she started with Alzheimer. For this reason she had to be taken to Emergency because she almost burned the apt. when trying to fry eggs.

She paid the 1st., last and security for the rental. Due to medical conditions she had to be admitted at a Nursing home for patients... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 20, 2019

I am sorry to hear about your mother's condition, however I do not think the same would waive applying the security deposit to the damage she caused due to her condition. Th landlord still had the loss to contend with.

In any event the landlord should have provided notice that s/he was...
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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: What is statute? If someone has dimentia and it’s medical records can they change poa and will
Jason E. Neufeld
Jason E. Neufeld answered on Nov 6, 2019

Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.

Dementia is a spectrum....
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2 Answers | Asked in Estate Planning, Tax Law, Bankruptcy and Elder Law for Florida on
Q: Hello, my mom and dad are on SS. It is their only income and they live in Florida.

Due to health problems they are having financial difficulty. They have a bank issued credit card with $24,000 in debt. I've read that the bank can't touch their SS but my question is can they come after other assets like their house which they have a mortgage on or their car which is the only car... Read more »

Timothy Denison
Timothy Denison answered on Nov 5, 2019

Yes. They can come after their assets such as their house and car, although they would be secondary to the mortgage holder on the house and the note holder on the car.

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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: I am my parents primary caretaker and I have moved in with them full-time.

I am my parents primary caretaker and I have moved in with them full-time. What rights do I have as a caretaker and living in their home? Are there any legal documents that should be in place to protect me and/or my parent? And what type of law this is fall under, family law or elder law?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 29, 2019

In whatever state you are living with your parents you need to go see an estate planning attorney. They can help with the documents that you need for yourself and your parents.

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1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Florida on
Q: How do I answer summons in TN, when I'm in FL. Civil to force sale of my inheritance, gma's house. No notice of probate.

I'm supposed to appear in Hamilton County Civil court to defend against split of property by sale. Relatives lied to me, never had POA, spent Gma's money. I'm broke. My dad died 9 days before Gma. I got severely depressed, overwhelmed. Tried to get atty's to help, but over the last year 2 agreed,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

The ONLY way you can do anything to protect yourself is to go to the hearing and tell the judge everything you told us here.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Elder Law for Florida on
Q: Is there an abandonment law on elderly couple married for over 40 years. One starting to have some major medical issues

I am trying to find out the Ohio laws if there is any abandonment laws on elderly. It is a very complicated story back in July we received a phone call from a hospital on in Ohio that they had my father n law there and stated that he has been and put off the hospital so much that they are not going... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Sep 24, 2019

You mentioned that the divorce was filed - was it filed in Ohio or Florida. It’s very important that he contact an attorney in whatever State the divorce was filed so he can obtain advise specific to his situation.

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1 Answer | Asked in Elder Law for Florida on
Q: What should my wife be doing regarding an aunt that has no other relatives and who recently had a stroke?

My wife's aunt lives in Texas and we live in Florida. We are concerned for her care as we don't believe she has anyone designated as a surrogate or anyone having a POA

Jason E. Neufeld
Jason E. Neufeld answered on Sep 19, 2019

Your wife's aunt could certainly hire a Texas elder law attorney to draft a durable power of attorney to allow your wife to help as best she can from Florida (assuming aunt has capacity to understand what she is signing after the stroke). More likely is that a care advocate will need to be hired to... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Florida and Medicaid for Nursing Home:

My mom was just approved for Medicaid after being placed in a nursing home in Florida. At the time of application, my dad had well under his allowable $126,420 in assets. My parents home in MI was exempt in regards to the Medicaid application process. My dad wants to sell the MI home now. The... Read more »

Jason E. Neufeld
Jason E. Neufeld answered on Sep 19, 2019

Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the... Read more »

1 Answer | Asked in Criminal Law and Elder Law for Florida on
Q: iam 72 years old my son has had me wire tap for 2 years with the intention of making me crazy ended up causing me ptsd

is there any legally that i could do too him

Henry George Ferro
Henry George Ferro answered on Sep 6, 2019

You should communicate with the local sheriff's office and file a complaint against him...

1 Answer | Asked in Elder Law for Florida on
Q: Can I sell my home in Florida without Medicaid taking proceeds?
Jason E. Neufeld
Jason E. Neufeld answered on Jul 24, 2019

With proper planning in advance of the sale, you can avoid Medicaid touching any of the proceeds.

You have the option of selling with the intent on purchasing another home, which I talk about in this article:...
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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: We want to sell my Mom's home in Florida, but don't know where to legally place the funds afterwards. Help please?!?!

I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jul 24, 2019

You need to contact an experienced elder law attorney who can explain your options to you. If your mom's home is her homestead, and she is now in need of skilled nursing and may qualify for Medicaid, please take the following into consideration:

Homestead is not a countable asset; it is...
Read more »

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1 Answer | Asked in Elder Law for Florida on
Q: Can a POA in charge of someone with dementia/alzheimers change the will of the care receiver?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 10, 2019

No, the person appointed by a power of attorney cannot change the will of the principal (the person who signed the power of attorney).

2 Answers | Asked in Estate Planning, Elder Law and Probate for Florida on
Q: My Aunt recently passed in FL. No marriage or kids, I'm her next of kin. I am handling her funeral arrangements.

I am from AZ. How can I become her executor or power of attorney to be allowed to clear her estate & obtain some medical records? There was no will, her estate value seems to be around $1k.

I am funding her arrangements myself, cremation, marker, urn, etc.

I know she has a small... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 3, 2019

Unfortunately there is not free help in Florida. There is a procedure for administration of small estates which basically involves sending the forms to the clerk and the Judge will enter an order distributing the assets to you. The clerk may have the forms available for download on their website.... Read more »

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3 Answers | Asked in Elder Law for Florida on
Q: I am successor trustee in my fathers trust. Am I able to sign the title of his car over to a buyer in the state of FL?

The car is paid for and is in his trust.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2019

If the car is registered in the name of the trust, yes.

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