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.
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 »
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 »
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 »
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..
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 »
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...Read more »
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.
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 »
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?
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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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