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Florida Elder Law Questions & Answers
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 »

2 Answers | Asked in Elder Law for Florida on
Q: Is a POA the same as guardianship? Differences please. This is for a person who is competent and in a nursing home.

My sister is in a nursing home in Pensacola, FL. They advised me to seek guardianship or POA. What are the differences and limitations or each? I live in Maryland.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

You may find this list helpful as a reference possibly and for guidance.

Power of Attorney v. Guardianship

The POA agent (appointed person) is chosen by the principal (the one who appoints authority or giving POA) The guardian (appointed person) is chosen by the court.

Less...
Read more »

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1 Answer | Asked in Elder Law for Florida on
Q: The administrator at my sister's nursing home advised me to apply for guardianship or POA. Can you assist with questio?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2021

If your sister has mental capacity and is able to understand and comprehend then you can accomplish what you need with a Florida Estate Planning Attorney drafting a Florida Durable Power of Attorney, if you sister is unable to comprehend things and is lacking mental capacity then you will need to... Read more »

1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's ALF paperwork.

Association:

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 11, 2021

You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Elder Law for Florida on
Q: Is this an arbitration clause and should I sign it? Received in my father's assisted living contract.

And not by court action except as provided by Florida law for judicial review or arbitration proceedings.

Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the notice of pending... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2021

If you don't understand the arbitration verbiage in the contract, have an attorney explain it to you. It basically means that, if there is a dispute over the contract, you will have to arbitrate the dispute instead of filing a lawsuit. See:

https://en.wikipedia.org/wiki/Arbitration

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Florida on
Q: My mom's legal rights to her half of the profit from their home he refuses to let her have her half of the $$

My step dad does not like my mom's family and he refuses to let my mom do what she wants with her half of the profit from selling their home..what's her legal rights to her half of the profit.

Nicole Vette
Nicole Vette answered on Apr 25, 2021

Is they are divorcing then she would likely get half the proceeds. If there is not a divorce then the proceeds will be wired to a joint account or an account the parties designate. Thereafter, there would be no rules on how the money is spent because the courts are not involved. Your mother would... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: Can the concept of apparent authority apply to a medical POA?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 7, 2021

There is no concept of apparent authority for a POA unless there are documents indicating the person that is giving the authority is incapacitated and has indicated previously prior to incapacity that they wanted someone else to handle their affairs.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My friend had 2 place her daddy in a facility, SHE asked me 2 move in her daddys place , in order to keep her

homestead exemption going.. ? she hired a lawyer for his estate & THEY SAID no one can rent or live there. because it , would not meet medicare restrictions , she would not recieve payments for her daddys care in the facility ?... IS THIS TRUE OR FALSE ?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 23, 2021

It is true that her father would lose his homestead exemption and the value of his home would then be a countable asset for Medicaid purposes (not Medicare) and be subject to claims after his death if the home is rented to an unrelated third party. A child or grandchild can reside in the home and... Read more »

2 Answers | Asked in Elder Law for Florida on
Q: What can I do to gain a durable power of attorney for my elderly mother?

She had a severe stroke and unable to make any decision or do for herself.

Phillip William Gunthert
Phillip William Gunthert answered on Mar 22, 2021

If your mom is mentally competent and able to comprehend and act then she can have Florida Durable Power of Attorney Documents drafted and you can use these documents as needed. If your mom is mentally incapacitated and unable to comprehend and act then you will need to pursue and seek guardianship... Read more »

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1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My dad is 93 and can no longer care for my stepmother who can't walk. What will happen to her if he leaves her

They live in a retirement home with limited ability to care for her and it is very expensive

Jason E. Neufeld
Jason E. Neufeld answered on Mar 21, 2021

Below is a link to a video I created that explains how to get help paying for home-health care through Medicaid-planning.

https://youtu.be/b2pt20YdjLc

1 Answer | Asked in Arbitration / Mediation Law, Family Law and Elder Law for Florida on
Q: Sibling dispute over a widow dad. What paperwork I file in order to be able to get our dad some time of the year?

My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.

1 Answer | Asked in Constitutional Law, Elder Law and Government Contracts for Florida on
Q: Can public housing move me to a handicap apartment and I'm not handicap?
Charles M.  Baron
Charles M. Baron answered on Nov 19, 2020

You have not specified why that would be harmful to you. I would imagine that an apartment for the handicapped would have more benefits than a regular apartment, not less (for example, a larger bathroom and being on the ground floor), but I have no familiarity with it. You also have not specified... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Florida on
Q: My mom moved in with me so I could take care of her as she does not want to go into a home. She paid off my mortgage.

and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... Read more »

Jason E. Neufeld
Jason E. Neufeld answered on Nov 12, 2020

Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.

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