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Florida Elder Law Questions & Answers
Q: Will adding my mom to my deed affect Medicaid's 5-year look-back?
I live in Florida, and my mother has recently moved in with me from out of state. She's going through a divorce, and I'm her caretaker. Although she is not currently receiving Medicaid, she might need it in the future. I want to protect her funds from being affected by Medicaid. My home... View More 
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Jason E. Neufeld
answered on Oct 5, 2025
answered on Oct 5, 2025
If she is actually moving in with you, I have no problem with mom purchasing an equity interest in your home (she pays you funds, you add her to the deed). So long as the purchase is for fair-market value or in your mother's favor, it would not negatively impact her Florida Medicaid... View More
Q: Which POA is needed for elderly parent for healthcare decisions in Florida?
I'm looking into setting up a Power of Attorney (POA) for my elderly parent who is able to make healthcare decisions now, but whose health is declining. There's no existing POA, and I am the sole family member involved in decision-making. I'm considering a long-term solution. What... View More
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Jason E. Neufeld
answered on Sep 26, 2025
answered on Sep 26, 2025
While healthcare decisions can be made via a well-drafted durable power of attorney with medical powers drafted within it. Doctors and hospitals are used to asking for what is known as a "Health Care Surrogate Designation" - this is a document that is tailored specifically for designating... View More
Q: Can husband's rights override stepson's power of attorney in FL?
I am concerned about the extent of authority my wife's son has over her decisions, as he has a power of attorney for her. Recently, he decided to place her in an assisted living facility without consulting me, her husband. I'm unsure about the specific terms of the power of attorney,... View More
Phillip William Gunthert
answered on May 21, 2025
answered on May 21, 2025
I am sorry for your struggles, the power of attorney will override the ability of the spouse (you) to make decisions in the State of Florida, you would have to petition the court for guardianship or you would have to get a power of attorney to override and replace the one that the son has in place... View More
Q: Does Florida have a law concerning Homestead that if you are a divorced widow you cannot claim this exemption?
I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption... View More
Phillip William Gunthert
answered on Jan 24, 2025
answered on Jan 24, 2025
If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.
You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse,... View More
Q: Does Medicaid ever approve benefits to people who have no other assets other than land property?
My sister is disabled due to a stroke in 2019 - after which she was in a California skilled nursing facility up until the end of September 2024 when she relocated to Florida. She was covered through Medi-Cal while residing in California. She's not eligible for SSDI - didn't earn enough.... View More
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Anwar Elias Hadeed
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answered on Jan 24, 2025
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answered on Jan 24, 2025
Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:
Exempting the land: If the land is essential... View More
Q: Florida. special needs trust signed in 1990 I have never been evaluated by Social Security or certified DISALED?
Having some spinal issues and doing this on a microphone. My relationship with my two sisters as trustees is deteriorating in the prognosis is not good and the forecast is cloudy. So I have several issues. They have a lot of money. They really do not want to be bothered with this. This is a... View More
Phillip William Gunthert
answered on Jan 6, 2025
answered on Jan 6, 2025
You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as... View More
Q: Is transferring money from a trust to caregiver account a thing to get approved for Medicaid?
I have looked all over internet and all I see is getting paid as a caregiver but not this caregiver account transfer.my husbands step dad says it is needed to avoid look back to get Medicaid. His attorneys told him to transfer trust into caregiver account under my husband and I. Eventually after... View More
Lauren Nagel Richardson
answered on Sep 17, 2024
answered on Sep 17, 2024
Please make sure that you are working with a knowledgeable Medicaid Planning/Elder Law Attorney. There is a contract called a Personal Services Contract that when executed properly allows a front loaded payment to a caregiver or care manager (usually a trusted family member) based on the actuarial... View More
Q: My 86 year old mother in law is about to go into an assisted living facility, but may need to apply for Medicaid.
She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?
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Jason E. Neufeld
answered on Jun 13, 2024
answered on Jun 13, 2024
In Florida, the answer is: Yes.
If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).
For non-real estate/non-retirement assets (such as a car) which are already... View More
Q: My father signed a new will several times. We were unable to have it. notarized or witnessed. He is dying. Thank you.
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
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James Clifton
answered on May 26, 2024
answered on May 26, 2024
If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.
Schedule a free consultation to make sure your father's estate plan is formalized... View More
Q: My father signed a new will several times. We were unable to have it. notarized or witnessed. He is dying. Thank you.
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
Phillip William Gunthert
answered on May 27, 2024
answered on May 27, 2024
I am very sorry for father's illness and his health struggles ongoing. There will be a serious issue with such a Will in Florida, it will not be a valid Will as it does not meet the Florida Statutory requirements of F.S. 732.502 (you can look it up online), what you have described without any... View More
Q: Both my name and my mother's name are on the deed to her house. Also, her will directs the house to pass to me.
However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?
Phillip William Gunthert
answered on May 4, 2024
answered on May 4, 2024
Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.
My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More
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James L. Arrasmith
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answered on Apr 26, 2024
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answered on Apr 26, 2024
I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:
1. Document everything. Keep records and... View More
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.
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James L. Arrasmith
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answered on Mar 2, 2024
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answered on Mar 2, 2024
Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More
Q: My Aunt recently passed away and in her older years my mom’s name was on her bank. My aunt took out a forced loan
My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?
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James L. Arrasmith
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answered on Mar 2, 2024
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answered on Mar 2, 2024
In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More
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?
Lauren Nagel Richardson
answered on Jan 23, 2024
answered on Jan 23, 2024
I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More
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
answered on Jan 23, 2024
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
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?
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James L. Arrasmith
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answered on Jan 21, 2024
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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
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
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James L. Arrasmith
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answered on Jan 12, 2024
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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
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
answered on Nov 14, 2023
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
Q: Can my sister's debt be canceled due to Discover's plan cancellation?
My 81-year-old sister, who is disabled due to a stroke, recently received a notice from Discover stating that they will cancel her payment protection plan as of January 10, 2026. She has been paying $185.81 per month for this plan and has been with me as her caregiver in Florida for the past 15... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That situation sounds frustrating and confusing, especially after your sister has faithfully paid for years. The first step is to contact Discover’s customer service department in writing or by phone and ask for a full explanation of the plan cancellation. Request a record of all payments made... View More
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