Get free answers to your Elder Law legal questions from lawyers in your area.
This past week my Great Aunt was diagnosed with Dementia. I made the doctor appointment for her, took her there & she signed health care proxy. Family & I all seen the signs of dementia but no one ever stepped up other then my grandmother (great aunt's sister) my grandmother has me... View More 
answered on Nov 21, 2017
If your Great Aunt is still is capable of meeting with an estate planning attorney and letting an attorney know what her wishes are regarding designating a durable power of attorney or other estate planning, or if she already has an estate planning attorney, then an appointment can be made for her... View More
answered on Nov 17, 2017
I've written two articles about this very issue. Copy and paste the links below:
https://www.elderneedslaw.com/blog/estate-planning-attorney-vs-medicaid-planning-attorney
https://www.elderneedslaw.com/blog/how-an-elder-law-attorney-is-similar-to-an-estate-planning-attorney... View More
The person we're trying to reach resides in a nursing home and we are not able to speak with him. We sent a certified letter addressed to this person in the nursing home and received no response. We found an alternative mailing address through the Property Appraisers Office. We sent a... View More
answered on Oct 30, 2017
Typically a power of attorney is not recorded within any public data base. The POA can be recorded if desired, but often is not. Sorry, but no way to find out that I am aware of.
Good luck,
answered on Oct 27, 2017
First consult with an attorney in your area who handles undue influence cases to get a background on what it looks like. If that is occurring here, then work with that attorney to address it. Also, if your mom is potentially incompetent, you may need to look into a guardianship action.
Go... View More
my mother in law keep falling due to her many ailments. The nursing home removed her bed from her room and placed the mattress on the floor. When I arrived, I saw her on the mattress ( on the floor). I spoke to the nurse and requested that the bed be put back in the room. They put the bed back... View More
answered on Oct 25, 2017
The standard is not legal or illegal. It is reasonable under the circumstances. Obviously the appearance of a mattress on the floor is not good. It sounds as though the reason was to prevent injuries due to falling. You should have a discussion further with the nursing home about other alternatives... View More
How do I do that
answered on Oct 16, 2017
You should seek out a consultation with a local elder needs lawyers. However, the answer will turn on whether your mother has the capacity to sign documents. I included a link below to an article that further explains this concept.
If mom is completely cognitively incapacitated as a result... View More
We are concerned that we will be held liable because she won't eat. She uses food intake to try to get her way. Should we be worried?
answered on Oct 8, 2017
Sorry really no way to say for sure. Normally no but it would depend upon the facts of future actions.
By signing the paper, are we responsible for any medical bills, debt etc?
answered on Oct 1, 2017
If your mother is in a Florida facility, the facility is probably asking you to sign a health care proxy form so you can make medical decisions for your Mother. The form itself does not obligate you to pay your Mother's bills while making decisions as her proxy.
Have not qualified for Medicaid at this time. Nursing home will put a lein on it they say. Will I lose my interest in this home ? Will the nursing home recoup from her half or both halfs?
Can they demand sale?
answered on Sep 25, 2017
You should retain an experienced elder law attorney to review your mother's assets and help you determine if she is qualified to apply for Medicaid/ICP program. Homestead property is generally exempt from countable assets for Medicaid, and if the property is not part of your mother's... View More
answered on Sep 19, 2017
Sortof depends upon how or what evidence there is of the resident being mentally fit. Also, it depends upon what evidence there was to place the resident in the facility in the first place.
Ultimately, there is just not enough information here to say one way or the other.
Best... View More
Mother has Alzheimer's and is no longer competent. When she dies, how/where is her Trust executed. Daughter lives nearby in California. Are there any steps that should be taken?
answered on Sep 17, 2017
If the trust was created when she was residing in Florida, assuming she was competent then, it is probably still valid. When the time comes to administer the trust ("Executed" normally means signing by the trustor not administration by the trustee), the trustee should check with an... View More
She was court ordered to a Phyc. facility for a month and the ALF doesn't want to pay back in full for the month she was not there. Can I sue to get the money back?
answered on Sep 4, 2017
Potentially yes, but it is likely that the cost of suing will cost you more than the lawsuit is worth.
Good luck.
i filed an incapacity lawsuit to determine whether my father capable of handling his finances and day to day chores and needs. all three court appointed doctors came to the same conclusion of my father is being completely incapable. my sister decided to take care for him and and one point i told my... View More
answered on Sep 3, 2017
Sorry for your situation.
There is not enough information here for me to make any determination of wrongdoing.
Best suggestion is for you to consult with an attorney in your area versus this online free Q&A website.
A contractor worker for my Mom has befriended her and been very helpful to her, with my sister and I living far away. She has allowed him to take the car to his home and take her places when she calls ahead. My concern is who is driving the car when he has it. If he were to let uninsured folks... View More
answered on Aug 25, 2017
Yes you have a dangerous situation. Under Florida law the owner and the driver of a vehicle is liable for any accident involved.
Not sure how you fix the situation from the distance you are but you try to stop this person from driving the car.
Good luck.
And also my property deeds, if I not longer want them there.
answered on Aug 20, 2017
You can PROBABLY close the financial accounts and open new ones. There MAY well be tax consequences to that however. A BETTER solution would have been to list them as payable on death beneficiaries. Talk to a local estate planning attorney before you do ANYTHING else or you may be making things... View More
She has $1900 a month in social security, and a $760 monthly car payment, owes $40,000 altogether, for a car that was insured by my father for his use. Can she pursue legal action as he is no longer insuring or operating the vehicle, and she cannot drive or afford the vehicle now that her son has... View More
answered on Aug 19, 2017
Your grabdmother needs to consult with an attorney about this issue.
There's not a way to answer this question based upon the facts presented.
I hit her son with a pillow so she got into me and my friends face threatening us
answered on Aug 19, 2017
If you hit her that is referred to as battery. It is a crime. You would likely be arrested and taken to juvenile detention. (Sometimes called kid jail).
I do not condone the actions of the lady but your actions have consequences both positive and negative.
Hopefully you did not... View More
Identify his body his son told the corp that his dad had no teeth he had tattoos and he had it resected me at first everything was fine he just had to bring it then if Acacian down with his name on it and that he was come could come to collect his father's wallet and money and the keys to his... View More
answered on Aug 10, 2017
There is nothing I can do to help you via this free online blog.
Your fiancé needs to hire a probate lawyer in the county where his dad passed to start probate proceedings. Via a probate your fiancé will have legal authority to do the things necessary to handle the estate and properly... View More
My sister, Lisa, who lives in California and was, in the past, Executor and had POA for my mother; has taken money out of her checking account. The monies she has taken is from Mom's social security payment and is used for her rent at an ALF. She is NOT an authorized signatory on the account.... View More
answered on Aug 7, 2017
Yes. The facts ht you describe is theft. You should file a police report and change all passwords ect asap.
My ex is 67. His only assets are $1500 in SS and a condo in Ft Myers worth 50K. He has recently been diagnosed with Parkinsons/dementia and is now wheelchair bound. In July ex went from a SNF in Ft. Myers to an AFCA house for 2K/month, but this is a temporary situation, and one he can't... View More
answered on Jul 31, 2017
This site is a free service that we lawyers donate our time to answer basic legal questions for folks like yourself.
This situation is quite complex and there is not a simple answer via this type of forum.
Also, I have no idea what a "Predatory elder care attorney" is... View More
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