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Florida Elder Law Questions & Answers
1 Answer | Asked in Criminal Law and Elder Law for Florida on
Q: Libelous statement in guardianship hearing can I sue or go on record to say it's a lie? How

My grandma was given a temporary professional guardian in Jacksonville FL (she is in a nursing home). I had an attorney file a competing petition for guardianship. Now, that guardian I is claiming that I stole money from my grandmother and didn't pay for her nursing home bill (we paid them... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 28, 2017

From you statements, you hired a lawyer to file a petition for guardianship. You need to be discussing this issue with that attorney. Your guardianship attorney is in the best position to explain why the hearing was cancelled.

Your second question is can someone lie without proof. Yes of...
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1 Answer | Asked in Elder Law, Health Care Law, Libel & Slander and Estate Planning for Florida on
Q: Bro in FL put in med home by wife with Durable Power of Atty. As CA relatives, how can we get back rights & new DPOA?

Bro in FL; we in CA. He had stroke about 8 yrs ago; she tried to dump him in home last fall claiming physical function gone. Speech impaired, but not truly disabled. She transferred properties to her and her kids leaving nothing for him or his. Not concerned about prop.; but he is a 23 yr Navy... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 18, 2017

You need to hire a guardianship lawyer / estate planning attorney in the area where your brother currently resides. If your brother is competent then he can simply execute new durable POA's for financial and health Care to you and revoke the ones to her. Then you will have the authority you... View More

3 Answers | Asked in Elder Law and Real Estate Law for Florida on
Q: My mother before she died put me on the deed as sol suvivership on her home. My sister believes she is entitled to a 1/3

Of the money from the sell of the home because the will said the assets were to be divided among me and my two sisters. Is she entitled to part of the money?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 17, 2017

If you mother placed you on the deed during her life as a joint owner with survivorship then at your mothers passing you became the sole owner of that real property. The transfer is referred to as an "inter Vivos transfer" which based means a transfer during life.

A transfer...
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1 Answer | Asked in Elder Law and Probate for Florida on
Q: I just had my fathers will over turned When can I move in to my fathers house?

The lady who faked my fathers will lives in the home now . What do I do?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 16, 2017

There is not enough information to be able to answer you question.

I understand that someone got your father to sign a will and you successfully got that will overturned in court.

However did you also do a probate of the estate yourself?

If not you likely need to complete a probate first.

2 Answers | Asked in Elder Law for Florida on
Q: The nursing home where my grandma lives has gotten a temporary guardian for my grandmother and they are having a compet

The nursing home where my grandma lives has gotten a temporary guardian for my grandmother and they are having a competency hearing (calling her indigent and challenging her competency). Her hearing is on July 31st. Should I get a lawyer to contest the guardianship? Is this okay? the guardian... View More

Thomas Tripp
Thomas Tripp
answered on Jul 14, 2017

It sounds like an energency temporary guardianship has been established and that the final hearing is set on the 31st. Unless you want the current proposed guardian to be appointed you must insert yourself into the proceeding with your own lawyer. The Court has appointed an attorney to look out... View More

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1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: Can you tell me of there is a way to revoke a power of attorney for my grandmother?

One of her children has power of attorney. She refuses to give my grandmother the name of her attorney, a copy of her will, her financial records or a copy of the POA. My grandmother also suspects mismanagement of her finances. Her child has also begun renovations of my grandmothers house... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2017

Unless it is a so-called irrevocable POA, certainly she can revoke it. She should speak with an attorney, but the first thing she should do is notify the attorney-in-fact (the person who has the POA), in writing, that it's revoked. Then tell whoever is doing the renovations to get out. That... View More

1 Answer | Asked in Criminal Law, Elder Law, Juvenile Law and Small Claims for Florida on
Q: Hi I'm 19 an my girl friend wants to move in with me (16) her mom is immorale an insults an degrades her daughters

I was wondering if I could get into any legal trouble if she did come with me I want to help but scared that her moms kids could go to foster care or I could get prosecuted for harboring

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 9, 2017

Technically you 16 year old girl friend does not have the right to choose where she lives. It is up to her parents.

Your biggest danger is that she is a minor and while you do not state anything about sexual relations, if such is occurring you could get prosecuted for statutory rape. The...
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1 Answer | Asked in Elder Law and Foreclosure for Florida on
Q: 1. Does Co-borrower under age of 62 who signed HECM have right to occupy the home after death of primary borrower?

I am one of several defendants involved in a reverse mortgage foreclosure lawsuit filed by Reverse Mortgage Solutions (RMS) on 15 January 2013 The case has dragged on for over four years, opposing counsel’s attorney fees are approaching $20K with a Non-Jury trial scheduled for 19 July 2017.... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Jun 30, 2017

The loan documents and the other pleadings filed in the foreclosure will need to be reviewed to give you an answer. With a Non-Jury Trial scheduled and possibly a Consent Judgment already in place, it may be a little late in the process to be of much assistance. Best of Luck! Jennifer

2 Answers | Asked in Elder Law for Florida on
Q: My dad is a veteran - does he get anything from the VA to help with assisted living?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Jun 23, 2017

Most likely yes. If you dad get VA benefits and likely Social Security benefits then both can help towards assisted living. I suggest that you speak with a health facility and let them know what benefits that your dad does get. The facility can usually help in getting his retirement benefits... View More

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3 Answers | Asked in Elder Law for Florida on
Q: I am concerned about an older neighbor

- I'd like to call adult protective services, but don't want the family to know I've called - can I do so anonymously?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jun 9, 2017

Call APS and ask before you give details. However, it will likely come out later that a neighbor called APS so I would say to assume that the family will know or suspicion that you or another neighbor called in the report.

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2 Answers | Asked in Elder Law for Florida on
Q: How do I get guardianship over an elderly person who is unable to talk?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on May 26, 2017

Being unable to talk doesn't necessarily mean unable to understand. If can understand, can utilize power of attorney - no need to go through guardianship. Hire an elder law attorney to walk you through the procedure.

If unable to understand, need a guardianship lawyer to handle the...
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2 Answers | Asked in Contracts, Elder Law and Real Estate Law for Florida on
Q: Quit Claim Deed signed under duress without presence of Notary or witnesses. Is it binding in Florida?

My brother's wife bullied my 92 yo father into signing over his house to her and son and my dad was recovering from Pneumonia at the time and has regretted it ever since, even telling my brother he did it under duress and wanted his house back, but it fell on deaf ears. Now my brothers wife is... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on May 14, 2017

You need to take your father to a real estate attorney for a Consult. The more time that passes the worse the situation will become.

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1 Answer | Asked in Landlord - Tenant, Criminal Law and Elder Law for Florida on
Q: 73 year old landlord filed eviction for non payment of rent today. But can go after tenant for exploitation?

Exploitation of elderly palm beach Florida would this landlord tenant be covered under this law?

Andy Wayne Williamson
Andy Wayne Williamson
answered on May 10, 2017

You question seems to be missing a few details but let me clarify and then answer.

If I understand correctly, you are the 73 year old landlord who has filed an eviction action against a tenant for non payment of rent. Then you are wondering if you can file a legal action against the tenant...
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3 Answers | Asked in Elder Law for Florida on
Q: What steps should I take if I suspect the legal guardian of my grandmother is abusing her?
Andy Wayne Williamson
Andy Wayne Williamson
answered on May 8, 2017

Contact the Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). the will be able to walk you through the process from their and will launch an investigation.

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1 Answer | Asked in Family Law, Elder Law and Estate Planning for Florida on
Q: I am a co-trustee with my mother of the of the family Revocable Living Trust and the Sole designee of the Durable Power

I am a co-trustee with my mother of the of the family Revocable Living Trust and the Sole designee of the Durable Power of Attorney, both of which were executed in Florida. My mother has not been legally declared incapacitated although residing in a assisted living facility with the state of... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 29, 2017

There are too many factors to consider to give you an answer to your question. I strongly suggest that you seek the advise of an estate planning / elder law attorney to give him or her the overall picture so that they can take the same into account in answering your question.

3 Answers | Asked in Elder Law for Florida on
Q: My 78 years parents have a joint account for 1hundredand thirty five thousand are qualify for services

I am applying for long term manage care

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 14, 2017

You really need to seek the assistance of an elder law attorney before you take too many steps in this process. There are ways to properly do things and if mistakes are made it can be very costly or result in disqualification of benefits.

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1 Answer | Asked in Estate Planning, Probate and Elder Law for Florida on
Q: How is the probate court choose an Admin Ad Litem, and when is evidence will be submitted?

Where could we learn more on how Admin Ad Litem work/ assigned by probate court to decide on undue influence. Thank you in advance.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 8, 2017

Typically an administrator ad lite. Is appointed by the court to represent the interest of a Minot or incompetent person or possibly to assist the court in tracking down some type of evidence.

From the above question I cannot tell what purpose the court appointed the attorney as litem.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Elder Law for Florida on
Q: Father-in-law ex-girlfriend illegally/scammed transferred title of trailer home to her name and now & trying to sell

Together since July 2016. He met her, retired & moved into the trailer home, he rent the land in advance he is the primary &she is listed as an occupant. He and her name was on the home purchase but he purchased with his retirement bonus- it's his forever retirement home

For... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 6, 2017

There is not a simple answer to this situation. From the facts stated in your question the girlfriend will not agree to sign the trailer back over to your father in law.

Your father in law needs to speak hire a. Attorney to see if a legal action can be brought against her if only he paid...
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1 Answer | Asked in Estate Planning, Consumer Law, Elder Law and Real Estate Law for Florida on
Q: My mother help me buy a house with credit I am on the deed she is on the mortgage if she's committed to a nursing home

Do they have the right to seize the property as an asset even if I pay the mortgage and have been doing so for the last 15 years I am on the Deed do I have a will drawn up need help

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 4, 2017

Based upon the wording of your question. I am a little unclear about a few issues.

I will answer this way.

The mortgage company has the right to take the house if it is not paid. Most likely you are both on the mortgage and possibly only your mother is on the promissory note. The...
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1 Answer | Asked in Elder Law, Health Care Law and Medical Malpractice for Florida on
Q: In Florida, where do I report nurse unethical conduct?

As far as I know 4 instances of nurse unethical conduct were committed against me at a surgical facility on 3-21-17. These unethical acts took place in a period of from 9am--11am approximately.

Peter N. Munsing
Peter N. Munsing
answered on Apr 3, 2017

Whatever board that regulates medical facilities and nursing.

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