You can become a beneficiary payee with Social Security Administration. Typically you will need to go to your local SSA office and fill out the necessary paperwork.

However, depending upon your mothers condition and whether she has a durable power of attorney you may also need to look into... View More

The judge will probably make the appointment, but you could certainly ask to be involved in the process. The judge should enter an order providing how the administrator ad litem will be paid.

Elder Law or Medicaid Planning Law in Florida is a very specialized area. You should seek the advice of an elder law attorney to explain this issue to you in greater detail than I can explain here in this forum.

However, so long as you do not rent your mother's house to someone who is... View More

If you father has been diagnosed as having dementia the situation may be very difficult. In order to execute an advanced care directive for either a Medical Power of Attorney or even a financial power of attorney, the person executing the document needs to be of sound mind or within what is... View More

You would need to hire a probate litigator to contest the will. Let me know if you would like to be put in touch with one. But expect to pay a 5-7k retainer. These cases can get expensive.

I agree that this does not sound correct. There could be a couple of things going on here. (1) it is possible that your mom did make a will that left nothing to the five kids; (2) it is possible that her second husband may have exerted undo influence over your mom to get to write a will leaving... View More

Typically, theft of money from a guardianship will involve the Judge who is assigned to the case. Theft from a guardianship is a very serious issue, and would likely be considered a breach of fiduciary trust if the person who stole the money was the court appointed guardian. Most likely this type... View More

You should hire a lawyer to represent you in the case.

I see no reason why not. I would advise you make sure it is part of the Medicaid long-term care partnership program. This would be really useful if they later need Medicaid's institutional care program to supplement their long-term needs.

Here is an article explaining some LTC... View More

You bring up several issues:

(1) Last Will: you do not have a right to force your mother, your sister, or your mother's lawyer to show you her will. However, your mother may choose to show you the will if she so chooses, so I would advise a conversation.

(2) Mother's... View More

The lady bird deed is a tool that avoids probate, it is not designed to keep your affairs private (utilizing revocable trusts are better for privacy purposes). All deeds are filed with the county clerk, which becomes a public record.

The lady-bird deed (or any deed) must be recorded with the county clerk in order to be effective. At this point it becomes public record. Nothing about it will be private.

Its really hard to answer your question without additional facts. What, exactly, are you trying to do? Protect the home for Medicaid planning purposes? Is your mother trying to deed the house out of her name? Does your POA authorize you to do whatever you're trying to do (not all POAs are... View More

Yes - in fact it often makes sense to have more than one person empowered to make health care decisions for you should one person be unable to do so when necessary.

The blog which you link discusses aspects of New Jersey law. If you are in Florida, the case which it references might or might not be persuasive authority. But it would not be controlling authority.

Obviously, if they were promised one thing and given another, they may have a case. But... View More

Offer to take care of paying the bills. If he will let you do that, the problem should be solved.

A POA is voluntary; if he doesn't want to sign one you cannot force him too. What you need to do is to apply to be his guardian.

Not sure if there is another guardian already in place or if you are looking to institute a new guardianship proceeding. With a properly drafted durable power of attorney, guardianship can be avoided altogether (assuming mom still has capacity to understand what she is signing). If guardianship is... View More

No - the very purpose of an elder law attorney, who handles Medicaid planning, is to legally and ethically protect assets so your mother is not forced to be impoverished before qualifying for Medicaid. I would highly suggest you meet with a local elder law attorney ASAP to discuss the best way to... View More

There is no private right of action for HIPPA; ie a private citizen cannot sue you for a HIPPA violation. The government enforces HIPPA and you may lose any license you hold (nurse, doctor, etc) for a HIPPA violation or face professional discipline (but likely suspension or lose the license). The... View More