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Florida Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Florida on
Q: Is it a criminal act in Florida to provide an attorney with a fraudulent email address?

Attorney is doing estate planning for an elderly client who was brought to this attorney by a relative. Elderly client has comprehension issues due to age and illness. Relative provides attorney with an email address he has created for the client without her knowledge so that the attorney can... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 4, 2015

While this may not actually be criminal, it certainly lends way to the conclusion that undue influence and manipulation are being used.

1 Answer | Asked in Elder Law for Florida on
Q: Can an elderly person under florida law be denied visitation rights with his married spouse if he/she is in a nursing ho
Keith Petrochko
Keith Petrochko
answered on Jul 26, 2015

This may be a violation of the nursing home rights. You should contact a lawyer as soon as possible.

1 Answer | Asked in Elder Law for Florida on
Q: How do you declare a parent unfit to manage their finances in the Florida?

My mother is about to go into foreclosure because of financial incompetence and inadequate income to support her current home. What can be done to ensure she does not foreclose. Please advise. Thank you in advance.

Robert Jason De Groot
Robert Jason De Groot
answered on May 21, 2015

Go see a local attorney about these problems. Perhaps you need to start a guardianship of the person and property, and also deal with the mortgage company to perhaps modify the mortgage.

1 Answer | Asked in Elder Law for Florida on
Q: can my step children make a power of attorney document on my dieing wife with out my consent. I am her husband .
Robert Jason De Groot
Robert Jason De Groot
answered on May 7, 2015

Go see an attorney about this. It is the wife that would be the one to get a power of attorney done, not her children. This seems to indicate undue influence, the way you have written the question.

1 Answer | Asked in Elder Law for Florida on
Q: I live in Florida and my mom is in Maryland do we need a Maryland or Florida eldercare attorney?
Robert Jason De Groot
Robert Jason De Groot
answered on May 7, 2015

If your mom is going to stay in MD, she needs an elder care attorney there.

1 Answer | Asked in Elder Law for Florida on
Q: If a husband needs his S.S. to pay for assisted living can his 58 yr old wife get assistance?

My friend in Fla has a husband whose health is quickly declining. They live on his 1400/mo S.S. She is not well either and cannot go to work. Can she file for assistance if he is placed in a care home and his S.S. is used to pay for his care?

Robert Jason De Groot
Robert Jason De Groot
answered on Apr 15, 2015

People who need assistance should seek it themselves. Whether someone should apply for disability or social security depends upon their circumstances. It appears to me that she should probably be filing for social security disability, but I do not know enough facts.

1 Answer | Asked in Elder Law for Florida on
Q: I have DPOA for mother, currently in nursing home. Brothers came and obtained gaurdianship without any opportunity to de

Defend us in court. Final hearing coming. What can I do. Brothers power hungry. I spend 9 hours a day with my mother- 7 days week. Gaurdian brother comes 1 time month- if that

Robert Jason De Groot
Robert Jason De Groot
answered on Apr 13, 2015

You need to at least consult with a guardianship attorney in your area.

1 Answer | Asked in Elder Law for Florida on
Q: My grandma has a reverse mortgage and now has Alzheimer's. Dad has POT. Can he sell her home? She needs 24 hr care.

If she goes on Medicaid to go into a facility, will the state seize all of her assets?

Robert Jason De Groot
Robert Jason De Groot
answered on Apr 10, 2015

The father probably cannot sell the home. The state does not seize all assets.

1 Answer | Asked in Elder Law for Florida on
Q: Does a nursing home facility have the right to throw away and disregard a grievance that the guardian initiated?
Robert Jason De Groot
Robert Jason De Groot
answered on Mar 12, 2015

It depends. What did you mean by "right to throw away"?

1 Answer | Asked in Elder Law for Florida on
Q: What is a QIT and now that my father has dementia, how do I save his assets?

My father may need to go into a nursing home. He has Medicare and social security, but what happens when that runs out?

Robert Jason De Groot
Robert Jason De Groot
answered on Feb 23, 2015

The best thing to do is to actually go see an attorney about this. An attorney will be able to ask questions and get answers from you.

1 Answer | Asked in Elder Law for Florida on
Q: We are trying to move elder parent from Florida to Missouri. He resides in a residential care center in Florida. There i

There is a nonfamily member POA involved. He gets Medicaid and VA aid and assistance. If he leave Florida do his money in a VA trust get returned to the state of Florida for Medicaid recovery?

Robert Jason De Groot
Robert Jason De Groot
answered on Jan 31, 2015

Well it sounds like a formal guardianship should be established for the elder parent. You need to see a guardianship attorney.

1 Answer | Asked in Elder Law for Florida on
Q: a stroke left my husband incapacitated how can I take over his affairs.he cannot speak or write.

he is 79 years old.

Robert Jason De Groot
Robert Jason De Groot
answered on Jan 8, 2015

Well, you probably need to go see an attorney to find out if a guardianship is necessary here so that you can control everything, but I do not know if this is necessary because all I have is a question. If, for instance, all bank accounts are in both names, what do you need to be able to manage?... View More

1 Answer | Asked in Elder Law for Florida on
Q: Is there any protection for family/caregivers living in the home of an elderly uncle?

My husband and I moved to FL to care for his uncle who was recently diagnosed with dementia. His son is now after 2 years asking us to sign a lease and pay him (the son) rent to live in his father's home. We contribute to the monthly expenses/utilities as well as provide ALL care for my... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 31, 2014

As long as the son is willing to pay you an extensive amount of money to care for his father, sure you would be willing to pay rent. Look at this objectively. How much would it cost to put him into a home monthly? Find out. He gets much better care than he would ever get in a home. Take the upper... View More

1 Answer | Asked in Elder Law for Florida on
Q: Can my parents' facility not allow them to eat together in their formal dining room, now that one of them is in ALS?

They will let my dad eat in ALS with my Mom,. but she is not allowed in the main dining room. This seems to me to be discrimination. My Mom feeds herself, looks fine and can order for herself. After 63 yrs. of eating together, it seems disgraceful that they can't eat together in the dining... View More

David M. Goldman
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answered on Dec 31, 2014

This is not really a legal question.

1 Answer | Asked in Elder Law for Florida on
Q: Have small home in oldsmar with mortage husband 80 has alzheimers nursing home eventually need to sell home medicare law

Need to sell and move back to mass. need advice on fixed income

David M. Goldman
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answered on Dec 31, 2014

This should be posted under MA as you will be dealing with their rules, probably loose the money from the home in MA

1 Answer | Asked in Elder Law for Florida on
Q: How long If on medicaid and in a nursing home must one be to sell a house without govt taking money?
David M. Goldman
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answered on Dec 31, 2014

In Florida your homestead is exempt. If you sell the home, you will loose your exemption and the funds from the house will be at risk.

1 Answer | Asked in Elder Law for Florida on
Q: Can a assisted living facility that was waiting on waivers for parents give them a eviction notice if they don t pay
David M. Goldman
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answered on Dec 31, 2014

While the appliction is pending a facility will typically not require payments

1 Answer | Asked in Elder Law for Florida on
Q: Does FL law designate no locks on resident's rooms in memory care unit. Locks were removed and BR locks installed
David M. Goldman
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answered on Dec 31, 2014

Generally memory car units have locks on the Floors. I do not believe there is a statute directly on this and it would be up to the facility and / or governemnt regulations

1 Answer | Asked in Elder Law for Florida on
Q: wife has power of attorney over husbond he is in long term care facilitywith als. will medicaid pay if second to

medicare

David M. Goldman
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answered on Dec 31, 2014

You need to ask a complete question. Medicaid will pay if they qualify under the asset and income test

1 Answer | Asked in Elder Law for Florida on
Q: how can I get medical poxy of my mother who has dementia? A granddaughter now plays the part. dementia person has 7 chil

what can we(children) do? Mother(dementia person) has no payee/guardian or power of attorney.

David M. Goldman
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answered on Dec 31, 2014

You need to visit a lawyer who handles guardianships.

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