Get free answers to your Elder Law legal questions from lawyers in your area.
I want to prepare a deed, all free and clear. Dated, notarized and leave it with my will. How long is it good for without recording it at the county office? Ten years or after my death OK?
answered on Jan 28, 2019
How long is not your issue. The way you want to do it, the deed will never been valid because what makes the deed valid is actual delivery to the grantee during your lifetime.
Estate planning is complicated. See an attorney to get it done correctly.
answered on Jan 18, 2019
Usually someone will petition for guardianship. If there is no individual, then the state can assume guardianship. If there is a situation where someone is not being cared for, Adult Protective Services should be contacted and they can take the necessary action.
The association wants us out the 26 the landlord wants us out on the 31
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answered on Jan 7, 2019
Did you have a question? Given that it is January, it may not make a difference at this time, but you should seek help under real estate not elder law.
Medicaid forces an applicant to declare Gross Social Security as MAGI, before SS deductions rather than net. I have seen no references to "allowances" nor "spend down" to equalize this income/expense inequality by elsewhere declaring SS premiums as deductions. That said, a... View More 
answered on Jan 2, 2019
If you are applying for ICP Medicaid (the program that pays for nursing home care) and are approved, Medicaid will cover Part B premiums. The Medicaid recipient will also be enrolled in Medicaid managed health insurance plan to cover prescriptions.
Spenddown is a concept that refers to... View More
I have read VA A&A is 1. totally countable medicaid income, (MAGI) 2. that only the pension portion of $735 is countable, and 3. that it is totally non-countable. She is recently in a nursing home and receiving A&A, and will be until Medicaid is applied for and approved. Then I shall... View More
answered on Jan 2, 2019
Let me give you the answer straight from the Florida Medicaid Manual 1840.0906.02 (re: Veterans Payments-Pensions)
"VA pensions are included as unearned income, excluding the amount of aid and attendance, housebound allowance, and unreimbursed medical expenses."
(So, the... View More
There is a 72 year old female senior citizen who lives as a single woman in her "Safe Haven" homestead residence in Saint Petersburg, FL, with total annual income of $7,800 approx. which is well below the IRS poverty line limits. The city government of Saint Petersburg FL is repeatedly... View More
answered on Dec 12, 2018
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code... View More
The documents we are currently working to get are regarding an LLC that my brother has, and mom is 49.4% partner. He Will not provide the business formation structure document ( not sure of the name), nor any financial info about what has been invested, what the company is worth, etc. Then he asked... View More
answered on Oct 29, 2018
You're looking for a copy of the operating agreement and an accounting of the business. As POA, you probably have the ability to hire an attorney and file a lawsuit to resolve business matters (check the document to make sure it provides this authority). The only (legal) way to force someone... View More
Credit on the house. If he passes, can his life insurance be used to pay off the house? Is there a way to protect an inheritance?
answered on Oct 23, 2018
It depends on whether there is cash value on the life insurance (if so, it may prevent Mom from qualifying for Medicaid - even though the policy is in dad's name). If there is cash value, there are way to plan around it to keep your mother Medicaid eligible. Here is an article that will... View More
answered on Oct 13, 2018
There is no age requirement. To qualify for SSI, one need only meet SSI’s asset and income tests.
they aren't?
answered on Sep 25, 2018
The person who you appoint to manage your affairs (or, in the case of a limited POA, to do certain specified things), via a POA, is called your "attorney in fact" (not the same as an attorney at law). No, that person doesn't have to be a relative.
my brother and I would like to buy my gentleman friends half of the home and own it myself. I know Medicaid will stop until I spend down the inheritance.
Is buying the 2nd half of the home an allowable way to spend down the money?
answered on Sep 25, 2018
You should visit with an elder law attorney in Florida.
The transaction you are contemplating sounds reasonable if you are receiving equal value in return. You might also consider other items such as a vehicle, prepaid funeral, repairs, etc.
Again, it is worth a visit with a... View More
neglected?
answered on Sep 15, 2018
That is a very good question. I think you should contact a nursing home neglect and abuse attorney to complete a review of your grandmother's claim, which certainly each case needs to be looked at on a case-by-case basis. You are welcome to give our office a call to begin this review process.... View More
I inherited money and I would like to buy out my friends half of the house and own it myself. Would this be allowed under the Medicaid spend down requirement in the state of Florida?
answered on Aug 31, 2018
As long as you live there and are paying fair-market value, I don’t see a problem. Make sure to report the change in circumstances. Also the timing of the inheritance/real estate transaction is important.
claims court to secure a judgement for restitution? We sent all our info into the state Attorneys office. Any thing more we should do. We were scammed out of $6,000 dollars. sm. Claims only goes to $5K...but 5 is better than none. Advice? We are both over 65. Roofer took 50% cash deposit,... View More
answered on Aug 23, 2018
If the state attorney is already prosecuting the case, any plea offer or sentence to be imposed will involve restitution being paid back to you. Call the state attorney and get a status on where the case is as far as being resolved or going to trial.
the owners move to Ohio and the house remains in Florida? My parents will be returning to Ohio soon and will require moving into assisted living and possibly a nursing home down the road.
answered on Aug 15, 2018
The answer depends on several factors that should be reviewed by an elder law attorney including whether the property will continue to be their homestead. To maintain a Florida homestead, they must have an "intent to return" meaning that if they did not have to leave to be cared for in... View More
want the furniture in it but wanted it to stay until she sells the house. it has been 8 months in probate court and since that time, she has not been to the house. She said bills etc were being paid via a trust we have . We were called by a neighbor because the house and landscaping are out of... View More
answered on Aug 3, 2018
No, I don't see a problem with your taking possession of the furniture. You might advise the personal representative of what you intend to do, in case the PR has a problem with your doing so.
answered on Jul 27, 2018
If your father is capable of signing (i.e. has the ability to understand what he's signing), then you/he would go to an elder law attorney to assist with drafting the durable power of attorney and health care surrogate / health care POA documents.
Happy to assist.
Best,... View More
answered on Jul 10, 2018
Out of state incapacity planning documents (such as health care surrogacy/proxy docs and durable power of attorney) are legally valid in Florida. But practically, since the documents are different, you should consider redoing them with a Florida lawyer.
I have seen providers in Florida... View More
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