Ask a Question

Get free answers to your Elder Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Florida on
Q: Will Medicare cover in-home nursing?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jul 9, 2018

On a very limited basis. I would strongly recommend looking into Medicaid Planning for additional in-home financial help.

Medicaid planning is a way to protect people’s assets from the threat of long-term care expenses. Most of my clients are between 65 and 90, own their own house and...
View More

1 Answer | Asked in Elder Law for Florida on
Q: Is long term care covered by any type of insurance?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jun 22, 2018

There are, in fact, Insurance policies that specifically cover long term care. You can read about it here:

https://www.elderneedslaw.com/articles/long-term-care-insurance.

Hope this helps.

1 Answer | Asked in Elder Law for Florida on
Q: Does Medicare cover nursing home costs?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on May 25, 2018

Medicare has a very limited nursing home benefit. They will pay full bill for 20 days. They will pay bill for days 21-100 but you’ll have a $167.50/day copay.

After 100 days, Medicare will not pay. Generally, you’ll then have to privately pay unless you qualify for Medicaid....
View More

3 Answers | Asked in Elder Law for Florida on
Q: What is the process for obtaining power of attorney?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2018

The principal executes the POA by which he or she appoints someone (called an "attorney in fact"). Such a document gives the attorney in fact the power to do certain things in behalf of the principal.

View More Answers

1 Answer | Asked in Elder Law and Foreclosure for Florida on
Q: Got a les pendens notice in mail. How long can I stay in home till I have to move. It is not being contested.
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

No way to say without more info. But if you just got a lis pendens that is typically done at the start of a case. Thus this appears to be the beginning of the case for you.

Good luck.

2 Answers | Asked in Elder Law for Florida on
Q: Father with dementia being moved to LTC facility. Wife won't put him in quality care to save 'her' money. Legal options?

Father and wife are in Florida. I have a sibling who is a nurse and is willing to have him placed near her in a northern state to provide additional care and support. But wife says no. I'm Concerned about wife's cognitive state and her ability and willingness to make decisions that are... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2018

Apply to be appointed his guardian. As guardian you would be able to make the decision.

View More Answers

1 Answer | Asked in Elder Law for Florida on
Q: Do you have to be 65 to get Medicare?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2018

"... People younger than age 65

with certain disabilities, or permanent kidney failure, or

amyotrophic lateral sclerosis (Lou Gehrig’s disease), can

also qualify for Medicare. ..."

https://www.ssa.gov/benefits/medicare/

1 Answer | Asked in Divorce and Elder Law for Florida on
Q: My friend is from Puerto Rico and is in her early 70's. She was happily married to her husband,

when his daughter, took him from the home while she was at the doctor's office and has literally taken over his finances, sold his home and car and filed for divorce in St. Augustine. She was given legal aid in St. John's County. She does NOT want the divorce. The case is to be... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 31, 2018

The case number in St. Johns Co. is DR17-1202, not 1201. You can view the docket at this link:

https://doris.clk.co.st-johns.fl.us/BenchmarkWeb/Home.aspx/Search

It appears that the case has indeed been transferred. The case in Orange Co. is 18DR002950.

Sorry, but I...
View More

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My brother has been placed in a assisted living facility can I get him moved?

He is not able to do anything for his self . I feel that he is not getting the care that he needs. He has been put in this facility by his wife.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 22, 2018

Unless you get his wife's permission or obtain either Power of Attorney over him or get guardianship over him, no.

I suggest that you speak with a guardianship attorney in the area where he is in the facility to get a detailed analysis.

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: I am POA for my step mom. Am I allowed in the room with her and her fincial advisor she has dementia?

I take care of her bills, her health care everthing on daily basis.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 19, 2018

You are allowed to be in the room. Technically if your step mom has dementia I am not sure why a financial advisor is trying to meet with her. It appears that the Financial Advisor has a concern of some type regarding your involvement. You should probably consult with an attorney who is familiar... View More

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Can my brother, who is the POA for my mother (has Dementia) appoint me as her Guardian? This is in Palm Beach County, FL

Mother has Dementia, in a nursing home. My brother (POA) is going to die very shortly (cancer). I am her health care proxy. Can he appoint me as Guardian and if so how do we do this? I'm trying to avoid having to go to a court, after his death, to seek guardianship. We don't have a lot of... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 15, 2018

No. your brother, as a POA of your Mom does not have the legal ability to appoint you as a guardian of your mom. Sorry for your situation.

I suggest that you consult with a guardianship attorney in the Palm Beach County area.

1 Answer | Asked in Elder Law for Florida on
Q: I placed my 89 y/o mother in a nursing home in Puerto Rico after she had fallen many times and broken multiple bones she

resisted . When hurricane Maria hit Puerto Rico I went to the island and brought her to live with me in Clermont Florida at the beginning she was ok but now I am going insane because she mistreats the people I have taking care of her and all she says she wants to go back to her house in Puerto... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 15, 2018

If your mother is 100% compentnent. You cannot force her to go to a nursing home. She will have to voluntarily agree to go.

2 Answers | Asked in Elder Law for Florida on
Q: My Dr.s say I need to get my elderly mother out of my house NOW, to keep my sanity. How do I do that?

I'm on disability for depression and since allowing my mother to move in with me 5 yrs ago, I have developed major PTSD. I was emotionally and physically abused as a child. And when my mother became unable to care for herself, I was the only person who stepped forward to take care of her. I... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 11, 2018

Sorry for your situation. I will try to give some guidance.

Short answer is that if you either own the house or are the tenant on the lease, you do not legally have to let her stay with you. It is admirable that you stepped up, but you can also step down. If she refuses to leave then...
View More

View More Answers

2 Answers | Asked in Family Law and Elder Law for Florida on
Q: How to get another POA for my mother who has dementia in FL? My brother is the POA, has terminal cancer. What to do?

Mother did not appoint an alternate on the POA. She now has dementia (I don't think she will have lucid moments anymore ) & my brother has terminal cancer. I am concerned if he dies, who will be my mothers POA. I am currently her health care proxy. Will I be able to make decisions for... View More

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Mar 8, 2018

It depends on how bad the dementia is. She needs to be able to understand what she is signing in order for a Durable Power of Attorney to be effective. This is called a “lucid interval” - you can read more about it at the link below.... View More

View More Answers

3 Answers | Asked in Elder Law for Florida on
Q: My grandmother is in Orlando. Her son and daughter don’t want to take care of her. Is there'sa law for that?

I need to know if there is a law that makes them take care of her. She’s 96 y/o

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2018

No, there's no law that I know of that requires children to take care of their adult parents.

View More Answers

2 Answers | Asked in Elder Law for Florida on
Q: My senile father is carelessly spending his money. Is it possible for me to legally take over his finances?
Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 2, 2018

Yes, You need to consult with a guardianship attorney from the area where he lives. It will be an involved situation that your father might fight you on, but if he is incompetent then you can seek a guardianship and legally be able to take over his affairs to protect him. This is not a DIY... View More

View More Answers

1 Answer | Asked in Estate Planning, Elder Law and Probate for Florida on
Q: is there help available?

I have a sister in-law that has epilepsy and is of diminished mental capacity. She receives ssi. Her family is dividing assets of her father's estate and I am afraid that no one is looking out for her interests. She will sign anything they tell her to but understands nothing. The will... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 26, 2018

I suggest that you use the find a lawyer feature of this site to search for probate attorneys in your area. This is a serious situation as you state and there is no way for an attorney to help via this online forum. You need to sit face to face with an attorney in the area where your sister in... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Florida on
Q: I am 66 years old .was told of rent increase after signing new lease. I moved and they put a eviction on my credit.

I

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 15, 2018

Not really enough information to say anything certain but it sounds like you breached the lease and the landlord filed and obtained a judgment of eviction against.

1 Answer | Asked in Banking, Elder Law and Probate for Florida on
Q: As VA legal representative for my mother and beneficiary of her will, she has no assets other than a $12,500 bank accoun

What do I do to get these funds that were to be used to pay for her funeral expenses released?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 7, 2018

It appears that your Mother has passed away. If so, you may qualify for what is called an administration without probate. Or a summary administration.

Best advice is to consult with a probate attorney from the area where you mother resided at her death to determine the best course of action.

1 Answer | Asked in Consumer Law, Contracts, Elder Law and Small Claims for Florida on
Q: Did the landscape contractor break any part of Elder Law by taking advantage of our age and trust?

I am 72 YO my wife is 64 YO we paid a landscaper 50% up front $6600.00 and the rest $6600.00 to be paid at the completion of the job for a total of $13,200.00. The Contract was signed Aug 8th we paid him on Aug 10th the job commenced on the 18th of Aug.2017 on Aug 30th the landscaper asked for... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 1, 2018

Can't say for sure just based upon the facts you present. I strongly suggest that you consult with an attorney in your area face to face to see if you have a case. (I am in NW Florida, so I cannot assist you from this distance).

Good luck,

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.