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
2 Answers | Asked in Elder Law for Florida on
Q: My brother had my senile mother sign a POA to him. Then sold her home in Florida, had her buy a home in N Carolina.

North Carolina register of deeds has her home address listed as brothers Fl address. He does not talk to me or let me or my child or grandchildren talk to Mom. I'm not sure if she actually lives in Fl or NC. What state would I file for guardianship in. He does not know I am aware of the NC... View More

Thomas Tripp
Thomas Tripp
answered on Jan 24, 2018

Typically, you file it where Is physically located so she can be evaluated by the court’s experts

View More Answers

2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I know there are options to protect current assets for medicaid coverage. Can the same protect income from pension?

My parents have 2 sources of income (SSI and Pension) and we want to have those protected from Medicaid consideration.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 24, 2018

Short answer yes. But proper planning needs to be done by an elder law attorney.

You can use this site to search for elder law attorney’s in the area where your parents reside.

Good luck.

View More Answers

3 Answers | Asked in Elder Law for Florida on
Q: My brother is first POA for my mother with dementia, I am second, sister third. I do not want to be POA. How do I excuse

In the State of Florida, she is in her own home at this time. I am also Health Care Proxy of which I do not want to be. I have family issues with my adult son who has a mental illness.

Thomas Tripp
Thomas Tripp
answered on Jan 21, 2018

You can resign/decline to serve in writing. Send it to your mother and the other two named agents.

Send it to your mother’s Attorney if she had one.

View More Answers

2 Answers | Asked in Elder Law for Florida on
Q: Mom gave her adult son checks of a few hundred dollars in his name to cash for her so she would have spending cash.

She wrote checks in his name sporadically throughout the years and he gave her the $300 or whatever the check was. All of the cashed checks averaged $2400 a year. Will Medicaid say, "Gift!" Son can't prove how money was spent. Son lived with mother for 5 years to be there at night in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 6, 2018

Why would Medicaid care?

View More Answers

3 Answers | Asked in Elder Law for Florida on
Q: How hard will it be to become a guardian over an elderly friend -- I am not a family member.
Thomas Tripp
Thomas Tripp
answered on Jan 5, 2018

Depends on many factors -- does the alleged incapacitated person have family and their dynamics, did the person create advanced directives that name people to act for them now, your background and relationship, etc. Contact a lawyer in the Jurisdiction where the person lives and go over... View More

View More Answers

1 Answer | Asked in Elder Law for Florida on
Q: How can I qualify for pro bono services?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 4, 2018

Call your local “legal aid” office.

1 Answer | Asked in Foreclosure, Constitutional Law, Elder Law and Probate for Florida on
Q: Need lawyer to assist me and my.85 year old mother with a conversion claim. Having difficult time locating a lawyer
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 2, 2018

You may want to call the police and adult protective services.

Copy and paste the following link to report elder abuse: http://elderaffairs.state.fl.us/doea/report_abuse.php

If its a case against a financial adviser or stock broker, reach out to me.

1 Answer | Asked in Contracts and Elder Law for Florida on
Q: What is the age to be considered an elderly?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 2, 2018

It depends on for what purpose. For example, I think you can join AARP when you turn 50. But age 65 is a good rule of thumb for Medicaid and disability purposes.

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: I am married and separated but not legally. My husband and I are good friends. Can I stop the children from taking over?

Up to a years ago, I was helping with my husbands care. His son moved in with him, one year ago, to care for my husband.

Now the son placed my husband in assisted care living. The son wants me to sign papers, so he can pay the mortgage and keep the condo

The son is worried because... View More

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 2, 2018

You need to sit down with a local elder law attorney to discuss all of this - its way too complicated to answer in forum such as this one.

Since you are still technically married you have very strong rights, especially with regard to the homestead.

1 Answer | Asked in Family Law, Contracts and Elder Law for Florida on
Q: My mom is 92 and I have issues with my sister that doesn't want to sell her apt to pay my mom's bills.

My mom need a person to take care of her 24/7 she owes an apt that is worth about 90K. I offered my sister to sell the apt and take that money and take care of my mom as I have no money to help pay the 1600 a month which I'be been doing for long time, but I don't have the money. My... View More

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 2, 2018

If your mother owns the home herself, she is free to kick your sister out and sell it. If she has designated you as her power of attorney, you can do all this as well.

If the three of you need someone to sit down with the three of you and discuss whats best for mom, I am happy to help....
View More

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Hi. Is therea way to make someone pay fo,r or help with the care of her elderly mother? Thanks.
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 2, 2018

You can speak to an elder law attorney about Medicaid planning (even if your mother does not currently qualify). Medicaid can help pay for some or all of your mother's long-term care needs (depending on the level of care needed).

Feel free to copy and paste the below links that further...
View More

2 Answers | Asked in Elder Law for Florida on
Q: What assets (IRA's, Savings, etc?) can Medicaid take against long term care costs?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 2, 2018

At first Medicaid doesn't take anything. If someone who needs Medicaid has too much by way of assets, they don't qualify.

If you have too much by way of assets, see a Medicaid lawyer to discuss legal and ethical ways to shelter those assets and still qualify for Medicaid....
View More

View More Answers

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Is a parents failing health a sudden and unexpected change in circumstance when trying to relocate with kids, Florida?

My mother lives in the UK and her health has suddenly started to decline. She now needs assistance with daily living. I want to move to be with her but, with minor children, my ex is blocking our move by using the 50-mile rule. When going to court can I use a parents failing health as a sudden... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 5, 2017

Yes. You can but the decision of whether to allow you to move is totally up to the judge.

Good luck.

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Can my fiancé lose his house to his great grandma's children?

My fiancé was raised by his great grandma, and together they own a house (the house is in both of their names). His great grandma is very sick in the hospital, and her children have started to investigate as to whether they can take the house from my fiancé since his great grandmother (their... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 5, 2017

You really need to consult with a real estate attorney in your area to have the deed reviewed. Then once the title deed gets reviewed a lawyer can give you an opinion.

Good luck.

View More Answers

2 Answers | Asked in Estate Planning, Tax Law and Elder Law for Florida on
Q: My mother is on Medicaid. She and I co-own a condo that I wish to sell but without affecting her Medicaid. How can I?

In planning his estate, my father placed a Florida condo that he wished me to inherit, but, in order to have his wife use it when she could, placed it in joint ownership between her and me. She is now Alzheimic and in a facility and on Medicaid in Florida. I wish to sell the condo but concerned... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 5, 2017

Simply put. This is a very complicated area of law. You need to get offline and go meet with an elder law attorney / Medicaid planning attorney ASAP to discuss options and to review how the deed into her was set up. All of that information is critical to what can be and should be done here.... View More

View More Answers

1 Answer | Asked in Elder Law and Animal / Dog Law for Florida on
Q: I have 15 cats share a home with my mother, I’ve partly inherited the home, can she call to remove them pets shots/spays

I think it’s mostly inheritance dispute all pets shots/spay/neuter regular vet visits rabies papers, she continues to threaten to call animal control citing “health issues” unsanitary conditions it’s her home, my dad passed in 2014, she won’t part with the money 4 years later, but wants... View More

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

Very sorry for your situation. I am not sure that there is a legal answer to her threats. You state briefly that you have an inheritance dispute.

I suggest that you consult with a probate attorney in your area to determine what if anything you are entitled to from your Dad's...
View More

1 Answer | Asked in Collections, Consumer Law and Elder Law for Florida on
Q: My mother in law who is 82 years old had a credit card she could no longer pay.

Now she is getting sued by the collection agency and received a summons to appear for a pre-trial conference. What can we do to help her as she has no available funds to pay the $2800.00 plus fees on this unsecured loan. The summons states she has to go or have an attorney represent her at this... View More

Mark Siegel
Mark Siegel
answered on Dec 1, 2017

You could go with her. Pretrial in small claims court is mediation. Do not fail to appear or you most likely will be held in default. Your goal - show that she is judgment proof. Social security payments can be exempt. Do not comingle funds. You may be asked to consent to having a judgment... View More

2 Answers | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: What are my rights??

Hello, I live in Fl and am a disabled vet, I live with my daughter and her family.

We were just given a 45 day notice to move due to the rental being sold.

My daughter spoke to the landlord and asked for more time, (move out date of March 31) but she was informed that the lease... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 1, 2017

If the lease already expired the tenancy became a month to month tenancy. Therefore you or the landlord could terminate on 15 days notice.

It appears that the landlord did that. Based upon your post your only option is to move out or face an eviction action.

View More Answers

3 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Im thinking about buying my Parents home in a private sale.They would reside in it, pay rent, utilities.

I live in Philadelphia, pa. Is this okay legally? They are Retired fixed income, I want to help. Help!

Thanks, Sharon

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 30, 2017

It is Legal. I suggest that you should consult with an attorney to talk through the long term issues that can arise in the future so that you know what to expect before you buy.

Good luck

View More Answers

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Hello, My name is Darlene, I been with my so called husband (not married) for 35 yrs he's always been jealous of who

I talk to or where I go nothing been right since I been with him we have 2 children already grown and married but he still has a hold on me emotionally and mentally we live in FL. for 16 yrs I pay some of the bills and he pays the major bills he owns the house we live in it's been a long... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 27, 2017

You really need to consult with a family law attorney in your area. Your situation is too complex to try to give you guidance via this online forum.

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.