Elder Legal Questions

If your mother has suddenly disappeared, you need to report her as a missing person to law enforcement in the city or county where you know she last resided.  Make sure you tell the authorities that you previously spoke with her daily, that she has dementia, and that those operating the assisted living facility where she last resided won;t communicate with you.... Read More

Hi Robert, It is always a good idea to have a will. You can appoint a personal representative to be in charge of your estate. If you die without a will, the Florida statute creates one for you. Florida law kicks in a says how your property should be distributed. That being said, based on your question, the result will be the same. Everything would be divided equally between your 2 children, whether you have a will or not. Your car is an exempt asset, but it will still have to go through probate so the title can pass to your children. If you want to give your car to someone expressly, you can state that in your will. I hope this helps. Dina Arvanitakis, Esq.... Read More

When you are receiving Supplemental Security Income (SSI) and you inherit assets, it can potentially affect your eligibility and payments. In order to ensure that your inheritance doesn't interfere with your SSI benefits, it's important to follow certain guidelines: Report the inheritance: You must promptly report the inheritance to the Social Security Administration (SSA). Failure to report the inheritance may result in penalties or loss of benefits. Determine the type of inheritance: The impact on your SSI benefits will depend on the type of inheritance you receive. It can be in the form of cash, property, investments, or other assets. Seek legal advice: It's advisable to consult with an attorney who specializes in Social Security and estate planning. They can help you understand the specific implications of the inheritance on your SSI benefits and guide you through the process. Create a special needs trust: One option to protect your SSI eligibility is to establish a special needs trust (SNT). A properly drafted SNT can hold your inheritance funds while still allowing you to maintain eligibility for means-tested government benefits. Follow SSI resource limits: SSI has strict resource limits, which include both income and assets. Depending on the value of your inheritance, it may put you over the resource limit. Properly managing or structuring the inheritance, such as through an SNT, can help you stay within the limits. It's crucial to consult with an attorney to understand the specific rules and requirements in Georgia regarding SSI and inheritances. They can assist you in creating a plan that protects your eligibility for benefits while still allowing you to benefit from your inheritance.... Read More

There is no law that requires a parent to leave money to their children. Parents can disinherit their children if they choose to do so. In your fact pattern, the house was in joint tenancy between the husband and the wife, and the deed always takes priority over a will. When the husband died, the wife then took total ownership of the property. If she wants to leave her property to her sister, then she can do that. However, if her sister is exercising undue influence and pressuring her to leave the property to herself, then the will can be challenged in court by your husband and his siblings.     ... Read More

It's unclear on exactly what your question is. But if you are saying that you do not currently have legal capacity to collect rent because you're not contractually entitled to said benefits, then you would need to open up an estate for your deceased mother and be granted letters of administration to act on behalf of the estate. This would give you legal authority to collect rent from your son.... Read More

If the employer is set up as a business then they would most likely have liability insurance that would cover advertising torts. If the employer was not set up as a business then the homeowners insurance policy would most likely not cover these torts unless they had a rider that does, which is very rare. Yes you can still sue but without coverage it would be very difficult to find counsel to take the case. Nonetheless, you should discuss the facts with counsel here in Florida. I have done these cases and it really comes down to the unique facts of each case. ... Read More

The situation is confusing as written.  Is your husband mentally disabled?  If not he makes the decision to see you and your son.  If he is mentally disabled you may want to look into establishing a Guardianship.  There are no simple answers to the questions you posed.  I recommend sitting down with an elder law attorney in your area to discuss the situation in detail. Best of luck.... Read More

You should probably seek guardianship over your mother.  You will need a knowledgeable attorney in your area to assist you.  Once filed, the court will appoint an attorney to represent your mother's best interest while the you will be able to prove why you are the best to take care of her.... Read More

There are potential Probate Court proceedings that could make sense here if your sister is not acting appropriately. A Guardianship proceeding is initiated to deal with personal and health care issues, and a Conservatorship proceeding is initiated to deal with financial issues. To get some initial direction, you may want to call your local Council on Aging and tell somebody there the dilemma you are facing.... Read More

An elder law attorney can do more than help you with medical and financial powers of attorney, hopefully broad enough to allow you to do all you need to do for your husband, including Medicaid planning.  An elder law attorney can help you with VA and Medicaid planning, guide and perhaps help with the application.  An elder law attorney may be able to direct you to state- and locality-specific resources which will help you care for your husband whether at home or in an apartment in an assisted living facility.  An elder law attorney can advise you on how to care for your husband while preserving assets to provide for yourself when he is gone.  An elder law attorney can help you parse the contract with an assisted living or skilled nursing facility and address some of the problems you may find.  To locate an elder law attorney near you, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

You would both be the landlord (or the host if the boyfriend is a guest who pays no rent).  If your co-owner's dementiz has advanced to the point that she lacks capacity to contract (for example, to buy a car), her agent under a Durable Power of Attorney or, if none, her guardian/conservator can act on her behalf and sign the lease (or agree to the invitation.)... Read More