Florida Elder Legal Questions

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

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

If your brother-in-law would like to compensate you for caring for him by giving you the house, he may want to do so by signing a Lady Bird Deed (officially called a General Warranty Deed Reserving Extended Life Estate) before a notary and recording it in the county deed records.  This will pass title on his death and free of Medicaid estate recovery.  If he gifts the house to you while he is alive, he will lose eligibility for nursing home Medicaid for a period determined by the fair market value of the home divided by $212.50 (2020).  For example, if the home is worth $212,500, he will not be eligible for 1000 days.  However good a caregiver you are and however much he wants to avoid a nursing home, at some point it may be the only alternative.    ... Read More

I am sorry for your trouble.  2-5% of elderly people develop unwarranted suspicions that their medicine is poison, that someone is trying to rob them, etc.  Sometimes new people in their lives become their new "friends," for awhile.  It can be very upsetting for relatives who care for them.  If it gets to the point that your grandmother cannot live alone but you cannot live with her, you might see whether she is a candidate for an assisted living or skilled nursing facility.... Read More

While the agent under a Durable Power of Attorney has authority over the person's finances, the agent under a Medical Power of Attorney has authority over their person, including communicating their wishes when they are unable to do so.  Are you the agent under your mother's Medical Power of Attorney?  If so, you may be able to get her discharged to her care.  Please note that caring for someone with Alzheimer's is a very difficult, 24/7 task which often becomes impossible.  For example, you may not be able to keep your mother from wandering, possibly out the door and down the street while you are asleep.  You cannot keep her from falling, which could result in a serious injury.  You may exhaust yourself with all the hand feeding, toileting, diaper changing and cleaning. There may be some help available at home through Medicare if your mother needs a scheduled visit by a registered or licensed nurse, a physical or speech-and-language therapist.  Typically we see the nurse come once a week, the therapist twice and a certified nurse's assistant come three times to help with bathing.  Some states offer more under Medicaid waiver programs but there are waiting lists. The reason many people wind up in a skilled nursing facility is that this is no longer enough. If you are the agent under your mother's Medical Power of Attorney and can get your mother discharged with your care, please get everything in place first.  You may want to talk with people at your local Alzheimer's Association, call the Alzheimer's Association hotline, talk with a geriatric care manager and determine just what kind and how much care you can pay for out of pocket.  You may want to join a support group for you and put together a group using lotsahelpinghands or sharethecaring.  Once all this is set up, you may want to talk to an elder lawyer about getting your mother discharged to your care.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)          ... Read More

Your mother's estate is respondible for her medical bills, not you. Should your mother be admitted to a skilled nursing or assisted living facility, cross out "personal representative" wherever it appears and write in "agent under Durable Power of Attorney" or "DPOA agent" or, if there is no Durable Power of Attorney, "next of kin."  The phrase "personal representative" makes you personally responsible for your mother's bills.  It is illegal for a nursing home which accepts Medicare or Medicaid to suggest or require a third party guaranty of payment but it is still common.  ... Read More

Whether your father had legal capacity to grant a Durable Power of Attorney or a Medical Power of Attorney in 2016 may be very difficult to determine in 2020.   However, only your father himself has the right to decide who his visitors are -- unless a prospective visitor has been neglectful, abusive or exploitive.... Read More