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Florida Elder Legal Questions

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104 legal [2, *]questions have been posted about elder law by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Florida Elder Questions & Legal Answers - Page 5
Do you have any Florida Elder questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 104 previously answered Florida Elder questions.
Elder Law
Florida

Recent Legal Answers

I have an elder relative with dementia. We will be moving from New York state to Florida next month and placing her in an assisted living facility.

Answered 14 years and 6 months ago by attorney Astrid de Parry   |   1 Answer
Astrid de Parry
If these documents were properly executed in the state of New York, they will be honored by Florida. In an abundance of caution, you may want to seek out an elder law or estate planning attorney in your area to ensure these documents will be useful in Florida.
If these documents were properly executed in the state of New York, they will be honored by Florida. In an abundance of caution, you may want to seek... Read Answer

My father has dementia and my brother had my dad sign over full POA. Since then he paid cash for a house with my fathers retirement and put his name on

Answered 14 years and 6 months ago by attorney Astrid de Parry   |   1 Answer
Astrid de Parry
You should seek out an elder law attorney in your area. Your brother owes fiduciary duties to your father as his agent. An elder law attorney will likely have you begin the guardianship process to end your brother's ability to act under the durable power of attorney, and allow a competent, trustworthy individual to care for your father.  ... Read Answer
You should seek out an elder law attorney in your area. Your brother owes fiduciary duties to your father as his agent. An elder law attorney will... Read Answer

My mother has Guardianship of her Mother-in-law. My parents are now divorcing and she wants to sign guardianship over to my father. The problem is..

Answered 14 years and 6 months ago by attorney Astrid de Parry   |   1 Answer
Astrid de Parry
Your family should seek out an elder law attorney. It does not sound as though your father is qualified to assume the role as guardian. A professional guardian can be appointed if your mother wishes to step down as guardian. An elder law attorney could help your family choose a qualified professional to serve as your grandmother's guardian. Generally, professional guardians do charge a fee. ... Read Answer
Your family should seek out an elder law attorney. It does not sound as though your father is qualified to assume the role as guardian. A... Read Answer

My mother is upset with me after a conflict during a recent visit. She is now removing me from POA and writing me out of her will.

Answered 14 years and 10 months ago by attorney Alfred Joseph Polizzotto III   |   1 Answer
Alfred Joseph Polizzotto III
The issue you present is definitely a confidentiality issue between your mother's "new attorney" and you.  Provided that your mother is competent to make a new Will and power of attorney.  She is entirely within her rights to make alterations to her estate plan by changing her Will and revoking your power of attorney and executing a new one or simply deciding to do without one.  The attorney is not authorized to disclose any confidential information regarding your mother's wishes and documents.  If you require additional information pertaining to ethical rules, Florida's rules as they pertain to attorney-client relationships and disclosure of information can be found at http://www.law.cornell.edu/ethics/fl/narr/FL_NARR_1_06.HTM ... Read Answer
The issue you present is definitely a confidentiality issue between your mother's "new attorney" and you.  Provided that your mother is... Read Answer
Elder Law
Florida

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