Florida Elder Legal Questions

Accusations by your children and others may be painful but they carry no legal weight.  If the State of Florida has cut off your food assistance, that is a matter to discuss with the relevant agency.  You may not need legal representation or you may want the help of an elder law attorney.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

If you are not agent under a Durable Power of Attorney granted by your wife and have not been appointed her guardian or community administrator by a court, you would appear to lack authority. If a letter from your wife is insufficient, contact a local attorney who specializes in consumer law.  Also contact your state department of insurance; your wife can file a complaint and let the insurance company know that she is doing so.... Read More

I am very sorry for your situation.  A restraining order might help; hopefully, she will not ignore it.   If she cannot live with you, then you should try to find a facility that will take her, and will help her apply for Medicaid to pay for the cost of it.   If your wife refuses to cooperate about going to a facility, the only way to make her do this is to file for a guardianship.   As for a divorce, that's always an option, but these other items (above) should be addressed first.     ... Read More

Rather than attempt to sue your brother for defamation, which costs money and takes more time than your stepfather may have left, you might want to remind the nursing home that your stepfather, not your stepbrother, gets to decide who visits him.  You might also call APS and report that your stepbrother is abusing your stepfather by isolating him from you, his grandchildren and greatgrandchildren and give them whatever information you have about attempts to steal the home.... Read More

Hello, Do you have a will?  If you have a will already, has a revocable trust been created at the same time?  You should definitely consider placing your home either in a trust or in some other type of estate (joint estate? life estate?) there are many options that may avoid probate. If you do not plan ahead, the home will pass according to the laws of intestecy (by statute) and may eventually go to your son, if he is your only child, but I strongly suggest handling this issue in advance. Best of luck, Andrea Jakob... Read More

You can certainly deed your home and change the ownership of your bank accounts to a trust with your daughters as beneficiaries  (I would make sure any transfer doesn't violate any benefits you may be receiving...).  Your answer doesn't seem complete and I do not want to guess.  Would you like to provide more information so we can answer the quesiton in better detail?... Read More

Both of your should go to the tax collector's office so you can sign the  title over and the person and that person can register the vehicle in his or her name right there.  You will also be present to tell the tax collector that this is a giftwith no sales tax due.     Do not sign ove a vehicle without being sure the vehicle gets immediately registered in the new owners name ... Read More

With the bill-of-sale - it would seem to me you are in a good position.  A person is presumed to be competent and it would be up to them to prove he was not, if or when they take the case to Court.  Sometimes people threaten court action but when they discover the cost of even opening a court case, they don't move beyond threats.  There is really nothing to do unless or until you are notified of a court action.... Read More

It shouldn't be necessary to lose the family home to qualify your father for Medicaid benefits to help pay for his nursing home care.  In Florida, the homestead is a protected asset, even for Medicaid eligibility purposes. There are some rules involved, but generally speaking you can keep the home for the other family members, especially if there are disabled adult children. The Medicaid planning environment is quite complex, but properly following the rules established by statute and regulation can result in substantial benefits to help ensure your father has good care. I strongly recomend that you consult with an experienced elder law attorney in your area to obtain the assistance that you will need to safely navigate the twists and turns of the Medicaid planning process. Good luck to you and your family. C. Randolph Coleman... Read More

This is a llittle more complicate than you might think.  If you are just asking your mother to sign a DPOA, she needs to be comptenet to do so.  If she is not comptenet to sign a legal document, anything she signs would not be valid, including at DPOA.  However, even incompetent people have moments of lucidity, so that can be a more involved issue.  Please consult with a lawyer. ... Read More

Until they file court documents there is no reason for you to answer them.  or defend your actions.  If they do for any legal action against you, you have the POA document too use to defend yourself.  I would be happy to work with you.  In case they file any lawsuit against you.  Again, do not discuss anything with them. ... Read More