Florida Elder Legal Questions

Those who signed the note for the mortgage pay that. Condo fees are not payment on the debt but only month to month payments.running under the condo docs.  If the three of you signed some other agreement among you that might be invoked.  I am not really sure what you want to accomplish FOR yourself however.... Read More

Having Alzheimer's doesn't mean she is incompetent to sign a deed. You should ask her doctor if she is. HOWEVER, you are getting into some deep water here as there could be a presumption you are taking advantage of her, given the situation. You may want to hire a lawyer to guide you through this if the patient really wants to do this. The lawyer could get the doctor's opinion, talk to the patient to assess her competency and then do the paperwork to make sure you are protected in the future from a challenge by family.... Read More

depending on her age, this could be a criminal matter, which you would call the local sheriff about - there are laws in Florida to protect the elderly from abuse and financial exploitation.  I have other cases pending iwth the sheirff like this.  It is a problem in Florida and it can be delat with not only in criminal court but also in Guardianship Court. ... Read More

It seems that your father's mail is being diverted and held hostage by someone who has no right to his mail.  Please speak to the Postmaster about this.  If that does not help, you can also call the Postrmaster General.  I would look over the letters from the trucking company for you if those two will not assist. ... Read More

If the property is your mother's homestead it is protected from Medicaid. However, if you sell it the proceeds will be considered an asset. If this happens your mother could be required to pay out of pocket for her ALF. You should consult with an elder law attorney in your area to decide how to handle your mother's home.... Read More

Yes. On the filing of a petition for determination of incapacity, the court must appoint an attorney for the person alleged to be incapacitated. F.S.744.331(2)(b). The alleged incapacitated person is presumed competent and can choose to have his own attorney in substitution, but the court has authority to require that an appointed attorney remain to monitor the proceedings. If sister-in law has Power of Attorney then she in all likelihood has control of his financial "affairs" right now. She doesn't have control of his "person" however. Also, filing of a guardianship Petition will terminate the power of attorney, so sister in law's plan could backfire.... Read More

First you should report the abuse to the Department of Children and Families by calling the abuse hotline (1-800-96-ABUSE). You should also contact the police. These agencies will do an investigation, and send their reports to the state attorney's office. Astrid de Parry, P.A. (386) 736-1223... Read More

Each Power of Attorney is somewhat different. Generally, a POA does not take away the individual's rights to make their own decisions. A general POA is used to make financial decisions such as paying invoices, etc. and does not give any authority to make healthcare decisions. However, a medical POA or Healthcare POA would allow the agent to make healthcare decision when the individual is unable to make such decisions. However, a POA does not prevent an individual from making their own decisions. Your brother has the right to request a feeding tube. Your brother also has the right to withdraw the POA that he granted to you and you brother has the right to withdraw the DNR. You do not have the right to terminate your brother's life against his will by withholding the feeding tube. Even though your brother has baseline dementia, it appears he is able to understand and communicate his wishes to the hospital staff. A DNR [Do Not Resuscitate] is not applicable to the situation you described. A DNR is for those situation in which the individual's heart has stopped beating or the individual has stopped breathing. You should direct the hospital's staff to follow your brother's decision. You should review the Florida law governing powers of attorney as provided in Chapter 709 of the Florida Statutes. Also, the Florida legislature significantly revised the statutes by passing The Florida Power of Attorney Act that became effective on October 1, 2011. Further, I would recommend you see an attorney to review your brother's specific documents and have said attorney explain your powers under each document. Jess W. Levins, Esq.... Read More

Glad to answer your question and per your request-my office is in Pinellas County and we offer free consults. The proceeds of the sale of the home must be moved to an exempt account in order to stay on medicaid. Attorney Joe Pippen-727-586-3306-attypip.com and joe@attypip.com    ... Read More

There is a look back period for 3 years for uncompensated transfers. If there is a transfer to a trust, there is a 5 year look back period. Before you make any transfers, you should meet with an attorney experience in elder law. He or she can look at all of your mother's income and assets and determine the best life care plan. Astrid de Parry, P.A. DeLand, FL 32724 (386) 736-1223... Read More