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Brother has power of attorney. We would like to know our rights and review dad's bank account which only he has access to.
David's answer
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Answered on July 01, 2015
Below please find the applicable Power of Attorney Statute. Review the last paragraph carefully. You may need to commence a guardianship action...
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My husband has dementia and gambles and drinks
Is it hard to get incapacity for him he is in a wheelchair and is 86 I am 61
David's answer
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Answered on June 25, 2015
As you properly indicated, a Durable Power of Attorney is not always the answer when dealing with certain situations such as dementia. This is due...
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My mother is on Medicaid and living in an ALF. Is there a way to sell her home and protect the assets?
David's answer
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Answered on June 08, 2015
Assuming your mother is single, there are basically the following methodologies to deal with the net sales proceeds from the sale of her home...
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Do I have to sign a settlement agreement for a nursing home neglect case if I don't agree to the terms?
David's answer
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Answered on June 08, 2015
It is difficult to provide the best advice without knowing more about the facts at hand. Therefore, my comments are not directed in any way as to...
My mother lived and passed away in Florida. She has a CD with about $3,500. I'm now in VA. How do I get CD funds released?
David's answer
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Answered on June 01, 2015
If the certificate of deposit in question was solely held in your mother's name, with no beneficiaries or joint owners, then you need to involve...
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What is the last step of probate after financial clearance?
David's answer
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Answered on June 01, 2015
It is difficult to answer your inquiry with great accuracy, as I do not know what steps you have taken. However, at the end of a Probate,...
Can a husband apply for Medicaid on behalf of his wife?
David's answer
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Answered on June 01, 2015
Any person, including the wife can be the Designated Representative and deal with the Medicaid Office. The real issue is whether the wife will...
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Real Estate left to minors. Can/will creditors, make you sell to be paid? What statue covers this?
David's answer
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Answered on April 17, 2015
Individuals under the age of 18 can not own real property. Pursuant to Chapter 744 of the Florida Statutes, you are automatically the natural...
Does my income counts towards my husband's medicaid benefit?
David's answer
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Answered on April 14, 2015
It depends on which Medicaid Program your husband is on. If your husband is on one of Medicaid's Long-Term Care Programs (Home and Community Based...
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A person has transferred ownership of their house into a personal trust in their own name. How do I serve the trust or trustee?
David's answer
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Answered on March 26, 2015
What you are speaking of is an Action for Adverse Possession Without Color of Title You need to look at Florida Statute Section 95.18 for the...
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