Archived
If a resident DOES NOT have capacity can a family member use her money to hire an attorney for Guardianship?
Mark's answer
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Answered on October 28, 2011
Yes. Yes.
Archived
If a resident DOES NOT have capacity can a family member use her money to hire an attorney for Guardianship?
Mark's answer
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Answered on October 28, 2011
You need a power of attorney to access your family member's bank account. But you lack power of attorney. You can use your own money and seek...
Archived
If 4 doctors have already stated that an elderly person has dementia & alzhiemers of the late onset when going for conservator,
Mark's answer
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Answered on October 26, 2011
tHE jUDGE MUST DECIDE WHICH WITNESSES ARE CREDIBLE.
Archived
My father died & we have not located a will. He has 11 acres & there are 4 adult children. 1 wants to sell. Next step is?
Mark's answer
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Answered on October 24, 2011
File as intrestate proceeding in county where decedent was permanent resident at time of death. Intestate law of that state will determine who...
Archived
Will my (deceased) Mom's insurance payoff be considered as part of her assets and be used to payoff outstanding credit card deb
Mark's answer
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Answered on October 24, 2011
In Florida, insurance proceeds ordinarily passes to the beneficiary stated in the policy and will not be part of probate and will not be subject to...
Archived
ARE PEOPLES WILLS FILED IN THE TOWN THEY LIVED IN?
Mark's answer
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Answered on October 24, 2011
Will in Florida must be filed in Circuit Court where decedent was domiciled at time of death. Domicile is the primary, permanent residence
Archived
Can a power of attorney form be filled out before it is witnessed and notorized,ex:principals and agents name and address?
Mark's answer
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Answered on October 24, 2011
This os okay, but the signature of the prinicpal must be done in presence of the notary and the two witnesses. At least this is the law in Florida.
If my mom transfer her house on my name, will she lose her medicaid benefit?
Mark's answer
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Answered on October 24, 2011
In Florida, the general rule is that transfer of a non-countable asset, such as one's homestead realty, will be considered a gift and convert a...
Archived
Can my mother lose her medi-cal benefits if she sells her house?
Mark's answer
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Answered on October 23, 2011
Under Florida law, any home up to $500,000 is a non-countable asset. Sale of a home converts a non-countable asset to a countable asset. This would...
Archived
If a person takes an elderly person to a lawyer to have a POA revoked knowing they have the early stages of dementia & alzhiemer
Mark's answer
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Answered on October 23, 2011
Under Florida law, appointment of a guardian revokes any authoirty granted by a power of attorney, so it is not necessary tro have that power revoked.
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