Legal Question in Elder Law in Florida

My father lives in Ohio (90 yrs ) - I am his durable POA, and take care of his monthly expenses electronically as I am 1500 miles away in Florida. My father receives monthly VA benefits that help pay for his limited 3 hours a day care, the remainder is private pay from his account. His VA doctor and APS, and Summa doctor recommend he have 24 hour care. He refuses to move into an assisted living facility. He has five children, and none wants to pursue guardianship for multiple reasons which would force him into AL. My question is can APS have the court assigned a state guardian to force him into AL. What are the ramifications against his children if this happens? Thank you..


Asked on 9/10/16, 8:10 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Tell your family is someone does not step up to the plate that you will place him in an assisted living facility. I have to assume he is living in his own home. Tell them you will sell the home and contents to place in a Special Needs Trust in order to facilitate the additional fund needed for his care as time goes on. Then do it.

Read more
Answered on 9/11/16, 8:28 am
Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

Ohio is an odd state when it comes to elder law and medicaid planning (more difficult to work with). I would highly suggest you call an ohio elder law attorney (let me know if you need a referral) and discuss your options. The consultation will not be free, but it will be money well spent to figure out your father's options.

Read more
Answered on 9/12/16, 6:46 am


Related Questions & Answers

More Elder Law questions and answers in Florida