Legal Question in Elder Law in Florida

Incompetent

My mother in law lives in another state alone. Diagnosed with Alzeihemers. We want to move her to New York to an assisted living facility. If she is declared incompetant in Florida does that mean she cannot be moved to New York.


Asked on 12/18/07, 3:35 pm

2 Answers from Attorneys
Stanley Miller Stanley M. Miller, P.A.

Re: Incompetent

No but then you'd have to go through legal proceedings in NY again.

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Answered on 12/18/07, 3:44 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Incompetent

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Not necessarily. You would have to get the lawfully appointed guardian to agree with the placement and moving of the ward to a New York facility and most likely the Court's approval too. The Court may then tell you to have the guardianship transferred to a New York court.

Scott R. Jay, Esq.

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Answered on 12/19/07, 1:23 am


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