Legal Question in Elder Law in Florida

I live in Florida and take care of my elderly parents. They have a will leaving all their possessions to me, and put me on their bank account, and gave me POA, and the CD's they had ITF to me, were changed to my name,( last year), and a attorney drew up a service contract, which I paid $300 dollars for, only to find out dad couldn't sign his name anymore, and mom was just as bad. They attorney says just sign it POA, and it is applicable for the year 2011, so when taxes come in Jan. I must pay them. I worry that the service contract isn't good enough, and medicaid could argue that. If I refused to give the money back in my parents name, what could happen? Hypothtetically if I put them in a nursing home for rehab, and then didn't take them back, what would happen? I understand they would not be eligible, but if I could not take them back and needed the money for my support, where would they go? My guess is a state hospital, until their eligibility was back?


Asked on 9/26/11, 6:37 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If your parents have not been declared incapcitated, and the service document was witnessed properly and notarized - all they needed to do was place an "x" where their name would go.

Sometimes a POA is not sufficient in times of these types of contracts. You should have a DPA to give that power to you. I suggest that you have the contract corrected and witnessed and notarized properly to avoid litigation in the future.

Please be aware however,that if your parents are both incapciated, you should apply for guardianship over them.

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Answered on 9/27/11, 7:07 am


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