Legal Question in Civil Litigation in Florida

Re: I have to put my Grandmother in a nursing home, how can I keep her from losi

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.

The nursing home will only charge their normal fees for services rendered. Your mother-in-law will have to use her monies to pay for her stay within the home.

Many senior citizens eventually expend all of their monies and have to rely on Medicaid funding from the State of Florida to help. The State of Florida generally does not require a person to sell his or her redidence if there is any possibility of returning to the residence or if the spouse resides therein. Any transfers of assets to family members within a period of three years can be voided.

Proper planning may allow a person to safeguard his or her assets by placing funds or other assets in a carefully drafted Medicaid Trust.

I strongly suggest that you consult a qualified attorney to review your mother-in-law's indidivual situation and to discuss ways to protect her assets.

Scott R. Jay, Esq., 305-249-8000

Re: I have to put my Grandmother in a nursing home, how can I keep her from losi

I strongly recommend that your mother-in-law consult with an estate planning attorney immediately. Keep in mind that if her mother is incapacitated, that the Power of Attorney must be a Durable POA or a Springing POA in order to be effective. An attorney can easily review the document to determine what powers your mother-in-law possesses. An estate planning attoney can also help to protect the house. There are several different factors that need to be considered (i.e. how the property is titled, whether medicaid planning is necessary, etc.). Should you have further questions, please feel free to contact me via email or phone at (407) 353-4728.