Legal Question in Elder Law in Florida

Validity of Attaching Pension for nursing home...

My mom is in a nursing home against her will (a contested Dept of Family Svcs matter) and the nursing home is trying to attach her pension for it's care as she's been there past Medicare appropriate timelines. Is the jurisdiction to determine this appropriate in either Family Court or Guardianship Court, or both? Is it based upon the state she lives in--or is the determination consistent nationwide? (She's in Florida).


Asked on 10/23/07, 2:36 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Validity of Attaching Pension for nursing home...

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It is hard to truly understand your question but I believe the proper answer would be in whichever court determined she was to be committed to the nursing home (if a court was involved). If not, then the circuit court would be the proper venue. Florida has the right to attach your mother's pension to reimburse it for her care the State is providing under Medicaid which is paid by the State of Florida. This is state specific but there will be similar laws in all states.

Scott R. Jay, Esq.

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Answered on 10/26/07, 1:26 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Validity of Attaching Pension for nursing home...

The jurisdiction for who, and precisely what? Usually in New York it would be State Supreme Court.

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Answered on 10/23/07, 10:41 pm


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