Legal Question in Elder Law in Florida

Mother in a nursing home

I have a friend who is 1 of 4 siblings who's mother was put in a nursing home w/o his consent. She's been in the nursing home for over a year now. He recently received a letter from an attorney who is representing one of his brothers demanding that he (my friend) start paying for his mother's nursing home care. Prior to this he was taking care of her full time but one of his brothers wanted to put her in a home even though his mother was being well taken care of. Only 2 of the 4 brothers wanted her in a ''home''. Until he received the attorney's letter, he had no clue to where his mother was staying. Is he liable to pay for the service of his mother's nursing home care even though he had no say to having her put in a home to begin with?


Asked on 9/04/07, 4:10 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Mother in a nursing home

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.

No. While it is certainly morally correct to expect the children to help an elderly mother, there is no legal obligation under Florida law. Your friend can help pay for mom's nursing home care if he chooses, or not if he chooses not to. His conscience may be the deciding factor.

Scott R. Jay, Esq.

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Answered on 9/04/07, 5:44 pm


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