Legal Question in Elder Law in Florida

Re: Nursing Care

At a bare minimum, your father also needs to have a Durable Power of Attorney, which allows someone to manage his assets in the event of incapacity.

The very best thing you can do right now is to have your father work with an experienced FL elder law attorney, who will know the rules in that state for asset protection. Go to the National Academy of Elder Law Attorneys web site and click on "Find a lawyer." A good elder law attorney can help your dad not just to save money, but to learn about the resources in the area which can help him maximize his independence and quality of life.

Feel free to contact me if you want referrals to folks I've worked with down there.

Re: Nursing Care

Your father should have a Durable Power of Attorney and should contact an experienced FL attorney to see what if anything can be done to protect his assets if he needs to go into a nursing home.

Re: Nursing Care

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.

Your father should have a Durable Family Power of Attorney and a current Last Will and Testament. Further, a Living Will should be drafted, if desired.

As to protecting your father's assets, it may not be possible. He may wish to purchase a policy for nursing home care now, if he can qualify. He should meet with an elder law attorney who can review his situation and provide advice on drafting a trust or gifting his assets to family members now. Under Florida law, there is a 3 year period that Medicaid can look back for any gifts to family members, however, and demand that the gifts be returned before any monies are provided by Medicaid.

Scott R. Jay, Esq.

Re: Nursing Care

He needs to consult with an attorney who can advise him.