How is someone found to be incapacitated?  Any person can file a petition with the court stating that they believe an individual to be incapacitated.  The court then appoints an examining committee of three people to evaluate the individual and render an opinion of whether the person is, in fact, incapacitated.  Usually, the committee consists of a doctor, a psychologist or RN and a
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I frequently get phone calls from parents with minor children asking about how they can appoint someone as the legal guardian over their child should something happen to them. The answer is pretty simple – you can sign a legal document designating an individual (or individuals) as guardian over your minor children. If you do not have something in writing (either in your Will
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Medicaid Managed Care in Florida A recent article published by the News Service of Florida points out that new Florida legislation enacted to “improve” care for seniors, will actually lead to more of the same…a wait list for the elderly in Florida. The Medicaid Managed Care program has been touted as helping florida seniors, and already they are talking about the wait lists that
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The court costs are separate from attorney’s fees. Whomever opened the estate (usually the person wanting to be the personal representative) was the person who paid the filing fee to the clerk of court. However, if the estate planning case is contested and each person has their own attorney, each person will be responsible for paying their own attorney’s fees. Discuss with your attorney
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In order to fully answer this question, more facts are necessary. Did you receive a cash inheritance and pay off the mortgage on your home? Do you currently have creditors or are there any in the foreseeable future (i.e., possible lawsuits that you know may be filed against you)? That being said, a Florida homestead, by virtue of the fact that it is your
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How important is social support as a person ages? This may seem like an easy question to answer. Most people would not choose isolation and loneliness versus spending time with companions. However, can lack of social support really hinder a person’s overall quality of life? Lack of social support is related to negative impacts on health and well being, especially for older people. Having
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While hurricane season started six weeks ago, it’s the next 6-8 weeks that typically matter the most to those of us in Hillsborough County.  That’s the time when we are most likely to incur a storm in our area.  So, that means time is running out for those of us that have not already started preparing. We are all aware of the need to
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Last time, I talked about some of the more relevant changes to the DPOA statute such as doing away with “springing” POA’s and how POA’s signed before the new statute is enacted (which is on 10/1/11) will be treated.  Some other changes to the statute include the change of how a party is identified.  Old Powers Of Attorney will refer to the “attorney-in-fact” which
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The purpose of a durable power of attorney (DPOA) is to provide the least restrictive alternative to having someone act on your behalf to make health care and financial decisions.  The current DPOA statute (which can be found at Florida Statute Section 709.01 through 709.11) is not very long and does not provide a lot of clear guidance as to the principal’s (person who
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By Melissa Howell It has been a year since we filed for the Aid and Attendance Pension Benefit for my Father-in-law, John. He is still comfortably situated in his assisted living apartment and receiving good health care from the staff. An important document that our Veteran Consultant let us know about was a form called the “Eligibility Verification Report” (EVR) which VA sends at
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