A Qualified Income Trust (QIT) is an instrument that's designed to help aging adults in Florida qualify for benefits even though their income is greater than the limit for Medicaid approval. It exists to help seniors cover the costs of staying in nursing facilities....
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When does a Durable Power of Attorney go into effect in Florida?
A Durable Power of Attorney (“DPOA”) is a written legal instrument signed by one person, known as a principal, appointing another person, known as an agent, to act on the principal’s behalf. Most such DPOAs enumerate specific powers which the agent may exercise. For...
The types of Florida guardianships
Families in Florida may face difficult circumstances when a beloved parent or other close elderly loved one begins to show signs of dementia or other forms of cognitive decline. Especially if this person is single or lives alone, they may face increasing medical and...
Is a Person Serving as Agent Under a Durable Power of Attorney Entitled to Compensation?
A Durable Power of Attorney (“DPOA”) is a legal instrument in which a principal can designate a person as agent to act for the principal. Most DPOAs give the agent a “laundry list” of powers covering a wide-range of financial, legal, and personal matters. These could...
Why You Need a Living Trust
Many times people come into our office and tell us that they’ve read that they need a Living Trust (also known as a Revocable Trust). Sometimes they heard it through a friend or in something they've read. However, they often don't have a clear grasp of why they need...
Florida Expands Abuse of an Elder Person to Include Intentional Isolation from Family Members
In April of 2021, the Florida legislature unanimously approved passage of SB/HB 1041 which provided additional protections to elder persons . Among the changes, SB/HB 1041 amended Chapter 825 which addresses the abuse, neglect and exploitation of elder persons and...
What are the signs of financial elder abuse?
Elder laws are in place to protect the health and financial well-being of the older population in Florida and other states throughout the nation. Since those in their older years may experience cognitive decline, they're more susceptible to financial abuse than those...
Vacancy in Trusteeship: When no one designated can or will serve.
When setting up an estate plan in Florida, one very helpful instrument is the “Living Trust” (also called a “Revocable Trust” or a “Revocable Living Trust”). The Living Trust is a written document into which the Grantor (the person establishing the Trust) places...
Signs and remedies for undue influence on elders
Individuals seeking to exert undue influence over Florida elders are the most common reason that last wills and testaments are challenged. The law states that any part of a will that is unduly influenced by a person other than the decedent becomes invalid. Undue...
Oath of the Personal Representative in Florida
Under Florida probate practice, the person appointed by the probate court to oversee the estate is known as the “Personal Representative.” Many people refer to this as an “Executor” and although they are essentially the same, the correct term in Florida is Personal...
