Home – Elder Law

The Florida Department of Elder Affairs provides most direct services through its Division of Statewide Community-Based Services, which works through the state’s 11 Area Agencies on Aging and local service providers to deliver essential services to a vital segment of the population. The SHINE program supports the Florida Department of Elder Affairs’ mission by providing…



FAQs

How old is an elder in Florida?

60 years of age or older

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What assistance is available for seniors in Florida?

SHINE (Serving Health Insurance Needs of Elders) is a free program offered by the Florida Department of Elder Affairs and your local Area Agency on Aging. Specially trained volunteers can assist you with your Medicare, Medicaid, and health insurance questions by providing one-on-one counseling and information.

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Does Florida have a Department of Aging?

The Department of Elder Affairs administers programs and services for elders across the state of Florida through 11 Area Agencies on Aging, which operate as Aging and Disability Resource Centers (ADRCs).

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What is elder law in Georgia?

Georgia has special laws to protect residents 65 years of age and older, disabled adults 18 years of age and older who are mentally or physically incapacitated or who have Alzheimer’s disease or dementia, and residents of long-term care facilities.

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Is it a felony to hit someone over 60 in Florida?

Punishment for Assault on an Elderly Person

The crime is considered a first-degree misdemeanor which is punishable by a maximum of 365 days in jail and a $1,000 fine. In order for the state to convict you of battery on an elderly person, the state must prove: You intentionally touched the person without consent; and.

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What age do you stop paying school taxes in Florida?

Bill to exempt school taxes for people 65 and over a slippery slope to chaos | Commentary.

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What does the Florida Department of Elder Affairs do?

The Department of Elder Affairs (DOEA) serves elders, their families, and caregivers in Florida. Whether educating older Floridians on healthy living or connecting them with direct services, the DOEA team works to ensure that older Floridians can live engaged, active, and fulfilling lives in their communities.

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What is the penalty for elder abuse in Georgia?

Elder Abuse Explained?

Upon conviction, an offender can be imprisoned for 1 ? 20 years and/or fined $50,000. Further, any person found guilty of threatening, intimidating or attempting to intimidate an elder person or disabled adult will be convicted of a misdemeanor of a high and aggravated nature.

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How do you get power of attorney for elderly parent in Georgia?

In Georgia, you can only be given power of attorney through a written document signed by the person granting you the power, known as the principal. You should always talk to a lawyer if you need legal advice or have questions about any specific power of attorney issues in Georgia.

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What is exploitation abuse in adults?

Exploitation occurs when a vulnerable adult or his/her resources or income are illegally or improperly used for another person’s profit or gain. Examples include illegally withdrawing money out of another person’s account, forging checks, or stealing things out of the vulnerably adult’s house. Signs of exploitation.

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What to do if someone is taking advantage of a disabled person?

ABUSE, NEGLECT AND EXPLOITATION

You should call any one of the agencies below if you are concerned that a caregiver or other person is financially exploiting a person with disabilities or an older adult. The person answering your call will help you determine the correct agency to receive the report.

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Who is legally responsible for elderly parents?

Currently, 28 states have laws called filial responsibility laws, requiring adult children to support their aging parents. In addition, a bill passed in 2005 may place a heavier burden of taking care of parents’ nursing home bills on adult children. Filial responsibility laws differ from state to state.

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Can you sell someone’s house if you have power of attorney?

What Can You Do as an Attorney? Provided there are no restrictions within the lasting power of attorney (LPA) or enduring power of attorney (EPA) you can usually do the following: Sell property (at market value)

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Are you legally responsible for your elderly parents in Florida?

At this point in time, Florida does not have a filial responsibility law. The only way that family members in Florida will be held liable for their loved one’s long term care costs is if they sign the contract with the facility individually, making themselves legally responsible.

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Can social services remove an elderly person from their home?

To put it bluntly, under most circumstances, social workers cannot remove an elderly person from their home. In order to legally force a person into long-term care against their will, you need to have guardianship over that person. And obtaining guardianship without a person’s consent is possible.

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What three decisions Cannot be made by a legal power of attorney?

Change a principal’s will. Break their fiduciary duty to act in the principal’s best interests. Make decisions on behalf of the principal after their death. (POA ends with the death of the principal.

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Do all siblings have to agree on power of attorney?

You can either make it so that everyone has to agree to something before it can be done, or that anyone of you can make the decision. It’s hard to decide which is best.

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Does next of kin override power of attorney?

No. If you have made a Will, your executor(s) will be responsible for arranging your affairs according to your wishes. Your executor may appoint another person to act on their behalf.

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Does power of attorney override a Will?

Can a Power of Attorney change a will? It’s always best to make sure you have a will in place ? especially when appointing a Power of Attorney. Your attorney can change an existing will, but only if you’re not ‘of sound mind’ and are incapable to do it yourself. As ever, these changes should be made in your interest.

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Can a sibling prevent you from seeing an elderly parent?

If your parent has appointed your sibling as their legal guardian, then they may have the authority to prevent visitations if your parent is incapacitated. However, if your parent has not appointed a legal guardian, then you should be able to visit your parent unless there is a court order preventing you from doing so.

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Who is the best person to be power of attorney?

Most people select their spouse, a relative, or a close friend to be their power of attorney. But you can name anyone you want: Remember that selecting a power of attorney is not about choosing the person closest to you, but rather the one who can represent your wishes the best.

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Frequently Asked Questions About Elder Law in Florida

Common Questions about Florida Elder Law You have landed in the right spot if you have questions regarding nursing homes, social workers, doctors, Medicare, Medicaid, asset protection, life care planning, and other elder law matters. Our elder law attorneys have answered many of the common questions we hear in the following FAQs. Page 1 Can I move my mom into a nursing home while her Medicaid application is pending? When your loved one is having health issues, it can be difficult to make the decisions on getting good care and thinking about how government benefits, such as Medicaid, can help. Medicaid is a part of our social safety net to help the needy pay for the cost of long-term care. Medicaid can help pay for nursing home care, assisted living or in-home care, but the asset and income rules, among other matters, are strict for those applying.  Sometimes, the elder is living at home and the family cannot help any longer or the elder is just too needy to be home safely. This may mean that the elder must go directly to a nursing home due to their long-term care needs. But can an elder apply for long-term care Medicaid before moving to a nursing home? The basic answer is NO. Nursing Homes May Not Accept a Medicaid-Pending Resident In the best-case scenario, a person will apply for Medicaid well before they need care, but there is a wait-list for long-term care benefits at home. This may mean that the elder does not come off the wait-list before needing to transition to a nursing home, which may mean that you cannot apply for Medicaid until the elder is actually in the nursing home. When someone applies for Medicaid, this is generally known as being “Medicaid pending.” But you cannot be Medicaid pending until you are: In a nursing home (i.e., skilled nursing facility/rehabilitation facility); and You have actually applied for Medicaid.  Unfortunately, most long-term care facilities will not someone who comes into the facility unless the are private paying. All of this is confusing but the big picture is that if the elder does not have money, placing into a nursing home is difficult without private paying.  The reasons are as follows: The nursing home might not be reimbursed. There’s no guarantee that a pending application will be approved. Nursing homes may be unwilling to take on a resident without a guarantee of benefits from the government to offset their costs. Approval may not be retroactive. Even if a resident is approved for Medicaid, there’s no guarantee that they will receive retroactive benefits. If benefits are only provided for the future, the resident and their family will have to pay for any costs incurred between the date of admission and the date of approval. Eligibility may be deferred. Many Medicaid applications contain errors, discrepancies, or incomplete information, causing problems that defer eligibility. Medicaid generally won’t cover any delays due to application mistakes, so costs will fall on the resident for care received during this time. Of course, there are many situations where families may be unable to wait for government assistance before moving an elder into a nursing home. If your loved one’s care needs are changing, our legal team can answer your questions and help you secure the benefits you need. When an elder law attorney is helping the family apply for Medicaid, a long-term care facility may accept someone Medicaid pending as the facility will trust the elder law attorney’s representations that the elder will get Medicaid….

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Florida Elder Law – Florida Department of Elder Affairs

Home – Elder Law The Florida Department of Elder Affairs provides most direct services through its Division of Statewide Community-Based Services, which works through the state’s 11 Area Agencies on Aging and local service providers to deliver essential services to a vital segment of the population. The SHINE program supports the Florida Department of Elder Affairs’ mission by providing free and unbiased health insurance counseling through a dedicated network of volunteers, empowering Florida seniors to make informed health care choices. The mission of the Florida Long-Term Care Ombudsman Program is to improve the quality of life for all Florida long-term care residents by advocating for and protecting their health, safety, welfare and rights.

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Elder Law in Florida – Research Guides

Research Guides : Elder Law: Introduction and Federal Law  The Elder Law attorney will deal with elder abuse and neglect, guardianship and conservatorship, age discrimination, planning for diminished capacity, the right to refuse treatment and the right to die, financial planning, wealth management and property transfers, retirement benefit plans and long-term care issues. Both federal and state laws exist to assist the elderly, and are frequently being changed and updated.  Ethical questions also challenge the Elder Law attorney:  Who is the client?  The older person? Their family? Does the family have undue influence over the older person?  Is the client competent to give informed consent?  At what point is the client medically incapacitated?  There are many issues to be explored in the field of Elder Law, and this guide will provide some jumping-off points!

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Elder Law in Florida – What You Need to Know – John Frazier

Elder Law in Florida – What You Need To Know Now Elder law in Florida is something that senior citizens and their loved ones should know about. While elder law is basically national (beginning with federal law via the Older Americans Act of 1965); many things that are covered under elder law vary from state to state. So, while Florida elder law may say one thing, elder law in another state may contradict Florida law (although not necessarily.) Some of the main issues involving elder law include power of attorney, estate planning, guardianship, and matters that have to do with Medicaid and other disability benefits. Provisions for all of these issues can and do vary from state to state. When it comes to elder law in Florida, one of the most important things you will need to know is how Florida elder law approaches estate planning. For example, under Florida inheritance law, if you die intestate (without a Will) your spouse will get priority in the distribution of your estate, even before your own children. This may be a problem in certain situations – like when a couple separates but never gets a legal divorce. The best way to avoid this problem is by making a Will. If you are a senior citizen, you may want to consider hiring an elder law attorney, who will have considerable knowledge of elder law in Florida, to help you write your Will, since estate planning for senior citizens has a number of unique aspects and can prove to be costly if mistakes are made. Yet another important issue for many seniors in Florida is that of guardianship, especially with so many seniors taking guardianship over their grandchildren in today’s world. Florida’s qualifications for guardianship are not very unique from that of other states, but there are some important requirements that many people may not be aware of. A good elder law attorney can help you revise your Will to include your preferences for who the child should live with if you happen to die before they turn 18. Of course, there are times guardianship of the elder needs to be pursued because of dementia. Guardianship for an elder typically results from the elder not executing a durable power of attorney before becoming incapacitated. Legal issues regarding elder law in Florida, Medicaid planning, and estate planning can be confusing and hard to understand when wrapped in legal jargon. My book Protecting Your Family’s Assets in Florida: How to Legally Use Medicaid to Pay for Nursing Home and Assisted Living Care gives you an in-depth, yet easy to read, guide on Medicaid planning in Florida, including tough issues like arranging your estate to meet income and asset requirements. You can download the ebook now by visiting my free resources section. You can get a free telephone consultation anytime, day or night, by calling our office. To find out how, visit our contact us page. We have many other articles with information on elder law in Florida, Medicaid planning, and estate planning. You can find them in our Free Article Index. To learn more about the types of issues we take on, please visit our Who We Work With page.

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Information for Elders – Florida Courts

Information for Elders – Florida Courts Court-Related MattersADA – Court Compliance with the Americans with Disabilities ActFamily Law Forms InformationGuardianship InformationLandlord-Tenant Forms – Provided by The Florida BarSmall Claims Information13th Circuit Elder Justice CenterThe Thirteenth Circuit Elder Justice Center is a court program that primarily helps persons age sixty (60) or older who are involved in the Hillsborough County court system because of guardianship, criminal, family or other civil matters.Elder Abuse and ExploitationFlorida statutes specifically address abuse, neglect, and exploitation of elders and disabled adults.  See Chapter 415, Florida Statutes.  Report elder abuse – physical, emotional, financial exploitation – to the Florida Abuse Hotline at 1-800-962-2873 (1-800-96ABUSE)Legal Assistance for EldersThe Department of Elder Affairs’ Florida Senior Legal Helpline provides free legal advice and brief service by phone to eligible seniors age 60 and older.  The toll-free number is 1-888-895-7873.Florida Law Help website provides helpful resources such as the Older Floridians Legal Handbook and other legal issue-specific brochures.The Department of Elder Affairs’ Elder Helpline can refer seniors to legal providers that receive funding through the Older Americans Act.  The toll-free number is 1-800-963-5337 (1-800-96-ELDER).The Florida Bar Lawyer Referral Service can assist seniors and other persons in finding an attorney, particularly those persons who are not eligible for publicly funded legal services or who have a legal need that cannot be met through legal aid. The toll-free number is 1-800-342-8011.The Florida Bar offers information and pamphlets on wills, trusts, and estates, and other legal topics.The Florida Bar also offers information and some forms relating to Living Wills, Health Care Surrogates, and Advanced Directives.Reference and Referral InformationThe Florida Department of Elder Affairs is the primary state agency administering human services programs to benefit Florida’s elders.(For more information, visit their website).The Florida Attorney General’s Office provides information to assist elders and other persons in protecting themselves from consumer fraud.  For more information, visit their website orcall their toll-free Fraud Hotline at 1-866-966-7226.The Department of Elder Affairs’ Elder Helpline can help identify local sources of assistance, including social services, housing, and long-term care issues.  The toll free number is 1-800-963-5337 The Florida Long-Term Care Ombudsman Program utilizes volunteers to advocate for people who live in nursing homes, assisted living facilities and adult family care homes.  For more information, visit their website or call their toll-free number at 1-888-831-0404.The Florida Alliance for Assistive Services and Technology has an on-line library that provides self-help resource guides on a variety of disability-related laws and regulations of interest to elders, including General Resource and Self-Help Information for Older Individuals with Disabilities, Nursing Home and Health Care Resources Guide, and General Housing Resource Guide. Last Modified: June 07, 2022

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Elder Laws Florida – Lehn Law, P.A.

Elder Laws Florida – Lehn Law, P.A.Emotional and Psychological Elder Abuses—This term describes any act committed intentionally to inflict mental pain and suffering on old persons. Emotional and psychological abuses can manifest in many forms. Some examples of emotional abuse are insults, isolation, threats, and deprivation. Emotional and psychological abuses can negatively affect old persons resulting in depression, low self-esteem, and mood swings. Financial Elder Abuse—This term is used to describe the financial exploitation of elders. It is all too common for people to obtain and use an old person’s financial resources, estate, or property illegally. Perpetrators of this abuse can be relatives, friends, or strangers. Elder Neglect—This occurs when someone entrusted with taking care of the elderly fails to provide that service, exposing the senior citizen to danger. Some examples of elder neglect include not providing health care, nursing home care, clothing, and basic nutrition to an elder. Elder Abandonment—Many old persons, particularly those with disabilities, need constant attention and care. Anyone who intentionally deserts an elderly person is guilty of elder abandonment. Elder abandonment is a serious offense because of the danger it poses to its victims. In most cases, abandoned elders and disabled adults look malnourished, unkempt, and frail. Florida Elder Abuse Reporting Laws The Florida elder abuse reporting laws make it mandatory for any witnesses to report elder abuse. Anyone who knows or suspects that a vulnerable adult has been or is being abused, neglected, or under exploitation must immediately report such knowledge or suspicion to the Florida Abuse Hotline at 1-800-962-2873. Anyone making a report in Florida will be asked to provide the following information: Name, age, race, sex, physical description, phone number, and location of each victim suffering abuse, neglect, or exploitation. Names, addresses, and telephone numbers of the victim’s family members. Name, address, and telephone number of each alleged perpetrator. Name, address, and telephone number of the caregiver of the victim, if different from the alleged perpetrator. Name, address, and telephone number of the person making the call and reporting the alleged abuses, neglect, or exploitation. Description of the physical or psychological injuries sustained. Any actions taken by the reporter, such as notification of the police. Any other information available to the reporting person (e.g. the date or dates), which may establish the cause of abuse, neglect, or exploitation that occurred or is occurring. On receipt of the elder abuse or exploitation report, the appropriate department will begin an investigation. Florida statutes mandate the investigator to report any death of an elder because of abuse or exploitation to a medical examiner or law enforcement agency.

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Elder Law – The Florida Bar

Elder Law – The Florida Bar Purpose The Elder Law Section exists to cultivate and promote professionalism, expertise and knowledge in the practice of law regarding issues affecting the elderly and persons with special needs, and advocates on behalf of its members. The section publishes The Elder Law Advocate and presents three awards annually to section members who demonstrate a willingness to serve in the field of elder law. Section Administrator Emily Young, 850-561-5650

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Welcome to The Academy of the Florida Elder Law Attorneys!

Welcome to The Academy of the Florida Elder Law Attorneys! Home The Academy of Florida Elder Law Attorneys (AFELA) is the pre-eminent organization of Florida elder law attorneys providing advocacy, education and action on behalf of seniors and people with disabilities. The Academy of Florida Elder Law Attorneys (AFELA) is the Florida state chapter of the national organization known as the National Academy of Elder Law Attorneys (NAELA). There are many other state chapters of NAELA around the nation. AFELA is one of the largest chapters. Membership in AFELA requires membership in NAELA and an adherence to its aspirational standards for professional behavior. The Academy of Florida Elder Attorneys was founded in 1993 as a professional association of attorneys who are dedicated to improving the quality of legal services provided to the elderly. Currently, it serves as the pre-eminent organization for private practice elder law attorneys in the State of Florida. Its primary focus is advanced level education, yet the Academy offers several CLE in-person programs and web-based programs on a wide range of topics in the elder law concentration. One of its most lauded membership benefits is the AFELA listserv which is an open forum for questions and answers among its members on nearly every elder law topic imaginable. If you are an elder law attorney, we are interested in having you join the AFELA membership. For more information, you may contact our administrator at [email protected] Sponsors

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