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Monthly Archives

June 2019

“It’s All Greek to Me”: Escrow

By Land Conservation Easements, Real EstateNo Comments

A distant cousin of the crow? Not exactly. “Escrow” is a term that can be found in many different contexts, but it typically refers to agreements where an impartial third party retains control of assets throughout the duration of a transaction.

            For instance, in real estate, the money one puts down to purchase a house is placed “in escrow” until the final contract is signed by both buyer and seller. While the money is in escrow, neither the buyer nor the seller has access to it – rather, the impartial third party holds on to the funds until the transaction is completed or cancelled.

If you need guidance through the real estate process, attorneys Fred Jacobs and Sean Byrne of Bach, Jacobs & Byrne, P.A. are real estate attorneys and escrow/title agents who can help you with a closing on the purchase or sale of real estate. Call today at (941) 906-1231 to set up a consultation.

June 25, 2019
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What is Adult Protective Services in Florida?

By Elder Law, Guardianship, HealthNo Comments

Adult Protective Services is a program of the Florida Department of Children and Families. Their mission is to protect vulnerable adults from abuse, neglect, exploitation, and self-neglect, as well as to enable adults with disabilities to remain comfortable in their communities.

A vulnerable adult, as defined by Florida Statute §415.102, is “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.” If you suspect that a vulnerable adult you know is the victim of abuse, neglect, exploitation, or self-neglect, do not hesitate to call the Florida Abuse Hotline, 1-800-962-2873. The suspected abuse can also be reported online at https://reportabuse.dcf.state.fl.us/.

For more information, visit the Adult Protective Services website, http://www.myflfamilies.com/service-programs/adult-protective-services. If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

June 21, 2019
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What is summary ancillary administration?

By ProbateNo Comments

Summary ancillary administration is a type of ancillary probate in Florida (as a reminder, ancillary probates are generally necessary when a nonresident of Florida dies leaving real property in Florida). As defined in the Florida Probate Code, to qualify for this form of ancillary probate, the following criteria must be met:

  • The decedent had a Will
  • The decedent was not a resident of Florida
  • The decedent died less than two years ago
  • The decedent’s assets have a gross value of no more than $50,000
  • The personal representative was appointed by an out-of-state court
  • The pleadings from the foreign state probate court are available to be filed in a Florida court

In a summary ancillary administration, it is not necessary for a Florida personal representative to be appointed. However, the personal representative from out of state may file the transcript of the original probate proceedings with the Florida circuit court of the county where the decedent’s property remains, and he/she may also publish a notice of administration to all creditors and interested parties of the decedent’s Florida assets.

If you are a personal representative in need of probate guidance, the highly-skilled and experienced attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941) 906-1231 to set up an appointment.

June 17, 2019
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What questions should I ask if I think my loved one is the victim of elder abuse?

By Elder Law, Guardianship, HealthNo Comments

Despite how common elder abuse is in Florida, it’s not always easy to detect when a loved one is a victim of abuse, exploitation, neglect, or self-neglect. While there are many questions one can ask to determine whether a loved one is being abused, below are some recommended by the Stanford School of Medicine:

1) Do you feel safe where you live?

2) Who prepares your food?

3) Does someone help you with your medication?

4) Who takes care of your checkbook?

Of course, one can also ask more directly about the suspected abuse:

5) Does anyone ever hurt you?

6) Does anyone ever take things from you without asking?

7) Does anyone ever make you do things you don’t want to do?

8)) Have you signed anything strange lately?

9) Are you afraid of anyone at home?

10) Are you alone a lot?

            If your loved one’s answers convince you that there is reason to believe they are the victim of elder abuse, call the Florida Abuse Hotline, 1-800-962-2873, as soon as you can. You can also report the suspected abuse online at https://reportabuse.dcf.state.fl.us/.

To discuss the different legal remedies available to you, including guardianship, call Sean M. Byrne, Esq. of Bach, Jacobs & Byrne, P.A. at (941) 906-1231.

 

June 13, 2019
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What are my responsibilities as a Florida guardian now that the ward has died?

By GuardianshipNo Comments

If you are a guardian of the person, your duties end once the death certificate is filed with the court. However, if you are a guardian of the property (or a guardian of the person and the property), it is necessary to file a final report (including an accounting), death certificate, and petition for discharge upon the death of the ward. These documents may also need to be served on specific interested parties.

A guardian is not automatically named personal representative of the decedent’s estate – the probate court takes into account a number of factors in this decision, including statutory preferences for who is appointed. If you are a guardian in need of assistance regarding your ward’s end-of-life documents, or if you are seeking appointment as personal representative, contact the experienced elder law and estate attorneys of Bach, Jacobs & Byrne, P.A. Call us at (941) 906-1231 to schedule a consultation.

June 11, 2019
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When can a nursing home discharge a resident?

By Asset Protection Planning, Elder Law, Long-Term Care, Medicaid PlanningNo Comments

According to Florida Statute §400.0255, a nursing home must provide notice to a resident it is discharging at least 30 days in advance of the date of discharge. There are multiple reasons which a nursing home can cite for discharging a patient – the following are recognized as valid reasons for patient discharge, except in the case wherein the discharge would be medically harmful to the patient:

-A discharge from the nursing home is medically necessary or would be medically beneficial to the patient, if the facility cannot meet the medical needs of the patient

-The patient poses a threat to the health and safety of other patients or of the facility’s employees

-The facility itself is unsafe for the patient

-The resident no longer requires nursing home care due to an improvement in condition

If a patient feels that he/she has been unjustly discharged, that resident has the right to a fair hearing to challenge the proposed discharge. If the patient files a request for a hearing within 10 days of receiving notice of discharge, the discharge is stayed until the hearing decision is reached. The patient has up to 90 days to file a request for a hearing, but he/she may be discharged after 30 days of initially receiving notice of discharge if the request for a hearing was not filed within the 10 days after the receipt of that notice.

It is important to note that the notice of discharge provided by the facility must specify the reason for discharge under state or federal law, as well as the procedures for appeal; if this information is not provided, the discharge is not valid.

June 7, 2019
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VA Mission Act of 2018: A Summary

By Veterans AffairsNo Comments

The VA Mission Act (formally titled, “the VA Maintaining Systems and Strengthening Integrated Outside Networks Act”) was signed into law on June 6th, 2018, and it bears important consequences for veterans and military families throughout the country.

Below are some key provisions included in the new law:

-The Veterans Care Community Program is established. This requires the VA to furnish care through other institutions in a veteran’s community when the local VA cannot itself provide the care which that veteran requires.

-New access standards are instituted for regulating veteran care. These standards address veteran satisfaction, the timeliness of the care provided, the effectiveness of the care provided, and more.

-A new strategy is presented to guide the Department of Veterans Affairs’ High-Performing Integrated Health Care Network. The VA will be required to conduct market area assessments at least once every four years to determine the capacity and efficacy of local VA health care services.

-An educational health care program requirement is established. The VA is tasked with creating and maintaining a program to teach veterans about their health care options and the services provided by the VA.

-The VA Asset and Infrastructure Review (AIR) Commission is founded.

The full text of the law (Senate Bill S.2372) can be found at: https://www.congress.gov/bill/115th-congress/senate-bill/2372/text.

 

June 3, 2019
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