need opinions

[kellya127]

He was not a resident at the time he gave her the money. (i see that was confusing, the way I wrote that). Oh and NO! She is not looking through his home for a will. Sheeeeeeeeeeeeeesh.

 

[I AM ALWAYS LIABLE]

He was not a resident at the time he gave her the money. (i see that was confusing, the way I wrote that). Oh and NO! She is not looking through his home for a will. Sheeeeeeeeeeeeeesh.

My response:

I would strongly suggest that your "friend" read and understand F.S. 415.40, et seq. - - the Florida "Elder Abuse" statutes (which include "financial" abuse). To misunderstand, or to understate the gravity of Elder Abuse would be a grave mistake. If I was a long lost family member, "coming out of the woodwork" as it were, I'd go after your "friend" with a vengeance.

Suffice it to say, I would not want to be on the "receiving end" of an Elder Abuse civil lawsuit, or criminal prosecution. In summary, I find nothing I can disagree with from our other, esteemed, contributors in this thread thus far.

IAAL

 

[BlondiePB]

ok. to try to answer some questions......competency eval by a psychiatrist was done by Dr.'s orders at the nurse and social worker's request in order to determine if it would be a safe discharge. Everyone agreed it was ok. He was not a resident at the facility. He was in his home and was signing his own checks and making his own decisions until the very end. To clarify, there were 2 checks. One for 3,000 which she cashed and one for 7,000 which she held onto but at this point has been destroyed. She doesn't want it. He wanted to give her 10,000 but she accepted the 3 and 7 for later. It was a thank you gift. He was very grateful to be home. Thanks for all your input.

FL Statute 400.162 - Property and personal affairs of residents.-

(1) The admission of a resident to a facility and his or her presence in the facility shall not confer on the facility or its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident; nor shall such admission or presence confer on any of the aforementioned persons any authority or responsibility for the personal affairs of the resident, except that which may be necessary for the safety and orderly management of the facility.

(2) No licensee, owner, administrator, employee, or representative thereof SHALL ACT as guardian, trustee, or conservator for any resident of the facility or any of such resident's property unless the person is the resident's spouse or a blood relative within the third degree of consanguinity.

A safe discharge?? This terminally ill resident is able to take care of his ADLs and his medical care? This entire thing just "wreaks".

 

[BlondiePB]

He was not a resident at the time he gave her the money. (i see that was confusing, the way I wrote that). Oh and NO! She is not looking through his home for a will. Sheeeeeeeeeeeeeesh.

kellya127,
I'm not the one who is confused. In addition to what IAAL said about understanding Elder Abuse, you and your friend need to understand, real well, what a "vulnerable adult" is and what you are responsible, as mandated by FL statutes in Chpt. 415, are obligated to do according to FL law. It is your duty, by law, to take the appropriate, right action for vulnerable elders, which is not what happened with the now deceased.

 

[BlondiePB]

My response:

I would strongly suggest that your "friend" read and understand F.S. 415.40, et seq. - - the Florida "Elder Abuse" statutes (which include "financial" abuse). To misunderstand, or to understate the gravity of Elder Abuse would be a grave mistake. If I was a long lost family member, "coming out of the woodwork" as it were, I'd go after your "friend" with a vengeance.

Suffice it to say, I would not want to be on the "receiving end" of an Elder Abuse civil lawsuit, or criminal prosecution. In summary, I find nothing I can disagree with from our other, esteemed, contributors in this thread thus far.

IAAL

Thank you, IAAL. And, Chpt. 415 was exactly my next direction. A lot of laws were violated there. The long, lost, family members "come out of the woodwork" really, really, fast.