Lyons, Beaudry & Harrison, P.A.2026-09-21T19:27:27Zhttps://www.lyonsbeaudryharrison.com/feed/atom/WordPress/wp-content/uploads/sites/1403952/2023/05/cropped-favicon-lyons512-32x32.pngby Lyons, Beaudry & Harrison, P.A.<![CDATA[Legal documents to sign after a dementia diagnosis]]>https://www.lyonsbeaudryharrison.com/?p=473362026-09-21T19:27:27Z2026-09-21T19:27:27ZDurable power of attorney for finances
A durable power of attorney lets a trusted person manage banking, bill payments and property. Under Florida Statutes § 709.2120, banks must generally honor a properly executed power of attorney. Refusing without good reason can expose them to damages and attorney fees. In Florida, this document takes effect the day it is signed. The principal can still manage their own finances after signing and may direct when the agent acts. But the agent's legal authority exists from the date of execution.
Healthcare surrogate designation
A healthcare surrogate makes medical decisions for the principal. This authority applies when the attending physician finds the individual can no longer make informed healthcare choices. Under Florida Statutes § 765.202(2), the designation must be signed in front of two witnesses. The surrogate cannot be one of those witnesses. Neither can the principal's attending provider or that provider's employee. Notarization is not required. Without this document, providers may receive conflicting direction from family members. That conflict can delay care when it is needed most.
Living will and advance directives
A living will states what care a person wants near the end of life. It applies in cases of terminal illness, end-stage disease or a persistent vegetative state. Advance directives may also address:
Comfort care and pain management
Mechanical ventilation
Cardiopulmonary resuscitation
Artificially provided nutrition and hydration
Without written guidance, family members often have to guess what a person would have wanted. That guesswork raises the risk of conflict during a health crisis.
Why signing these documents early matters
Confirming legal capacity before signing estate planning documents can help prevent later challenges. Each document should reflect an understanding of its purpose, who will act under it and what powers it grants. If capacity is unclear, a medical review may help.
Properly executed documents signed while capacity is intact may also help avoid court-supervised guardianship. A Florida elder law or estate planning attorney can identify the appropriate documents and confirm that they meet Florida's legal requirements.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[What to do with creditor claims in Florida probate]]>https://www.lyonsbeaudryharrison.com/?p=473322026-09-09T16:16:52Z2026-09-09T16:16:52ZThe personal representative must handle creditor claims formally
Florida probate does not leave creditor issues to informal family decisions. The personal representative usually must publish a notice to creditors and may also need to serve notice directly on known or reasonably discoverable creditors. That notice starts the clock for claims and objections.
Probate is not just about distributing property. It also requires the estate to address valid debts in the way the law requires. The idea behind a creditor’s claim helps explain why the probate court treats debt issues as part of the administration process, not as side disputes.
Strict filing periods control which claims survive
A creditor does not have unlimited time to seek payment. Florida law sets strict time limits, and the personal representative also has a limited window to object after a claim is filed. Those timing rules affect whether the estate pays the debt, disputes it or bars it.
A creditor dispute may depend on:
The date the estate published or served notice
The timing of the creditor’s filing
Bills, contracts or other documents offered to support the claim
The time the estate has to object
Whether estate funds should pay the debt at all
Timing and documentation shape the outcome as much as the underlying debt.
Early payments can put the probate process at risk
The person handling the estate may feel pressure to satisfy bills quickly, especially when family members want to close the matter as soon as possible. But probate administration often requires a careful review of debts, claims and timing before any distributions are made. Estate administration matters become harder when the representative pays a questionable claim, misses the time to object or distributes property before the debt picture is clear. A probate administration attorney can review the claims process and help protect the estate from mistakes that are hard to undo later.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Can staffing shortages cause elder abuse in nursing homes?]]>https://www.lyonsbeaudryharrison.com/?p=473282026-08-20T08:44:00Z2026-08-20T08:44:00ZWhen a family member enters a nursing home, you expect enough staff to provide basic care and respond when help is needed. But what happens when too few nurses and nursing assistants are responsible for too many residents? In Florida, staffing shortages can contribute to neglect. It may also increase the risk of abuse when residents do not receive proper supervision or care.
How can understaffing put residents at risk?
Florida law sets strict minimum staffing standards for long-term care facilities. Facilities must provide at least 3.6 hours of direct care per resident daily while maintaining specific ratios for licensed nurses and certified nursing assistants. State guidelines also require management to keep detailed staffing records and publicly post the names of on-duty staff members.When a facility operates short-handed, daily duties quickly fall behind schedule. A resident may wait hours for assistance with bathing, medication or using the bathroom. Skipping routine position shifts for bedbound residents significantly increases the risk of painful pressure sores.Beyond delayed basic care, low staffing ratios severely weaken resident oversight. An overworked caregiver managing dozens of seniors lacks time to notice sudden behavioral changes, unexplained bruises or subtle warning signs. Recognizing these subtle shifts early can help families spot neglect before severe injuries occur.Several warning signs may point to problems with staffing or supervision, including:
Frequent delays in answering call lights
Missed meals, medications or personal care
Unexplained falls or injuries
Pressure sores that worsen over time
Sudden changes in a resident’s behavior
Reviewing staffing records and care records can help show whether a shortage affected the care a resident received.
What can families do when staffing may have caused harm?
Keeping records of injuries, missed care and changes in a resident’s condition can help create a clearer timeline. Requesting facility records may also help show staffing levels and the care provided during the relevant period.Legal assistance can help families review these records and assess whether staffing problems contributed to a resident’s injury or violation of their rights. Florida law allows certain claims involving negligence or violations of nursing home residents’ rights when those problems cause injury or death.
When staffing falls short
A staffing shortage does not automatically mean elder abuse occurred. However, when inadequate staffing leads to missed care, poor supervision or preventable injuries, it may become an important part of a nursing home abuse or neglect case.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Can a beneficiary demand a trust accounting in Florida?]]>https://www.lyonsbeaudryharrison.com/?p=473252026-08-10T08:20:02Z2026-08-10T08:20:02ZYou are a beneficiary of a family trust, yet months have gone by and the trustee has told you almost nothing. You do not know what the trust holds or whether your share is shrinking. That silence is unsettling because it prevents you from evaluating whether the trustee is managing the assets responsibly. Florida law gives beneficiaries several ways to obtain information, beginning with the right to receive a formal trust accounting.
Your right to an accounting under Florida law
Florida's trust code imposes specific disclosure duties on trustees. A trustee must keep beneficiaries reasonably informed by sharing material information about how the trust is being managed. For an irrevocable trust, that duty generally includes sending qualified beneficiaries a formal accounting each year. A qualified beneficiary generally includes someone who currently receives trust benefits or could receive property when the trust ends.
The contents of a proper trust accounting
A formal accounting provides substantially more information than a brief financial summary. To count as valid, the report must follow the format Florida law requires. It identifies the trust and the period covered, then lays out what came in and went out, any gains or losses, the trustee's pay, the remaining assets with their values and any debts. This level of detail allows you to evaluate transactions, identify unexplained changes and determine whether the reported figures are consistent.
Exceptions that can limit your access
The right to an accounting is not absolute. While a trust remains revocable, usually during the creator's lifetime, the trustee answers to that person, not to future beneficiaries. In most cases you cannot demand one until the trust becomes irrevocable, often at the creator's death.A qualified beneficiary can also waive yearly accountings in writing, though you can withdraw that waiver later. Because these rights depend on the trust's legal status, confirming whether it is revocable or irrevocable is an important first step.
Options when a trustee refuses to cooperate
Sometimes a trustee ignores a fair request. Begin by making the request in writing and preserving a copy so you have documentation of your efforts to obtain information. If the trustee still will not respond, you can ask a court to order a full accounting.When a trustee has mismanaged assets or hidden information, a beneficiary may petition the court to hold a trustee accountable, which can lead to removal or a financial penalty called a surcharge. These are serious steps worth preparing for.
Your next step as a beneficiary
Silence from a trustee does not have to leave you guessing. If you are a qualified beneficiary of an irrevocable trust and no accounting has come, confirm the trust's status and send a written request for the records you are owed.That request can create a useful record while also clarifying whether the trustee intends to provide the required financial information. From there, you can evaluate whether the accounting is consistent with the trust's terms and the creator's intentions.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Do I need a trust if I already have a will?]]>https://www.lyonsbeaudryharrison.com/?p=473202026-07-28T07:56:42Z2026-08-04T12:00:37ZThe milestones that make life meaningful also bring new responsibilities. Buying a home, welcoming children, caring for aging parents or building financial security can all impact the future in unexpected ways. Estate planning grows out of those moments. It gives people the opportunity to decide how their affairs will be handled instead of leaving loved ones to make difficult decisions during an already emotional time. While many Florida families begin that process with a will, some eventually wonder whether a trust also belongs in their estate plan. The answer depends on their goals, the assets they own and the level of flexibility they want to leave behind.
A will and a trust are designed to do different jobs
Although people often compare wills and trusts, they are not competing documents. Instead, each serves a different purpose within an estate plan.A will explains who should inherit property after death, names the personal representative responsible for administering the estate and allows parents to nominate guardians for minor children. For many families, these are essential protections. However, property governed by a will generally passes through probate before beneficiaries receive it.A revocable living trust works differently. Instead of waiting until death to direct the transfer of assets, the trust holds certain property during the creator's lifetime. After death, a successor trustee can distribute those assets according to the trust's instructions, often without going through probate.Consider a Florida couple who owns a home, maintains retirement accounts and wants to name guardians for their young children. A will may address many of their priorities. On the other hand, someone who owns several rental properties, expects a more complex estate or wants loved ones to avoid probate delays may find that adding a trust better supports those goals.The decision is not necessarily about choosing one document over the other. Many estate plans include both because each addresses different needs.
When adding a trust may make sense
A trust may provide additional benefits depending on a family's circumstances and long-term objectives. It can be especially valuable when someone wants more control over how and when assets pass to beneficiaries.A trust may be worth considering if:
A family wants certain assets to transfer without probate
Someone owns real estate in more than one state
Minor children or beneficiaries with special needs require ongoing financial management
Privacy is important because trusts generally do not become part of the public probate record
A person wants a trusted individual to manage assets if incapacity occurs
Even when a trust becomes part of the estate plan, a will often remains important. It can address property that was never transferred into the trust and allows parents to nominate guardians for minor children.
Build an estate plan around personal goals
Every family's priorities look different, which is why estate planning does not follow a single formula. For some, a carefully prepared will provides the protection they need. For others, pairing a will with a trust creates a more flexible plan that better reflects their financial situation and long-term goals.Understanding the role each document plays can make estate planning feel less overwhelming and more intentional. An experienced Florida estate planning attorney can evaluate individual circumstances, explain available options and help create a plan that provides lasting peace of mind for both clients and their loved ones.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Understanding the Medicaid lookback period in Florida]]>https://www.lyonsbeaudryharrison.com/?p=473222026-07-30T11:41:49Z2026-07-30T11:41:49ZThe Medicaid lookback period explained
Applying for Medicaid long-term care benefits comes with specific rules. One of these is the lookback period. This is a set window of time in which the government reviews your recent financial history. This applies to long-term care Medicaid programs, such as nursing home coverage and home and community-based waiver programs.
The purpose is to determine whether someone transferred or gave away assets before applying for benefits. This helps identify attempts to qualify for benefits sooner by reducing their assets.
The duration of the lookback period in Florida
In Florida, this period extends five years back from the date of application. During this review, officials examine bank statements, property transfers and other financial records to ensure no improper asset transfers occurred.
Every financial transaction within that five-year window is subject to review. Even well-intentioned gifts made years before an application can still fall within the lookback period.
The duration of the lookback period in Florida
In Florida, the lookback period spans 60 months prior to the date of a Medicaid application. That is five full years of financial activity under review. During this period, Medicaid examines bank statements, real estate transfers and gifts made to family members or others. Medicaid may examine any financial transactions during this period.
Transfer that trigger penalties
Not every transfer results in a penalty. Medicaid specifically targets assets transferred for less than they are worth. Common examples include:
Cash gifts to family members
Signing over a home or property
Placing money into certain types of trusts
These transfers can delay your eligibility for Medicaid benefits. It can also leave your family responsible for covering care costs in the meantime.
How Florida calculates the penalty period
When Medicaid identifies a disqualifying transfer, it imposes a penalty period. This is the length of time Medicaid will not pay for long-term care costs. In Florida, the penalty period is calculated by dividing the transferred amount by the state's average monthly nursing home cost. The larger the transferred amount, the longer the penalty period.
Planning ahead for Medicaid eligibility
Waiting until a health crisis occurs often limits your available options. Planning ahead can give your family more time to handle assets properly. Florida law does allow certain exempt transfers, such as those made to a spouse or a disabled child. Knowing which transfers are permissible can protect both your assets and your access to care.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[How to stop power of attorney abuse in Florida]]>https://www.lyonsbeaudryharrison.com/?p=473172026-07-22T09:22:43Z2026-07-22T09:22:43ZWhat signs may point to abuse?
Power of attorney abuse often shows up in patterns before anyone can prove exactly what happened. Warning signs may include:
Unexplained changes in spending or account activity
Unpaid bills despite available money
Unexpected changes in who controls property or financial decisions
Missing financial records
A relative who refuses to share information
An older adult who seems isolated from family members
These signs do not automatically prove wrongdoing. Still, when several start appearing at once, the problem may be more than a misunderstanding.
Why this can be so hard to stop
A valid power of attorney gives an agent real authority to act. That is why these situations can feel so helpless from the outside. Even with a signed power of attorney, an agent cannot use that authority for personal gain or act against the older adult's interests.
When should you involve an attorney?
These cases often reach a point where family suspicion is not enough and private investigation is not realistic. You may not have legal access to account records, title changes or other documents that would show what happened. That is often when legal help becomes necessary. Questions about elder abuse protection may involve court action, emergency relief or efforts to remove someone's authority before more damage occurs.
The goal is to act before the loss grows
If you are already seeing secrecy, missing money or sudden control over an older adult's affairs, the problem may be further along than it looks. In many families, the most important next step is finding out whether there is still time to protect the person and the property at risk.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Why women need to think about long-term care]]>https://www.lyonsbeaudryharrison.com/?p=473142026-06-29T18:32:43Z2026-06-29T18:32:43ZMany women spend years of their lives taking care of family members. They look after their loved ones whether it is a common cold or a terminal illness. But what happens when the caregiver needs care herself?
While many women spend time preparing for retirement and supporting family members, they can often forget about their own future long-term care needs and how these might affect their finances, independence and estate planning goals. Addressing these issues early can give more options and peace of mind.
Women face unique long-term care challenges
Many circumstances can increase the chances that women might need long-term care at some point in their lives. Women generally live longer than men, which increases the chances of them needing assistance with daily activities like home healthcare or assisted living in the future.Some women often spend years caring for their aging parents, spouse and children. The time spent doing so can affect career opportunities, retirement savings and financial security. This can result in limited resources for their own future needs.
Long-term care can affect more than just health
Long-term care planning is not just about preparing for medical issues. The requirement for any long-term care can affect many things such as living arrangements, financial resources and the ability to make important decisions.Without having a proper plan in place, family members may find it difficult to make decisions about medical treatment, financial management and care management. This situation can create a lot of stress and disputes in the family.
Planning may give more control
Taking some steps to prepare for future care needs can help women have more control over making important decisions in their old age. Important documents such as a power of attorney, health care directives and an elder law planning tool can help to make sure that a trusted person will be able to make decisions on their behalf. ]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Pick a solid trustee for a spendthrift trust]]>https://www.lyonsbeaudryharrison.com/?p=473112026-06-19T19:22:06Z2026-06-19T19:22:06ZWhen doing your estate planning, it is imperative that you select the right trustee for your loved one’s spendthrift trust. Exactly who that individual might be depends on your particular circumstances.
However, there are a few common guidelines that can help you make the best choice possible for a trustee.
They are responsible and trustworthy
Any time you entrust a sum of money to someone, you want that person to make the right decisions. By choosing an individual with a sterling reputation whose ethics can’t be impugned, you are doing your due diligence to ensure the solvency of the fund after you have passed.
They have investment experience
Simply behaving above reproach in their financial dealings doesn’t mean that the trustee is well-equipped to manage the investment streams from the trust’s principal. Choosing a trustee without this level of experience could cause the funds to be depleted far too soon.
Why relatives are not ideal
You might figure that you trust an adult child or grandchild to manage the trust fund of another loved one who might lack the skillset to manage the principal of their own trust fund. Sadly, this can backfire on those funding the trusts.Whenever money enters a relationship between two people, it changes the dynamic of the relationship. For instance, the recipient could attempt to pressure the trustee into agreeing to increase the frequency or amount of the disbursements.Rather than risking disharmony among your family members, by choosing an unrelated financial professional to manage the trust fund you can preserve relationships among loved ones.
]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[How do you discuss your estate plan without the awkwardness?]]>https://www.lyonsbeaudryharrison.com/?p=473092026-06-08T16:29:05Z2026-06-08T16:29:05ZSet the stage for a smoother conversation
You may want to choose a quiet time when no one feels rushed, such as a normal weekend afternoon rather than a holiday gathering. If your family dynamics run hot, it might be beneficial to speak one-on-one first, then share the same message more broadly.
Your opening could also matter. It might be wise to lead with your purpose, such as “I want to reduce stress if something unexpected happens,” instead of starting with numbers or assets. That framing could signal care instead of control.
Privacy concerns might also influence what you choose to share. You could talk about the big picture and still keep details limited, especially if precise figures tend to trigger conflict.
Cover the basics to set expectations
A simple structure usually keeps the talk from turning into a debate. You may want to explain your priorities first, then outline the practical points. For example, you might say you value keeping peace in the family or helping a surviving spouse during a crisis.
Consider covering three categories:
Describing what matters most to you and why it is important
Explaining who you might trust to handle certain responsibilities
Specifying where you keep important documents so others may know where to look and ensuring you have legally authorized their access through your estate plan, such as granting digital access
Questions may follow, and emotions may run high. You might need to set gentle boundaries, especially if someone pushes for details you prefer to keep private. You might also consider taking a break and returning to the topic later if the conversation starts to feel tense.
Clear communication could help support your plan
You might find that having this conversation might feel helpful even if you keep it high-level. Sharing a clear outline for your estate plan may help reduce second-guessing during stressful moments. It could set a calmer tone for family conversations by turning a sensitive topic into something practical.]]>