What if you or someone you love is placed by Florida in an ALF? Experts have tips
You are never too young to contemplate growing old.
Elder law experts warn that the best protection against uncertainty, exploitation or government infringement of your independence is to plan ahead, early and often. Don’t wait for your first crisis to act.
“Everybody over the age of 18 should have a thorough durable power of attorney. Everybody over the age of 18 should have a thorough living will and healthcare surrogate designation. Everybody over the age of 18 should have a guardianship designation,” said Scott Solkoff, a Palm Beach County attorney who is a former chair of the Florida Bar Elder Law Section.
“These are all simple documents. They are not expensive to do.”
Having legal documents on hand, at a lawyer’s office or in a file cabinet not only provides peace of mind, but can prevent conflict and legal fees when tragedy or challenges arise. A car wreck leaves you or a loved one incapacitated. Siblings argue over what to do for a parent’s long-term care. You are living alone, with worsening dementia.
When Richard Milstein, a Miami lawyer who also chaired the Bar’s Elder Law section, speaks to families or audiences about the importance of advance planning, he tells them: “This is what you need to do to avoid me.”
Milstein is a litigator. He earns a living overseeing “high conflict” disputes involving elders. By the time he gets called, families can be at war over decisions about dad’s house, mom’s assets or grandma’s healthcare. It’s better for families to document those choices before emotions and emergencies impede thoughtful planning.
Legal costs increase when elders and their families have to go to court to make themselves heard. It is wise to update documents every time you experience a life-changing event, such as the birth of a child or grandchildren, divorce, retirement, debilitating illness or diagnosis of a degenerative disease, Milstein said.
One demographic group faces particular hardship when old age or dementia renders them incapable of caring for themselves. A recent article in the National Academy of Elder Law Attorneys journal called them “solo agers.” They have no spouse and no children to help with decisions or care. According to a 2021 U.S. Census report, 22 million adults 55 and older live alone and 27.7% of them are childless.
“Older adults who have adult children nearby often live with a child, receive financial assistance from adult children, or receive long term and personal care for free from adult children,” the article said. “These options may be seen as backup plans, but are not typically available to solo agers.
“Therefore, solo agers must carefully plan for the future,” said the article, written by Eric Einhart, a New York elder lawyer who is the academy’s president. “These older adults must plan accordingly or risk having their autonomy determined by circumstance or a court.”
Seniors who don’t have children or spouses “are totally at the mercy of the system,” said Edwin Boyer, an elder law lecturer at Stetson University College of Law and a member of the American Bar Association’s Commission on the Elderly. “They have nobody to speak for them.”
One scenario that nobody anticipates is a knock on the door from a Florida Department of Children and Families adult protection investigator. Whether you are in dire need of the state’s help or not, there are ways to protect yourself if you are taken into state custody.
One of the biggest hurdles for elders seeking guidance when the state intervenes in their personal affairs is the opacity of the Florida law governing adult protection. Even attorneys who specialize in wills, trusts, estate planning and probate may have no experience dealing with Chapter 415 of the Florida Statutes.
“Very few people do that,” said Lauchlin Waldoch, a retired elder lawyer in Tallahassee. “A garden variety estate planning attorney might not be an expert in it, and might not want to touch it with a 10-foot pole.”
Those legal documents you signed when you were younger could prove indispensable if an investigator believes it’s in your best interest to be removed from your home, Milstein said. An advance directive could force a judge to consider your wishes — or listen to a trusted relative on your behalf — when deciding whether you are safe at home and, if not, where you should live.
“I’ve been called in after someone was removed from their home and placed in a facility that’s not appropriate for them,” Milstein said. By that point, families will need to seek a court-appointed guardian in order “to make a change.”
Elders and their families do have options, lawyers emphasized.
First, you have a right to challenge your removal and relocation in court, and to be represented by a lawyer — paid for by the state, if necessary, Solkoff said.
People deciding the fate of elders caught up in state intervention don’t always get it right, Solkoff said.
“These adult protective service workers are in low-paid positions, are often young people just starting out, and they don’t have the life experiences, let alone training, that elders want and deserve,” he said.
Those state caseworkers can be called upon to determine whether an elder has the mental acuity to agree to be moved from their home to an unfamiliar place. Some workers are not qualified to make such a determination, he said.
Seniors swept into the adult protection system may not be capable of agreeing to a relocation or other restrictions, Solkoff said. An elder can only volunteer to accept state supervision if she or he has the capacity to make informed choices.
“They are not consenting,” Solkoff said. “They lack the ability to consent.”
Having a power of attorney in place, or at least a capable spouse or adult child, can make an elder’s wishes known, if not respected.
“This doesn’t stop the problem of government overreach. But it gives some control to the person stepping in,” Solkoff said. “That’s the person they chose while they were competent.”
This story was originally published April 2, 2026 at 5:30 AM.