How to Plan for Aging
One of the essential pieces of our work in analyzing whether the estate planning that is in place is adequate or appropriate to satisfy the long term care needs of the client. Many estate planning documents were created for tax avoidance purposes. Changes in the tax...
Medicaid and Income Producing Property
Often we are working with our clients to attain Medicaid eligibility. Medicaid is especially important in the context of skilled nursing; because of the expense involved and the benefit available for institutional care through Medicaid. However, if you or your loved...
March 25th is Medal of Honor Day
While other Floridians have received the Medal of Honor, Robert R. Ingram is perhaps the only living current Floridian to have achieved this honor. Robert Roland Ingram (born January 20, 1945 in Clearwater) is a retired United States Navy hospital corpsman third...
Planning for the Well Spouse
I'm Jill Burzynski, from Burzynski Elder Law and today we will talk about Planning for the Well Spouse We work with many couples where one of the spouses is suffering from chronic long term illness. Planning for the care of the physically or cognitively...
Probable Increase in Personal Needs Allowance
Seniors living in Nursing Homes who rely on Medicaid are allocated an amount monthly as a Personal Needs Allowance. This amount pays for personal items such as clothing, toiletries, haircuts, etc. For many years it was a paltry $35 per month. In 2014 the...
Many Benefits of Exercise
It is hard to over-stress the importance of staying active to the healthy aging process. Even moderate amounts of exercise have proven benefits with very limited side effects. Some geriatricians call exercise the true fountain of youth. Any change or increase in...
New Medicare Cards Coming
To fight identity theft for people with Medicare, the Centers for Medicare & Medicare Services is issuing new Medicare cards that will not longer include the Social Security number. According to the AARP identity theft has been on the rise among those age 65 and...
Should I Stay, or Should I Go?
Many of our clients must face the choice of whether to stay home or move into an independent or assisted living community. How do you know when it is time to make a move? Staying at home is familiar, and comforting. You know where everything is, and can predict what...
VA Procedure
We often file claims for Veterans or their spouses for financial help from the VA. The purpose of this article is to explain in more detail the procedure for obtaining Aid & Attendance. When we are filing for Aid & Attendance we need to demonstrate several...
Filial Responsibility
Filial responsibility is the legal concept that a family member may be liable for another’s debts merely based upon the family relationship. While these laws have not been enforced very frequently, the concept could have devastating effects for families taking care of...
I Have a Trust…I Have No Other Legal Needs
Yesterday, I attended a function where I heard a conversation among some Seniors. The conversation went as follows: Jane: I have a trust.... so I have done my legal planning. Susan: I have a trust and it is fully funded. Mary, do you have a trust? Mary: I don’t have a...
What about a DNRO Tattoo?
A Do Not Resuscitate Order is a specific legal document authorized by Florida Administrative Code Rule: 64J-2.018. A Do Not Resuscitate Order (DNRO) is the way to inform emergency medical personnel if one does not wish to be resuscitated in the event of respiratory or...
2018 Elder Law Numbers
The 2018 Elder Law Numbers have been announced by the various government agencies which administer the programs. They are as follows: The Centers for Medicare and Medicaid Services (CMS) has released the new Medicare premiums, deductibles, and co-payments for 2018:...
Happy New Year from Burzynski Elder Law
We would like to take this opportunity to wish you a Happy New Year. It has been our honor and pleasure to serve our clients during 2017 and we look forward to helping our clients face whatever challenges the new year presents. We want to remind all of our Life Care...
The Expanded Role of the Elder Law Attorney
Elder law attorneys have long helped clients pay for nursing home care through the use of the Medicaid program. While this is important work, elder law attorneys focusing on Life Care Planning can do so much more for families facing long term care. Navigating the...
Dementia and Driving
Driving is often one of the first obstacle that families face when a loved one is diagnosed with dementia. In the very early stages of dementia, many people maintain the ability to drive. Since dementia is a progressive illness, this ability will eventually wane....
Pending Elder Legislation
The U.S. House of Representatives will soon be considering legislation including the Elder Abuse Prevention and Prosecution Act S. 178, which was recently passed by the Senate. It has now been referred to the Committee on the Judiciary and to the Committee on Energy...
Lessons from Irma
As we begin our slow recovery from the devastating effects of Hurricane Irma in Naples, we have been reflecting on the delivery of care to the elder population. Hurricane Irma has brought into focus the vulnerability of seniors in our community. If you have an elderly...
Reopening Tuesday, September 18
Our office reopens tomorrow September 18th after Hurricane Irma. If we do not have phone service by then, you can reach the office temporarily at (941) 548-9871. If you need to reach Sue Hendricks, our care coordinator, please call (239) 450-8048.
Jimmo Website Launched by CMS
A long-standing myth has prevented many seniors from obtaining necessary services under the Medicare program. Medicare contractors have long believed that a patient has to be "improving" in order to continue to obtain services. However, "improvement" is not now, nor...
Elder Financial Abuse
Financial abuse of the elderly is rising. Late in 2016 Allianz Life Insurance Company surveyed active elder caregivers for their Safeguarding Our Seniors Study. Forty percent of the caregivers reported that their elder experienced financial abuse more than once;...
The Risk of Using a Non-Attorney Medicaid Planner
Non-attorney Medicaid Planners may be able to obtain approval of a Medicaid application, but may leave a family vulnerable. I am working with a family whose father went into a nursing home last year. The mother continued to live in the home and visited her husband...
Hospital Settled Lawsuit for Failing to Honor End-of-Life Wishes
As an Elder Law Attorney, I often talk to my clients about their end-of-life wishes. We memorialize their wishes in a legal document called an "Advance Directive for Healthcare." The Advance Directive expresses the patient's wishes about life prolonging procedures...
Medicaid Penalty Divisor Increased
June 1, 2017 the Medicaid Penalty Divisor was increased to $8,944.00. This amount was increased from last year’s amount of $8,662.00. The penalty divisor is determined by averaging the cost of nursing home costs throughout the state. The new penalty divisor will be...