Medicare Improvement Standard
On January 18, 2011 the Center for Medicare Advocacy along with co-counsel from Vermont Legal Aid filed a class action against Kathleen Sebelius, the Secretary of Health and Human services aimed at terminating application of the Medicare “Improvement Standard.” The...
Benefits Applications
I recently received this question from a reader of my articles: My wife is in a nursing home and I have applied for Medicaid. Luckily I was able to find a knowledgeable person to help me so I did not have to pay for assistance in applying. We own our home and I...
Court Ordered Support when a Spouse is on Medicaid
When a husband or wife needs Medicaid in a nursing home, the Department of Children and Families allocates to the well spouse a portion of the nursing home spouse’s income. The income allowance brings the “well spouse’s” total income to a range between $1991 and...
Medicaid Misconceptions
We meet with families on a regular basis who face long term care issues who make decisions based upon an incomplete understanding of the laws and rules concerning Medicaid. Sometimes the information is obtained from friends and relatives who have navigated the...
Long Term Care Insurance Partnership Policies
Long term care insurance can provide a source of funds to pay for long term care. Long term care insurance partnership policies are a special type of long term care insurance which help protect the assets of policy holders who subsequently seek Medicaid benefits....
VA Claims
By Daniel A. Burzynski Many Veterans do not realize that they may be eligible for a benefit to help cover the costs of medical care. If you are a Veteran who served in wartime you may qualify for additional monthly pension. This benefit, called "Aid and Attendance"...
Ending Exploitation
As we help seniors find, access and pay for good care, we have found many of our clients have been exploited by insurance salespeople selling inappropriate financial products to elders in the guise of “Medicaid Planning” or “VA Benefits Planning.” We have found...
Property Tax Relief
By Daniel A. Burzynski If you are feeling caught between rising property taxes and a fixed income, there may be relief. The Property Appraiser's office can help you apply for the various exemptions to help reduce your tax bill. The most important is the homestead tax...
Statutory Protections for Annuities
Seniors have a number of investment choices available. One option is to purchase an annuity. An annuity is an investment which pays back periodic payments to the investor, either over a fixed period or for life. Annuities may be either immediate, which begin the...
Reverse Mortgage Options
As of October 4, 2010 there is new option in the area of Reverse Mortgages. Federally insured Reverse Mortgages have been offered under the name of HECM loans, for “Home Equity Conversion Mortgage.” The U.S. Department of Housing and Urban Development (HUD) and the...
Exploitation of the Elderly May Become Easier to Prosecute
The Governor recently signed a bill into law that may help to curb the growing exploitation problem in the state. Financial exploitation of the elderly is less reported than other forms of abuse. It is believed that only 1 in 14 cases of financial exploitation against...
Multiple Implications of Annual Gifting
As the end of the year approaches, many may be thinking about utilizing the $14,000 annual gift tax exclusion. The annual gift tax exclusion makes it possible to give money to any number of people without having to pay gift or estate taxes. Annual gifting to children...
Medicare Benefits–Jimmo Case
Earlier this year, chronically ill persons who had had their Medicare benefits discontinued because they were told that they were not improving filed a lawsuit in Vermont federal court Jimmo, et al vs. Sebelius, 5:11-CV-17, (D. VT., January 18, 2011). Historically,...
Informal Estate Plans Fraught with Problems
Many times clients have expressed to me that they have decided to not only name their most responsible child as Personal Representative or Trustee in their estate planning documents, that they have also titled assets in that responsible child’s name or left him as the...
Changes to Florida’s Homestead Law
In 2010, the long standing homestead law in Florida changed. The old law provided that (as long as there was no pre or post nuptial agreement waiving rights) a surviving spouse was entitled to at least a life estate in the home. For instance, if a married couple lived...
Pet Trusts
Have you thought about what happens to your pet when you die? Pet trusts can assure your pet's well being. Many of us have pets who add joy to our lives. But what happens to them after you are gone? Who will take care of them as well as you did? Your children may be...
The Pitfalls of Joint Accounts
Elderly parents often put their children's names on accounts because they want their children to be able to pay their bills if they can't, and so the account goes to the child upon their death. However, joint ownership is seldom the best tool for accomplishing these...
What Your Attorney Needs to Know
A client that I had not seen for several years called me the other day wanting to add a newborn grandchild to her estate planning. I told the client that I would need updated financial information in order to revise her estate planning documents. The client was...
When Chronic Illness Strikes the Blended Family
Blended families are families where one or both spouses have children by a previous marriage. Typically, parties want to provide for each other and also for their children of prior marriages. The situation becomes even more interesting when the children are...
Florida’s New Durable Power of Attorney Statute
Among the new laws which the Florida legislature passed this session were substantial changes to the Durable Power of Attorney Statute. A durable power of attorney (DPOA) is a document in which you appoint someone to legally act on your behalf. The new law takes...
Avoiding Probate
Many people believe that probate is something that should be avoided in all cases. When asked why probate should be avoided, people often express that probate will be a very expensive and time consuming process. These perceptions are not necessarily true. The efforts...
End-of-Life Planning
Dear Jill: I am 85 years old. I am married and have no children. What are my options for end-of-life care? Thank you, Margret Dear Margret: When considering end-of-life options for our clients, a number of factors must be considered. It is critical that you receive...
Home Health Care Benefits
Most people would prefer to have long term care provided in the home as opposed to receiving care in a facility. This type of care is particularly expensive, however, most long term care policies do provide this benefit. In addition, home care may be financed by one...
Assisted Living Regulations
Assisted living facilities are licensed by the state and must follow state regulations set forth in the Florida Administrative Code. In general, residents of an assisted living facility should initially be able to perform their activities of daily living; however,...