Gifts Impact Medicaid Eligibility
An individual can gift $14,000 per beneficiary per year without incurring gift tax liability. Seniors often gift $14,000 or less because they think that amount is "legal." However, such gifts can eliminate or delay potential eligibility for Medicaid. The annual...
Gifting Real Property
We often meet with prospective clients who have decided to convey real property to their children or other beneficiaries for various reasons. Sometimes we hear that the goal is “avoiding probate.” Other times we hear that the purpose is to prevent the government from...
Estate Planning for the Caregiver Spouse
Obtaining Medicaid eligibility for a married person can often be done preserving all of the couples’ collective resources. When this planning is done, it is critical that the caregiver spouse’s estate plan be carefully considered so that, should the well spouse die...
Establishing Caregiver Contracts
According to the National Alliance for Caregiving Report, Caring in the U.S. 2009 about 48.9 million Americans spend an average of 20 hours a week caring for a loved one 50 years old or older. Generally this care is provided free of charge by the family caregiver. The...
Visitation Rights at Nursing Homes
On occasion, family members have advised that a nursing home tells them that they cannot visit their relatives at any time, but can only visit during “visiting hours.” However, pursuant to Federal law, nursing homes cannot restrict a family member from visiting a...
Discharge from Nursing Homes
Families often worry that a loved one will be involuntarily discharged from a nursing home, leaving family in a position of trying to care for someone with too many needs for family to be able to provide adequate care. Families particularly worry about loved ones who...
Residents’ Needs Must Be Foremost
One of our new clients recently told us that before he retained our services, a nursing home was requiring his father to get up at 5 a.m. for his bath in order to balance the day and night shift. His father, who suffered from Alzheimer’s, wanted to sleep until 8:30 or...
Physical Restraints
Both Federal and Florida law restrict the use of physical restraints for nursing home residents. Under the Federal Nursing Home Reform Law, a physical restraint can be utilized only to treat a resident’s medical conditions or symptoms. Restraints never can be used...
Nursing Home Admission and Discharge
The holiday season brings families together. Sometimes when family members arrive in Naples to see their aging parents, they are surprised to find their parents in need of critical medical care. Hospitalizations may lead to nursing home admissions. Family members...
The Montessori Method and Alzheimer’s Disease
The Montessori teaching method holds promise for the care of patients afflicted with Alzheimer's Disease. Developed for small children just learning about their environment, Montessori uses tactile (hands-on) training to manipulate simple, every-day objects to reach a...
Out the Door…Now! Planning for a Hospital Stay
By Barbara Miller, RN Have you ever been in a situation where you needed to go somewhere at the drop of a hat? In most situations you can manage, perhaps a little flustered, but you can get there and do what is necessary. Now think of being at the ready in a true...
Admission to the Hospital
When a loved one goes into the hospital, our concerns are focused on his or her health and making sure that he or she gets better. However, admission to the hospital carries with it legal and financial obligations which are difficult to think about in the midst of a...
Changes to Nursing Home Guidelines
Moving to a nursing home is a life changing event. Last year the Centers for Medicare & Medicaid Services (CMS) issued new guidance for nursing home surveyors emphasizing the importance of resident quality of life and homelike environments. CMS is making clear...
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...