2020 VA Aid and Attendance Numbers to Know
Many of our clients are war-time Veterans who may look to the VA for some help with payment of their long-term care costs. The Aid and Attendance program, a VA pension, is one way to help, if the Veteran, Veteran’s spouse or surviving spouse can meet the VA...
Do I Need a Power of Attorney?
When we are asked "Do I need a Power of Attorney?" we respond that everyone who has trusted family member or trusted close friend should have a Durable Power of Attorney. This legal document enables the agent named in the document to carry out financial business on...
Medicaid Penalty Period Will Delay Eligibility
Often, seniors give away their assets to their children in an effort to become eligible for government benefits. However, no gifts should be contemplated without fully understanding the Medicaid penalty period. When a transfer of assets is made and Medicaid is needed...
Glossary of Legal Words
legal words Advance Directive: a written or oral statement about how you want medical decisions made should you not be able to make them yourself. Asset Protection: involves examining resources available to pay for care considering benefits that may...
What is Healthcare Fraud and Abuse?
DNA testing is one of the answers to the question “What is healthcare fraud and abuse? This is just one of the scams which target seniors.
How to Pay For Senior Home Care
Frequently, clients come to us to help create a plan for their future. Whether the plan involves preparing to protect their assets, creating a Durable Power of Attorney, or seeking advice about moving into an assisted living facility or nursing home, we remain...
What are Elder Services?
Frequently, when we first meet with clients, they express the need to create a plan to protect their aging loved ones. This need usually stems from witnessing their loved ones struggle with navigating activities of daily living. You may have heard the term “Elder...
What is Geriatric Law?
As Americans continue to live longer, the law has adapted to meet the legal needs of the population. This practice area is referred to as Geriatric Law, or Elder Law. Many people may have heard the term “Geriatric Law.” Often, however, when we first meet with...
Help Dealing with Nursing Homes
As Older Americans continue to age, many are faced with the difficult task of deciding whether moving into a nursing home is the right choice for them. This decision may be planned with the advice and support of loved ones, or may arrive suddenly after an unexpected...
Legal Planning for Seniors
As we age, our needs change and certain activities we may not have struggled with before become more challenging to navigate. Often, this is the time when many Older Americans come to us to prepare for the inevitable changes that come with aging. Sometimes, however,...
What Are Income Limits for Medicaid?
https://www.youtube.com/watch?v=EZB9-xjaXWY&t=67s I'm Jill Burzynski and today's topic is the Florida Income Cap. Florida Medicaid Qualifications requirements include an asset test, an income test and a level of care test. Income in excess of the income cap...
How to Plan for Long Term Care Needs
Long term care needs require planning. Elders should know appropriate options for care considering their financial situation and availability of benefits.
Medicaid Assets Allowed
Medicaid assets must be disclosed and “hiding assets” is never part of a legitimate asset protection plan. Knowledgeable elder law attorneys have an arsenal of tools that assists families doing preplanning and also families that find themselves in crisis.
Proactive Planning for Graceful Aging
Our firm provides proactive planning tools to help our clients receive good care without drowning in expenses.
How Should I Hold Title To Real Property?
Many people ask what is the best way to hold the title to property such as their home. Often they are asking because they believe that there will be a time soon when they cannot live safely on their own. If a move to an independent or assisted living facility is...
New Tool to Stop Exploitation of Elderly
As of July 1, 2018 Florida created two new statutory tools in the fight against exploitation of elderly. The legislation created new F.S. 825.1035 (which creates a new cause of action authorizing immediate ex parte injunctions freezing contested assets), and also...
Florida Medicaid Qualifications-Income Cap
Florida Medicaid Qualifications requirements include an asset test, an income test and a level of care test. This article focuses on the Income cap, which is really an arbitrary rule which, with appropriate legal help, is easily remedied. As of January 1, 2019 the...
What are Residents Rights?
"What are residents rights?" is a question that any already living in, or considering a move to, an assisted living facility, should be asking. First, the law protects the resident’s rights under the US Constitution and the Constitution of Florida. Florida Statute...
A Simple Plan May Bring Big Estate Planning Problems
Many times clients think they have solved their division of assets (after their death) by making up a simple plan of their own device. They may name their most responsible child as Personal Representative or Trustee in their estate planning documents, and titled...
VA Payment Schedule for 2019 Finalized
The Veterans' Administration has announced the VA payment schedule for Aid and Attendance for 2019 (actually effective starting December 1, 2018.) The VA payment schedule increases each year there is a cost-of-living increase in Social Security benefits. The new...
What are Florida Medicaid Requirements and Common Mistakes?
In my practice I encounter many people who believe they know Florida Medicaid requirements make costly Medicaid mistakes because they mistakenly believe some common misconceptions about Medicaid eligibility. One of these common mistakes is that you have to “Spend...
Do I Need to Use the Open Enrollment Period to Evaluate My Plan?
Open Enrollment is the period between October 15-December 7 when you can switch your health insurance plan. We encourage our clients to consider their plans even if they have been satisfied over the past year. Sometimes providers change or the prescription formulary...
How Do the New VA Changes Impact Me?
The Veterans Administration has been talking about implementing new VA changes to the Aid and Attendance or Improved Pension program since 2015. They published the rule on September 18, 2018. We have covered in previous articles the proposed changes and will not...
Did you know that a con artist is the best scammer of the elderly?
Did you know that there are criminals such as the con artist who continue to attempt to get sensitive financial information from vulnerable elders? One scheme that a con artist uses is to prey on the elder's fears about finances. Once the new Medicare cards starting...