What is the Process of Guardianship?
Guardianship is the legal process whereby a person is determined to be incapacitated and another person is appointed to make decisions on behalf of the incapacitated person. This process should considered as a last resort....when no other methods can be used to care...
Summer Travels
We have reached the time of our year when even our year-round residents contemplate summer travels. Maybe you are going to spend some time in your other home. Many go to visit family-see how those grandkids are doing in person. Or maybe you just want to dodge the heat...
What is Probate?
Probate is the process whereby a decedent’s assets which are held in his or her name alone, are transferred to the beneficiaries pursuant to the terms of the decedent’s Last Will and Testament or to the heirs if the person has no will. A person’s will provides for the...
Planning in the Early Stages of Dementia
The early stages of dementia are often recognized by family members first. Most patients and their families are not entirely surprised when a diagnosis of dementia is made by a physician. The patient and the family have probably been noticing subtle changes for some...
MEDICAID MISCONCEPTIONS
Often we are asked about qualifying for Medicaid. Sometimes people have collected information from friends and relatives who have navigated the Medicaid system in another state. While Medicaid has Federal implications, it is administered on a state level and state...
Efforts to Avoid Probate Can Cause Unintended Consequences
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...
Caregiver Burnout
Many of our caregiver clients are dealing with the biggest challenges they have ever faced. Their loved one can no longer toilet, feed, bathe, and dress themselves. Watching a family member lose the ability to function and revert to a childlike state is not only...
What if you pass without a Will?
What Happens If a Person Dies Without a Will? There is a common misunderstanding that if a person dies without a will that the estate will go to the state. This is not true. When a person dies and has assets in his or her name alone, the estate will be...
Poor Nutrition in the Elderly
It’s an old saying most of us have heard and practiced while growing up, “eat everything on your plate.” As we age, there are many factors in which proper nutrition is not met. Poor nutrition and malnutrition occur in 15 to 50 percent of the elderly population....
How To Hold Title To Real Property
Many people ask what is the best way to hold title to 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 foreseeable, you should...
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...