Music Can Soothe Dementia Patients
Music is important to people. It seems simple to state that, but it is hard to over-stress how accustomed to music most of us are. New parents-to-be often play music to soothe their unborn child and give it a head start on the world. Whether it is your mom’s lullaby,...
How Do I Protect My Family Inheritance in a Second Marriage Situation?
Dealing with second marriage situations can be tricky. I was talking to a man the other day who told me that his wife of 10 years is suffering from dementia. He explained that her children were her health care agents and are her successor trustee of her living...
Nursing Home Staffing Levels
Anyone who has had to place a loved on in a nursing home will be familiar with the guilt and dread associated with the decision. Sometimes the care required is just too much to provide at home. Other times the mental condition has just deteriorated to the point where...
What is a Guardian?
"What is a guardian?" is a question I often hear when adult children have to come to terms with an aging parent who is failing cognitively. Guardianship is the legal process whereby a person who is functionally incapacitated is judicially determined unable to care for...
Family Dynamics
In our practice we see many different family situations with many different family dynamics. Sometimes there is are multiple caring adult children trying to do their best for their aging parents. Sometimes we have an only child adult caregiver who might lament that...
Is Spend Down Necessary for Florida Medicaid Eligibility?
Florida Medicaid Eligibility I often receive calls from families who tell me that they believe they have to spend down a nursing home resident’s funds until the resident meets the eligibility criteria for Medicaid. These families have done internet research and...
Gifting Real Property Poses Problems
Sometimes we deal with seniors who want us to prepare a deed gifting the home to their children. Some believe that they could wait out the five year ineligibility period and obtain Medicaid. We always try to convey to the prospective callers that such actions can...
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...