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Aid and Attendance

Aid and Attendance

By Daniel A. Burzynski Many Veterans are not aware of the benefits they have access to by virtue of their service. Specifically, Veterans who served during war-time may be entitled to a monthly pension amount to help pay for their unreimbursed medical expenses. The...

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Death of a Loved One

Death of a Loved One

The passing of a loved one is a very difficult time for family members. Many things will need to be accomplished in this difficult time of grief. Some things should be accomplished by family members; others may require the assistance of professionals including a CPA...

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Gifts Impact Medicaid Eligibility

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...

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Gifting Real Property

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...

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Estate Planning for the Caregiver Spouse

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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"...

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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...

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