Resources
- Alzheimers and Dementia
- Caregiver Issues
- End of Life Planning
- Estate Planning
- Financial Products and Issues
- Financing Long Term Care
- Health Care Advocacy
- Medicaid
- Probate & Trust Administration
- Veterans' Benefits
Common Signs of Memory Loss
If you are caring for an aging relative, you may notice some gaps in their memory beginning. Loss of memory can be a part of the aging process. As you care for a loved one, how do you know when memory issues are serious enough to warrant intervention? What happens...
How to Engage with Your Demented Loved One
As their disease progresses, it can be hard to stay engaged with a demented loved one. Sometimes, due to cognitive or physical limitations, the ability to participate in previously enjoyed hobbies and activities is limited. It is easy to think that as the disease...
Planning for the High Cost of Nursing Home Care
Have you made a plan to deal with the high cost of nursing home care? If not, you need to look into how an Elder Care law firm can help you protect you and your family. We often hear about how important it is that we plan for the future. Whether it...
What if I Noticed a Decline over the Holidays?
Despite the Covid pandemic, millions of Americans went home for the holidays. For many adults, this is one of the few occasions when multiple generations gather under one roof. If your parents are getting older, your trip back to the family home can lead to concern...
A Good Estate Plan Can Reduce Elder Exploitation
Financial elder exploitation has been called “the crime of the 21st Century” with one study suggesting that older Americans lost at least $2.9 billion to financial exploitation in 2010 by a broad spectrum of perpetrators, including persons they know and trust, as well...
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...
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...
How Do I Get a Power of Attorney for My Parents?
After answering the question "What is Power of Attorney" I'm often asked to prepare a Durable Power of Attorney for parents. This question inevitably leads to further conversation. The threshold question is "why are your parents not calling themselves?" If I am...
How to Stop Elderly Parents From Driving?
How to stop elderly parent from driving is a problem many adult children face. Driving is often one of the first obstacle that families face when a loved one is diagnosed with dementia. In the very early stages of dementia, many people maintain the ability to drive....
Planning for the High Cost of Nursing Home Care
Have you made a plan to deal with the high cost of nursing home care? If not, you need to look into how an Elder Care law firm can help you protect you and your family. We often hear about how important it is that we plan for the future. Whether it...
Pride in Aging
We here at Burzynski Elder Law are proud supporters of the rights and concerns of the LGBTQ community and are happy to assist our clients seeking pride in aging. We treat all of our clients with equal dignity and concern regardless of race, gender, sexual...
How to Cope with Dementia-Related Accusations
Dementia-related accusations are common but hurtful. Have you been accused of lying or stealing, even though you were just trying to help? As a person’s brain is changing, it can start to link facts and details in weird and unusual ways. This false-memory...
What if I Noticed a Decline over the Holidays?
Despite the Covid pandemic, millions of Americans went home for the holidays. For many adults, this is one of the few occasions when multiple generations gather under one roof. If your parents are getting older, your trip back to the family home can lead to concern...
COVID Vaccine Arrives at Long-Term Care Residences
The much-anticipated COVID vaccine has arrived. It is now rolling out to Florida’s nursing homes and assisted living residences. Some residents are already receiving inoculations. Long-term care facilities in Florida and around the country have been prioritized,...
Talk to your Parents about Long-Term Care
The Holiday season can be a trigger for changes in family dynamics. Often times out-of-state children will meet with their parents for the first time in a year or more. Changes in the parent’s conditions may seem more pronounced after the period of absence. How do...
How to Help a Family Caregiver
Family caregivers sacrifice their own financial security, family time, and health to provide uncompensated care for elderly or disabled family members who need help. Over 40 million Americans are thrust into the role of family caregiver, sometimes unexpectedly. ...
When Family Caregivers Are Not Enough
Sometimes an elderly loved one needs more care that a family member can provide. When you reach the point of needing more care differs with every family. We all have different skills, time available, available space in our home and other factors. Family caregivers...
Will POA Prevent Guardianship?
A good Florida estate plan will always include planning for possible incapacity. A Durable Power of Attorney (DPOA) names a trusted person to make financial decisions for you, while an Advance Directive for Healthcare does the same for health decisions. But there...
The Perfect Gift Idea 2022
Most of our parents get to the age (after retirement) when it can be very hard to think up gift ideas. They have or plan to downsize their homes for easier maintenance and less cost. This makes many of their collections a burden rather than a source of joy. Many...
Do My Kids Automatically Inherit?
In Florida, inheritance rights of children in an estate depend on whether the decedent left a will. If there is a will, it will be clearly stated how much each child should inherit. In many cases, this is a straightforward process. For example, one may state that...
Do I Need an Elder Law Attorney?
Some people ask us “What is an elder law attorney?” It’s not necessarily a very old lawyer. Instead it is an attorney who focusses on the special needs and concerns of those who are aging. Elder law attorneys may help with planning for disability, planning for...
Planning for Legal Issues in a Blended Family
As elder lawyers we sometimes think of our clients as belonging to an “intact” family or a “blended” family. Blended families result where one or both spouses had children from a previous relationship. So some of the adult children are step-children. ...
Health Care Surrogate…Who Should I Choose?
In Florida, living wills and advance directives allow you to give medical providers and family members specific instructions about the types of end-of-life care you are willing to undergo. However, you may also want to designate a health care surrogate who can help...
Talking to Your Kids about End of Life
Discussing the end of life is never a favorite topic. There never seems to be the right time to bring up such a weighty subject. However, it is important to think about how you want your end of life care to be handled and to ensure you set up your estate planning to...
Florida Probate Proceedings
What is a probate proceeding and how does it work in Florida? A probate proceeding is the process whereby assets that were held in a decedent's name alone are passed to his or her beneficiaries (if there is a will) or heirs (if there is not a will). Through the...
Burzynski Elder Law Coronavirus Update
We know here at Burzynski Elder Law that we deal with a vulnerable population. We are doing our best to ensure the the health and welfare of our clients and our staff, while still providing ongoing legal services. While we closed our doors to the public last week, we...
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...
The Perfect Gift Idea 2022
Most of our parents get to the age (after retirement) when it can be very hard to think up gift ideas. They have or plan to downsize their homes for easier maintenance and less cost. This makes many of their collections a burden rather than a source of joy. Many...
Add My Kid’s Name to My Bank Account?
A client asked me this question this week. As usual, the answer is “It depends.” Everyone’s legal, health and financial situation is a little different. Some factors it can depend on will be discussed below. But the first question is: What do you want to...
Do My Kids Automatically Inherit?
In Florida, inheritance rights of children in an estate depend on whether the decedent left a will. If there is a will, it will be clearly stated how much each child should inherit. In many cases, this is a straightforward process. For example, one may state that...
Guardianship and Power of Attorney
A good Florida estate plan will always include planning for possible incapacity. A Durable Power of Attorney (DPOA) names a trusted person to make financial decisions for you, while an Advance Directive for Healthcare does the same for health decisions. But there...
Do I Need an Elder Law Attorney?
Some people ask us “What is an elder law attorney?” It’s not necessarily a very old lawyer. Instead it is an attorney who focusses on the special needs and concerns of those who are aging. Elder law attorneys may help with planning for disability, planning for...
How to Choose Legal Representatives
When you are thinking about signing your estate planning documents you will need to make a series of choices...including naming a legal representative, someone else to act for you. You need to have someone in mind you can trust to help manage your financial affairs...
Planning for Legal Issues in a Blended Family
As elder lawyers we sometimes think of our clients as belonging to an “intact” family or a “blended” family. Blended families result where one or both spouses had children from a previous relationship. So some of the adult children are step-children. ...
Pride in Aging
We here at Burzynski Elder Law are proud supporters of the rights and concerns of the LGBTQ community and are happy to assist our clients seeking pride in aging. We treat all of our clients with equal dignity and concern regardless of race, gender, sexual...
Florida Probate
What is a Florida probate, and how does probate work in Florida? Florida Probate is the process in which assets that were held in a decedent’s name alone are passed to his or her beneficiaries (if there is a will) or heirs at law (if there is no will.) Through the...
Senior Advisors and the Unlicensed Practice of Law
As the population ages, more and more people are specializing in the senior market. Home care agencies, real estate agents, insurance salespeople and more are calling themselves “Experts” in senior planning. We encourage people to deal with people who have expertise...
Advocacy Requires Persistence
Our Life Care Planning service includes advocacy issues that some never contemplate when considering our services. For instance, around six months ago we were hired by a 78 year old woman who was living independently in her home. Several months later, she fell and...
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...
Changes to Florida’s Homestead Law
In 2010, the long standing homestead law in Florida changed. The old law provided that (as long as there was no pre or post nuptial agreement waiving rights) a surviving spouse was entitled to at least a life estate in the home. For instance, if a married couple lived...
The Pitfalls of Joint Accounts
Elderly parents often put their children's names on accounts because they want their children to be able to pay their bills if they can't, and so the account goes to the child upon their death. However, joint ownership is seldom the best tool for accomplishing these...
End-of-Life Planning
Dear Jill: I am 85 years old. I am married and have no children. What are my options for end-of-life care? Thank you, Margret Dear Margret: When considering end-of-life options for our clients, a number of factors must be considered. It is critical that you receive...
Talk to your Parents about Long-Term Care
The Holiday season can be a trigger for changes in family dynamics. Often times out-of-state children will meet with their parents for the first time in a year or more. Changes in the parent’s conditions may seem more pronounced after the period of absence. How do...
Medicaid Income Issues
Florida rules for long-term nursing care are complicated but Medicaid income issues are particularly difficult. State and Federal regulations both control the application process. Among the rules of importance for married couples is the Minimum Monthly Maintenance...
2020 Medicaid Regulations
Have you done planning to deal with the high costs of any future nursing home care? If not, you need to discover how an Elder Care lawyer can help you protect yourself and your interests by understanding current Medicaid regulations. We often hear about how important...
What a Time to be a Caregiver!
Being a caregiver for an elderly relative is challenging enough in normal times. It is even harder during a pandemic. Remember to be kind to yourself. Do not expect perfection. Do your best with the time you have and the situation in which you find yourself. Below are...
Your Estate Plan with the Onset of the Coronavirus
Your Estate Plan with the Onset of the Coronavirus is a topic that we have carefully considered for our clients. It is not too late to safely make a plan.
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.
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 Filial Responsibility Laws?
Filial responsibility laws make 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 their elderly...
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...
Hearing Aids Available Over-the-Counter
On June 16, 2022, the U.S. Food and Drug Administration issued a final rule to improve access to hearing aids which may in turn lower costs for millions of Americans. This action establishes a new category of over-the-counter (OTC) hearing aids, enabling consumers...
How to Choose Legal Representatives
When you are thinking about signing your estate planning documents you will need to make a series of choices...including naming a legal representative, someone else to act for you. You need to have someone in mind you can trust to help manage your financial affairs...
Health Care Surrogate…Who Should I Choose?
In Florida, living wills and advance directives allow you to give medical providers and family members specific instructions about the types of end-of-life care you are willing to undergo. However, you may also want to designate a health care surrogate who can help...
COVID Vaccine Arrives at Long-Term Care Residences
The much-anticipated COVID vaccine has arrived. It is now rolling out to Florida’s nursing homes and assisted living residences. Some residents are already receiving inoculations. Long-term care facilities in Florida and around the country have been prioritized,...
An Unexpected Trip to the Emergency Room
No one wants to land in the emergency room of a hospital, but it happens frequently, especially to seniors, so it is imperative that seniors be ready for an unexpected trip to the emergency room. According to the Centers for Disease Control and Prevention, there are...
When will Visiting Family in Nursing Homes be Possible?
Well some aspects of our lives are getting back to normal. Of course it is still important to practice social distancing, hand washing and wearing masks when in public. But more businesses are opening and some of our public amenities are accessible again such as...
What is an Advance Directive for Healthcare
We are officially in a pandemic. Every aspect of our life has changed in some way. Some of the changes are not all bad-it seems we have more time to think about things. With our usual routines interrupted we are not rushing around as much. You may even have time to...
Coronavirus Scams to Avoid
Everyone is interested in the latest news on the fast developing situation around COVID-19 or Coronavirus. Of course, scammers are attempting to use the situation to their advantage. The following are some of the things to keep in mind to avoid Coronavirus scams: Be...
Long Term Care Tax Deductions
As tax season gets underway, I thought it would be a good time to review the question of long term care tax deductions. The IRS allows deductions against your personal income tax for the costs associated with medical care. You must itemize these costs in order to...
Do I Need a Qualified Income Trust?
If you or a loved one needs long term care, you might have to rely on the Medicaid program to pay for most of the cost of that care. Since nursing home care on average costs over $10,000 per month in Florida, most people do not have enough income to pay that without...
Why Choose an Elder Law Attorney?
You may wonder why you should choose an Elder Law Attorney. Many people, even those over 65, feel that all they need are estate planning documents. A typical husband and wife may have a few health issues but no real crisis. We definitely believe that everyone should...
Applying for Medicaid with an Income Trust
If you or a loved one needs long term care you might have to rely on the Medicaid program to pay for most of the cost of that care. Since nursing home care on average costs over $9000 per month in Florida, most people do not have enough income to pay that without...
Planning for the High Cost of Nursing Home Care
Have you made a plan to deal with the high cost of nursing home care? If not, you need to look into how an Elder Care law firm can help you protect you and your family. We often hear about how important it is that we plan for the future. Whether it...
Planning for Legal Issues in a Blended Family
As elder lawyers we sometimes think of our clients as belonging to an “intact” family or a “blended” family. Blended families result where one or both spouses had children from a previous relationship. So some of the adult children are step-children. ...
When do You Need Crisis Medicaid Planning?
Medicaid is a joint federal and state program available to individuals who meet certain asset requirements that help them pay for long-term care costs. Long-term care often creates devastating financial impacts on Americans, especially the elderly and disabled, and...
Annual Exclusion and Long-Term Care Planning
Many of our clients have been in the habit of making annual gifts to their children and other beneficiaries. These gifts are thought of as “annual exclusion” gifts because the IRS allows anyone to give up to the maximum amount (currently $15,000 per beneficiary)...
Medicaid 5 Year Look-Back Penalty
You may never have heard of the Medicaid 5 year look-back penalty. Or you may have heard of a “five-year period” without being clear what that meant. You get busy with health, financial and insurance information when going through a long-term placement for...
A Proper DPOA Helps in Medicaid Planning
A Durable Power of Attorney (DPOA) is a document that gives a trusted person of your choosing, the “Agent”, legal authority to act on your behalf regarding financial matters. A DPOA withstands incapacity and is a very important document for you to have in the...
Add My Kid’s Name to My Bank Account?
A client asked me this question this week. As usual, the answer is “It depends.” Everyone’s legal, health and financial situation is a little different. Some factors it can depend on will be discussed below. But the first question is: What do you want to...
Do My Kids Automatically Inherit?
In Florida, inheritance rights of children in an estate depend on whether the decedent left a will. If there is a will, it will be clearly stated how much each child should inherit. In many cases, this is a straightforward process. For example, one may state that...
Avoiding Probate in Florida
Probate can be slow, involves court costs and attorney’s fees, and will involve a court. For all these reasons, you might want to avoid probate. This article will cover some practical steps you can take in order to avoid probate. Of course there are some situations...
Florida Probate
What is a Florida probate, and how does probate work in Florida? Florida Probate is the process in which assets that were held in a decedent’s name alone are passed to his or her beneficiaries (if there is a will) or heirs at law (if there is no will.) Through the...
Challenging a Will
When a person dies with a will, their will lays out who receives their property (called “heirs”) and who will manage and distribute their estate (called the “personal representative”). For many reasons, potential beneficiaries can feel slighted by what they did...
Can I Change My Irrevocable Trust?
I recently had a client who wondered if he could make changes to his irrevocable trust. In Florida, the answer is “maybe”. People make irrevocable trust for many reasons, one mayor reason being tax and benefits planning. In order to make a completed gift for tax...
Florida Probate Proceedings
What is a probate proceeding and how does it work in Florida? A probate proceeding is the process whereby assets that were held in a decedent's name alone are passed to his or her beneficiaries (if there is a will) or heirs (if there is not a will). Through the...
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...
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...
Veteran’s Pension vs. Veteran’s Compensation
If you have assets including real estate, savings, and investments and want to create an estate plan that will protect them and your family, our team can help. If you are a Veteran, you may be interested in exploring VA Pension or VA Compensation as part of your...
Annual Exclusion and Long-Term Care Planning
Many of our clients have been in the habit of making annual gifts to their children and other beneficiaries. These gifts are thought of as “annual exclusion” gifts because the IRS allows anyone to give up to the maximum amount (currently $15,000 per beneficiary)...
When Family Caregivers Are Not Enough
Sometimes an elderly loved one needs more care that a family member can provide. When you reach the point of needing more care differs with every family. We all have different skills, time available, available space in our home and other factors. Family caregivers...
2020 VA Benefits
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 and knowing the 2020 VA benefits available is crucial. There are two paths in VA to receive monthly payments: disability or pension. Disability...
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...
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...
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...
VA Changes (Finally) Finalized
The VA has been talking about implementing changes to the Aid and Attendance or Improved Pension program since 2015. They are finally publishing the final rule in the Federal Register today. We have covered in previous articles the proposed changes and will not...
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...