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- 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
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....
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,...
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...
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...
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....
Dementia and Driving
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. Since dementia is a progressive illness, this ability will eventually wane....
Elder Financial Abuse
Financial abuse of the elderly is rising. Late in 2016 Allianz Life Insurance Company surveyed active elder caregivers for their Safeguarding Our Seniors Study. Forty percent of the caregivers reported that their elder experienced financial abuse more than once;...
A Durable Power of Attorney 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 event...
What is a Care Plan Meeting?
If you have a loved one in a nursing home, you will soon hear the term “care plan meeting.” Shortly after moving in a new resident, each nursing home is required by the Florida Department of Elder Affairs to develop a plan of care. This helps the facility know what...
Part 2: When Will Visiting in Nursing Homes Resume?
Last week’s blog explained the steps (per CMS guidelines) to be takenby states when allowing some or all of their adult senior care homes or nursing homes to begin returning to normal. As promised, this week we will look at phases after the first phase called Phase...
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 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...
The “New Normal”
We are all getting restless with the “new normal.” With some states starting to open up you may be wondering how you will know if it is safe to leave your shelter-in-place. Of course it was always ok in Florida to go out for essentials (medical care, groceries,...
Coronavirus and Dementia
Everyone is still trying to adjust to the brave new world of Covid-19. Things changed so quickly and thoroughly that it can be hard to remember that just a few short weeks ago we still were not too concerned about the threat. Now events are cancelled and most people...
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...
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...
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...
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...
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...
Hospital Settled Lawsuit for Failing to Honor End-of-Life Wishes
As an Elder Law Attorney, I often talk to my clients about their end-of-life wishes. We memorialize their wishes in a legal document called an "Advance Directive for Healthcare." The Advance Directive expresses the patient's wishes about life prolonging procedures...
Earlier Hospice Intervention Provides Better Outcomes
We at Burzynski Elder Law often encourage our chronically ill clients to consider obtaining a hospice consult. We are fortunate in Collier County to have two excellent hospice options: Avow and Vitas Healthcare. Both hospices offer invaluable support for both the...
Cremated Remains Are Not Property
In the Florida 2016 legislative session, the statute about cremation was amended to provide that cremated remains are not property and are not subject to partition for purposes of distribution as other estate assets such as real property or brokerage accounts. This...
“Plans Are Worthless, But Planning Is Everything”
Dwight D. Eisenhower (1957) In our process of Life Care Planning we work with our clients in planning for their long term care needs. The Life Care Planning process involves developing an infrastructure including legal documents and structuring finances that best...
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...
Are You Facing Termination of Hospice Benefits?
The local Hospice providers are facing a crisis. Since the inception of Hospice in 1983 Medicare regulations have included a cap limiting the average annual payment per patient a hospice can receive. If the average payment exceeds the cap amount, the hospice provider...
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...
Failing to Make an Estate Plan
If you fail to plan, you are planning to fail”-Ben Franklin This quote from Ben Franklin applies to the estate planning world. In our practice we continually see clients who have never made an estate plan. These are smart, successful people retired from impressive...
Can I Disinherit an Adult Child?
Often we have clients who express that they are in close contact with most of their children, but feel they want to disinherit an adult child due to estrangement. They may not have spoken with this child in years. Sometimes our client is not even sure where their...
New to Florida-Do I Need New Legal Planning?
Many people are new to Florida and many have moved to Southwest Florida over the past year. Not exactly a new trend but preliminary numbers are showing an acceleration of that trend. Many immediately ask some variation of the question “Are my out-of-state documents...
What about a DIY Estate Plan?
Sometimes clients tell me they will not need to sign a Will. They believe they have taken care of asset transfers after death by adding their children to their bank accounts. They may even have added a child’s name to the title of their homestead by signing a...
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...
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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...
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...
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 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...
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...
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...
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...
Why is Caregiver Strain a Problem?
Caregiver strain is important to address. In our practice we often meet with people who are dealing with one of 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...
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...
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...
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....
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...
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...
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...
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...
A Durable Power of Attorney 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 event...
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...
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...
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...
The Role of the Successor Trustee
All too often I hear stories of family members who are named successor trustee in a loved one's trust who do not seek legal advice about their role as trustee and never trigger the mechanism in the trust in order for them to take over as trustee. They instead help...
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...
Informal Estate Plans Fraught with Problems
Many times clients have expressed to me that they have decided to not only name their most responsible child as Personal Representative or Trustee in their estate planning documents, that they have also titled assets in that responsible child’s name or left him as the...
Avoiding Probate
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...
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...
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...
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...
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...
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:...
Planning for Long-Term Care
Just today, I received a phone call from a concerned daughter about her father's long-term care needs. He is currently receiving care in a nursing home. They are hopeful that he will be able to return home soon, but it is obvious that he is going to need continuing...