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
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...
“I Need a Power of Attorney for My Parents”
I often receive calls requesting that I 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 going to be able to do legal documents,...
The Invaluable Work of the Professional Guardian
A good professional guardian can be a godsend in difficult family situations. A good professional guardian is a tireless advocate, is on-call twenty-four hours a day and is a master of diplomacy. Unfortunately professional guardians as a group have come under fire in...
Medicaid Planning Misconceptions to Avoid
Whenever I meet with new clients about long term care, I find that most of them are operating under a few misconceptions. The problem is that neighbors and friends give well-meaning advice that is often based on experience in other states or simply bad information....
The Montessori Method and Alzheimer’s Disease
The Montessori teaching method holds promise for the care of patients afflicted with Alzheimer's Disease. Developed for small children just learning about their environment, Montessori uses tactile (hands-on) training to manipulate simple, every-day objects to reach a...
Florida’s New Durable Power of Attorney Statute
Among the new laws which the Florida legislature passed this session were substantial changes to the Durable Power of Attorney Statute. A durable power of attorney (DPOA) is a document in which you appoint someone to legally act on your behalf. The new law takes...
Guardianship is Necessary in Certain Situations
Guardianship is a protective legal proceeding for incapacitated persons who are unable to manage their own affairs. Through the process of guardianship certain or all of an individual's rights are removed. The law provides extensive procedural safeguards to insure...
Liability of an Agent Using a Durable Power of Attorney
Last week, I began to answer a reader’s question about the liability of a person acting under the authority of a durable power of attorney. Specifically, the reader was concerned about the liability of the agent (also called the “attorney-in-fact”) when acting for an...
Importance of Considering All Aspects of a Client’s Situation
All aspects of a client's situation must be considered. I had a meeting with two brothers whose father was suffering from a long term chronic condition. Their mother had been his sole caregiver for about five years and she had just passed away. Her husband was...
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...
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....
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...
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...
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...
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...
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...
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...
Topics to Discuss with your Health Care Surrogate
It is important to discuss your beliefs and wishes with your health care surrogate. When instructing your health care surrogates about your wishes in the event you become incapacitated and they need to make health care decisions, you should consider the following...
Respite Care
Providing care is a tremendous responsibility that family members often undertake. Family caregivers must find ways to take breaks from their caregiving responsibilities. No one can continue to expend all available energy giving to someone else, without...
Standards for a Health Care Surrogate to Make Decisions
We recommend that our clients consider who they would want to be health care surrogate for them in the event that they are not able to make health care decisions for themselves. Once they have made the decision, it is documented in an Advance Directive for Healthcare...
Do Not Resuscitate Orders
Do Not Resuscitate Orders also known as DNROs are important to consider in long term care planning. Clients often request “DNRO”s when doing estate planning. A “Do Not Resuscitate Order” in Florida must be on a Department of Health Form, (DH 1896) and must be signed...
Gifting Real Property Poses Problems
We get many inquiries about gifting real property. 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...
Informal Estate Plan
Many times clients think they have solved their division of assets (after their death) by making up an informal estate plan of their own device. They may name their most responsible child as Personal Representative or Trustee in their estate planning documents, and...
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...
Incapacity Planning in Florida
Incapacity Planning is vital were you to have a sudden illness or life-threatening injury. More people are thinking about the implications of the possibility of a bad bout with COVID-19 and where that would leave them legally and financially. The good news...
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...
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.
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...
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...
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Medicaid Penalty Divisor Increased
June 1, 2017 the Medicaid Penalty Divisor was increased to $8,944.00. This amount was increased from last year’s amount of $8,662.00. The penalty divisor is determined by averaging the cost of nursing home costs throughout the state. The new penalty divisor will be...
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...
Seniors Will Be Hurt by House Version of AHCA
Yesterday the House of Representatives passed the AHCA (American Health Care Act). The changes to the healthcare system will significantly hurt seniors. According to the national organization, Justice in Aging, 24 million Americans are in danger of losing their...
Misinformation about Medicaid
Misinformation about Medicaid and long term care planning techniques is very common. The other day I spoke at one of our monthly workshops. One attendee told me that she was contemplating deeding her property to her children so that she could get Medicaid if she...
2017 Florida Medicaid Numbers
Every year the eligibility limits change for Medicaid. The 2017 Florida Medicaid Numbers have now been announced. They are as follows: Individual Countable Asset Allowance: $2,000 Spouse Countable Asset: Allowance $120,900 Income Cap/Limit for Individual: $2,205.00...
VA Implementation of Proposed Regulations Postponed.
For several years, the VA has been in the process of rule-making that will substantially change how aid and attendance applications are processed. Among the most important changes is the implementation of a look-back period which has never before existed for this...
“I Need a Power of Attorney for My Parents”
I often receive calls requesting that I 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 going to be able to do legal documents,...
Observation Status Implementation Delayed
The Notice of Observation Treatment and Implication for Care Eligibility Act (NOTICE Act) was signed into law last year. This law is meant to avoid the problems that occur when a Medicare patient is hospitalized for multiple days, but classified as "Observation...
Living Trusts Sometimes Impair Asset Protection Planning in a Crisis
Many clients come to us with Living Trusts (also known as “Revocable Trusts”) in place that were prepared 10-15 years ago when the amount that one could pass to beneficiaries without paying estate taxes was significantly lower. Trusts were needed back then to minimize...
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...
Seniors Will Be Hurt by House Version of AHCA
Yesterday the House of Representatives passed the AHCA (American Health Care Act). The changes to the healthcare system will significantly hurt seniors. According to the national organization, Justice in Aging, 24 million Americans are in danger of losing their...
“I Need a Power of Attorney for My Parents”
I often receive calls requesting that I 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 going to be able to do legal documents,...
“Improvement Standard” Still Misunderstood
In January 2013 a Settlement Agreement was entered between the Center for Medicare & Medicaid Services (CMS) and a class of Plaintiffs who sued CMS for denying coverage based upon an erroneous "improvement standard" that Medicare beneficiaries had to be...
Life Care Planning
Life Care Planning is a unique practice model that combines traditional elder law including Medicaid and Estate Planning with care advocacy. A few years ago, I received a call from a financial planner about one of her clients. She started the conversation with “I...
Hiring Home Care Can Be Tricky
Knowing your obligations when hiring home care workers is critical. Complying with the Fair Labor Standards Act is required. Even if you use and agency, you may become personally liable for overtime or minimum wage violations. Most home care workers are actually...
Improvement Standard an Ongoing Problem
Just today I received a call from a family member who is being told by a rehabilitation facility that his loved one will be discharged from Medicare because “she is no longer improving.” I let the man know that “not improving” is not an appropriate reason to deny...
“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...
When is Home Care Covered by Medicare?
When certain criteria are met, home care covered by Medicare is available. There is no legal limit on the length of time for which home health coverage is available. Further, Medicare covers home health services in full, with no required deductible or co-payments....
How Should I Hold Title To Real Property?
Many people ask what is the best way to hold the title to property such as 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...
Florida Medicaid Qualifications-Income Cap
Florida Medicaid Qualifications requirements include an asset test, an income test and a level of care test. This article focuses on the Income cap, which is really an arbitrary rule which, with appropriate legal help, is easily remedied. As of January 1, 2019 the...
What are Florida Medicaid Requirements and Common Mistakes?
In my practice I encounter many people who believe they know Florida Medicaid requirements make costly Medicaid mistakes because they mistakenly believe some common misconceptions about Medicaid eligibility. One of these common mistakes is that you have to “Spend...
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...
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...
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 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...
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The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
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...
Benefits Applications
I recently received this question from a reader of my articles: My wife is in a nursing home and I have applied for Medicaid. Luckily I was able to find a knowledgeable person to help me so I did not have to pay for assistance in applying. We own our home and I...
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"...
When to See an Elder Law Attorney
People often think about speaking with an Elder Law attorney when an older person faces the high cost of nursing home care. Many times people wait even longer...after they have paid most of their nest-egg on care and realize that in a few short months they will have...
Truth and Dementia
Families are often paralyzed when they become aware that a family member is suffering from dementia. But for a number of reasons families must help the loved one take appropriate action as soon as they become aware of the problem. First, it is critical that...