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2016 Elder Law Numbers
Many numbers are pertinent to the Elder Law practice change annually. Below are the 2016 Elder Law Numbers. This year many of the numbers did not change because there was no Cost of Living Adjustment; therefore, many of the numbers below are indexed to the COLA so...
Leaving a Medicare Rehab Facility for Family Holiday Celebration
Elderly Nursing Home Residents are sometimes concerned that they will lose their Medicare benefit if they leave the facility to participate in family Christmas or Chanukah celebrations. These residents should rest assured that their benefits are not at risk because...
Diplomatically Finding Documents
In our last blog, we talked about how when families gather for the holidays, that sometimes adult children are confronted with the realization that their elder parents need help. We talked about how "diplomatically finding documents" is necessary to determine the...
Holiday Gatherings Reveal Changes in Elderly Family Members
When families gather for holiday celebrations, it sometimes becomes apparent that elderly family members are experiencing changes that need to be addressed. Adult children are often shocked by their aging parents’ situations. Look for the following warning signs:...
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....
Personal Services Agreements
Four in ten U.S. adults are now caring for a sick or elderly family member as more people develop chronic illnesses and the population ages (Reuters). These caregiving responsibilities can take both a physical and financial toll on the family members. Spending time...
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...
Notification Needed for Observation Status
On August 6, 2015 President Obama signed a bill that requires hospitals to notify Medicare patients if they are in the hospital under “observation status.” The bill is meant to rectify the problem that Medicare beneficiaries face when they learn that Medicare will not...
Change in Florida’s Health Care Surrogate Law
As of October 1, 2015 an Advance Directive for Healthcare can include language that would make it possible for a health care surrogate to make decisions immediately. Previously, before a health care surrogate could act, a physician had to determine that the patient...
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When Chronic Illness Strikes the Blended Family
Blended families are families where one or both spouses have children by a previous marriage. Typically, parties want to provide for each other and also for their children of prior marriages. The situation becomes even more interesting when the children are...
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...
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...
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...
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...
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...
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...
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Medicare Benefits–Jimmo Case
Earlier this year, chronically ill persons who had had their Medicare benefits discontinued because they were told that they were not improving filed a lawsuit in Vermont federal court Jimmo, et al vs. Sebelius, 5:11-CV-17, (D. VT., January 18, 2011). Historically,...
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...
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...
Planning at the Time of a Dementia Diagnosis
Most patients and their family members are not entirely surprised when a diagnosis of dementia is made by a physician. The patient and the family member have probably been noticing subtle changes for some time. However, when these suspicions are confirmed by a...
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...
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...
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...
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...
2016 Elder Law Numbers
Many numbers are pertinent to the Elder Law practice change annually. Below are the 2016 Elder Law Numbers. This year many of the numbers did not change because there was no Cost of Living Adjustment; therefore, many of the numbers below are indexed to the COLA so...
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....
New Rules Proposed: Arbitration in Nursing Home Contracts
The Center for Medicare and Medicaid Services has proposed a new Federal Rule which revises the requirements that Long Term Care facilities must meet to participate in the Medicare and Medicaid programs. Among the reforms is a provision relating to arbitration clauses...
Personal Services Agreements
Four in ten U.S. adults are now caring for a sick or elderly family member as more people develop chronic illnesses and the population ages (Reuters). These caregiving responsibilities can take both a physical and financial toll on the family members. Spending time...
Penalty Divisor to Increase September 1, 2015
When a person applies for Florida's Medicaid's Institutional Care Program (skilled nursing home care, Home and Community Based Waiver, and the PACE) he or she must report any amounts transferred within 60 months. Non-exempt transfers are subjected to an ineligibility...
Some Trusts Limit Asset Protection Planning
We have had the unfortunate situation with some married clients over the past year of finding that the revocable living trusts prepared in the past severely limited the possibility of asset protection planning when facing long term care. Many people have been sold...
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...
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...
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...
No Results Found
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No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.