LONG TERM CARE INSURANCE AND ANNUITIES

The following audio presentation was recorded at the Elder Law Section of The Florida Bar’s “Essentials of Elder Law” program in Orlando, Florida on January 15, 2015. This program was presented to Elder Law Attorneys seeking a solid background on the most important areas of Elder Law. The program covers state and federal law as [...]

By | April 1st, 2015|Elder Law|0 Comments

PLANIFICACION PARA LA VEJEZ DE LOS PADRES

Desde hace muchos años, la planificación del retiro para futuro ha tenido un solo significado, la planificación del estado... En años recientes, la planificación para el futuro ha tomado un nuevo significado, Esto incluye la planificación por un largo término de cuidados... Este cambio en la sociedad es el resultado de una población que envejece [...]

By | February 6th, 2015|Long Term Care|0 Comments

PLANNING FOR AN AGING PARENT

Many years ago, planning for the future meant retirement and estate planning. In recent years, planning for the future has taken on new meaning. It now includes planning for long term care. This change in society is a result of an aging population Living beyond normal retirement age as a result of advanced medical care, [...]

By | December 16th, 2014|Long Term Care, Medicaid, Trust|0 Comments

CAN I QUALIFY FOR NURSING HOME MEDICAID IF I OWN A VEHICLE?

When a person applies for Medicaid, the inclusion of all or a portion of the value of vehicles, as well as the determination of value, differs according to the Medicaid program.  Specifically, a person applying for Nursing Home Medicaid, who may or may not have a spouse and   owns one or more vehicles, may be [...]

By | December 13th, 2014|Medicaid, Medicaid Eligibility|0 Comments

HOW TO DECIDE WHO SHOULD BE YOUR HEALTH CARE SURROGATE

  Choosing a Health Care Surrogate (HCS) is a critical part of a client’s estate plan, since the person that the client is appointing may determine his or her future healthcare needs. However, most clients concentrate on their wills or trusts and spend very little time considering who should have the important responsibility of healthcare [...]

By | October 6th, 2014|Elder Law, Healthcare|0 Comments

TIPS FOR THE MEDICAID APPLICATION PROCESS

The Medicaid application process can be a difficult undertaking. Even nursing homes, who regularly file Medicaid applications, can encounter problems when applying or re-certifying a case for Medicaid. Here are a few basic tips to assist when applying for Medicaid. Since the Medicaid application is done “on-line,” the representative (family member, nursing home staff or [...]

By | September 17th, 2014|Medicaid, Medicaid Application|0 Comments

Estate and Elder Law Planning Using Lady Bird Deeds – Part 5 Unresolved and Contentious Issues

Although much has been written about Lady Bird Deeds, there still persist many unresolved issues and differences of opinion. For example, The Fund has been clear about not insuring title when a life tenant under a Lady Bird Deed reconveys the property to himself or herself or to a related party, such as a revocable [...]

By | August 29th, 2014|Lady Bird Deed|0 Comments

Estate and Elder Law Planning Using Lady Bird Deeds – Part 4 Practical Applications

Some of the typical Lady Bird Deed scenarios include a husband and wife retaining a life estate, with the remainder to children upon their death. The remaindermen can be tenants in common or joint tenants with right of survivorship. If there are several remaindermen and the mechanics of working with such a large family or [...]

By | August 16th, 2014|Lady Bird Deed|0 Comments

Estate and Elder Law Planning Using Lady Bird Deeds – Part 3 The Fund’s Position

The Funds’ position regarding judgments against the life tenant or remainderman, death of the remainderman prior to the life tenant, homestead, and elective share are discussed below. Judgments recorded against the life tenant in the county where the property is located will be insured depending on the circumstances. If a lawsuit has been filed prior [...]

By | August 1st, 2014|Lady Bird Deed|0 Comments

HOW DOES MEDICAID REGARD JOINT OWNERSHIP OF BANK ACCOUNTS?

When families meet with our Elder Law Attorneys, they sometimes ask if The Department of Children & Families (DCF) will regard some of the funds in a joint bank account as belonging to the family member and not the Medicaid applicant. On the surface it seems to make sense, but logic does not always translate [...]

By | July 23rd, 2014|Medicaid|0 Comments