Part One: What’s New in the Social Security Administration’s Approach to Special Needs Trusts?

Part One Establishing a Self-Settled Special Needs Trust Is Easier Said Than Done: A Two-Step Process Under the POMS, the resource counting provisions of Section 1613(e) do not apply to a trust: 1. Which contains the assets of a disabled individual under 65 years of age: 2. Which is established for the benefit of such individual [...]

What is Elder Law?

Miami Elder law is a specialty of law that addresses the rights of the elderly. It is a broad area of law that encompasses many distinct specialties. National and State Certification exams require an understanding of almost twenty areas of law. Some of these specialties are Public Benefits (e.g. Medicaid, Medicare, SSI and VA), Guardianship, [...]

By | December 20th, 2012|Elder Law|0 Comments

How Can I Transition From A Nursing Home To An Assisted Living Facility or Back Home?

Although most people move from their home or an assisted living facility (ALF) to a nursing home, in a minority of cases, the move happens in reverse. In those cases, when a person’s physical or mental functions improve, it is sometimes possible for a nursing home resident to transition back into the community, either at [...]

By | December 5th, 2012|Healthcare, Medicaid Eligibility|0 Comments

How Soon Can I Qualify For Medicaid in Florida?

One of the first questions that a prospective client asks me at an initial crisis Elder Law consultation is, "How soon can I qualify for Medicaid?" The answer to this question depends on the facts of the case. To begin with, is the applicant applying for Nursing Home Medicaid (ICP) or Community Medicaid such as [...]

By | November 21st, 2012|Medicaid Eligibility|0 Comments

Leonard E. Mondschein Speaks at NAELA D.C. Conference

Leonard E. Mondschein, Chair of The National Academy of Elder Law Attorney's Practice Development/Practice Management Section organized and helped present a one-half day program at the 2012 NAELA D.C. Conference on November 8, 2012, entitiled "Advancing Your Practice." This program was attended by almost 100 Elder and Special Needs Planning Attorneys who came to hear [...]

By | November 18th, 2012|Elder Law|0 Comments

New Article From South Florida Business Journal

“If you don’t like people, you can’t be an elder law attorney,” says Leonard Mondschein, immediate past chairman of the Elder Law Section of the Florida Bar. He notes his field is “its own area of law, with its own regulations,” and that the regulations applying to it also are constantly changing. Some say the [...]

By | November 6th, 2012|Elder Law|0 Comments

What Does It Cost To Probate an Estate?

When a loved one dies with real or personal property in just his or her name and not paid on death to another person, the court administration process of settling an estate, known as "Probate," is required. The first question most people ask is, "What does it cost to probate and estate?" In order to [...]

By | November 5th, 2012|Probate|0 Comments

Can The Nursing Home Take My Home?

As an Elder Law Attorney, I have been asked the following question on several occasions: "Can the Nursing Home Take My Home?" While the simple answer is "No," it is also misleading. Elder Law is a complex practice, and simple answers can sometimes create a false sense of security. What follows is a more complete [...]

By | October 9th, 2012|Assisted Living, Nursing Home|0 Comments

What You Need To Know About Post-Medicaid Eligibility

Qualifying for Medicaid assistance to pay for skilled nursing home care or a waiver program, is unfortunately not the end of the process. The Department of Children and Families (DCF) has additional requirements which, if not met, will result in future disqualifications of the Medicaid recipient. Some of those requirements are summarized below and should [...]

By | August 12th, 2012|Elder Law, Medicaid, Medicaid Eligibility|0 Comments

Medicaid Recovery Debunking the Confusion

Qualifying for Medicaid assistance to pay for skilled nursing home care or a waiver program, is unfortunately not the end of the process. The Department of Children and Families (DCF) has additional requirements which, if not met, will result in future disqualifications of the Medicaid recipient. Some of those requirements are summarized below and should [...]

By | August 12th, 2012|Elder Law, Medicaid|0 Comments