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...
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...
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...
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...
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...
“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...
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...
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...
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...
Gerontologists are health care professionals who specialize in working with the elderly. They provide services to individuals in nursing homes, senior centers, hospitals, and at home, as well as work with home health care agencies and other facilities. Some gerontologists are involved in research while others...