Uncollectable accounts receivable are debts that have no chance of being paid. When Medicaid planning by a nonlawyer fails for an elder resident, how will the nursing home be paid for services rendered? Questions that need to be asked when nonlawyer Medicaid planning fails: Are unpaid...
When facilities or employees receive rewards for referring to nonlawyers, things take a turn for the worse. Under Florida law, “bribes, kickbacks, and certain solicitations are prohibited.” The nursing home that engages in such activity may be subject to civil liability or even criminal penalties. But...
It is very common for seniors who need help qualifying for Medicaid to accept referrals from trusted sources—such as family, friends, social workers, nursing home administrators and hospital discharge planners. The trouble is, these referrals are frequently to nonlawyer Medicaid planners. In some cases, referrals are...
“What should I do with my mother’s home when she is in an assisted living facility or a nursing home and is no longer living at home?” This is one of the questions that I am frequently asked at initial consultations. Since all of mother’s...
"Savings Clauses" are of No Help Under the POMS. In drafting a special needs trust, many practitioners include a "null and void" or "savings" clause in the document. These clauses operate to cure defects in a trust and preserve the remaining trust provisions. They prevent...
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...
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...
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...