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Questions Answered by Jason E. Neufeld
1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Hi, what is the cost to file for guardianship for a parent with dementia? Thank you.
Jason E. Neufeld
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Jason E. Neufeld
answered on May 31, 2019

Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.

1 Answer | Asked in Elder Law for Florida on
Q: Can a POA be partially revoked, in this case for medical, so a new POA can do that part?
Jason E. Neufeld
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Jason E. Neufeld
answered on May 30, 2019

You would want to revoke the entire document and have your elder care attorney draft a new one that complies with your wishes. This will prevent confusion when 3rd parties are trying to figure out who is supposed to make which decisions for you.

All the best,

Jason

2 Answers | Asked in Elder Law for Florida on
Q: I came to FL from Mass. FL is now my home. Is my Mass will valid in FL
Jason E. Neufeld
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Jason E. Neufeld
answered on May 2, 2019

Florida recognizes out-of-state Wills if legally executed in that other state. However, there are some practical reasons to redo your estate planning documents. Below is a link to a video I made, called:

Do I need new estate planning documents if I'm moving to Florida |...
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3 Answers | Asked in Family Law, Elder Law and Probate for Florida on
Q: Ward is confined to memory care at ALF. Son is guardian, can wards house hold bills be paid through the guardianship?

Wards home is still occupied by wards other son who served as caretaker from 2015 to 2019. House is fully operational. Car insurance, Power, Utilities and maintenance are still required to keep house going. Paralegal (told Guardian not to pay any of the outstanding bills in the wards name.) this... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Apr 15, 2019

There are a lot of potential reasons why the paralegal is suggesting what he/she is suggesting. Make an appointment to speak with the guardianship attorney to understand the gameplan.

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3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

There is no equity in the property

Jason E. Neufeld
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Jason E. Neufeld
answered on Apr 15, 2019

Mom can let lender know that she does not have the means to pay and attempt whats called a "deed-in-lieu of foreclosure" this can help prevent the bank from attempting to collect against any remaining balance owed (if any) after the property is sold.

Good luck to you!

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1 Answer | Asked in Elder Law for Florida on
Q: Can a spend down plan for post medicaid eligibility include a purchase of a sole automobile with extended warranty?

My mother--who is on medicaid in a nursing home--received $25K back pay from her social security benefits. Part of her spend down plan is to buy her an automobile which is an excluded/non-countable asset. Are there any restrictions to including an extended warranty with the car purchase? The car is... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Mar 4, 2019

There would be no restriction on purchasing an automobile with an extended warranty, provided that it is your mother's only automobile, that it will be used primarily to transport her places or for her benefit (i.e. don't buy your mother a car and then you drive it to work everyday).... View More

1 Answer | Asked in Elder Law for Florida on
Q: Where on the Medicaid application does one declare an allowance for costs of Part B and Part D Premiums?

Medicaid forces an applicant to declare Gross Social Security as MAGI, before SS deductions rather than net. I have seen no references to "allowances" nor "spend down" to equalize this income/expense inequality by elsewhere declaring SS premiums as deductions. That said, a... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Jan 2, 2019

If you are applying for ICP Medicaid (the program that pays for nursing home care) and are approved, Medicaid will cover Part B premiums. The Medicaid recipient will also be enrolled in Medicaid managed health insurance plan to cover prescriptions.

Spenddown is a concept that refers to...
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2 Answers | Asked in Elder Law for Florida on
Q: In FL, how is VA Aid and Attendance truly counted as MAGI for a surviving spouse? 2019 A&A is $1209.

I have read VA A&A is 1. totally countable medicaid income, (MAGI) 2. that only the pension portion of $735 is countable, and 3. that it is totally non-countable. She is recently in a nursing home and receiving A&A, and will be until Medicaid is applied for and approved. Then I shall... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Jan 2, 2019

Let me give you the answer straight from the Florida Medicaid Manual 1840.0906.02 (re: Veterans Payments-Pensions)

"VA pensions are included as unearned income, excluding the amount of aid and attendance, housebound allowance, and unreimbursed medical expenses."

(So, the...
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1 Answer | Asked in Elder Law for Florida on
Q: I am my Mom's POA and we are trying to gather all her documents. My brothers are refusing to provide them.

The documents we are currently working to get are regarding an LLC that my brother has, and mom is 49.4% partner. He Will not provide the business formation structure document ( not sure of the name), nor any financial info about what has been invested, what the company is worth, etc. Then he asked... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Oct 29, 2018

You're looking for a copy of the operating agreement and an accounting of the business. As POA, you probably have the ability to hire an attorney and file a lawsuit to resolve business matters (check the document to make sure it provides this authority). The only (legal) way to force someone... View More

1 Answer | Asked in Elder Law for Florida on
Q: My mother is in a nursing home and we’re applying for Medicaid. My father resides in the home and owes on a line of

Credit on the house. If he passes, can his life insurance be used to pay off the house? Is there a way to protect an inheritance?

Jason E. Neufeld
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Jason E. Neufeld
answered on Oct 23, 2018

It depends on whether there is cash value on the life insurance (if so, it may prevent Mom from qualifying for Medicaid - even though the policy is in dad's name). If there is cash value, there are way to plan around it to keep your mother Medicaid eligible. Here is an article that will... View More

1 Answer | Asked in Elder Law for Florida on
Q: How old does my mom have to be to take advantage of federal benefits like SSI? Are there any exceptions?
Jason E. Neufeld
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Jason E. Neufeld
answered on Oct 13, 2018

There is no age requirement. To qualify for SSI, one need only meet SSI’s asset and income tests.

2 Answers | Asked in Elder Law for Florida on
Q: Does the person you choose to be your power of attorney have to be related to you? Are there different requirements if

they aren't?

Jason E. Neufeld
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Jason E. Neufeld
answered on Sep 25, 2018

A non-family member can (and often do) serve as durable power of attorney. There are no different requirements.

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2 Answers | Asked in Elder Law for Florida on
Q: I am on Medicare/Medicaid. I live in a home that I own 50/50 with my gentleman friend. I have inherited $50,000. from

my brother and I would like to buy my gentleman friends half of the home and own it myself. I know Medicaid will stop until I spend down the inheritance.

Is buying the 2nd half of the home an allowable way to spend down the money?

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Sep 25, 2018

If you're paying fair market value for the home, I don't see why it would be a problem. Make sure you notify DCF of the "change in circumstances."

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1 Answer | Asked in Elder Law and Social Security for Florida on
Q: I live in the state of Florida and own a home jointly with my gentleman friend. I receive medicare and Medicaid.

I inherited money and I would like to buy out my friends half of the house and own it myself. Would this be allowed under the Medicaid spend down requirement in the state of Florida?

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Aug 31, 2018

As long as you live there and are paying fair-market value, I don’t see a problem. Make sure to report the change in circumstances. Also the timing of the inheritance/real estate transaction is important.

1 Answer | Asked in Elder Law for Florida on
Q: Are the presence of bed sores always an implication of elder abuse?
Jason E. Neufeld
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Jason E. Neufeld
answered on Aug 14, 2018

Its an indicator of neglect.

1 Answer | Asked in Elder Law for Florida on
Q: What are the steps to get medical power of attorney on behalf of my father?
Jason E. Neufeld
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Jason E. Neufeld
answered on Jul 27, 2018

If your father is capable of signing (i.e. has the ability to understand what he's signing), then you/he would go to an elder law attorney to assist with drafting the durable power of attorney and health care surrogate / health care POA documents.

Happy to assist.

Best,...
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1 Answer | Asked in Elder Law for Florida on
Q: Is a Health Care Proxy prepared and valid in Massachusetts legally enforceable in Florida if Principal moves to Florida?
Jason E. Neufeld
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Jason E. Neufeld
answered on Jul 10, 2018

Out of state incapacity planning documents (such as health care surrogacy/proxy docs and durable power of attorney) are legally valid in Florida. But practically, since the documents are different, you should consider redoing them with a Florida lawyer.

I have seen providers in Florida...
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1 Answer | Asked in Elder Law for Florida on
Q: Will Medicare cover in-home nursing?
Jason E. Neufeld
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Jason E. Neufeld
answered on Jul 9, 2018

On a very limited basis. I would strongly recommend looking into Medicaid Planning for additional in-home financial help.

Medicaid planning is a way to protect people’s assets from the threat of long-term care expenses. Most of my clients are between 65 and 90, own their own house and...
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1 Answer | Asked in Elder Law for Florida on
Q: Is long term care covered by any type of insurance?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jun 22, 2018

There are, in fact, Insurance policies that specifically cover long term care. You can read about it here:

https://www.elderneedslaw.com/articles/long-term-care-insurance.

Hope this helps.

1 Answer | Asked in Elder Law for Florida on
Q: Does Medicare cover nursing home costs?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on May 25, 2018

Medicare has a very limited nursing home benefit. They will pay full bill for 20 days. They will pay bill for days 21-100 but you’ll have a $167.50/day copay.

After 100 days, Medicare will not pay. Generally, you’ll then have to privately pay unless you qualify for Medicaid....
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