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.
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
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 |... View More
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
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.
There is no equity in the property
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!
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
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
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
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... View More
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
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... View More
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
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
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?
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
answered on Oct 13, 2018
There is no age requirement. To qualify for SSI, one need only meet SSI’s asset and income tests.
they aren't?
answered on Sep 25, 2018
A non-family member can (and often do) serve as durable power of attorney. There are no different requirements.
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?
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."
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?
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.
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,... View More
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... View More
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... View More
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.
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.... View More
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