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Questions Answered by Jason E. Neufeld
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... Read 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... Read 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... Read 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... Read 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
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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
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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
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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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3 Answers | Asked in Elder Law for Florida on
Q: What is the process for obtaining power of attorney?
Jason E. Neufeld
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Jason E. Neufeld
answered on May 12, 2018

Hope the article and video below help explain.

https://www.elderneedslaw.com/blog/durable-power-of-attorney

https://m.youtube.com/watch?v=pJDoe7VM0Ic

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2 Answers | Asked in Family Law and Elder Law for Florida on
Q: How to get another POA for my mother who has dementia in FL? My brother is the POA, has terminal cancer. What to do?

Mother did not appoint an alternate on the POA. She now has dementia (I don't think she will have lucid moments anymore ) & my brother has terminal cancer. I am concerned if he dies, who will be my mothers POA. I am currently her health care proxy. Will I be able to make decisions for... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on Mar 8, 2018

It depends on how bad the dementia is. She needs to be able to understand what she is signing in order for a Durable Power of Attorney to be effective. This is called a “lucid interval” - you can read more about it at the link below.... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I know there are options to protect current assets for medicaid coverage. Can the same protect income from pension?

My parents have 2 sources of income (SSI and Pension) and we want to have those protected from Medicaid consideration.

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 24, 2018

Yes. You can qualify for Medicaid despite excess income by utilizing a qualified income trust (also sometimes called a "Miller Trust" or "d4B Trust")

Article on QITs: https://www.elderneedslaw.com/miller-trusts-qualified-income-trusts-florida

Video on QITs:...
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3 Answers | Asked in Elder Law for Florida on
Q: My brother is first POA for my mother with dementia, I am second, sister third. I do not want to be POA. How do I excuse

In the State of Florida, she is in her own home at this time. I am also Health Care Proxy of which I do not want to be. I have family issues with my adult son who has a mental illness.

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 21, 2018

If you are successor POA (and not co-POA), the good news is only your brother can currently act. If you notify the principal in writing (and any third parties relying on the POA document), if your brother ever can no longer act on behalf of your mother, you will be skipped and your sister (next in... Read more »

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2 Answers | Asked in Elder Law for Florida on
Q: Mom gave her adult son checks of a few hundred dollars in his name to cash for her so she would have spending cash.

She wrote checks in his name sporadically throughout the years and he gave her the $300 or whatever the check was. All of the cashed checks averaged $2400 a year. Will Medicaid say, "Gift!" Son can't prove how money was spent. Son lived with mother for 5 years to be there at night in... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on Jan 6, 2018

POMS Manual SI 01150.125 explains that if individuals can prove that they gave away resources for purposes other than qualifying for Medicaid benefits, then they may be able to avoid a Medicaid transfer penalty period of ineligibility.

But, the reviewing agent will presume that any gift is...
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3 Answers | Asked in Elder Law for Florida on
Q: How hard will it be to become a guardian over an elderly friend -- I am not a family member.
Jason E. Neufeld
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Jason E. Neufeld
answered on Jan 5, 2018

It depends on if family members also want to be guardian.

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1 Answer | Asked in Elder Law for Florida on
Q: How can I qualify for pro bono services?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jan 4, 2018

Call your local “legal aid” office.

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