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The Limits of a Will A will only goes into effect after you die and must be verified by the Probate Court before it can be enforced. It does not avoid probate, and offers no protection if you become incapacitated. The court could take control of your assets before you die, leaving your family… Read More »
The Problem Florida enforces an income cap for Medicaid eligibility when it comes to institutional care, such as long-term custodial nursing home care. This cap is set by Florida Statutes Section 409.904 and is typically three times the SSI limit. For example, in 2000, the income cap was $1,536 per month. However, the average… Read More »
When a loved one needs long-term care, time is often short, and the situation is stressful. Families may be facing an unexpected nursing home admission, an assisted living placement, or a sudden realization that private pay care is simply not affordable. In these moments, many people assume they must find a Medicaid planning attorney… Read More »
Third Party Special Needs Trusts A third party special needs trust is an essential part of estate planning for families with a child who has special needs. Loved ones can create this type of trust for a child or family member with special needs, funding it through their will, life insurance, or other estate… Read More »
Using a Special Needs Trust to Purchase a Home If a home is purchased in the name of a Special Needs Trust (SNT), the trust can buy a house for a beneficiary with disabilities without affecting their eligibility for public benefits. The home, owned by the SNT, is not considered a resource of the… Read More »
When a loved one begins needing long-term care, families in Florida often find themselves scrambling for reliable information. In that rush, one topic causes more confusion and more sleepless nights than any other: Medicaid’s five-year look-back rule. Rumors spread quickly, and misinformation spreads even faster. Before long, people start believing that one wrong move… Read More »
Making informed health care decisions, whether for yourself or a loved one, requires asking the right questions and understanding the answers. The following guide will help you gather essential information from medical professionals, so you can confidently navigate treatment options and advocate for the best possible care. Questions to Ask About Medical Tests Why… Read More »
Why is a guardianship necessary? Guardianships exist to safeguard individuals who are incapacitated, as well as their assets. Because of this protective role, most actions taken within a guardianship are closely monitored by the court. What is a guardian? A guardian is an individual appointed by the court to make decisions and act on… Read More »
When a person with a disability depends on government benefits such as Medicaid or Supplemental Security Income (SSI), receiving an inheritance, personal injury settlement, or other financial gift can unexpectedly create serious problems. These assets, while well-intentioned, may push the person over Medicaid’s strict asset limits, resulting in a loss of vital medical coverage… Read More »
The cost of long-term care is one of the greatest financial challenges older adults face. A private room in a skilled nursing facility can cost more than $100,000 per year in many states, and even assisted living or in-home care can quickly deplete a family’s savings. Medicare does not cover long-term custodial care, and… Read More »