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Recent Blog Posts
Challenges for Florida’s Skilled Nursing Facilities
The nursing home industry in Florida recently came under scrutiny in the aftermath of Hurricane Irma after a nursing home in Hollywood was unprepared for the hurricane’s effects. The nursing home lost power during the hurricane and did not make provision for alternate methods of generating electricity for the facility. As a result, the… Read More »
Residency Agreements and Arbitration Clauses
Clients may consult our firm to review the terms of a residency agreement for a skilled nursing facility. In the health care context, the enforceability of pre-dispute agreements to arbitrate instead of litigate any future claims that may arise is a subject of vigorous debate itself. Critics of arbitration clauses in the skilled nursing… Read More »
Financial Gifts to Children
After her 73 year old husband, Harold, suffers a paralyzing stroke, Mildred and her daughter, Joan, need advice. Dark circles have formed under Mildred’s eyes. Her hair is disheveled. Joan holds her hand. “The doctor says Harold needs long-term care in a nursing home,” Mildred says. “I have some money in savings, but not… Read More »
Case Study: Medicaid Planning for Family with Special Needs Child
Margaret and Sam have always taken care of their daughter, Elizabeth. She is 45, has never worked, and has never left home. She is “developmentally disabled” and receives SSI (Supplemental Security Income). They have always worried about who would take care of her after they die. Some years ago, Sam was diagnosed with dementia…. Read More »
Guardianship Avoidance
As individuals enter their elderly years, or when individuals experience a traumatic injury that leaves them incapable of caring for themselves, sometimes it is necessary for their loved ones to establish a guardianship in order to protect and care for the elderly or injured person. Certain injuries, such as traumatic brain injuries, or diseases,… Read More »
Medicaid Planning And Trust Modification
Medicaid Planning may require a trust modification to create or preserve the conditions of financial eligibility. For example, a person who is a trust beneficiary and Medicaid recipient might need to be divested of their interest to avoid a gift exceeding their asset cap. While any proposed trust modification must be weighed carefully and… Read More »
Medicaid Planning for a Client with Questionable Capacity
When planning, we must consider the person’s ability to understand the strategy and execute new documents. The concept of capacity in Florida is a matter of degree. Here, the law holds that various actions require different amounts of capacity, depending upon the complexity of the action. Florida also recognizes that people’s capacity can fluctuate… Read More »
A Guide to Spousal Refusal
Spousal refusal is a great strategy to gain Medicaid eligibility and assist in paying for the extremely high cost of care for your institutionalized spouse. This is the only strategy that will allow you, as the community spouse, to retain control and access to ALL of your assets while simultaneously getting your spouse approved… Read More »
Guardianship of the Property of a Minor
Guardianship courts always seek the least restrictive alternative to plenary guardianship, so there are instances where only guardianship of the property is required. For example, if a minor is to receive property in excess of $15,000 in value, then a guardian of the property will be required to protect that minor’s property even though… Read More »
State of Florida Increases Payments to Long-Term Care Plans as Costs of Care Rise Again
It’s wonderful news that the average American lifespan keeps getting longer. These growing lifespans mean, however, that individuals must spend more time considering how they’ll afford medical care throughout their long lives. According to a recent survey, we as a nation still aren’t dedicating the necessary time to planning for these costs—and the cost… Read More »