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Recent Blog Posts
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 »
Residence Models for Senior Requiring Assistance
When loved ones are no longer capable of independently caring for themselves, they may need to consider the different kinds of assistance available to help them continue living fulfilling lives. Medicaid’s institutional care program can help individuals with the cost of acquiring this additional assistance. If the provision of home health care aides is… Read More »
The Development of the Living Will
The case of Terri Schiavo garnered a great deal of public attention and sparked an interest in advanced health care directives known as living wills. Because Terri did not have a living will, after a heart attack left her unconscious for almost a decade, Terri’s husband sought to become her guardian in order to… Read More »
The Special Needs Trust and The Letter of Intent
The special needs trust is the formal legal document we create to impose legal responsibilities and duties on those entrusted with helping the beneficiary. A letter of intent does not impose additional legal duties and responsibilities, but offers useful supplemental information regarding the beneficiary. It also gives those helping the beneficiary guidance on some… Read More »
Special Needs Trusts and VA Asset Planning
Various means-tested pension benefits, such as the VA aid and attendance benefit, are available for veterans and surviving spouses that meet medical and financial eligibility criteria. Self-settled special needs trusts for individuals under the age of 65 and pooled special needs trusts are viable planning tools for satisfying VA financial eligibility rules when an… Read More »
Signs that Your Loved One May Be a Victim of Nursing Home Abuse
The US population’s average age is increasing rapidly, and growing with it is the population of the nation’s nursing homes. While many nursing homes provide competent, gentle care to their residents, some are prone to neglecting or abusing residents emotionally, verbally, or physically. Below, find out more information about the problem of elder abuse,… Read More »
The Qualified Income Trust
The Problem Florida imposes an income cap for eligibility for the Medicaid institutional care (long term custodial nursing home care) program. The income gap is three times the SSI limit. The income cap is currently $2,205 per month. Since the private pay costs for nursing home benefits in Florida average much more then that… Read More »
Qualified Elective Share Special Needs Trust
When a married individual decides to apply for Medicaid benefits, the applicant’s spouse will almost always need to execute a new last will and testament. If the applicant’s spouse has a pre-existing last will and testament, it typically devises most, if not all, of the estate to the Medicaid applicant-spouse. Even if the applicant’s… Read More »
Medicaid Planning with Long Term Care Insurance
Long term care insurance became a popular commodity in the 1980s as individuals sought to plan for potentially needing long term care services, such as home health care, assisted living facility care or skilled nursing facility care. Given the enormous cost of long term care services, along with Medicare’s lack of coverage for these… Read More »