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Recent Blog Posts
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 »
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 »