Legal Services
Nursing Home & Long Term Care Planning
Let us provide you with a general overview of long-term care planning. First, long-term care insurance is great if you have it. That said, most people do not have this type of insurance, and Medicare and your supplemental health insurance only cover UP TO 100 days for rehabilitation in a nursing home. Thereafter, there generally is no coverage available. Long-Term Care benefits are generally limited to a maximum per day benefit. Many times the maximum daily benefit is well below the actual cost of care. Also, the length of benefit may be limited in total dollars paid out or by time. Even though most long-term care policies are guaranteed to be renewable, there is generally no guarantee regarding the amount of future premiums.
Determining Whether to Begin Long-Term Care Planning
There are several factors to consider in determining whether to begin Long-Term Care Planning. Let’s discuss them here.
Health: If an individual is in the hospital or in a rehabilitation center, you should certainly have a consultation with an attorney regarding your options. Also, if an individual has a progressive illness, such as dementia, MS, Macular degeneration, COPD, ALS, you should also immediately seek the advice of an attorney.
Changes in the Law: VA Law is federal, however, Medicaid Law is state and federal. Florida has some of the most advantageous laws in the United States for Long-Term Care Planning. As the Baby Boomers age, the government has increased its focus on eliminating legal loopholes in the laws which affect Long-Term Care Planning.
Determining Whether to Begin Long-Term Care Planning
There are several factors to consider in determining whether to begin Long-Term Care Planning. Let’s discuss them here.
Health: If an individual is in the hospital or in a rehabilitation center, you should certainly have a consultation with an attorney regarding your options. Also, if an individual has a progressive illness, such as dementia, MS, Macular degeneration, COPD, ALS, you should also immediately seek the advice of an attorney.
Changes in the Law: VA Law is federal, however, Medicaid Law is state and federal. Florida has some of the most advantageous laws in the United States for Long-Term Care Planning. As the Baby Boomers age, the government has increased its focus on eliminating legal loopholes in the laws which affect Long-Term Care Planning.
Medicaid Planning
The Nursing Home Program is an entitlement program, so it is always funded. However, the Home Program and the Assisted Living Program are not entitlement programs.
There is currently a waiting list for the two (2) lower Long-Term Care Medicaid Programs. There is a statewide waiting list of over 25,000 people. We do not know when additional funding will be provided by the Florida Legislature to the Home and Assisted Living Facility Programs. The waiting list for the Home and Assisted Living Programs are triaged based on need.
There are two (2) priority scores provided given at the time of an interview for Medicaid’s waiting list: a medical score; and a gaps in coverage for the activities of daily living score.
Estate Planning (Wills, Trusts, Power of Attorney, Healthcare Surrogate)
The following information is provided in an effort to familiarize you with general definitions and descriptions of various estate planning documents which are commonly used in Florida. This is provided for general information purposes only. An attorney should be consulted prior to any estate planning documents being drafted or executed.
Intestate Succession: If an individual has no will at the time of their death, they are said to have died ‘intestate’ and his or her property will be distributed in accordance with the provisions of Florida Statutes. This can be a lengthy and expensive process, especially if relatives are hard to locate.
Estate Planning (Wills, Trusts, Power of Attorney, Healthcare Surrogate)
The following information is provided in an effort to familiarize you with general definitions and descriptions of various estate planning documents which are commonly used in Florida. This is provided for general information purposes only. An attorney should be consulted prior to any estate planning documents being drafted or executed.
Intestate Succession: If an individual has no will at the time of their death, they are said to have died ‘intestate’ and his or her property will be distributed in accordance with the provisions of Florida Statutes. This can be a lengthy and expensive process, especially if relatives are hard to locate.
Probate
Probate is the process contained in the Florida Statutes by which property passes to beneficiaries either as provided in an individual’s will or as provided by statute if there is no will. There are three types of probate in the State of Florida.
What are the types of Probate in the State of Florida:
- Summary Administration: For estates that the entire gross value does not exceed $75,000, less the value of property exempt from the claims of creditors, for example a homestead; OR when a decedent has been dead for more than 2 years.
- Family Administration: For estates whose gross value is less than $60,000 AND consists of only personal property (real property may exist if creditors claims are barred, for example if it is homestead) AND the beneficiaries of the Will are a spouse or lineal heirs;
Guardianship
Most people seem to have a few false impressions regarding issues concerning an individual’s competency:
- Doctor’s written opinions that an individual is not competent does not make an individual legally incompetent. The doctor’s opinion is just evidence of incompetency. Only a Circuit Court Judge can declare an individual to be legally incompetent.
- General Durable Powers of attorney are generally effective at the time they are executed (unless it specifically states that it only springs into effect upon a triggering event, such as incapacity).
Guardianship
Most people seem to have a few false impressions regarding issues concerning an individual’s competency:
- Doctor’s written opinions that an individual is not competent does not make an individual legally incompetent. The doctor’s opinion is just evidence of incompetency. Only a Circuit Court Judge can declare an individual to be legally incompetent.
- General Durable Powers of attorney are generally effective at the time they are executed (unless it specifically states that it only springs into effect upon a triggering event, such as incapacity).