Areas of Practice
It can be overwhelming when a loved one requires skilled nursing. One huge concern can be how the family will afford ongoing care in the nursing home. Under the right circumstances, Medicare can pay for at least a portion of the nursing home stay for a limited period of time. Thereafter, Medicaid can help fund the skilled nursing; however, there are very specific rules regarding:
- assets the patient in the nursing home can own without affecting Medicaid eligibility
- assets the patient’s spouse can own without affecting eligibility
- income of the patient that the spouse may be entitled to
- techniques available to achieve eligibility for a patient who is ineligible asset-wise or income-wise.
Our firm can help the patient and family came up with a plan to achieve eligibility for Medicaid and prepare and file the application required to obtain Medicaid coverage for the patient’s ongoing skilled nursing.
There are several documents which should be part of someone’s estate plan:
- Last Will and Testament
- Durable Power of Attorney
- Designation of Health Care Surrogate
- Living Will
- Declaration of Preneed Guardian
In addition, many clients are interested in revocable or irrevocable trusts. Our firm works with clients as they make decisions and ultimately formulate their own estate plan, which our firm puts into action through drafting the necessary documents.
Probate is the court process of handling a decedent’s assets which were not owned jointly with anyone nor designated to a specific beneficiary. In certain circumstances, a shortened or summary administration can be used. Our firm can help a decedent’s loved ones negotiate the sometimes complex and confusing probate process.
Trust Administration – Many people desire a trust so that after their death a successor trustee can simply distribute out the assets held in the trust without delay. In actuality, the Florida Trust Code sets forth procedures and deadlines which a successor trustee is obligated to follow in administering the trust. Our firm is here to aid a successor trustee who wants to be sure she is following the law in handling the decedent’s trust.
Our firm mainly handles guardianship proceedings for developmentally disabled individuals who are over 18 years of age. In order to legally make decisions and handle money for the developmentally disabled person, a parent or other loved one should be appointed as a guardian advocate. This process is less cumbersome and less expensive than a regular guardianship. Under the right circumstances, the court may waive the filing of annual accountings and formal guardianship plans.
James E. Johnson, II,
Florida Bar Board Certified Elder Law Attorney
Greene Hamrick Quinlan & Schermer, P.A.
601 12th Street West
Bradenton, FL 34205
Email: [email protected]
Providing legal representation in the greater Bradenton, Florida area.
The hiring of an attorney for assistance with probate administrations, trust administrations, estate planning, Medicaid for skilled nursing, and other legal issues is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you written information about our qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Simply contacting Greene Hamrick Quinlan & Schermer, P.A. will not establish an attorney-client relationship. Please do not send any confidential information to us until a formal attorney-client relationship has been established.