Area Of Practice Elder Law
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 and Trust Administration
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.