Blog:

If you have met with me for a consultation to discuss long term care planning during the last three years, you have heard me mention that the VA was proposing changes to its eligibility rules for need-based programs such as pension and Aid & Attendance.  These VA monetary benefits are paid to veterans and/or their surviving spouses to supplement…

It is not unheard of for children or grandchildren to move into an elder’s home because they are not financially stable or they are going through a divorce. However, if those relatives become a caregiver to the elder that owns the home they must put the elder’s needs above their own personal interests (i.e. fear of losing…

At some time you or your parents may need home health services due to an illness, accident or disease so that you can heal in your own home. The first question you will probably ask (if you don’t have a long term care insurance policy) is ‘how much will it cost me?’ While price is…

On July 5, 2018 (how appropo one day after Independence Day) the Florida Supreme Court ruled that under federal law AHCA may only reach the past medical expenses portion of a Medicaid recipient’s tort recovery to satisfy its Medicaid third party liability lien. See Giraldo v. ACHA (No. SC17-297). This ruling now resolves the conflict between the Second…

Our clients know how important it is to have legal documents in place that create a management system in the event of incapacity. That is the first of several very important planning steps. Equally important is to learn to be a strong and zealous advocate. The word „advocate‟ means a person who pleads a case…

If you you or a  friend has a family member that is a child with a disability you probably know the challenges it presents.  When a person with a disability is receiving Medicaid and/or SSI benefits and receives money (from a lawsuit or inheritance) it can unintentionally cause the child to lose government benefits. We were invited by a…

This month’s ‘Tips and Tales’ focuses on the invaluable benefits of a well drafted Durable Power of Attorney. Tale:   Jane Smith was involved in a catastrophic automobile accident.  Although rendered a paraplegic her cognitive abilities were not affected.  Since she was able to speak and communicate it was not necessary to pursue legal guardianship in order for her to…

As we welcome this new year and new opportunities why not organize your legal and financial affairs? It benefits you, your family as well as your advisors who guide you through legal, tax and investment issues. Here are some tips: Contact your banks and have them confirm whether you have designated beneficiaries and who they are Contact your retirement…

Clients frequently ask “Doesn’t my revocable trust protect my assets if I get sick and require long term care services?”  Clients are surprised when the answer is that their revocable trust assets, which they control, are countable if the client has a chronic illness and wants to apply for Medicaid. Clients want to stay in control of their…

It’s been a long time since we have seen this scenario and surprising that it still happens. You need to know if your client receives government benefits. Inform them the settlement can affect their entitlement, and encourage them to meet with me to obtain the best planning advice. Scenario: a child is injured during the birth…