Florida’s Proposed Medicaid Reform: Stop It In Its Tracks!
There are three bills pending in the Florida Legislature concerning Medicaid reform. Each of them contain flaws and demonstrate that our representatives and the Governor do not understand or appreciate the necessity for an improved health care system or, why families should not be impoverished to provide basic medical care to their loved one. 1.…
Another Interpretation of the Ahlborn Decision Limiting the Medicaid Liability Lien
The Arizona Court of Appeals has ruled that the state Medicaid agency can recover no more than the portion of the Plaintiff’s settlement that represents recovery of Medicaid payment made less costs of litigation. Southwest Fiduciary v. Willingham. The case consolidated two case. Rhonda Lundy was injured in a car accident and her conservator filed suit.…
Domestic Partner (LGBT) Planning
Advance Estate & Long Term Care Planning for Domestic Partners & Same Sex Couples It is human nature to avoid issues of illness, death and mortality. Yet, procrastination can result in fewer options or less desirable options for resolving those issues. The laws in Florida as well as the United States generally do not provide…
The Business Of Aging Boomers, Seniors Planning Now To Simplify Late-In-Life Legal Issues
Premium content from South Florida Business Journal – by Jeff Zbar Debra Giblin-Davis, worked with attorney Stephanie L. Schneider, left, to make plans that would protect her son, who has multiple sclerosis. Debra and Robin Giblin-Davis were traveling several years ago when they had an epiphany. Both were in their 50s. Sean, the youngest of…
Stephanie’s Quarterly Planning Tip
Welcome to our new column where we share a planning tip to help you and your family. Tale: A new client retained our services to probate her Father’s estate. We asked the daughter to identify the children of her father – both those born to the family as well as adopted. Sheepishly she told us…
It’s Time for a Legal Check-up!
Happy New Year 2011! What a great time to create and achieve new goals that bring you peace of mind and fulfillment. We encourage our clients to have a legal check-up a minimum of every three (3) years. Why? The simple answer is that life’s circumstances change which can affect the advice we have previously…
Did You Know We Are a Full Service Elder Law Firm?
Recently, one of our clients for whom we did long-term care planning for his Mother called to advise that his Mother had passed away. While her passing was a sad event the client had the peace of mind of knowing that he had arranged for the best possible care for his Mother and she had…
New Estate Tax Law Passed
The new estate tax exemption, signed into law by President Obama, is $5 million dollars per person. A married couple can pass on wealth of $10 million. The law is retroactive to January 1, 2010. This means that any anyone owning total assets valued under $5 million at death will not incur an estate tax.…
Florida DCA Rules State Law Prohibiting Homosexuals From Adopting Is Unconstitutional
On September 22, 2010 the Third District Court of Appeal in an unprecedented opinion held that Florida Statute 63.042(3) is unconstitutional as the classification does not have a rational relationship to the governmental objective. That statute states: “No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual. …
Special Needs Trusts Can Successfully Protect Child Support Payments For Minor And Adult Children With Disabilities
Imagine this scenario: You successfully obtained a settlement for a couple whose child was severely injured. You collaborated with an elder law attorney to create a special needs trust to protect the settlement proceeds and preserve the client’s government assistance. Several years later you get a call from one of the client’s that the couple is divorcing and asking…