AHCA’S Attempt to Reach a Medicaid Recipient’s Tort Recovery is Thwarted.
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…
It is important to have legal documents in place that create a management system in the event of incapacity.
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…
A Special Needs Trust For A Young Man Who Lost His Medicaid And SSI Benefits
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…
The Invaluable Benefits of a Well Drafted Durable Power of Attorney.
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…
Tips To Organize Your Affairs For 2018
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…
Why Estate Planning and Medicaid Planning Take Different Paths
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…
Failure to Report Settlement to Social Security Results In Woman Facing 15 years in Federal Prison
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…
How To Select a Residential Facility for a Loved One
What happened at * nursing home never should have happened. It is a tragedy that could have and should have been avoided. Placing a loved one outside of their private home for care can be unsettling for both the elder and their family. In order to make the best informed decision on placement there are…
Calm Amid Chaos
by Jo-Aynne von Born, Executive Coach Hurricane Irma was wearisome for many of us but any crises we face can be an opportunity to bring out the best in us. The critical factor is presence of mind. What is that exactly? The ability to remain calm and take quick, sensible action. If this type of…
ABLE Account Contribution Increase
Starting January 1, 2018 donations of $15,000.00 for the calendar year can be made to an ABLE account. This is an increase from $14,000.00. Additional good news is that Florida’s ABLE United fund is waiving its fee to open a new account. An ABLE account helps a person with a disability save their earnings or,…
