Blog: Florida Elder Law
Twas the Night before Settlement…
Twas the night before settlement at your client’s house where a special needs loved one was beginning to grouse. The elder law attorney advised them Beware! That a special needs trust needs special care. Families and lawyers must know in their heads that equipment is needed like hospital beds Lawyers ran to the courthouse; a settlement–…
“I Do”: Now All Marriages Are Created Equally
On June 25, 2015 (exactly two years after the U.S. Supreme Court decided Windsor and held that part of the Defense of Marriage Act was unconstitutional) the Supreme Court of the United States issued its opinion in Obergefell and ruled that same-sex marriage is legal in all states. Now, same-sex married couples are entitled to…
The LGBTQ Healthcare Bill Of Rights – Be An Informed Consumer
Several LGBTQ advocacy groups have partnered with Center Link the Community of LGBT Centers to promote equal healthcare treatment for the LGBTQ community and prevent discrimination by healthcare providers based on gender identity and sexual orientation. The LGBTQ Bill of Rights was released in November 2014, when open enrollment for obtaining health insurance through the…
Congress May Change The Financial Rules for Veterans Benefits
It’s Back: The Veteran’s Administration Proposes New Rules for Aid & Attendance Aid & Attendance benefits is a monthly financial benefit provided to service men and women (and their spouses) to help pay for out-of-pocket medical expenses that are not reimbursed by insurance. The goal of this program is to help the veteran be able…
Kudos to Publix On Offering Legally Married Same Sex Couples Insurance
Publix Is Helping Businesses Pave The Way for Equality in Florida Kudos to Publix Supermarket for offering legally married same sex couples health insurance benefits effective January 1, 2015! By recognizing same-sex marriages performed in a state where it is legal, regardless of the current state of residence of the employee, Publix is demonstrating it is instituting equality…
Florida: The Perfect Home with the Perfect Partner
Many people are drawn to live and work in Florida because of its beautiful weather. Other people are drawn to Florida because it has no state income tax. If you are a married same-sex couple (SSC) or, have a domestic partnership or civil union there are several important real estate ownership issues you should consider…
Deadline Approaching for Gay Married Retired Military to Enroll In Survivor Benefit Plan
Retired and active military are entitled to designate their surviving spouse to receive the pension upon the veteran’s death. This is called the ‘survivor benefit plan.’ This benefit plan provides up to 55% of the veteran’s pension and helps many widows and widowers avoid financial hardship. As a result of the United States Supreme Court’s…
Beware Arbitration Clauses Hidden in Nursing Home Admission Contracts
You have seen in my blogs and articles I always say, “Do not sign a nursing home admission agreement that makes you the ‘responsible party’.” That language creates a legal obligation to financially pay for the care if the resident does not pay the facility. If a person other than the resident is signing the admission…
The Affordable Care Act Benefits the LGBTQ Community
HOW THE AFFORDABLE CARE ACT BENEFITS THE LGBTQ COMMUNITY During his two terms in office President Obama has supported the LGBTQ community in a myriad of ways including: the Patient Visitation Act, repealing Don’t Ask Don’t Tell in the military, and supporting the repeal of DOMA. The Affordable Care Act (ACA) click here which debuts January…
Rights For LGBTQ Individuals Continue To Advance
On Monday December 23, 2013, a federal judge in Ohio ruled that the state must recognize gay marriages by identifying the surviving spouse on a death certificate. The ruling was based on two lawsuits filed in July 2013 by two surviving gay spouses. Ohio does not recognize same-sex marriages performed in other states. When the U.S. Supreme…