Recently in Medicaid Planning Category

May 9, 2013

The Future of Estate Planning: The Multigenerational Life Plan

Over the last year I worked with an intern in our office of a Law Review article for Texas Tech University. This article describes problems with current estate planning and takes the premise that most estate planners have become lazy because of advancements in technology. That is, most only ask their clients about issues that their software is capable of addressing. We identify 6 primary areas that are not addressed in most estate plans:

  1. Firearms;
  2. Digital Assets;
  3. Asset Protection;
  4. Life Planning;
  5. Controlling from the Grave; and
  6. Pets

The citation for the article is
David Goldman & Charles Jamison, The Future of Estate Planning: The Multigenerational Life Plan, 5 Est. Plan. & Community Prop. L. J. 1 (2012).

Continue reading "The Future of Estate Planning: The Multigenerational Life Plan" »

March 20, 2013

The Effects of Using a Deed to Transfer Real Estate Property Ownership to Avoid Probate

greenhouse.pngYou can transfer ownership of your real estate property through probate, or by signing an instrument known as a deed.1 Using a deed to transfer ownership of your real estate allows you to bypass probate, but there are some risks associated with this alternative. This blog discusses the advantages and disadvantages of using a deed to transfer ownership of your real estate property.
Advantages of Using a Deed to Transfer Ownership


  1. A transfer by deed can allow you to reserve the right to use the real estate property transferred for the remainder of your lifetime: There are different types of deeds that can be used to transfer property and each one of them serve a different purpose. Some deeds, like the life estate deed, allow you to transfer ownership of your real estate property while reserving you the right to use the property for the remainder of your lifetime.

  2. A transfer by deed can simplify the transfer of your real estate property: A deed transfers ownership of your real estate property automatically and bypasses probate. Therefore, a transfer by deed avoids you the delays and expenses of Florida probate.

  3. A transfer by deed can bypass both your creditors and your beneficiaries' creditors: Property transferred through probate is subject to the claims of your creditors and the creditors of your beneficiaries unless the property transferred qualifies as your homestead.


Disadvantages of Using a Deed to Transfer Ownership

  1. A transfer by deed can place your home in jeopardy to other's creditors: The Florida Supreme Court noted in Snyder v. Davis that there are three kinds of homestead that have the following purpose: preserve the family home for its owner and his or her heirs. One kind of homestead protects the home from forced sale by creditors. Sometimes families attempt to transfer their home by adding kids on to the house deed to avoid probate. These families face a problem when one or more of the owners mentioned in the deed do not live in the home. The problem is that the ownership percentage of the person not living in the home is subject to the claims of his or her creditors. The problem is aggravated when no ownership percentage is specified in the deed since Florida assumes that there are equal percentages of ownership to each person named on the deed. If a creditor takes an ownership in the home, then he can force the sale of the whole property. Therefore, adding someone to your house deed to transfer ownership of the property avoiding probate might leave you with nothing to transfer. The same scenario applies to those who try to transfer ownership of their house with a Florida life estate deed.

  2. A transfer by deed brings adverse tax consequences: There may be gift taxes or penalties associate with the failure to report the gift if the value is over the yearly gift tax limits.

  3. A transfer by deed can cause you to lose stepped up basis: This can cause a much greater income tax upon the sale of the property in the future.

  4. A transfer by deed might cause you to pay gift tax: If you do not receive payment for the transfer, then the IRS views the transaction as a gift and requires you to pay a gift tax. However, there are some exclusions to this tax.

  5. A transfer by deed can create a disqualifying transfer of assets for Medicaid purposes: This can be for as long as 5 years.


If you are trying to avoid probate in Florida and would like to also have protection for your homestead from creditors, not have adverse tax consequences, not lose stepped up basis, and/or not create a disqualifying transfer of assets for Medicaid purposes, you should contact a Florida Estate Planning Lawyer to discuss how to protect your homestead and the options available that deal with your circumstances and goals. To contact a Florida Estate Planning lawyer call the Apple Law firm at (904) 685 - 1200.

August 4, 2012

Are Cars Exempt from Medicaid in Florida?

Thumbnail image for senior-caretaker-thumb14146522.jpgTypically a single automobile and one over 7 years old is exempt but there are some conditions that could cause a vehicle not to be exempt

1640.0591 Automobile (MSSI, SFP)

One automobile, regardless of value or use, is excluded as an asset.
Unless otherwise excluded, any other automobiles are treated as non liquid assets and counted to the extent of their equity value. The equity value is the average trade-in value of the vehicle minus any indebtedness.

When there is more than one vehicle, apply the automobile exclusion in the manner most advantageous to the individual. That is, the automobile with the highest equity value may be the one vehicle totally excluded, leaving the automobile with less equity value to count as an asset to the individual.

Any automobile over seven years old is an excluded asset except for the following instances requiring development:1. Luxury cars (for example, Jaguar, Mercedes-Benz, Cadillac, Lincoln, Corvette);
2. Automobiles or trucks that are 25 model years or older (because they may have value as classics or antique vehicles); or
3. Customized or specially modified automobiles, except for those modified for use by a handicapped person.

1640.0592 Verification of Vehicle Value (MSSI, SFP)
Information containing the name(s) of the owner(s), make, model, and year of the vehicle is required for all vehicles. The amount of indebtedness is required on all included vehicles.

Sources of documentation include:

1. title,
2. tag registration,
3. Department of Motor Vehicle records,
4. purchase contract,
5. payment schedule, or
6. lien holder.
Use the average trade-in value listed in the National Automobile Dealers' Association (NADA) book with no adjustments for any special equipment as fair market value in determining equity value (fair market value minus indebtedness).

If a vehicle is not listed in the Southeastern Edition, National Automobile Dealers' Association (NADA) book, the Official Used Car Guide or the NADA Older Car Guide, the individual must obtain an appraisal or produce other evidence of the vehicle's value, such as a tax assessment or a newspaper advertisement indicating the amount for which like vehicles are being sold.

July 25, 2012

Spousal Refusal: The Painful (But Sometimes Necessary) Decision

rings.jpgCouples who are still married, even into their 70s or 80s are the lucky ones. They've made it through the hard times, the ups and downs of life, ]and still have their companion at their side. But even the most devoted of spouses is sometimes finds it necessary to exercise "Spousal Refusal" to pay the long-term care bills of their spouse when he or she has lost the ability to perform the activities of daily living.

Spousal Refusal refers to one spouse's official and legal refusal to pay for long-term care expenses of the other spouse. In general, married couples have a legal obligation to pay for the healthcare costs incurred by either spouse if they are admitted into a nursing home. However, if your spouse has been admitted to a nursing home, and you have limited resources, you may fill out a form with Medicaid stating that you refuse to pay for your spouse's care. This may sound cruel or selfish, but exercising Spousal Refusal can sometimes be the only way to save the healthy spouse's small nest egg for his or her own needs in later years.

Spousal Refusal is not about turning away from a spouse in their time of need; in fact, many of the elderly individuals who exercise this option do so only after a long and painful decision-making process, and they do it not out of selfishness but out of necessity. Patients who need more than the first 100 days of nursing or rehab care covered by Medicaid can find themselves facing costs in excess of $100,000 per year. It is not uncommon for a couple to lose their house and all of their savings because of one extended stay in a nursing home.

It is good to know that couples who forgo Spousal Refusal and choose to pay for a spouse's long-term care costs after all won't be left completely out in the cold. Anti-spousal impoverishment laws were enacted on the federal level in the late 1980s. In 2012, the healthy spouse is permitted to retain up to $113,640 in assets while his or her sick or recovering spouse is covered under Medicaid. Unfortunately, in this day and age, $113,640 doesn't go a long way, especially if the healthy spouse lives for another decade or so. The decision to exercise Spousal Refusal is not an easy decision to make. Married couples must weigh the costs and benefits--not only financial costs and benefits, but emotional and ethical as well. The decision-making process can be emotional and overwhelming, and no couple should have to go through it alone. Contact our office if this is something you or your family is facing, we can help.

To read more on Elder Law download our Elder Law Update.

July 24, 2012

The High Emotional-- And Financial-- Cost of Alzheimer's Disease

happy_elderly_couple_americare.jpgAlzheimer's is a disease that affects everybody it touches--husbands, wives, children and grandchildren--they all bear witness to their loved one's slow demise.

Sadly, emotional stress is not the only stress that accompanies Alzheimer's disease; those loved ones serving as caretakers may carry a huge amount of financial stress as well. The cost of caring for an Alzheimer's patient can run anywhere from $64 a day to $77,380 a year, and because Alzheimer's disease can be such a long-lasting disease (a person can suffer from Alzheimer's for up to 20 years) the costs of care can end up being astronomical. It's obvious that people can't do it alone.

Long-term care insurance can be very helpful in paying for the costs of care necessary for a loved one suffering from Alzheimer's... if your loved one has thought ahead and purchased the policy before they or their spouse began suffering from symptoms of Alzheimer's. Some people may not have thought ahead and hope that government programs will be able to help with the high cost of care. Medicaid (or MediCal in California) can be helpful--although Medicare doesn't cover the cost of long-term care--but only if you fall in the right category and know how to navigate the complex Medicaid system.

Unfortunately, learning how to navigate the system is not something you can do in an hour or two. Because each individual experience with Medicaid will depend on a number of unique factors we can't give you an easy set of instructions to follow. The best advice we can give is to say that right now, the best way to navigate the Medicaid/Medi-Cal system is to find someone who knows the system to assist you. As an elder law firm we help clients with these issues on a regular basis. If you want to ensure that you and your loved ones will be cared for no matter what the future may bring, please contact our office for help.

To read more on Elder Law download our Elder Law Update.

July 23, 2012

New Wave of Lawsuits May Force Children to Pay for Elderly Parents' Nursing Costs


Many of our clients and readers in Florida are caregivers of elderly parents; they have chosen to take responsibility for their parents--whether it be physical responsibility, financial, or other. But what if instead of making that choice, you had responsibility for your aging parents thrust upon you? This is exactly what happened in the case of Health Care & Retirement Corporation of America v. Pittas, recently brought before the Pennsylvania appeals court.

This particular case states that "On or about September 24, 2007, after completing rehabilitation for injuries sustained in a car accident, Appellant's [John Pitta's] mother was transferred to a HCR facility for skilled nursing care and treatment. Appellant's mother resided in the facility and was treated by HCR until March of 2008. In March of 2008 Appellant's mother withdrew from the HCR facility and relocated to Greece."

Following Pittas' mother's relocation, a large portion of her bill at the nursing home went unpaid. Mr. Pittas' mother applied to Medicaid to cover her care, but while that application was still pending, the nursing home sought to hold Mr. Pittas responsible for the debt under the state's filial responsibility law. Although the case went to an arbitration panel which initially ruled in favor of Mr. Pittas, eventually the Pennsylvania trial court ruled in favor of the nursing home, holding Pittas responsible for nearly $93,000 of his mother's nursing expenses.

At this time Florida does not have these issues, but Florida residents should be careful if their parents live in other states.

So far this has only happened in one state, but there are many other states which still have filial responsibility laws on the books. These laws have rarely been enforced thus far, but this ruling by the Pennsylvania Supreme Court does not bode well for children of aging parents throughout the U.S., many of whom are finding themselves caught between caring for elderly parents and for grown children who have not yet left the nest.

Perhaps one of the most disturbing things about this case is that the nursing home was given so much leeway. The Pennsylvania Supreme Court found that "Nothing in [Pennsylvania Law] requires a movant or a court to consider other sources of income [for the elderly parent] or to stay its determination pending the resolution of a claim for medical assistance." Furthermore, the court also stated that it was the nursing home's right to choose which family members to pursue for the money owed.

This would seem to condone (if not encourage) a litigious mind-set among nursing homes; and if you are one of many siblings with an elderly parent you could find yourself involved in a lawsuit merely because you live the closest, are the wealthiest, or called mom more often than your brothers or sisters.

The best way to guard against yourself or your family becoming embroiled in a similar lawsuit is to ensure that you (or your elderly parents) have a plan in place to pay for long-term care. Talk to your
parents about what plans (if any) they have to pay for their future long-term care needs, and contact our office to explore your options.

To read more on Elder Law download our Elder Law Update.

July 11, 2012

Elder Law Update: States That Could Make Children Pay for Dad's Care

Unpdaid long-term care bills are increasing and becoming more of a problem in many states. All 50 States have statutes that obligate adults to care for children or other family members; if your parent lives in one of 29 states, you could be held responsible for your parents unpaid long-term care bills. What? How could this be? are the typical reactions to many living in these unfortunate states.

Katherine Pearson at Penn State Law School has written a paper on Fillal Support Laws and the enforcement Practices for laws requiring adult children to pay for indigent parents.

Her abstract states:

Family responsibility and support laws have a long but mixed history. When first enacted, policy makers used such laws to declare an official policy that family members should support each other, rather than draw upon public resources. This article tracks modern developments with filial support laws that purport to obligate adult children to financially assist their parents, if indigent or needy. The author diagrams filial support laws that have survived in the 21st Century and compares core components in the United States (including Puerto Rico) and post-Soviet Union Ukraine. While the laws are often similar in wording and declared intent, this article demonstrates that enforcement practices are quite different among the two countries, even as both countries struggle with aging populations and recession. In addition, the author analyzes a potentially disturbing trend emerging in at least two U.S. states, most significantly Pennsylvania, where filial support laws are now a primary collection tool for nursing homes, with decisions against adult children running to thousands of dollars in retroactive "support." The article closes with concerns for policy makers in any state or country considering filial support as an alternative or supplement to public funding for long-term care or health care for the elderly.

What is interesting is that some states like NY have cases where they were able to go after children in other states to collect the funds. I can see how a state can enforce laws against its residents or those domiciled in that state but the concept of creating a law in one state that creates an obligation on adult children living in another state is beyond logical.

If your parent's are alive and going to receive care from a nursing home in one of the following 29 states, you should talk with an estate planning professional to determine what your risk of liability is.

Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire , New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia .

NOTE: There are no laws in Florida that would require such support but we often see individuals who check their parents into nursing homes or hospitals who sign admission papers who unnecessarily obligate themselves financially. You may want to discuss how to limit such financial obligations by use of a power of attorney.

June 22, 2012

Florida Elders can Improve Memory through Exercise

happy_elderly_couple_americare.jpgJacksonville Elder Law Lawyers keep up with legal matters as well as non-legal matters when it comes to advocating and educating the elderly. A recent article published in the Times of India discusses a study conducted by scientists at the University of South Florida and the University of Shanghai.

The findings of an 8 month controlled trial, compared a group of Chinese seniors who practiced Tai Chi (a Chinese form of self-defense that has evolved into a graceful exercise) 3 times a week to a group with no intervention. The results of the study found increases in brain volume and improvements on tests of memory and thinking in those seniors who practiced Tai Chi three times a week. The same trial also showed increases in brain volume and more limited cognitive improvements in a group that participated in lively discussions 3 times per week over the same period.

This was the first trial to show that a less aerobic form of exercise, Tai Chi, as well as stimulating conversation, led to increases in brain volume and improvements on psychological tests of memory and thinking.

Unlike many exercises, when engaging in Tai Chi one uses cognitive functions such as attention and coordination that may strengthen not only the body's muscles but also the brain's muscles. No doubt this gentle "meditation in motion" exercise will have beneficial results for many elders.

There are also numerous legal methods to ensure that Florida elderly combat the negative results that accompany dementia and Alzheimer's. Negative results are when an aging person is no longer able to dictate and make his or her own decisions. When an elderly person begins to lose their capacity, their children or other relatives may end up making financial and health decisions for them. These decisions may be contrary to what the elderly person would have chose.

Having a discussion with Elder Law Attorneys is good for your health. Elders will learn about ways to qualify for Medicaid, ways to protect their assets, and ways to preserve their wishes about health, finances and inheritance matters. It is in the best interest of the elderly to talk with an attorney prior to the onset of physical and cognitive disability.

So, engaging in exercise, especially the moderate movements of Tai Chi is good for one's mental health. Likewise, consulting with a Jacksonville Elder Law Lawyer, is also good for one's health.

May 10, 2012

Adding Kids To Deeds Can Place Florida Homestead in Jeopardy to Creditors

Joseph Percope has written an article The Impact of Co-ownership on Florida Homestead in the Florida Bar Journal that discusses the tree kinds of homesteads defined in a 1997 Florida Supreme Court case: The tax exemption; The Protection from Creditors; and The restrictions on alienation of homestead property in Florida.

While most are primarily concerned with their tax breaks, as a Florida Estate Planning Lawyer we often deal with the second two more often in our planning. We see families attempting to avoid probate by adding kids on to deeds all the time. We also see parents who own part of their children's homes. The problem begins when in either of these situations one or more of the owners does not live in the home. The home or at the ownership of the person not living in the home is subject to the claims of their creditors.

When no ownership percentage is specified, Florida will apply equal percentages of ownership to each person named on the deed. If a single person adds their child onto their deed as joint tenants with rights of survivorship, 50 percent of the equity in the home will be exposed to the creditors of the child who is not living in the home.

Once a creditor takes an ownership in the home, it is possible to force the sale of the home.

While these types of deeds are rarely a good idea because of the tax and basis considerations, many have not considered the additional risk due to the creditors of co-owners who do not live in the home or qualify for the second type of homestead (the constitutional protection from creditors)

The same scenario applies to those who try to use a traditional life estate deed to avoid probate. ( a Florida Enhanced Life Estate Deed does not have many of the problems that a traditional life estate does.

If you are trying to avoid probate in Florida and would like to also have protection for your homestead from creditors, not have adverse tax consequences, not lose stepped up basis, and/or not create a disqualifying transfer of assets for Medicaid purposes, you should contact a Florida Estate Planning Lawyer to discuss how to protect your homestead and the options available that deal with your circumstances and goals.
=

May 4, 2012

Florida Enhanced Life Estate Deed and Medicaid Planning

A Florida Enhanced Life Estate Deed (sometimes called "The Lady-Bird Deed" is a tool used by Florida Estate Planning Attorneys, Florida Elder Law Attorneys, and other by Florida Lawyers to preserve the homestead for the benefit of the family and avoid a Probate in Florida. Upon the death of the homeowner's the property will pass to the people designated without the need for a costly probate process in much the same way as a bank account with a beneficiary designation.

Jacksonville Duval Clay Orange ParkWhy Use an Enhanced Life Estate Deed?
The Florida Enhanced Life Estate Deed provides a mechanism to bypass the probate process and thus the creditors. Under this document, the husband and/or wife retain a Life Estate Interest under which he or she retains the right to live on the property for their life. Unlike a Life estate, the husband and/or wife retain the right to sell, mortgage, convey, gift, or cancel the remainder interest at any time during their life. If there is any property interest upon the last to die of the husband and/or wife, the remainder will pass in fee simple to the designated individuals named in the deed.

Who should use the Enhanced Life Estate Deed?
A Florida Enhanced Life Estate Deed or Florida Lady-Bird Deed should be use by individuals or couples who want to simplify the transfer of their property upon their death and retain full authority and possession over their property.

Will using an Enhanced Life Estate Deed affect my Florida Medicaid Eligibility?
As long as the individuals demonstrate an "intent-to-return" to the homestead Medicaid Eligibility should not be affected.

What are some common mistakes with deeds?
Many Florida residents add their children on their deeds as Joint Tenants with Rights of Survivorship.
Many Florida Residents deed their property to their children and retain a life estate.

What can happen if I have made a common mistake on my deed?
1) My home may not be protected from creditors and/or loose its homestead protection.
2) I may be disqualified from Medicaid in the event that I need to go into a Nursing home.
3) I may have made a gift, subject to Federal Gift Taxes, Penalties, and Interest which my heirs and/or family may be responsible for paying.
4) I may not be able to sell my home or use the proceeds from my home to enhance my quality of life, travel, or pay for the necessary medical care I need.

If I have made a mistake transferring my property, can it be fixed?
Yes, You should meet with a Florida Estate Planning Lawyer to evaluate your situation, and prepare the documents necessary to allow you to qualify for Medicaid, deal with the Gift taxes, protect your homestead, and pass your homestead to the desired beneficiaries without the costly expense and delay of Florida probate.

April 27, 2012

Florida Nursing Home Penalty Divisor Update 2012 by DCF

It has been many years since the regional divisor has been updated. For the last several years the penalty period was calculated using an outdated nursing home cost of $5000. As of now, the divisor has been raised from $5000 to $6880 in Florida (Florida Administrative Code)

What does this mean? If one does property planning, they can give away $6880 and only have a 1 month penalty. This becomes important when doing planning for individuals who have nursing home exposure.

This will significantly increase the amount of money most people could save by doing elder law planning in Florida. As you age it is important to consider both Florida Estate Planning and elder law when structuring your plan.

March 30, 2012

Florida Makes Power of Attorney Documents More Dangerous

With the recent changes to the Florida Statutes, it is even more dangerous to use Powers of Attorney documents created by online systems or found in forms books. Not only is there a big risk that they will not comply with the new Florida laws and be worthless, but if they are valid, you run a big risk of handing someone a blank check. YES that is what many are calling the powers contained in the new Florida Durable Powers of Attorney act.

While those using a POA are supposed to act in a fiduciary capacity, when they do not, someone has to complain about it or nothing will be done. While under Florida's Elder Law abuse statutes, anyone may complain about the actions of another who is over the age of 55, those under 55 who grant powers of attorney have little recourse when their power of attorney is abused without their knowledge.

More Jacksonville Estate Planning Lawyers are creating systems to accomplish the springing powers that have recently been stripped from the statutes.

Many are asking who pushed for these new changes. The answer is simple, the banks. It is easier for banks to understand what they have to do with the new documents, it limits lawsuits against banks, but all of this comes with great potential harm to the consumer.

individual already do not understand how to properly structure a Power of Attorney, now many will create invalid powers and potentially incur thousands of dollars of additional legal expenses when they find that they are not valid or do not provide the rights necessary to make gifts, create revocable and irrevocable trusts, or do planning that will enable an individual to preserve their assets instead of spending down their assets to qualify for government benefits. (Currently an individual must spend their assets down to less than $2000 before receiving government benefits.)

Even if they have no assets and can qualify for nursing home coverage, they may have too much income to qualify. Most free or low-cost powers of attorney do not provide the correct language necessary to create income trusts.

Some of the Major changes


  • Agents May not Take Any Actions not Clearly Granted to Them
  • New Springing Powers of Attorney Are No Longer Recognized
  • Certain Delegations of Authority Require the Principal's Initials or Signature
    • Creating an inter vivos trust
    • Amending, modifying, revoking, or terminating an existing trust (additionally, the trust instrument must explicitly authorize the settlor's agent to exercise such authority)
    • Making gifts, subject to statutory limits
    • Creating or changing rights of survivorship
    • Creating or changing a beneficiary designation
    • Waiving the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
    • Disclaiming property and powers of appointment
  • Some Delegations of Authority are Ineffective (Even With the Principal's Consent)
    • Perform a contract under which the principal was obligated to provide "personal services"
    • Make an affidavit as to the personal knowledge of the plaintiff (in other words, take an oath affirming facts which the principal did or did not know)
    • Vote in a public election on behalf of the principal
    • Execute or revoke a will for the principal
    • Exercise authority granted to the principal in her capacity as trustee or as a court-appointed fiduciary
  • General Language No Longer Sufficient to Revoke Prior Powers of Attorney
  • Co-Agents Can Act Independently on the Principal's Behalf
  • Co-Agents to report wrongdoing or become liable for others actions

If you are looking to create a Florida Power of Attorney you should discuss your goals, objective,and limitations under the new Florida law to make sure you create the documents necessary to be able to provide for yourself and family in the case you become incapacitated at sometime in the future.


March 5, 2012

Attempt to Avoid Probate Earns Medicaid Applicant Penalty Period

Often in an attempt to avoid a relatively small probate fee, individuals can create huge penalty periods and taxable issues for themselves. Take for instance, a woman in New York who, two years before applying for Medicaid, transferred money from her account to an account with a co-owner. Transferring individually owned funds to an account with joint tenants is a common way to avoid a Florida Probate.

While her estate planning attorney seems to have given the advice, he was not aware of the problems that estate planning techniques to avoid probate can have on Medicaid eligibility.

Not only can transfers like this have problems for the individual making the transfer, but they can also create problems for the beneficiary or the new co-owner who will now have additional assets in their name, that may disqualify them from government benefits like Medicaid.

Before you try to save a few dollars and do what worked for your parents or friends, you may want to discuss your circumstances with a Jacksonville Estate Planning Lawyer who is familiar with Medicaid and Elder law issues.

February 27, 2012

Elder Law Lawyers look to Alzheimers Research

happy_elderly_couple_americare.jpgAs Jacksonville Elder Law Lawyers, we are always looking for the most effective and least restrictive ways in which to serve the needs of our Jacksonville elderly. We keep current of the Florida statutes and the numerous Florida cases which interpret matters involving Florida's senior citizens.

Elder law encompasses many aspects, including estate planning, guardianship, medicaid issues, and of course, health care issues. As Florida Elder Law Attorneys, we also look to various research and articles throughout the nation which focuses on issues related to aging.

Recently an interesting article caught our attention dealing with coconut oil and it's effect on those suffering with dementia and Alzheimers. We want to share information we learn of that may have a positive impact on your lives. This article addresses alternative medical treatment.

Coconut oil, once thought to be harmful due to elevating cholesterol levels, actually has numerous positive influences on human health. While pure non hydrogenated coconut oil does in fact raise cholesterol levels it is the good (HDL) cholesterol that is influenced. Although there is little evidence at this point to support it, some leading researchers believe that Alzheimer's, dementia, ADHD and other central nervous system impairments can be helped with the use of pure coconut oil.

Glucose is the primary nutritional source for brain cells. Some conditions impair the body's ability to utilize glucose and as a consequence brain cells do not function optimally and will ultimately die.

Recent research along with antidotal testimonials suggest that the median chain triglycerides can provide a source of ketone to brain cells that acts as an alternative to glucose. Some patients with Alzheimer's and dementia have seen improvement in cognitive, emotional and physical function with the use of pure coconut oil.

If you would like information or direction with an elderly person in your life, consult with a Jacksonville Elder Law Lawyer.

November 30, 2011

2012 Florida Mediaid Eligibility Requirements

The eligibility requirements for Medicaid have changed for Florida as of 1/1/2012. There were changed in the income criteria, maximum amount of assets, and maximum equity in your homestead property.

Florida Medicaid Income Limits as of 1/1/2012.

The Applicant's income limits have increased from $2022/ month to $2094/month. If the applicant for Medicaid has income in excess of $2094, they may use a Qualified Income Trust or Miller Trust to help the applicant qualify for Florida Medicaid Benefits under the Medicaid Asset Test.

Florida Medicaid Asset Limits as of 1/1/2012.

For an individual who is not married, the Applicant can only have $2000 in countable assets. This number is unchanged from 2011.

For an Applicant who is married, their Spouse's Asset limits have increased from $109,560 in 2011 to $113,640 as of 1/1/2012.

If you have more than the maximum assets, we can talk about how to convert countable assets to exempt assets, spend the money appropriately or plan for gifting, loans, or Medicaid compliant annuities to allow you to qualify even if you have significantly more assets than the maximum.

Florida Medicaid Homestead Equity Limits as of 1/1/2012.

An Applicant for Florida Medicaid can have $525K in homestead equity. This value has increased from the $506K which was allowable in 2011. If your home has more than the maximum value of equity, there are ways to reduce the amount of equity to allow you to qualify for Florida Medicaid.

if you or a family member will be looking for Florida Medicaid Benefits, you should consult with a Florida Medicaid Lawyer before you apply for coverage to protect excess income or assets and allow you to qualify properly. Many of these techniques can still be used even if the family member is already in a nursing home.

As you or your family members age, it is important to review your Florida Estate Planning Documents with someone who is familiar with Elder law and estate planning because many of the techniques used for estate planning can cause problems when applying for Florida Medicaid Benefits