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October 2019

Did You Know that “Custody” of Your Special Needs Adult Child Does Not Confer Legal Rights?

elder law, elder law attorney, elder law planning, estate planning attorney, florida elder law attorney, Medicaid planning, florida Medicaid planning

Did you know that when a child turns 18, they are an adult under the law? Previous guardianship or custody orders cease because adults, typically, can provide their own care. Did you know that when a special needs child turns 18, they are also an adult under the law? When an adult child suffers from a mental/physical illness or handicap that prevents them from providing their own care as an adult, they may remain with their parents under a guardianship order. But parents of adult special needs children do not receive guardianship automatically. In most cases, parents with a special needs...

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Elder Law FAQ: Defending Against Identify Theft

Everyone is susceptible to identity theft regardless of age or any other factor. The major data breaches that have made headlines in the last year serve as proof of this fact. But some segments of the population are more susceptible to identity theft and more likely to be targeted. One such segment is the older population. Seniors can be more vulnerable to identity theft than others. “Identity theft” refers to the theft of personal identifying information to create a new identity or to steal money from the victim. Identity Theft: Why are Older Adults Targeted More Frequently?  They tend to have more...

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How Does Getting Married Affect Florida Medicaid Eligibility?

elder law, elder law attorney, elder law planning, estate planning attorney, florida elder law attorney, Medicaid planning, florida Medicaid planning

In the simplest terms, Medicaid eligibility is determined by the applicant’s income. If a Florida Medicaid applicant gets married, the marriage will most likely result in a change to their income. The additional income as a result of marriage may render a Florida Medicaid applicant ineligible. If you have recently married or are about to get married, and you are worried about maintaining your Medicaid eligibility, continue reading. Defining Income: For Medicaid eligibility purposes, income refers to any income that a Medicaid applicant receives. “Income” can come from any source, including wages from employment, alimony payments, pension, Social Security Disability Income,...

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Are You Too Young to Think About Medicaid Planning?

elder law, elder law attorney, elder law planning, estate planning attorney, florida elder law attorney, Medicaid planning, florida Medicaid planning

Medicaid is a safety net for people in their later years who cannot afford the costs of long-term medical care. The benefits program is a joint federal and state program designed to offer medical assistance to individuals with low incomes and limited assets available. While the Medicaid program is intended to be helpful to those in need, accessing the benefits requires navigating an application process that many find confusing. Eligibility requirements are often misunderstood, and the overall process is frequently described as cumbersome. The difficulties attached to the Medicaid application process seem to multiply exponentially when an applicant spontaneously applies for...

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What Assets are Exempt from Medicaid Planning?

elder law, elder law attorney, elder law planning, estate planning attorney, florida elder law attorney, Medicaid planning, florida Medicaid planning

Considering you are reading this article, you are probably already aware that there are basic eligibility requirements in place for Medicaid coverage. To be eligible for the Medicaid nursing home benefit, you have to hold $2,000 or less in total assets. You also have to have a monthly income of less than $2,313. (These eligibility requirements are current as of 2019). Knowledge of the basic eligibility requirements is the first step. The next step is to consider the asset test for Florida Medicaid. Florida does not require that Medicaid recipients be utterly impoverished. Certain assets are exempt from the eligibility requirements....

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If You Don’t Have an Estate Plan, It’s Not Too Late

If you know that having an estate plan is important, but you don’t have one, you aren’t alone. Most Florida residents are aware that they need an estate plan. But many of those Florida residents who know they need an estate plan, don’t actually have one. If you don’t have an estate plan, don’t worry. It’s not too late to call an experienced Florida estate planning attorney and protect your family and your estate. When you are creating an estate plan later in life, it is often even more important that you do so with the assistance of an experienced Florida...

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Why Should You Use Trusts in Your Estate Plan?

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Estate planning is all about controlling your assets. It offers control of your assets during your life as well as control of your assets after your death. The most basic way to establish this control is through a will, but for most people, the will needs to be followed by additional estate planning documents and tools. One of the most common is the trust. The trust can be very handy for individuals who want to control their assets. The need for a trust is driven by the level of control you would like to maintain over your estate. The trust offers...

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Choosing the Best Nursing Home for Your Parent or Loved One

Elder Solutions Law Firm, florida estate planning planning attorney, nursing home care, choosing nursing home care, finding nursing home care

Children don’t want to think about their parents’ health declining. The lucky ones have parents who chose their own retirement community well in advance of needing the services. And the luckiest of all have parents with the means set aside to cover the costs associated with long-term care. But most of the time, the responsibility for finding a facility to provide long-term care services fall to the adult children of seniors. They do the legwork, they find the facility, they figure out funding for the long-term care, etc. Finding the right nursing home or other long-term care facility can be...

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How to Plan Ahead for Long-Term Care Costs

Elder Solutions Law Firm, florida estate planning planning attorney, florida medicaid attorney, florida Medicaid planning lawyer, long term care costs, planning for long term care costs

Remaining independent as long as possible is a top priority for many Americans. Yet the majority will eventually need some type of housing or care support as they grow older. There are a number of options that provide for various needs. It is best to consider the options before you need them so you can plan for the unexpected and have access to the resources you need when the time comes. For many, the first option is in-home care. Approximately 80% of in-home care is provided by family members or nonprofits. As many are unpaid family members, this mode often comes...

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Estate Planning: Is Your Family Prepared for a Late-Life Health Emergency?

Elder Solutions Law Firm, florida estate planning planning attorney, florida medicaid attorney, florida Medicaid planning lawyer, late life planning, late life estate planning, Medicaid planning, elder law planning, planning for your elder years

When we get in a vehicle, we have seat belts. We are all aware that they are provided for our safety. Almost every time we get in a vehicle and drive to a destination, we do so without incident, yet we wear seat belts while we are in a vehicle as a precaution for the rare instances when there may be some type of car accident. This is similar to planning for unexpected medical events and emergencies. Proper estate planning can help manage the financial implications that are associated with unexpected health problems and the potentially long-term care needs that...

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