One of the best tips I think an alzheimer’s caregiver can rely on is to educate themselves.  An educated caregiver can make all the difference in dealing with the stress of the unknown.  For instance, many caregivers are unaware that there are support groups available which can be invaluable to the caregiver.  There may also be respite services that are available, for free, in
Learn more »

In the last two years, there have been plenty of articles and blog posts written about this topic. Unfortunately, it does not seem like we’ve come very far in answering the question.  Facebook and Twitter still do not allow family members access to a deceased relative’s account, nor do they allow a personal representative to access the account.  The most Facebook will do is
Learn more »

There was an article in the Tampa Bay Times on Sunday, February 24, 2013 – (view article) discussing DCF’s proposal of a bill that targets Florida Medicaid fraud among those trying to hide their assets.  Once again, DCF is trying to use scare tactics to hurt the most vulnerable population and would attempt to make legislators believe that individuals regularly transfer hundreds of thousands of
Learn more »

Florida Medicaid Look-Back For Long Term Care The Florida Department of Children and Families has finally decided on the implementation of a period of Medicaid look-back for long term care programs. What is a look-back period?  When you go to file for Medicaid, they ask you whether you have given any assets away for the past three years.  If you have given away assets during
Learn more »

Why Elder Law? Why Do I Do What I Do? Fifteen years ago today, one of the most precious people in my life passed away – my Nana, Elsie Gonzalez.  I adored my grandmother and have so many wonderful memories of time spent with her.  She was always around while I was growing up, and I remember going down to Miami to spend long
Learn more »

What is an Elder law attorney? An Elder Law Attorney explains….When I started my own practice, like most attorneys who open their own office, I took on all sorts of cases.  I took on divorces, child custody, personal injury, adoptions, probates, wills – I did a little bit of everything because I was just starting my practice and I needed every case that walked
Learn more »

Top 10 things you need to know about Florida Nursing Home Medicaid: Your homestead is protected from creditors.  Creditors include the nursing home and Medicaid liens (not so in other states, like Ohio, that force you to sell your house if you or your dependent do not lived in it for at least 6 months, in which case, it must be sold and the proceeds of
Learn more »

“Fiscal Cliff” legislation – what does it mean to you? Last month, I discussed the tax rate changes and the estate tax exemptions under the American Taxpayer Relief Act of 2012.  You should also be aware that the payroll tax holiday will not be extended meaning that the payroll tax rates will be going back up to pre-2011 levels of 6.2% (yes, that means
Learn more »

Florida Homestead and Medicaid: What You Need to Know Florida is one of a few states that has a very broad homestead protection.  Florida’s Constitution states that a person’s homestead is protected from their creditors (this includes nursing home or other medical bills).  You hear stories about the nursing home forcing someone to sign their house over to them or forcing them to sell the
Learn more »

Medicaid and Qualified Income Trusts in Florida Applying for Medicaid benefits to pay for nursing home care in Florida can be a confusing process.  The person applying must meet certain asset and income limits.  For example, you may not have more than $2,000 in assets if you are applying for benefits.  Certain assets are considered “exempt” meaning their value does not count against the
Learn more »