Recent Blog Posts
VA Benefits you might not know existed
Did you know that if you or a family member served in the armed services during a time of war that there may be a benefit available to help pay for nursing home care (or assisted living or other medical expenses)? A little known pension benefit payable to veterans...
Can I Get Paid to Care for an Elderly Family Member?
As the number of family members providing care for aging parents increases, the solutions to find help with loss of income because of time off from employment for caregiving has become a major concern for many. The demands on both the time and energy needed to provide...
Comparison between Florida & Ohio as it relates to estate planning, elder law
As an attorney with license to practice law in both Florida and Ohio, I find that many people I come in contact with either live in Florida and have family in Ohio or vice versa. If you or someone you know happens to fall into one of those categories, you may want to...
The benefits of using an elder law attorney for Medicaid Planning
I had a phone call today from a lady who was concerned about some “Medicaid planning” she had received through a non-elder law attorney firm. The nursing home in which her father resided had suggested she go to this firm of non-attorneys to discuss obtaining Medicaid...
What is a geriatric care manager and how could one help my family?
I am a big advocate of using geriatric care managers to help families, especially when the elder’s children live out of state or far away. A geriatric care manager (GCM) can help families cope with the challenges such as helping the family to identify problems or...
What is the difference between a living will and a DNR?
A DNR order is not the same as a living will. A DNR is an order signed by a doctor which indicates that the patient should not be resuscitated. This has to be signed by both the doctor and the patient (or their healthcare surrogate, healthcare proxy or court...
Florida Guardianship: What is the Role of Guardian?
Guardianship is a very serious matter. A Florida guardian is expected to report to the court on an annual basis regarding how the Ward is being cared for, where the Ward is being cared for and the guardian is expected to provide an accounting to the court regarding...
Florida Guardianship: Who may be appointed as guardian?
Who may be appointed as guardian? Florida statutes state that any resident of the state who is sui juris (legally competent) and 18 years of age or older may act as a guardian of the ward. Non-residents may also serve as guardian as long as they are related by...
Why is a Guardianship Necessary?
Why is a guardianship necessary? A guardianship is a legal proceeding whereby an individual (the “ward) is determined to be incapacitated, their rights are taken away, and a guardian is appointed to take care of the ward and exercise the legal rights of the ward. ...
Florida Guardianship: How does the state determine “incapacitation”?
How is someone found to be incapacitated? Any person can file a petition with the court stating that they believe an individual to be incapacitated. The court then appoints an examining committee of three people to evaluate the individual and render an opinion of...
How Do I appoint a Legal Guardian for my child?
I frequently get phone calls from parents with minor children asking about how they can appoint someone as the legal guardian over their child should something happen to them. The answer is pretty simple – you can sign a legal document designating an individual (or...
Florida Lawmakers Put Elderly on “Wait List”
Medicaid Managed Care in Florida A recent article published by the News Service of Florida points out that new Florida legislation enacted to "improve" care for seniors, will actually lead to more of the same...a wait list for the elderly in Florida. The Medicaid...
Are there Court Costs for all involved in the same estate planning case?
The court costs are separate from attorney's fees. Whomever opened the estate (usually the person wanting to be the personal representative) was the person who paid the filing fee to the clerk of court. However, if the estate planning case is contested and each person...
How can I protect my inheritance from creditors?
In order to fully answer this question, more facts are necessary. Did you receive a cash inheritance and pay off the mortgage on your home? Do you currently have creditors or are there any in the foreseeable future (i.e., possible lawsuits that you know may be filed...
Social Support Activities Lead to Better Quality of Life As One Ages
How important is social support as a person ages? This may seem like an easy question to answer. Most people would not choose isolation and loneliness versus spending time with companions. However, can lack of social support really hinder a person’s overall quality of...