Recent Blog Posts
Preparing for a Hurricane When you are Somebody’s Primary Caregiver
While hurricane season started six weeks ago, it’s the next 6-8 weeks that typically matter the most to those of us in Hillsborough County. That’s the time when we are most likely to incur a storm in our area. So, that means time is running out for those of us that...
More changes to the Florida Durable Power of Attorney Statute
Last time, I talked about some of the more relevant changes to the DPOA statute such as doing away with “springing” POA’s and how POA’s signed before the new statute is enacted (which is on 10/1/11) will be treated. Some other changes to the statute include the...
Florida’s New Durable Power of Attorney Statute
The purpose of a durable power of attorney (DPOA) is to provide the least restrictive alternative to having someone act on your behalf to make health care and financial decisions. The current DPOA statute (which can be found at Florida Statute Section 709.01 through...
It Has Been a Year Since We Filed for Aid & Attendance for My Father
By Melissa Howell It has been a year since we filed for the Aid and Attendance Pension Benefit for my Father-in-law, John. He is still comfortably situated in his assisted living apartment and receiving good health care from the staff. An important document that our...
Protect Florida’s Seniors: Tell Florida’s CMS Florida is not ready for Long Term Managed Care
I am elder law attorney, but more importantly, I am an advocate for the elderly. As we all know, the Medicaid waiver request seeks to expand the pilot project to include Florida's seniors under a long term care managed care model. Within this model, the managed care...
NO DATA … WRONG DATA … BAD DATA … DISASTER.
I am elder law attorney, but more importantly, I am an advocate for the elderly. As we all know, this waiver request seeks to expand the pilot project to include Florida’s seniors under a long term care managed care model. Within this model, the managed care...
Bank of America Says Power of Attorney Does Not Grant Access to Online Banking
When one spouse suffers from dementia, the other spouse often must take over managing the couple's finances, usually with the help of a power of attorney. But things don't always go smoothly with financial institutions. Just ask Chicago resident Eva Kripke, who has...
Your Chance to Make a Difference: Attend A Florida Public Medicaid Reform Hearing
Now that the legislature and the Governor have approved Medicaid Reform, the Florida Agency for Healthcare Administration (AHCA) must seek permission from the Center for Medicare and Medicaid Services (CMS) (the federal government) to expand the waiver program to...
Is Your Emergency Plan In Place?
I write a lot about getting your estate planning affairs in order, but do you have your financial emergency plan in order? If you have a home disaster (and there have been a lot of natural disasters lately), do you have a plan in place? Here in Florida, as hurricane...
Pet Trusts: What happens to my pets if I die?
A study published in the Journal of the American Geriatrics Society in May of 1999 demonstrated that independently living seniors that have pets tend to have better physical health and mental well-being than those that don’t. They’re more active, cope better with...
The New Florida Durable Power of Attorney statute
Among the new laws which the Florida legislature passed this session were substantial changes to the Durable Power of Attorney Statute. A durable power of attorney (DPOA) is a document in which you appoint someone to legally act on your behalf. Essentially, your...
Medicaid Diversion and Waiver programs to get new enrollees
Some good news did come out of the Florida legislative session this year – they managed to budget for 1000 new slots under the Medicaid Diversion program (which helps pay for the cost of care in assisted living facilities) and 1250 new slots for the Medicaid...
Florida Medicaid Reform Legislation – Legal Update
Many of you have seen me tweeting and posting on Facebook regarding the need to contact your legislators about the Medicaid Reform legislation that was happening this season in Florida. Luckily, for our seniors, two changes were put on hold (at least for now). The...
Legislative Update: Florida Elderly First on HMO List
By Carol Gentry 05/12/11 C Health News Florida Until now, Florida's plans to transfer Medicaid patients into managed care have focused on children and families, not the sick and frail elderly who need constant care. The assumption was that HMOs' complicated rules...
Downsizing, Organizing, Handicap Remodeling or Relocating
When Robert and Anne bought their family home thirty years ago, their plan was to live through retirement in this home. They had furnished their home with refurbished antiques acquired from their many trips together. It was one of their cherished antique coffee tables...