People in Fort Myers often make the mistake of assuming that estate planning services and elder law services are the same things. In reality, the two are very different. Estate planning handles issues pertaining to the distribution of assets after your death and handling guardianship issues for your dependent children. Elder law handles issues that deal with Medicaid, health proxies, and power of attorney. In other words, elder law issues are those that must be attended to while you are still alive. (more…)
Emergency guardianship is an important and complicated part of elder law that can happen quickly. When a loved one experiences a medical situation that leaves them unable to make important decisions regarding their estate, they become a ward and the probate court will step in and assign an emergency guardian. The family can also petition the court to name one of them as the emergency guardian, but the process must take place quickly.
Once an emergency guardian is in place, there are many decisions that need to be made. Every family should discuss an emergency guardian situation and understand the importance of being ready for these types of crisis moments. (more…)
You went into your lawyer’s office to review the portion of your will that speaks about the guardianship of your special needs child and something did not seem right. While you are not a lawyer, you can recognize conditions in your own will that look out of place. As you review past changes, you notice elder law provisions that you do not remember and you even question the authenticity of the initials that claim to be yours. (more…)
One of the most important tools of elder law and estate planning is the will. A will is a document prepared by a legal professional that outlines, in detail, how you would like your assets and property to be distributed when you pass away. Each state has its own laws as to what is considered an acceptable will, which is why you should have your will done by a professional. (more…)
If you were to take an informal poll of the people of Fort Myers, you will find that the majority of people believe that only those with significant financial resources need estate planning services. An estate planning lawyer offers a variety of useful services to a broad range of people from all walks of life. Along with elder law issues that are important as a person ages, an estate planning lawyer can help make arrangements that would benefit almost any member of the Fort Myers community. (more…)
Medicaid will pay for home care or nursing home care if the applicant’s available, countable resources are less than $2,000. An allowance called the Community Spouse Resource Allowance is available for Medicaid applicants who are married. If Medicaid discovers an applicant has transferred property five years before trying to get Medicaid, they may be hit with a “transfer penalty” that triggers a period of time in which they are disqualified from Medicaid. However, real estate exemptions exist that do not interfere with being approved for Medicaid. (more…)
Estate planning is much more complicated than just making a will. Misconceptions about implementing estate planning often leads to mistakes that could damage your Marco Island estate. In some cases, these mistakes may not only damage your financial stability but also wreck family relationships. Here are the top four mistakes our estate planning attorneys often find when restructuring estate plans: (more…)
Long-term health care may be required if you are unable to perform daily tasks necessary to maintain your general well-being for an extended, if not permanent, period of time. Ensuring your Sanibel estate provides enough reserve finances to cover long-term health needs may require an estate plan developed by a knowledgeable estate planning attorney. (more…)
In addition to strict income guidelines determining whether nursing home patients qualify for Medicaid, penalties also involve rules governing the Medicaid look-back period. Also referred to as the “penalty period”, the Medicaid look-back period evaluates dollar amounts of assets divided by the daily private or average monthly private rate of nursing home services. For example, if the average monthly cost of nursing home care in a particular state is $4000 and the patient received $60,000 in gifts during the penalty period, then the patient will be unable to qualify for Medicaid coverage for 15 months, ($4000/$60,000 = 15 months).
Fortunately, a Bonita Springs elder lawyer has in-depth knowledge of Medicaid’s complicated eligibility rules and may be able to help you find ways to reduce or eliminate months of Medicaid ineligibility. (more…)
An elder law attorney in Naples, equipped to handle a wide variety of matters relevant to elderly people, can be a legal advocate for senior citizens and their families. In addition to issues relating to Social Security, Medicaid/Medicare, long term care planning and estate planning, elder law attorneys can also: (more…)
