Medicaid Planning

March 24, 2008

Florida Medicaid Asset Test

The Medicaid Asset Test

If you qualify under the income test or can create a Qualified Income Trust (QIT) you must still pass the Medicaid asset test. This test can be the most daunting and confusing. First, you must know the asset test limits. These vary between single and married individuals. The reason for this is so that a survivor of a Medicaid recipient is not left destitute by the spend down (more on this in a moment). The asset test level for an individual is $2,000 in countable assets and $104,000 (2008) in countable assets for a community spouse who not in a nursing home facility. For married couples, both persons must qualify under the asset test.

Second, you must understand the difference between exempt (countable) and non-exempt assets (non-countable). Exempt assets do not count towards the asset test limits and non-exempt assets do count towards the asset test limits. The following are exempt assets:

* Homestead of any value (with some limitations)

March 22, 2008

Blogging from China

by David M. Goldman

I am currently in Shanghai China for the next 5 days and then heading to Osaka and Tokyo for 3 nights each. I am planning to keep posting new issues to my blog while I am gone. In addition, I will be responding to emails and will be available over my VOIP number for calls or issues that need immediate attention. Feel free to continue to send in your questions. I wanted to apologize upfront for any additional delay in responses. Please be conscientious that it is 12 hours ahead of EST and this along with being on vacation means I will typically respond to any issues between 8AM – 12 PM EST or 8PM to -12AM my time.

March 17, 2008

Preneed Guardian Not Appointed: Court looks at Best Interest of Ward

by David M. Goldman

Miller v. Goodall, 958 So. 2d 952 (Fla. 4th DCA April 25, 2007)

A daughter filed a petition to determine her mother’s incapacity and be appointed as guardian.

The ward’s sister (daughter’s aunt) also filed a petition seeking to be appointed as plenary guardian.

March 6, 2008

Florida Long Term Care Insurance Backfires

by David M. Goldman

Many individuals have long term care insurance to help with nursing home and assisted living costs. Generally long term care insurance is considered a good investment when individuals are healthy can afford the premiums. Rarely does having long term care insurance lead to a negative result.

Things might have changed in Florida with outcome of a recent caseRosenshein v. Florida Department of Children (Fla. Ct. App., 3rd Dist., No. 3D07-989, Oct. 24, 2007). The Appeals court agreed with the state’s determination that payments received from a long-term care insurance policy are income. This income can create an ineligibility for Medicaid benefits.

What does this mean for your current long-term care policy? Should you abandon long term care insurance to help pay for nursing home costs? I don’t think so. You do need to evaluate the way in which your policy is written and how benefits are paid to avoid this type of outcome. If you would like your long-term care policy reviewed you should Contact a Florida Estate Planning Lawyer to review your policy in light of the outcome of Rosenshein v. Florida Department of Children.

February 24, 2008

Florida Hospice Refusal to Allow Visitation

by David M. Goldman

Recently we have notice that Hospice organizations are refusing to allow people to visit relatives or friends while under the care of Hospice.

In these cases, the people were turned away because someone with a Power of Attorney was able to state that the person was not wanted.

It is important to remember that a Power of Attorney or Durable Power of Attorney give an agent the right to act in certain circumstances. In Florida, a Power of Attorney does not give someone the right to make decisions regarding where they are located, who they can visit, or who they can talk to.

February 22, 2008

Terry Schiavo judge handles divorce cases

by David M. Goldman

Florida judge who presided over the Terri Schiavo case until her death, has a new assignment. He no longer judges Florida Guardianship cases. He judges divorce cases.

The Judges transfer from Florida Probate and Florida Guardianship court to family court should allow Judge Greer who is now 65 to serve the next three years in obscurity before his retirement.

Judge Greer is nationally famous and has 20 honors displayed in his chambers. The largest is the 2005 President’s Award of Merit from the Florida Bar, “for your unswerving commitment to the rule of law, the independence of the judiciary and the fundamentals of American democracy.”

February 8, 2008

Would you put your mother here?

by David M. Goldman

Fifty-four nursing homes Located 35 states including Florida are being told by the government that they’re among the worst in their states in an effort to get them to improve patient care.

The homes in question are among more than 120 designated as a “special focus facility.” CMS began using the designation about a decade ago to identify homes that merit more oversight. For these homes, states conduct inspections at six month intervals rather than annually.

For a list of the homes that performed poorly in your state continue reading Continue reading

January 22, 2008

Living Trust Mills Winding Up In Some States

by David M. Goldman

Although there are no current verdicts against Florida Companies, many states have taken action against living Trust Scams / Trust Mills / and Elder Law Planning Seminars. Michael Bonasera of Buckingham Doolittle & Burroughs, LLP and author of the The Ohio Trust & Estate Blog wrote an article titled Living Trust Scams/Trust Mills/Elderlaw Planning Seminars – STAY AWAY! where he mentions a previous posting on this Blog, Florida Estate Planning Lawyers Blog, on a similar topic dealing with a Texarkana Arkansas class action suit.

I thought I would start a list of Living Trust Scam Articles and resources on my blog.

1. Texarkana Arkansas Living Trust Seminar Class Action suit

2. California Living Trust Mill Judgment 3.Texas Bar story reported by Professor Beyer of Wills, Trusts & Estates Prof Blog– Living trust Scams and Senior Consumer

January 15, 2008

Class Action Suit Against Living Trust Sellers

by David M. Goldman

A number of Texarkana residents have filed suit against sellers of living trust documents in a class action accusing the salesmen of exploiting senior citizens. This is similar to what I reported happening in California in December.

A Plaintiff says he purchased a living trust after attending a lunch presentation at a restaurant. He states the document was misrepresented and that if he dies with only these estate-planning documents, his estate will still need to be probated because the living trust failed to factor in his real property in Arkansas.

The living trust sellers are facing allegations of “masquerading as qualified financial advisers, estate planners, lawyers, and paralegals” to “exploit and prey” upon senior citizens with the creation and selling of “unnecessary and often useless” living trusts.

January 14, 2008

Florida Prepaid Funeral Plans and Estate Planning and Elder Law

by David M. Goldman

Part of Florida Elder Law planning and Florida Estate Planning includes planning for funerals. medicare exempts prepaid funeral plans in Florida and many other states. Sam Hasler of the Indiana Civil & Business Lawyer Blog has an article about this. He has an article dealing with the these by a cash purchase and funding them by insurance policy.

Setting up a prepaid funeral trust means going to the funeral home and selecting the sort of funeral you want. Before going to the funeral home, you should read the Federal Trade Commission’s Funerals: A Consumer Guide. The FTC’s Funeral Home Rule requires a funeral home to display a price list that includes all goods and services the funeral home will provide to the buyer. The funeral trust funds whatever the buyer selects.

I know no one likes to consider Florida Wills, Florida estate planning or funerals, but not doing can leave your survivors making the choices and may leave them in the same position as the Randolph family.