Law Offices of Charles F Robinson

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  Specializing in Elder Law
Florida Bar Board Certified
410 South Lincoln Avenue | Clearwater, Florida 33756-5826
Phone: 727.441.4516 |  E-mail:
ElderLaw@Charlie-Robinson.com

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Self-AnalysisWhy Hire Charlie?Documents to ProvideQuestionnaireCall Louise

 
Louise is the one you call first.  She'll help you get started and answer any questions you might have as to what happens next.

Call Louise at: 727.441.4516

Louise@charlie-robinson.com

 

  Interview with Louise

Louise has been interviewing and helping prospective clients locate the right service in and out of our office for over fifteen years. Before that she was an active community volunteer, housewife, mother of two and an elementary school teacher. Having lived in Clearwater since the 1950's, she is familiar with many community and legal services.

Before Charlie's mother went into the nursing home, Louise utilized Neighborly Senior Services. She learned first-hand how difficult it can be to discover where, how and when to get help for ailing loved ones. Later she assisted her own mother during many moves from retirement homes to assisted living facilities (ALFs). She became even more aware of problems experienced by caregivers.

In addition to assisting people who call the office, Louise was an Ombudsman for five years. As an Ombudsman, she is an advocate for clients who live in nursing homes or ALFs. As an Ombudsman, she investigated complaints and did inspections of various facilities. She participated in monthly meetings of the Ombudsman Counsel and heard reports from the government agencies that oversee nursing homes and ALFs and the programs that service them.

Louise is a tremendous resource in our office. She is always happy to assist prospective clients with their problems. You can contact her by email or on the phone.

Here is a sample of the questions from the interview process when you call us for help.

My father is in a nursing home in Orlando. Can your office in Clearwater help us with Medicaid benefits for him?
Yes, we can make Medicaid applications for anyone in a nursing home in Florida.  Medicaid is a federal program administered by the state.  Florida Medicaid rules apply to the whole state of Florida.  We file the application with our local Department of Children and Families (DCF).  Once we have approval, DCF transfers the case to the local DCF office serving your father's nursing home.

I believe that my father is already qualified for Medicaid.  Will Charlie just answer one question about one of his assets?
Charlie feels that qualifying your father for Medicaid is like assembling a big puzzle.  He has to see the whole picture before he can answer any questions.

Let me explain our procedure before you meet with Charlie.  We will send you a letter explaining our procedure and a total disclosure questionnaire that covers every type of financial and personal information about your father.  The questionnaire seems overwhelming, but you only fill out the pages of the questionnaire that apply to his situation.  Before you have your conference with Charlie, you return the completed questionnaire along with a copy of your father' s current legal documents such as his will, trusts, Durable Power of Attorney, Healthcare Surrogate and Living Will.

How can I tell if my father is already qualified?
On our web site we have Medicaid requirements for a single person and, if your father is married, Medicaid requirements for a married person. I suggest that you print out and review the qualifications as they apply to your father.

My father has income from Social Security of $1,500 and a pension of $739 a month.  Can he still qualify for Medicaid?
Your father will need a Qualified Income Trust (QIT) in order to qualify because he has income above the $2,022 income limit established by the Department of Children and Families (DCF).  Charlie will explain the QIT and the process we use to assure that it is accepted by DCF.

If your father's net income that he actually receives is less than $2,022, but there are deductions that make his gross income above the $2,022 limit, he would still need a QIT.

My father owns a home up north and a mobile home here in Florida.  Can he keep both and still qualify?
This is a good question and one that Charlie addresses often.  Real estate is treated differently by Department of Children and Families (DCF) depending on whether it is considered homestead.  Charlie will explain to you how your father may be able to keep both properties and still qualify for Medicaid.

I live near Orlando and may not be able to get to your office.  Will Charlie meet with me by telephone?
Yes, we do many of our planning conferences by telephone.  Charlie must have the completed questionnaire and existing estate planning documents before the conference. You should also keep a copy of the questionnaire so that you and Charlie can discuss all your father's options.

At the appointment time, you call Charlie.  He will be waiting for your call just like he would be waiting for your visit to our office.

 If you have anyone else you would want to be on the telephone call, we can conference up to two separate calls with our telephone system.  More than two people calling into our office would have to be set up through a telephone conference operator.

My father and I have done financial planning with his tax attorney.  How is your planning different?
Your tax attorney is concerned about IRS regulations.  We call our process asset protection planning. Charlie focuses on the rules and regulations of the Department of Children and Families.  Charlie will provide a plan of action that will protect your father's assets with an eye toward long term care in a nursing home.

What can I expect at the conference with Charlie?
The conference is scheduled for an hour and a half although it may not take that long.  Charlie will review the information on the questionnaire to be sure that he has the whole picture.  He will be looking at asset totals and asset types.  He will discuss your father's income.

There are various strategies to legally qualify your father for Medicaid.  Charlie will discuss each strategy that fits your father's situation.

What happens after the conference?
Charlie will send you a written analysis of your father's situation. Each strategy Charlie recommends to qualify your father for Medicaid is reviewed in this letter. 

These recommendations fall into three categories:
  • Things that you can do on your own.
  • Things that you could do on your own, but you choose to pay us to do.
  • Things that you cannot do on your own. You will have to pay us to do them.

What is the purpose of the second conference with Charlie?
Charlie wants you to understand the options he has described in his letter.  There are pluses and minuses to each strategy that need to be considered before you decide the best way to protect your father's assets while providing the best possible care for him.


Because DCF regulations are very different and often illogical, Charlie likens the system to what Alice encountered when she fell through the hole in Lewis Carroll's "Alice in Wonderland."
We encourage you to come to the second conference with a written list of your questions and concerns.


How much will it cost to do asset protection planning?
You will know how much our asset protection planning process will cost before you come see us.  I will quote our fee for the first conference, the written analysis letter, and the second conference during this interview process.  Charlie quotes any additional fees in his written analysis letter.  We ask that you pay the fee before we begin the work.

Floridia Board Certied Elder Law Attorney

NAELA

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