Charlie Robinson Florida Elder Law Attorney




410 South Lincoln Avenue
Clearwater, Florida 33756-5826
Phone: 727.441.4516 Fax: 727.447.7578
E-mail:
elderlaw@charlie-robinson.com
 
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What's New?

Crisis Times Require Crisis Planning

In these economic times you have to do everything you can to protect every dollar you have left.  When a loved one develops chronic illness such as Alzheimer’s, Parkinson’s, or stroke, the emotional and financial costs to the individual and family can be catastrophic. Qualifying for Medicaid, VA and other government benefits becomes necessary when middle class families face nursing home bills from $6,000-10,000 plus per month. My office helps families stricken with chronic illness and disabilities manage situations considered unmanageable.

We have to think more strategically in order to work through the crisis to make the very best use of our assets and find additional resources to help defray the long term care costs. VA benefits for veterans and surviving spouses of deceased veterans can be financial lifesavers where appropriate. Most veterans and surviving spouses of deceased veterans are totally unaware of benefits available, particularly pension. We can integrate our planning for immediate VA benefits followed by Medicaid when needed. Careful planning allows the family to develop and maintain a sense of direction so that we can manage our way through difficult times rather than worry our way through them.

For many years I have welcomed the opportunity to help families deal effectively with the potentially devastating loss that comes with disability and chronic illness by turning that loss potential into an effective plan for the best care possible, peace of mind and protection of their hard-earned life savings. Even with recent law changes we are most often able to save nearly all assets for a married person and at least half for a single person. I look forward to the opportunity to continue this work with you.

DRA Medicaid Changes

The Deficit Reduction Act of 2005 (DRA) brought with it the biggest Medicaid rule changes in 14 years. Even with these changes, we are still able to protect nearly all life savings for a caregiver spouse and more than half for a single person.

The DRA rules have a profound negative effect on estate planning, particularly gifting. The Medicaid look back rules now include all gifts including those to church, charity and family.

Whenever one door closes another door opens. Even though our assisted living facility Medicaid programs have lost all funding, there is still hope for Veterans and surviving spouses of deceased Veterans. Most eligible Veterans and their families are completely unaware of the availability of VA benefits. Often these benefits allow an eligible person to afford needed care at home or at an assisted living facility.

Acute illness such as cancer or heart disease is pretty well covered by Medicare and a good supplement. Chronic illness like stroke or Alzheimer’s disease gets a maximum of 100 days of coverage if you are able to wangle at least three days in the hospital and a medical determination that you need skilled or rehabilitative care. Nearly half of nursing home patients go directly from home to nursing home and end up with no nursing home Medicare coverage at all. Without asset protection planning, sufficient income to pay privately, long term care insurance, or some kind of government benefits, a nursing home patient will go broke at the rate of $6,000-$10,000 per month. Even worse, the patient faces the possibility of running out of assets and still not being qualified for Medicaid assistance.

If you want to know more about Florida’s new Medicaid rules or Veterans benefits, please call my office. I will be happy to send you my latest article on DRA, talk to you or any group you believe might benefit from this information.

 

Department of Veterans Affairs Accredited Attorney

Charlie is an accredited attorney for the preparation, presentation, and prosecution of claims for veterans benefits.

VA disability pension is a benefit paid to wartime veterans who have limited or no income, and who are 65 or older, or, if under 65, who are permanently and totally disabled due to non-service connected conditions. VA disability pension is unlike traditional pensions which are based on years of employment or service with a company or organization. Veterans who are more seriously disabled may qualify for increased benefits based on Aid and Attendance or being housebound.

Widows/widowers and dependent children may also qualify for death pension benefits, which is a needs based benefit paid to an unremarried surviving spouse, or an unmarried child of a deceased wartime veteran.

 

Department of Elder Affairs Advisory Council

Because of his expertise, experience and success in the area of elder law, Florida Governor Crist has appointed Charlie to a 2 year term on the Department of Elder Affairs (DOEA) Advisory Council.

 The council serves in an advisory capacity to the Secretary of DOEA in assisting him with carrying out the purposes, duties, and responsibilities of DOEA, as specified in Section 430.05, Florida Statutes. The council makes recommendations to the Secretary of the DOEA, the Governor, the Speaker of the House of Representatives, and the President of the Senate regarding organizational issues and additions or reductions in the department's duties and responsibilities. The advisory council is an independent nonpartisan body, not subject to control, supervision, or direction by DOEA.

 The advisory council is composed of one member appointed by the Governor from each of the state's planning and service areas, which are designated in accordance with the Older Americans Act, two additional members appointed by the Governor (at-large), two members appointed by the President of the Senate, and two members appointed by the Speaker of the House of Representatives.  The council meets quarterly.

 

Super Lawyer

Charlie was named a Super Lawyer in the area of Elder Law in the 2008 and 2009 Florida Super Lawyers and Florida Trend's 2008 and 2009 Florida Legal Elite.

 

January 1, 2009 -  December 31, 2009
  • Monthly gross income limit $2,022 for Medicaid applicant.
  • Available asset limit of $109,560 for community spouse.
  • Medicare Part B premium of $96.40 deducted from Social Security check each month.
  • Monthly Minimum Maintenance Income Allowance (MMMIA) maximum is $2,739.
July 1, 2009 - June 30, 2010
  • Monthly Minimum Maintenance Income Allowance (MMMIA) minimum is $1,822
  • Excess shelter cost is $547

Medicare Part D

Click here for written information

 

Update health care documents to comply with HIPAA

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides the first-ever federal privacy standards to protect patients’ medical records and other health information.  As of April 14, 2003, health insurance plans, pharmacies, doctors, hospitals, and other covered entities must have established policies and procedures that protect the confidentiality of health information about their patients. Read more...

Florida living will and health care surrogate

 

How much will the nursing home cost?

Not sure how to proceed? Print our Asset Protection Questionnaire,
fill out, and call Louise for an appointment.

NEWS ITEMS
Title

 Who Sent Me This? Klez spoofing more than just annoying

 Coverage Authorized for Treatment of Alzheimer’s Disease

 How Long Term Care Insurance is viewed by DCF

 Department of Children & Families Policy Change

 An Inspirational Story

 Common Mistakes in Florida Medicaid Asset Protection Planning

 Medicaid and a Private Room

 DCF & Income Trust Decisions

 Report Changes in Circumstances - You Have 10 Days!

 

 

 

All contents © 2006 The Law Offices of Charles F. Robinson