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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.
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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.
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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.
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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.
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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.
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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
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Medicare
Part D
Click here
for written information
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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.
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