William A. Johnson, P.A.Experienced Elder Law And Estate Planning Legal Services In Florida2024-03-18T11:01:05Zhttps://www.floridaelderlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1402308/2021/10/cropped-favicon-32x32.pngOn Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=486452024-01-16T20:34:27Z2024-01-19T20:34:19Z1. Medicaid will only pay for nursing home care
You may have heard that Medicaid will only pay for care in a nursing home setting. In fact, Medicaid also covers long-term care services delivered in the home or community for those who qualify.
2. You have to spend down all your assets to qualify
Another misconception is that you have to spend down all your assets before qualifying for Medicaid long-term care coverage. Medicaid does have asset limits, but there are options such as spousal impoverishment provisions and income-only trusts that can help married couples preserve some assets.
3. You can simply gift away assets before applying
Some think they can gift or transfer assets before applying for Medicaid to meet the program's asset limits. However, Medicaid has a 5-year look-back period during which gifting assets can disqualify you from Medicaid coverage for a certain period.
Getting accurate information is critical when planning for potential long-term care needs and considering options such as Medicaid. The more you understand the truth behind these common misconceptions, the easier it is to complete your long-term care planning and ensure that you have the resources to meet your future needs.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=486432023-11-22T03:06:03Z2023-11-22T03:06:03ZFinancial stress
One of the immediate consequences of probate litigation is the financial strain it places on the beneficiaries. The legal battles, court fees and associated costs can quickly erode the assets intended for heirs. As the dispute drags on, the estate's value may diminish, leaving beneficiaries with fewer resources than anticipated.
Strained relationships
Beyond the financial repercussions, probate litigation can strain relationships among family members. Disputes over inheritance are often emotionally charged, leading to long-lasting rifts between siblings, parents and other relatives. The emotional toll of probate litigation can be particularly damaging, creating lasting scars on family dynamics.
Delayed asset distribution
Probate litigation is notorious for causing delays in the distribution of assets. As legal battles unfold, the distribution process grinds to a halt, leaving beneficiaries in limbo. The prolonged uncertainty can impede their ability to plan for the future and create additional stress during an already challenging time.
Loss of privacy
Probate proceedings are a matter of public record. When disputes arise, they become accessible to anyone. This loss of privacy can be disconcerting for many families who prefer to keep their affairs private.
With nearly 58,000 probate cases filed in Florida in 2020, it is important to understand the nature of probate litigation and its effect on the process. Navigating probate’s complexities carefully can help you preserve the integrity of the estate and your family relationships.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=486412023-09-25T16:34:46Z2023-09-25T16:34:46ZNavigating the complexities of Medicaid
According to Medicaid, there are 86,783,676 people enrolled as of May 2023. The government designed this program to provide healthcare assistance to low-income individuals and families. Professional advice helps individuals to understand eligibility criteria and available benefits.
Preserving financial stability
One key aspect of Medicaid planning is safeguarding one's financial stability. Professionals can help an individual get necessary healthcare coverage while protecting assets.
Avoiding costly mistakes
Missteps in Medicaid planning can have severe financial consequences. Potential pitfalls and errors could lead to substantial out-of-pocket expenses. Advice from a knowledgeable source can help people avoid mistakes that could cost them money.
Ensuring access to quality care
Effective Medicaid planning can help guarantee that individuals have the means to receive the care they require. By consulting a professional, individuals can take steps to get these essential medical services.
Adapting to changing circumstances
Consulting a professional in Medicaid planning ensures that individuals can handle any changes that may arise in the future. This proactive approach allows for greater flexibility and adaptability in the face of evolving healthcare needs.
Providing peace of mind
Discussing Medicaid planning with a knowledgeable source provides peace of mind for both individuals and their families. Knowing that a solid plan is in place to address potential healthcare costs offers a sense of security and relief.
Navigating the complexities of Medicaid can be challenging, and professional advice will be helpful. By taking proactive steps and making informed decisions, individuals can approach their future with confidence and peace of mind.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=486392023-07-27T00:26:52Z2023-07-27T00:26:52Zbenefits to select.
1. Medical benefits
Healthcare benefits are one of the more well-known veterans receive. They offer regular checkups, diagnostics and immunizations. Some also provide emergency care, surgeries, health education and more. Eligible individuals may receive assistance with assisted living services or mental health programs.
2. Disability compensation
Veterans who received an honorable discharge from the service and received their disability from their service or who had their disability exacerbated from their service can submit a claim for compensation. The VA may require these individuals to visit a VA doctor before approving the claim.
3. Home loan
Veterans are eligible for special lending options when buying a home. This program offers better debt-to-income requirements, lower interest rates, more lenient credit scores and lower closing costs.
4. Education
As a veteran, your education benefits can also extend to your family members. This program helps military members transition back into the workforce. It can pay for training programs, vocational education or college.
5. Pension
With pension benefits, a veteran receives monthly payments to help with expenses. There are specific qualifying factors, some of which include service record, age and disability status. Certain family members could receive a pension after the veteran passes away.
As a veteran, you deserve the thanks and appreciation of a grateful nation. Take advantage of the benefits you earned through your service.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=486372023-06-01T00:29:13Z2023-06-01T00:29:13ZMedicaid's quality of care
Some people falsely believe that Medicaid provides lower-quality medical care. However, Medicaid covers a comprehensive range of services, including prescription medications, preventative care and mental health treatment. Through its network, Medicaid ensures that recipients have access to healthcare professionals, including specialists. People with chronic health conditions can use Medicaid to cover expenses associated with nursing home stays, medical equipment, ongoing therapy and home-based care.
Eligibility for Medicaid
Many people who can apply for Medicaid do not realize they are eligible. The Medicaid program in Florida covers people from vulnerable groups with limited resources. Medicaid coverage can assist people who are blind or live with disabilities. Additionally, people over 65 in age might be eligible for Medicaid coverage to help with long-term care costs. Pregnant women and parents of minor children should also look into applying for Medicaid.
Medicaid application process
While some may find the Medicaid application process daunting, it has become more accessible in recent years. Online portals have simplified the application process, making it more convenient for individuals to apply for Medicaid. Furthermore, there are community organizations and healthcare providers who can offer assistance to those seeking coverage. These resources aim to support applicants throughout the application process and ensure eligible individuals can access the healthcare coverage they need.
Despite the many misconceptions surrounding Medicaid, it is a valuable program that can help people in need of healthcare coverage.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=484772023-04-03T20:43:54Z2023-04-03T20:43:54ZWhen there is a birth in the family
Welcoming a new baby to the family is a huge reason to update your estate plan. For example, you might want to make provisions regarding:
Who will gain custody of your child if you pass away
Which assets you want your child to receive upon your death
Whether you want to establish a savings account for the child
Even if you are not the parent or guardian but instead a close family relative, you may wish to update your plan to establish, for example, a trust fund for the new child.
When there is a death in the family
If someone passed away who was one of your beneficiaries, you will want to remove them from your will and consider naming someone else. In addition, any time there is a major event in the family, it is a good idea to go over your estate plan in general and update any other items, even if not related to the event.
It is important to keep your estate plan up to date, especially after these life events.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=484752023-01-24T19:11:37Z2023-01-26T19:11:23ZMedicaid eligibility requirements
In Florida, Medicaid covers people with lower incomes who meet certain requirements. Income requirements differ depending on household size. For example, a single person with a household of one must have a household income below $18,075 before taxes to qualify for Medicaid. People who are blind or pregnant are Medicaid eligible, as are the following groups:
Parents and guardians of minor children
People over age 65
People with disabilities or disabled household members
Additionally, to qualify for Medicaid coverage in Florida, a person must be a legal resident of the United States and the state of Florida. Citizens, legal aliens and permanent residents can all receive Medicaid.
Benefits of Medicaid coverage
Medicaid covers a range of services, including in-patient and out-patient hospital care, as well as physician visits. In addition, Medicaid pays for essential laboratory testing and X-Rays. People with Medicaid can also use it to afford long-term care. Medicaid coverage also includes expenses associated with nursing facilities and home health assistance. People who are creating long-term care plans should consider Medicaid as a possible option and examine eligibility requirements.
Medicaid can help populations in need gain access to health care. In Florida, you must have a low income and meet additional requirements to be eligible for Medicaid coverage.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=484662022-11-21T21:19:23Z2022-11-29T21:18:16ZWhat are home- and community-based services?
Home- and community-based services provide in-home assistance with healthcare and everyday living activities. HCBS care may allow you or your loved one to stay home instead of moving to an assisted living facility. HCBS services often include home health care, personal care assistance, caregiver training and hospice care.
Benefits of HCBS
Home- and community-based services may serve as an ideal alternative for care. Consider these benefits of HCBS.
Costs less than residential care
The patient remains comfortably at home
More independence and control over care
Increased one-on-one attention from caregivers
Family can act as caregivers
Drawbacks of HCBS
After reading about the benefits of HCBS, you may feel that it is the best option. However, consider these potential drawbacks before making a decision.
Could require expensive home modifications to remain at home
Fewer opportunities for socialization
Higher possibility of caregiver burnout
There may be an HCBS waitlist in place
There are many benefits and drawbacks of HCBS. Discuss them with your family circle as you work on Medicaid planning to prepare the way for future care.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=484632022-09-29T21:52:28Z2022-09-29T21:52:28ZHow can financial abuse occur in nursing homes?
Unfortunately, family members may be the most likely individuals to attempt fraud against an elderly person. They may feel that living in a nursing home means that their target is mentally and physically powerless to recognize the intent behind their actions. Fraudsters might also believe that they can visit their target in the nursing home without other family members noticing. Be aware that nurses, caregivers, and other professionals that your family member might trust can also try to take advantage of their finances.
How can you protect an elderly family member from financial abuse?
The Consumer Financial Protection Bureau provides a guide on how you can take action against elder financial abuse. Start by learning how to recognize when a malicious individual is trying to steal from or overcharge your aging family member. If this behavior does take place, report it to Adult Protective Services.
Elder abuse comes in many forms, and all of them can be equally harmful. Learning about financial abuse is a great first step in protecting your family member from fraudsters who seek to benefit from the worsening condition of a vulnerable older adult.]]>On Behalf of William A. Johnson, P.A.https://www.floridaelderlaw.net/?p=484542022-07-31T01:36:31Z2022-07-31T01:36:31ZSales and gifts
One of the more straightforward ways to transfer property is through a sale. An owner can legally sell their property to a relative or child. They can also choose to gift it, although gifting sometimes leaves the recipient open to tax liabilities.
Transfer on death and payable on death
In Florida, it is possible to transfer monetary possessions such as bank and investment accounts using either a transfer on death form or a payable on death stipulation. A person cannot transfer real property such as houses or land this way.
Trusts
Trusts are probably the most common and iron-clad ways to transfer property. In this case, the trust owns the property. Then the trust transfers to the beneficiaries when you pass. This works for monetary assets as well as real property.
To avoid conflict, tax implications and court costs, many Florida residents are choosing to use one of these options rather than a standard will. It is extremely important to know all of the avenues when deciding how to transfer property.]]>