Can I Keep My Pension if I Go On Medicaid?

Medicaid helps cover the costs of long-term care, nursing home costs and other medical expenses. However, Medicaid only provides coverage to people with limited income and limited countable assets.  If you receive a pension, the amount may be too high for you to qualify for Medicaid to help get the cost of nursing home care covered. Before you … [Read more...]

On Behalf of My Parent, Should I Act as Guardian or Attorney-In-Fact?

If your aging parent becomes incapacitated and needs someone to make decisions on his/her behalf, including decisions regarding medical treatments, financial issues, or living arrangements, you have a choice between serving as an attorney-in-fact (agent) if your parent has executed a valid Durable Power of Attorney (POA) appointing you as such, or … [Read more...]

Important Medicaid Numbers

    The following relevant Medicaid numbers apply as of July 2014: Divestment Penalty Divisor - $7,638.00 Income Cap - $2,163.00 Individual Resource Allowance - $2,000.00 Monthly Personal Needs Allowance - $105.00 Community Spouse Resource Allowance - $117,240.00 Minimum Monthly Maintenance Needs Allowance - … [Read more...]

Does Medicaid Pay For Long-term Care in the Home?

Medicaid provides important benefits for seniors and other individuals who are unable to care for themselves and who need long-term care. While many seniors benefit from Medicaid coverage to help pay the cost of a nursing home, there are also situations where a senior or his/her family members want to ensure that their loved one remains at home for … [Read more...]

“My dear girl, the day you see I’m getting old…”

My dear girl, the day you see I'm getting old, I ask you to please be patient, but most of all, try to understand what I'm going through. If when we talk, I repeat the same thing a thousand times, don't interrupt to say: "You said the same thing a minute ago"... Just listen, please. Try to remember the times when you were little and I would read … [Read more...]

Can’t I Just Add My Child’s Name to the Title of my House to Avoid Losing my Home to Medicaid recovery?

Estate recovery is a process in which the government tries to recover funds paid out by Medicaid for long-term care costs or other medical expenses. Medicaid is a program designed to provide medical coverage for the poor, but it has become widely used by seniors to pay for nursing home costs. After a senior dies, Medicaid recovery allows the … [Read more...]

How is My Property Transferred if I Die Intestate

Creating a will is important to ensure that you have control over where your property and your assets go upon your death. A will is a simple yet essential estate planning tool and, upon your death, the distribution of property in your will should be carried out through the probate and estate administration process. If you do not have a will, then … [Read more...]

What is the Difference Between a General and a Limited Power of Attorney

A power of attorney is a grant of authority to someone else to act on your behalf. For example, if you are selling a house and you need to be away at the time of the closing, you can grant someone power of attorney to sign the papers on your behalf during the sale. Power of attorneys have many uses, but one of the most common is to name someone to … [Read more...]

Can Probate Be Avoided?

Probate is the legal process of settling the estate of a decedent.  The probate process occurs in court.  If the decedent left a Will, the process involves proving that the Will is valid, resolving creditor claims against the estate, filing any necessary tax returns and distributing the assets to the beneficiaries according to the terms of the … [Read more...]

Should I Have a Durable Power of Attorney for Healthcare in Florida?

A Durable Power of Attorney for Healthcare can grant someone else the authority to manage your health and medical affairs and make decisions on your behalf if you become incapacitated.  A Declaration of Health Care Surrogate although named differently has the same effect. A Durable Power of Attorney can give someone the right to act on your behalf … [Read more...]