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April 2014

Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

By Elder Law, GuardianshipNo Comments

Question: Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

Answer: A foreign guardian is a guardian appointed in another state or country.  A foreign guardian may manage property located in Florida upon petitioning the Florida court for an order allowing them to manage the ward’s Florida property.   Managing the property would include any actions necessary to obtain, administer or dispose of real property, intangible property, business property, benefits and income according to §744.102 (12)(a) of the Florida Statutes.  The court may require an additional bond if the foreign bond is insufficient to cover the ward’s Florida property.

If you need assistance or information regarding a Foreign Guardianship, please contact our office for an initial consultation.

April 29, 2014
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Do You Automatically Receive Medicare Part D If Approved for Medicaid in Florida?

By Medicaid Planning, MedicareNo Comments

Q:  Do I automatically receive Medicare Part D if I am approved for Medicaid in Florida?

A:  Medicare Part D now pays for prescription drug coverage for all Medicaid recipients.  However, it is not immediate or automatic even if you are notified of Medicaid approval.  Upon approval of Medicaid, you must apply for a Medicare D plan, which will be paid for by Medicaid.  If you are moving into a facility, such as assisted living or nursing home, you should contact the facility to find out which Medicare D prescription drug plan they recommend.  For additional information and assistance, you can contact the Department of Elder Affairs SHINE program, which provides free unbiased insurance counseling to Florida seniors, caregivers, and family members regarding Medicare, Medicaid, and other health care issues.  The Elder Helpline is 1-800-96-ELDER (1-800-963-5337).

April 17, 2014
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Attorney Sean M. Byrne to Present on Conservation Law at Paralegal Association of Florida

By Firm News, Land Conservation EasementsNo Comments

Attorney Sean M. Byrne will be the guest speaker at the meeting of the Suncoast Chapter of the Paralegal Association of Florida, Inc. on the topic of land conservation law in Florida. The meeting will be held on April 14.  Byrne will present an overview of the federal and state laws governing conservation easements and identify the various financial incentives available to landowners who choose to conserve their land.  The presentation will also showcase some of the local success stories of conservation land transactions, including donations and purchases of conservation easements through Sarasota County’s Environmentally Sensitive Lands Protection Program.  Byrne represented Sarasota County in the acquisition of conservation easements across privately owned working ranches in east Sarasota County.   The presentation will give real estate lawyers options to provide landowner clients who are considering conservation as a part of their estate planning.

April 14, 2014
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Do I Need a Lawyer to Help Me with my Medicaid Application?

By Elder Law, Medicaid PlanningNo Comments

Q: When do I need an attorney or lawyer to help me with a Medicaid application?

A:  You should seek the help of a licensed attorney who is experienced in Medicaid planning to learn about your qualification for Medicaid under Florida law.  An advisory opinion has been submitted to the Florida Supreme Court that finds it constitutes the unlicensed practice of law for a nonlawyer to render legal advice regarding the implementation of Florida law to obtain Medicaid benefits.  While federal law authorizes nonlawyer assistance in the application process, it is not advisable for you to pay a nonlawyer give you legal advice about your qualification for Medicaid, to draft a personal service contract and to determine the need for, prepare, and execute a qualified income trust including gathering the information necessary to complete the trust.  Contact Babette Bach, a Florida Board Certified Elder Law Attorney, to set up an appointment to review whether you may qualify Medicaid. To learn more about the full opinion submitted by the Standing Committee on Unlicensed Practice to the Florida Supreme Court, click on this link to the Florida Bar website.

April 11, 2014
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2014 Florida ICP Medicaid Figures for Skilled Nursing Care

By Long-Term Care, Medicaid PlanningNo Comments

Question: What are the new 2014 Florida ICP Medicaid Figures for Skilled Nursing Care?

Answer: Some ICP Medicaid eligibility figures for seniors in need of long term care are tied to inflation. The Centers for Medicare and Medicaid Services just released the 2014 figures:

Single Applicant Resource Allowance: $2,000

Institutional Spouse Resource Allowance: $2,000

Maximum Community Spouse Resource Allowance: $117,240
(Note a Florida primary residence and one vehicle are exempt assets)

Minimum Monthly Maintenance Needs Allowance: $1,938.75

Maximum Monthly Maintenance Needs Allowance (this is the maximum spousal diversion allowed): $2,931

If you need legal advice for Medicare or Medicaid planning, estate planning, probate and trust administration or VA benefits, please contact our office for an initial consultation at (941) 906-1231.

April 8, 2014
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Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month

By Firm News, Health, Medicaid Planning, Veterans AffairsNo Comments

Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month.

Ms. Bach’s presentation on “The New Medicaid and VA Benefits 2014” will take place from 12:45 – 1:45pm.

LOCATION: Healthsouth Rehabilitation Hospital of Sarasota, 6400 Edgelake Drive, Sarasota, FL. 34240.
DATE: Saturday, May 3rd, 2014.
TIME: 7:30am to 4:00pm.

To register for this conference, please call: 941-921-8795 or go online: www.healthsouthsarasota.com. Deadline for registration is April 26th, 2014.

April 4, 2014
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Property Tax benefits for the surviving spouse of a 100% disabled Veteran

By Government Benefits, Tax Law, Veterans AffairsNo Comments

Question: What are the property tax benefits in Florida for the surviving spouse of a 100% disabled Veteran?

Answer:  If a Veteran dies with a rating of 100% service connected disabled, then all Florida property taxes are exempt.  This benefit carries over to the deceased Veteran’s surviving spouse.  The surviving spouse is also exempt from paying property taxes.  If the spouse wishes to move they take the tax value of the home they lived in with their Veteran spouse to their new residence!

April 4, 2014
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