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Elder care attorney Sarasota

Care Planning Part 2

By Long-Term Care

While typical estate planning includes planning for incapacity during one’s lifetime as well as distribution of one’s assets upon their passing, Elder Law attorneys have an added focus of planning with long-term care in mind. If and when long term care becomes necessary, your end of life planning documents allow those you trust most to ensure you are cared for in a manner that comports with your wishes. Adding certain provisions to existing planning documents can enable those trusted persons to pursue additional planning strategies if and when the time comes for a senior to utilize long-term care. When the time comes for Medicaid pension planning, it is critical that the agent have the authority to take specific actions on behalf of the elderly person, such as establishing and funding an irrevocable trust, filing a Medicaid application, or preparing a VA pension application. The grant of authority must be clearly stated within the documents. Having clients in our office before they are in need of immediate long-term care allows our attorneys to successfully assist our clients in the most effective manner possible.

If you have further questions, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

Understanding the Parts of Medicare: Medicare Part D

By Medicare

Medicare part D provides outpatient prescription drug coverage. This part of Medicare is optional and is offered through private companies, which are certified by centers for Medicare/Medicaid services each year. If you want Medicare Part D coverage, you can either apply for a stand-alone plan or, if you have Medicare Part C coverage, you can get your Part D coverage through a Medicare Advantage Plan. Medicare.gov has an excellent program to assist you in choosing the best plan given your geographic location and your current prescriptions.

 

Losing Capacity

By Asset Protection Planning, Estate Planning, Guardianship

It is important that while competent you decide who will make personal decisions and who will make financial decisions on your behalf should you lose capacity. Consulting with an attorney regarding your choice of agent or fiduciary will help ensure that your wishes are followed. If a person has not made these decisions and consulted with an attorney, a legal guardianship proceeding may be commenced to appoint an individual who will make decisions on a person’s behalf if the person is incapacitated.

For help regarding these matters, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

Babette Bach to speak at the Friendship Center on: “How Would A Disability Upset Your Retirement Financial Planning?”

By Asset Protection Planning, Firm News

Babette Bach will be speaking at the Friendship Center, 1888 Brother Geenen Way, event at 2:00pm on Wednesday, May 17th, 2017.  The topic is “How Would A Disability Upset Your Retirement Financial Planning?”. In this hour long program Babette will discuss the necessity to plan for disability and guardianship avoidance. Additionally, she will discuss recent legislation regarding living wills and trends in other states towards compassion choice. For more information on this event, please go to: www.friendshipcenterforagingstudies.org. and click the following link to see the flyer for this event: fcas-may-2017-bach-wright

Babette Bach Esq. Will Be a Guest Speaker at Event on March 31st, 2017

By Firm News, Health

Attorney Babette Bach, Esq. will be a keynote speaker at an event at JFCS of the Suncoast entitled “A Legal & Financial Presentation & Discussion with The Alzheimer’s Association & Babette Bach, Esq”. This event will take place on March 31st, 2017 from 10:30am to 12:00pm and is presented by the Alzheimer’s Support & Education Network. Please see the event flyer and call 941-364-7508 for more information.

caregiver-education-march-2017

 

 

Big Improvements Coming To Florida’s Medicaid Long-Term Care Program

By Long-Term Care, Medicaid Planning

I’m thrilled to report a landmark settlement which will improve the quality and quantity of home care services for Medicaid enrollees receiving home and community based services. Congratulations to attorney Nancy Wright of Gainesville, Florida (lead Counsel), Disability Rights Florida and Southern Legal Counsel.

Under the Settlement Agreement, health plans that administer Medicaid long-term care services will be “required to provide an array of home and community-based services that enable enrollees to live in the community and to avoid institutionalization”.

The Settlement Agreement also states, among other things, that AHCA will:

  • Adopt rules that set out requirements for coverage of long-term care services
  • Require a new assessment procedure that takes into account the availability, willingness and ability of voluntary caregivers.
  • Amend their contract with health plans to ensure compliance with these rules
  • Require changes to health plan member handbooks to clarify enrollee rights and how to file consumer complaints
  • Train (or re-train) health plans, hearing officers, AHCA staff and others on the new requirements
  • Monitor case managers on how assessments are being done
  • Use enrollee surveys that ask about sufficiency of services

The agreement impacts all six health plans now operating in Florida to provide Medicaid services through the Long-Term Care Program: Coventry/Aetna, Humana, Sunshine Health, Molina, United Healthcare and Amerigroup.

Should you have any questions regarding this topic or any other Medicaid related enquiry, please contact our office on 941-906-1231 to schedule an appointment to meet with one of our attorneys.

Estate Planning Documents Everyone Needs To Have

By Estate Planning

Attorney Babette Bach Esq. is looking forward to speaking on the topic of “Estate Planning Documents Everyone Needs To Have” at The Glenridge on Palmer Ranch, 7333 Scotland Way, Sarasota, FL 34238 on Thursday, January 26th, 2017 at 1pm. Please call Dr. Smith at The Glenridge on 941-552-5369 for more information on this event.

If you have further questions on this topic or wish to discuss having your estate planning documents drafted, please contact our office at (941) 906-1231 to schedule an appointment to meet with one of our attorneys.

 

How Does Remarriage Affect Estate Planning?

By Estate Planning

As our society has increasingly high divorce and remarriage rates, more individuals are faced with the task of updating or revising their Estate Planning documents to account for their change in partner. However, remarriage can make Estate Planning quite complicated, especially if each or either spouse has children by a previous partner.

The first step in updating your estate plan if you plan on getting remarried is to review yours and have your current partner review theirs. If you both decide that you would like to continue to keep your assets separate and leave everything to your respective children, then you will need to contractually agree to this by entering into a prenuptial agreement or “prenup”. At this time you may want to amend your advance health care directives and medical release forms as well.

If you have further inquiries, the skilled attorneys at Bach & Jacobs can assist you with Estate Planning. Please call our office at 941-906-1231 to schedule an appointment.

Florida’s Medicaid Penalty Factor to Increase Effective June 1, 2016 by Babette B. Bach, Esquire, Sarasota, Florida

By Elder Law, Estate Planning, Medicaid Planning

As of June 1, 2016 the Department of Children and Families has amended their Medicaid rules to increase the penalty divisor for uncompensated transfers (i.e. gifting) from $8,346 to $8,662. This new penalty divisor reflects the estimated monthly average cost of skilled nursing home care in the state of Florida. Any transfer for less than fair market value made within 60 months (5 years) of applying for Medicaid will be subject to a penalty. For example, if someone gifted $86,620 within the 60 months, it would result in 10 months of ineligibility for Medicaid.
Anyone who anticipates needing to apply for Medicaid for skilled nursing home care costs should avoid gifting and should not gift without consulting with a board certified elder law attorney. It may be possible to avoid this penalty with good planning.
Contact our office to schedule an initial consultation for any of your Medicaid Planning, Estate Planning, or Veterans Benefits needs.

Babette B. Bach, Esquire, Board Certified Elder Law
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com