Issues to Consider if Medicaid is Part of your Future Care Plan

Issues to Consider if Medicaid is Part of your Future Care Plan

 Many Americans rely on Medicaid, the federal health care program that provides health insurance and other benefits to low income and disabled individuals, to fund part or all of their long term care needs. For these individuals, Medicaid planning is an important part of estate planning. If you are considering using Medicaid to fund your long term care, discuss your plan with your estate planning lawyer. He or she can help you determine if you qualify for Medicaid and educate you about the facts of using Medicaid to fund your care.

 Are you Eligible for Medicaid?

First and foremost, you need to determine if you are even eligible to receive Medicaid coverage. The Florida Department of Children and Families determines an individual’s Medicaid eligibility by examining his or her assets and income. In Florida, an individual’s monthly gross income must be $2,205 or less and he or she must own less than $2,000 worth of assets as a single person or $120,900 jointly with a healthy spouse in order to qualify for Medicaid.

 Protecting your Assets As you Plan for your Future

 Any estate plan should be created to protect the individual’s assets from excessive taxes and penalties. If your assets render you ineligible for Medicaid coverage, work with your lawyer to determine your alternative options. You might opt to purchase an annuity, which converts existing funds to a monthly income source for your spouse who does not receive Medicaid, as a way to keep your money without it disqualifying you from receiving Medicaid coverage for your long term care. Another option is to provide monetary gifts to loved ones, which are not subject to gift taxes as long as you give less than $14,000 per year this way.

 

Separate the Medicaid Myths from the Facts

Your lawyer can break down any misconceptions you have about Medicaid, such as the myth that it is only for individuals who have no assets. You certainly can qualify for Medicaid if you have assets, and certain assets are not considered when determining your eligibility.

Many individuals also wrongly assume that it is possible to become eligible for Medicaid by transferring one’s assets to his or her loved ones. Although asset transfers can potentially be part of a long-term estate plan, they need to be utilized carefully. When an individual applies for Medicaid coverage, Medicaid representatives examine all of the transactions the individual made in the past five years. If certain assets were transferred without the individual receiving fair compensation, he or she could face penalties.

 Work with an Experienced Winter Park Medicaid Planning Lawyer

For help with any aspect of estate planning, whether you are eligible for Medicaid or not, work with an experienced Winter Park estate planning lawyer who can be your advocate through the process. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation in our office, during which we can answer any questions you have and determine any issues that you need to resolve before you move forward in the estate planning process.

 http://www.myflfamilies.com/service-programs/access-florida-food-medical-assistance-cash/medicaid

http://longtermcare.gov/medicare-medicaid-more/medicaid/medicaid-eligibility/financial-requirements-assets/

 

Brain Gym - Excercise Your Mind

My mother works the Sudoku puzzel every day. Many people work on crossword puzzels, or brain teasers daily. These activities help keep the mind working and can (according to research) stall or prevent alzheimers, dementia and other brain lag that typically occurs with aging.

http://www.kenneymyers.com/blog/24-blogs-with-things-you-can-do-to-keep-your-brain-sharp-as-you-age/

Somebody asked that I put this link in my blog, and I trust you will enjoy the link.

Call me when you have legal questions at 407-645-3297, especially those questions related to Collaborative Divorce, Elder Law, Family Law, Guardianships and HAMP tier I and Tier II Mortgage Modifications.

Or visit my website at www.aubreylaw.com

Legislators Vote Against Seniors

When the U.S. Government provides a program funding care for seniors, states should accept the money and care for seniors. Begun in 2005 under President George W. Bush, the "Money Follows the Person" was designed to allow seniors in nursing homes to transfer home and still receive some level of care through continued Medicaid Funding.

The cost of nursing home care averages more than $5,000 per month; seniors' cost of care is Very Expensive.

BUT, how much more expensive is it to care for seniors in their own home rather than in a nursing home? NOT you might answer. Many seniors could remain in their home or return to their home, but for lack of funding. Medicaid will pay for the nursing home care, but it is very difficult to gain the same level of care at home without Medicaid assistance.

On June 24 this year, the Florida Legislative Budget Commission voted to REJECT $35.7 Million to fund care for seniors in their home. As Florida has one of the Highest Per Capita Populations of Seniors, you would think the Legislature would accept money from a program set up by President George W. Bush. Not so in today's political landscape. The Budget Committee voted to reject the federal money as "duplicative" of state programs and funding. Representatives Ed Hooper, Mike Horner, Matt Hudson, Don Gaetz, Garrett Richter, Stephen Wise, Rob Shenk and Denile Grimsley, all Republicans, voted AGAINST acceptance of the federal money.

When you are trying to find care for your senior adult, it is imperative that all resources be counted to see if they qualify for Medicaid. Unfortunately, "all sources of income" are NOT counted, or even accepted, by the state when they seek to balance the budget.

If you have a senior in need of nursing home care, selecting the right attorney practicing in Elder Law can be challenging. Please call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to speaking with you.

Change to Social Security Hours

In case you missed it, the Social Security Administration announced a change effective August 15 of this year. The announcement will no doubt affect services provided by attorneys as well as the Social Security Office. If your Elder Law Attorney or Family Law Attorney must deal with Social Security Issues as well, this is Not a welcome change. The announcement follows:

Effective August 15, 2011, Social Security field offices nationwide will close to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9 a.m. to 4 p.m. will close daily at 3:30 p.m.

“While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees,” said Michael J. Astrue, Commissioner of Social Security. “Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past.”

Most Social Security services do not require a visit to an office. For example, anyone wishing to apply for benefits, sign up for direct deposit, replace a Medicare card, obtain a proof of income letter or inform us of a change of address or telephone number may do so at http://www.socialsecurity.gov/ or by dialing our toll-free number: 1-800-772-1213 (TTY 1-800-325-0778).

In Elder Law, Family Law and Divorce, many people have to discuss how to allocate Social Security Benefits paid to children or dependents. Sometimes these are the only assets or income for the family. If you need help, Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to hearing from you. Aubrey

Guardianship, Conservatorship and Rights

The Orange County Bar Association, Solo and Small Firm Committee met in Orlando today to discuss Basic Guardianships. I always enjoy a refresher course, so I attended. Wow! OK, so I knew most of this, but its nice to meet other attorneys for lunch and have an excuse to add a refresher to my Blog.

In Florida, any adult can file a Petition to Determine Incapacity against any other adult. This is coupled with a Petition to Appoint Guardian so the Alleged Incapacitated Person, or Proposed Ward, can be protected. But Protected from what?

As we age, our brains may not function correctly in all instances. Sometimes, Alzheimers, Dememtia, stroke or other disease may render one incapable of understanding the dangers of everyday living. When a person is incapacitated so they are a danger to themselves, the court can step in and remove some of their rights in order to protect them from self-inflicted harm. The harm may be physical in nature, or financial.

Many people try to take advantage of these normal aging processes and financially exploit seniors. Sometimes even family is guilty of exploitation. In fact, Many times the person being exploited is a close relation to the abuser. Financial exploitation IS ABUSE!

Once the Petition is filed, the court appoints a 3-person committee to evaluated the "Proposed Ward," or "Allegedly Incapacitate Person" to determine whether the AIP is competent to make life decisions. The 3 person "Examining Committee" includes two doctors and one layperson with experience in Elder Affairs. Llife decisions that may be impaired by the court include such major decisions as voting, marriage, living arrangements, donations to religious organizations, medications, surgeries. No less important are decisions involving who may visit the ward or where the ward may travel with visitors.

The Court also appoints an Attorney Ad Litem to represent the AIP or Proposed Ward. Sometimes the AIP has a longstanding relationship with an attorney who will represent him in the proceedings. Either way, the Proposed Ward is protected so that rights are only removed to the most limited extent necessary to protect the Ward. Often the Proposed Ward will have completed a Durable Power of Attorney that obviates the need of a Guardianship proceeding; a Preneed Guardianship is also available to help lower the cost of eventual Guardianship Proceedings.

If you have a Power of Attorney, it must be Durable in order to continue operation once a person is found to be incapacitated or what we think of as incompetent. If you thought everything was honky dorey, then watch out! Powers of Attorney come in many shapes and sizes and can even be purchased at Home Depot, Lowes, OfficeMax, Target and Walmart. They are NOT all the same. They are Legal Documents that include required formalities in the signing. I have had more than one client who brought a "Durable Power of Attorney" that was improper and ineffective. People have signed in the wrong space, forgotten to notarize signatures, "checked" the wrong box, and even paid an attorney for a "Durable" power of attorney which expired at incapacity. Please seek help in evaluating your needs.

If you have read this far, you may wonder what all these protections cost. A Durable Power of Attorney is certainly the least expensive.
Guardianships may cost between $1,500 minimum and several tens of thousands when competing interests are active in contesting the Guardianship. The filing fees alone are more than $600. Payment for the Examining Committee (between $850 and $1,500) and Attorney Ad Litem (between $500 and $5,000) make the process appear expensive to some. When you consider that a person is potentially losing their rights as a citizen, you may better understand the expense. Obviously your selection of an attorney is one critical factor in controlling these costs and making the necessary legal filings as efficient as possible.

When you have questions about the competence of your parents or elderly neighbors, Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to hearing from you.

When do you Call a Lawyer?

The time is NOW! If you are wondering whether or not to call a lawyer, an attorney or as I prefer, Counselor at Law, then you should call. We are here to answer your questions.

Many people will ask their friends, family, and even strangers on the street what they think of a problem.

Lawyers are trained to answer questions of a legal nature. Attorneys are adept at asking the followup questions that provide real meaning to the questions. Counselors at Law can help you interpret and apply the law to your situation in a way you may have not considered and can discuss the impact decisions may have on other areas of your life. In Central Florida, one attorney advertise on TV that "a free 5 minute call will answer all your questions." If that is true, Call!

In my practice most questions are more involved than a short phone call. They usually involve multiple family members and the impact on each can be different. In Divorce, the children must be a consideration. In Elder Law, the Parents are ususally the major consideration. Guardianships can affect many different life decisions.

If you have questions of a legal nature, Call an attorney.

Visit my website at www.aubreylaw.com or call me at 407-645-3297. Make an appointment to come in and review your situation and the many different ways and possible outcomes that can relieve the stress you are feeling. Aubrey

Thankfulness is Appreciated

I received a Thank you Note several years ago which said:

Each and every day . . . I am more and more astonished that I have found such a perfect place to work.

I've had to work at a few horrible jobs and tolerate a few terrible bosses throughout the years . . .

I've also had wonderful jobs and caring employers, but . . .

it is the rare thing to find a place where one feels respected, understood, trusted and appreciated.

It is even more unusual to find a place where I can be myself and still be accepted.

Truly extraordinary is to have all those things and more, and enjoy the work, as well.

I just wanted you to know that I am happier here than I have been at any job . . . ever.

I just wanted you to know . . .
that I know how fortunate I am and that I am grateful . . . for everything.

Obviously, this came from an employee. She was with me for more than three years and I always appreciated her hard work, although I probably never said "Thank you" enough.

I am trying to thank all my clients, especially those who so frequently call me to refer a friend. It is a dear compliment to have one client refer more clients. I am always thrilled when my mentors,other attorney friends and even judges refer business my way; this lets me know they think highly of my work and are willing to trust their friends and family to my care.

I am truly blessed with wonderful friends. Thank you.

If we haven't spoken in a while, call me at 407-645-3297, or visit my website at www.aubreylaw.com

Happy New Year 2011

Happy New Year!!!

Did you make any New Year's Resolutions?

This is a time when many people set out to change their life; whether that means changing budgetary finance issues, dietary health issues, life philosophies, or problem solving techniques, I wish you the very best.

I recently reviewed The 10 Commandments of Common Sense, by Hal Urban. What a great guide for life transformation! As you know, Common Sense is in many cases quite uncommon!

1. The past three years have given many people new perspectives of financial issues, and consumer spending. People have begun using Layaway plans, and Christmas Club accounts again. As a child, I used a Layaway Plan at Kmart to purchase a Green Machine, the hot toy for kids one year. After only 4 months, I had worked to earn the 31.50 plus tax to get the toy out of the store. I rode my Green Machine for many months, then sold it at a yard sale.

Remember Yard Sales? I have been recommending those to clients quite frequently. How much stuff do we really need. Donations to Good Will, the Salvation Army, and other recyclers is a side benefit of spring cleaning which I want to start sooner rather than later. Donations to charities also help the bottom line at tax time if you keep good records of gifts and values.

Remember Visa? MasterCard? American Express? How much are you using those plastic perils? I have heard from so many people that they no longer carry a credit card other than their banks own debit card for purchases. If they need to borrow to spend, they are rethinking the spending and planning other avenues of support.

2. I signed up to run the New York City Half Marathon. I have run several in the past and need to get back into distance running shape. Eating right and exercise provide benefits for life that far outweigh the temporary happiness found in a bowl of ice cream or extra juicy Pittsburgh Style rib eye. Oops, now my mouth is watering.

3. My life philosophy has always been to follow the teachings of Jesus Christ. Call me a Christian, I am not offended. I am also not pushy. For me, I find the Holy Bible to be full of truth and also suggestive of consequences. As a member of the Board of Directors of Christian Ethics Today, I enjoy finding new ways to serve God.

4. Problems solving techniques are really central to my work as an attorney. My favorite technique is merely Anti-procrastination. If you can do it today, why wait til tomorrow? Another is to learn all you can so you can consider more than one solutions to a problem. Time is a precious gift, and its wise use is central to living a life well.

When you have a legal issue this year, I hope you will call me. I can help find a solution or alternative course of action. When issues arise with aging parents, Elder Law Attorneys have great experience dealing with the common issues, and uncommon advice for the truly bizarre issues. Family Law practice centers on Divorce and making sure the needs of children are met. Please call me when you would like to discuss options for your life.

Merry Christmas!

Merry Christmas! This has been a year of firsts, lasts and never mores!
Firsts included:
A personal best in the House of Hope Run Around the Pines 5K, followed by breakfast at my house served for many friends who also ran the race.
Scalloping around the Crystal River/Homosassa Gulf Coast. After the Deep Horizons explosion caused an Oil Spill (Hopefully Last and Never more) in the Gulf of Mexico, the State of Florida opened the Scalloping season early to ensure the maximum harvest possible prior to any potential oil contamination. My best description of Scalloping is a great underwater Easter egg hunt! Snorkeling in 5 to 25 feet of water watching for scallops may sound boring to many people, but I assure you, the first time you pick one up and find two or five more within arms reach, and the one begins snapping and swimming toward you, YOU WILL BE HOOKED! Unfortunately, when you clean your 5 gallons of scallops and realize only one meal's worth of result, you may be a little disappointed. However, the next time you order scallops in a restaurant, you might find a greater appreciation for their size and plumpness!
Finally, my brother and his wife had their First Child, a son, in October. I fear October may have signaled my parents' Last visit to Florida for a while! A new child brings all the wonder and potential of the world to bear on the family. I pray they will enjoy every possible happiness!
Once again, I look back over the year and see blessings I did not deserve, and trials I thought were undeserved! The richest blessings of all are the many friends I have been fortunate to encounter, some daily, some once in a lifetime. At Christmas I try to reflect on all these gifts and remember to say Thank you.
May God Richly Bless You this Season.
If you have need of an attorney, please do not hesitate to call me. 407-645-3297 or visit my website at www.aubreylaw.com

Fraud and Elder Abuse

What happens when you receive a letter from an attorney promising you a settlement of $130,000 but failing to disclose any information as to the case, the parties or how you came to be contacted?

Does your answer change if they include an "Official Bank Check" to cover the court costs as an "advance against "bailiff costs and court fees"?

Unfortunately, many people will fall for this scam and deposit the check into their account, giving vital information to the theives working to steal their money. Others will talk to the scammer on the phone and give all the information needed to have their accounts drained.

Elders are at risk for these scams. The FBI, AARP, and the Florida Department of Elder Affairs all warn of the risks of giving personal information over the phone to someone you don't know, but seniors continue to be duped by official looking correspondence simply because they cannot believe this would be a scam. It all looks so official.

Anyone can go online to verify the identity of an attorney, even those out of state. Go to Martindale.com to find a list of attorneys worldwide who are of good reputation. Lawyers.com and Findlaw.com also lists attorneys. Yes these sites require the attorney to pay a fee for advertising to be listed; however, if attorneys are dealing with you from out of state, shouldn't they be listed somewhere?

Finding an attorney is not hard; verifying the "attorney" who found you is truly serving your interests, may be. Beating fraud is worth the effort.

What Should You Expect from Your Lawyer?

Honesty. If your attorney doesn't tell you the potential downside and pittfalls of a course of action, she is doing you a disservice. You must know the bad possibilities as well as the good. Only when fully informed can you make the best decision. After all, you are the one who has to live with your decisions!

Integrity. Your opponent must be able to trust what your attorney tells them. The Court MUST be able to trust what your attorney tells it. If the attorney says he will present certain evidence, or he has a receipt showing something was purchased by a business, he must be able to back it up, or be forced to prove every detail - at potentially great expense.

Fairness. Treating the other side fairly doesn't hurt your case. In many instances it begins the process of healing that will allow both sides to put the difficulties to rest once and for all in settlement. A Trial is a bad way to achieve fairness. The parties have far less input and much greater expense. Besides, who knows your family better, You and Your future Ex Spouse? or the Judge who has listened to both sides of an argument for 4-6 hours?

Reasonable Billing Practices. The honest answer is Your attorney has a family to feed and must operate his or her practice in a profitable manner. Many times people assume a "quick question" will not result in a bill. Sometimes the answer is clear, but the question still interrupts the work ongoing in the office and usually requires an answer the same day. With only 8 hours in the work day, most attorneys have to work several more hours each day just to keep the messages from piling up, while still researching legal opinions, writing briefs, reviewing the latest rulings, keeping abreast of statutory law changes, planning for hearings, preparing for trials, etc.

Tomorrow: What NOT to expect from your attorney.

Happy New Year

Have you misdated anything yet? I have had to change the 0 of 09 to a 10 at least twice a day since the first. Today, I wrote the full 09 twice and had to rewrite the date. Oops. Mistakes happen.





What does your New Year hold? Do you have plans that require extraordinary effort? You should. Challenge yourself this Year!





Remember, I'm Proud of You!





Actually, "I'm Proud of You" is the title of Tim Madigan's book, subtitled, My Friendship with Fred Rogers. You remember Mr. Rogers. He always told his young viewers, "I'm Proud of You!"





Some people thought Mr. Rogers was too simple and did not teach children much. I remember seeing him as a child and learning that heat rises. I can still duplicate the experiment using cold water in an aquarium and hot colored water in a vial placed at the bottom. When the vial is opened the hot colored water rises to the top. Scientist can explain why, but suffice to say the Hot water has more energy.





People, like energy, can rise to the top as well. Let this be a great year by challenging yourself to Rise to the Top.

This picture shows my son receiving an award from the Mayor of Winter Park. I am Proud!

Call me! Aubrey Ducker 407-645-3297

Thank you!

Such a Wonderful Phrase! I like being able to say Thank you!

Today, one of my dearest friends brought a gift by my office: A Painting in Watercolor of my Grandfather's Barn. In reality I did commission the work, but that should not take away from the Thanks I feel for such wonderful work presented to me.

The picture at right is a recent photo. In the next post, I'll include a shot of the painting.

Many times our memories deceive us. I looked at this photo of the old barn, and truly is looks like an Old Decrepit Barn! My memories don't recall it with so much rust and dust however. I remember putting hay into the loft from the age of 6! Then it was a Massive structure. I got to work with my grandfather's lifelong friends, Harry Clemons, Bob Lowery and others. They treated me like a fellow worker even though I probably got in the way more than they needed until I was 15 or 16. By then I was old enough and strong enough to drive the tractors and trucks around the farm and throw hay bails up onto the wagon.

Memories are funny, one persons delightful childhood event is another persons awful childhood memory. Too bad. If we all could remember only the best and forget the worst, Thank You might be heard more often.