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/

 

Deceptive and Unfair Trade Practices - You Have Rights!

The Caller complained that a "salesman showed up at her door, and he and his partner would not leave."  I would have said, feel free to call the police.

The Caller said, "They took my vacuum cleaner and left me with this water thing." She felt overwhelmed by the people who were in her home.

 

The next day, she wrote a letter to tell them to come get the vacuum, and return hers, but when they showed up two days later with the financing contracts, again, she felt too much pressure. After all, she was alone with 3 people in her home she did not know. Again, I would have encouraged her to call the police.

 

But, What To Do NOW?

 

Call the Florida Attorney General at 850-414-3300.

 

Or visit her website at: http://myfloridalegal.com/contact

There are links to Frequently Asked Questions, such as my favorite, I need an attorney. Can the Attorney General’s office represent me?  and others:

1. I have a complaint against a private business. Where can I go for assistance?
   
2. Does the Attorney General’s Office provide any services o benefits to victims of violent crimes that have resulted in financial hardship?
   
3. What other services are available for crime victims?
   
4. Does the Attorney General help the public with questions on open government?
   
5. I believe that someone is using my name to run up charges on my credit.  What can I do?
   
6. I have a complaint with another state agency. Can the Attorney General act on my behalf or take action against it?
   
7. Who can help me with questions about child support?
   
8. I am having trouble with my insurance company. Can the Attorney General take action?
   
9. I believe that my local public officials are breaking the law or engaging in unethical behavior. What should I do?
   
10. I am constantly receiving telephone calls at night, on weekends, during the dinner hour, from people trying to sell me something. Is there any way I can prevent these calls?
    
11. I know of a state law that needs to be changed. Who can I contact?
    
12. Where can I find copies of state and federal laws?
    
13. What training does the Attorney General’s Office offer to lawenforcement, victims, and the general public?
    
14. I am part of a local Crime Stopper organization. How can my group apply for a grant from the Crime Stopper Trust Fund?
    
15. Who can help me with a problem concerning my utility?
    
16. I have a complaint against my local law enforcement department. Who can help me?
    
17. I feel that I am being discriminated against because of age,race, gender, or disability. Can the Attorney General help me?
    
18. I do not know all of the details on the products that I buy. How do I protect myself from consumer fraud?
    
19. My landlord is not doing what he is supposed to do according to our lease.  Who can help me?
    
20. My neighbor recently moved to Florida from out of state and the mover would not unload the truck until my neighbor paid him more than agreed upon. I just moved here from within Florida and the same thing happened to me, plus several items were damaged. How can we recover our money?

If these are not your questions, go here to explore other areas:

http://myfloridalegal.com/pages.nsf/4492D797DC0BD92F85256CB80055FB97/20AFA53C4EC9E3EA85256CCB00522BE1?OpenDocument

There are links to information about Identity Theft: http://myfloridalegal.com/identitytheft

 

Other places on the site allow direct contact with the office of Consumer Protection: http://myfloridalegal.com/pages.nsf/Main/18A7753257FE439085256CC9004EC4F7

 

Here is the page to file a complaint: http://www.myfloridalegal.com/Contact.nsf/Contact?OpenForm&Section=Consumer_Protection_Division

 

Note:

1. All information submitted with this complaint is subject to public inspection pursuant to Chapter 119, Florida Statutes.
2. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 837.06, Florida Statutes.

 

Do not let the warning bother you. If you have been harmed by the actions of a Door to Door Salesman or telephone solicitation, please, protect yourself and others by filing a complaint.

 

An easy link to Citizen Services allows several contacts and valuable information for protecting yourself and your loved ones. http://myfloridalegal.com/pages.nsf/Main/27BC1ED4C58ABD878525792200477D3F

 

There is even a Medicaid Fraud Unit - just in case your healthcare provider is performing too many services you don't need or billing the state for services you did not receive. http://myfloridalegal.com/pages.nsf/Main/ebc480598bbf32d885256cc6005b54d1

 

You can get involved too.
Consumer-conscious senior citizens in Florida have the opportunity to volunteer their time and energy to help the Attorney General's Office fight back against con artists who typically prey on their number. They can become part of a statewide program known as "Seniors vs. Crime."
Formed in 1989 by the Attorney General, Vern Thornton and the American Association of Retired Persons, the program uses retired citizens not only to educate Floridians on consumer fraud but also to help in some consumer investigations. In addition, the volunteers regularly conduct seminars on how seniors can protect themselves from becoming crime victims.
For program information, consumer inquiries, consumer complaints, or to schedule a Consumer Seminar, please call 1-800-203-3099 or visit our web site at www.seniorsvscrime.com.

 

Finally, thre is even an A-Z resource guide here: https://csapp.800helpfla.com/CSPublicApp/AZGuide/AZGuideSearch.aspx

 

So much help is out there. You just have to look.