1629 Miles for Thanksgiving

This year for Thanksgiving, we drove to Signal Mountain, just outside Chattanooga, Tennessee, to spend the holiday with my family. My parents still live on a farm there and my brother and his wife had their second child, a boy, the Thursday before Thanksgiving. I planned to cook the traditional Turkey, dressing and cranberry salad at my mother's then take dinner to my brother and his family in the valley.

Just before we left for the trip, my wife learned of her college roommate's mother's passing in Greenville, Tennessee, about 3 1/2 hours north of Chattanooga. Since we were also planning to drive to Durham, NC for the Duke v. Miami game, we made the detour for the funeral. This meant Four days of driving over a 6 day holiday weekend. We left Florida Tuesday evening and made it almost to Macon, Ga., before spending the night. Waking up in Cordell, we drove most of the morning to reach Tennessee; however, just before leaving Georgia, we stopped for lunch at my sister's house for lunch with her and her 3 wonderful children. Later that afternoon, we finally arrived at my Grandfather's farm on Signal Mountain. The evening centered on making the oyster dressing and cranberry salad with groceries brought from Florida.

Thanksgiving Day, I spent most of the morning walking around the farm after putting the turkey in the oven to roast. Mom, Dad and I surveyed the back fence lines and tried to find one corner so we could put the final fence up between my mom's property and that sold to a new owner. After we ate lunch, my brother finally arrived with his 2 year old son, so Andy and I walked the fence lines again to verify proper markings corresponded to the deeds issued by the probate court. After it got dark, Andy took dinner home to his wife and baby, and we planned to follow to get a look at the newest Ducker. Unfortunately, as we went to get in the car, I realized I did not have my keys. Fearing I had dropped them somewhere over the miles of fence line I had traversed today, all woodsy and briar filled, I was rather apoplectic. Thankfully my wife found the keys right where I had dropped them in our room.

On Friday morning, we left about sunup to drive to Greeneville for the funeral. My wife's college roommate's mother had been living in Greeneville, Tennessee, to be near one daughter who could take care of her to prevent having to go to an assisted living facility or nursing home. Ironically, the funeral occurred at Tusculum Baptist Church, across the street from Tusculum College, one of the schools my 17-year old is considering. We drove around before the funeral taking in the beautiful campus and sports facilities.

I'll have to write more tomorrow! If you need assistance in selecting an attorney in the Central Florida area for a Collaborative Divorce, Elder Law, Family Law, Guardianship or other question, please call me at 407-645-3297 or visit my website at www.aubreylaw.com

Thanks, Aubrey

Mortgage Modification Education is going GREAT!
So is my Collaborative Divorce practice.
Guardianships for both the elderly and disabled, check.
What do I have to do to get you to call me?

Helping Senior Adults, Elder Law 101

People ask me, "What is Elder Law?"

I answer, it is helping older Americans with problems that come up primarily due to age. You realize of course that after a certain number of years, thoughts of death become more prevalent and preparation becomes much more important. Children become adults and begin asking, "What do I do about my parents?" When parents begin needing assistance, adult children bear a great burden. They may have children of their own in school or starting out and suddenly, Mom needs a new place to live that will provide nursing care. These problems are not new; our processes of dealing with care of the elderly is not new. All over the globe, seniors are afforded great respect and care. Only in the United States do we warehouse seniors in "adult communities," Assisted Living Facilities and Nursing homes.

When Daddy needs nursing care, what questions should be answered?
First: How much care is needed?
Second: How much care can he afford?
Third: Who is responsible to pay when Daddy cannot?

Other questions that may come up include:

What about Social Security, and Medicare?
Do we need to do "Medicaid Planning?"
What is Medicaid Planning?

Parents may not wish to discuss their finances with adult children and may feel freer to discuss the details of planning with an Elder Law Professional. Many times parents have begun the process, but children are kept in the dark for fear that the children will want to "inherit" early. Many seniors have received advice regarding Medicaid Planning over the radio or television but may not understand fully the details. Many seniors worry about losing their homestead or the equity they have built up over the years. In Florida, we protect homesteads. The equity in the home can survive incapacity and death provided simple steps are taken to preserve all the rights afforded to homeowners.

When Medicaid begins to enter the conversation  with regard to health care, it may be too late. Most Health care Decisions must be made quickly; however, medicaid planning may require as much as 5 years to be fully effective.

When you are faced with these and other questions, Call me at 407-645-3297, 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.

Family Reunion in Tennessee

This past weekend, I drove 24 hours round trip to Tennessee to see my family. The family, distant relations, cousins and friends most of whom I had not seen since I last attended this reunion 25 years ago, was described by one of the 55 year 'friends' as the Nicest family she has ever known. What a Joy. Sharing stories of long ago loves, courtships, children, pranks, jokes, dances, murders, drunkeness, abandonment, the list grows longer, but the stories are told again. The family is described in two different books and its is likely that every person who traveled the Cumberland Gap road between 1796 and today has been impacted by the Snoderlies, Cranks, Bollingers, Onks, Eubanks and others who make up this delightful bunch.

This family has its share of unpleasant issues and complications. One Great-grandmother is cared for by a grandson, though her son or daughter could also provide the care. The family as a whole abhors nursing homes due to an incident of elder abuse in the 70's that proved no care is like family care.

Divorces are evident with second spouses and questions of first wives, children with differing last names, even one divorced couple that still attend because they both love all these people so much.

The Chidren were incredible. No fighting, just playful banter between long lost friends who have never met, but because their parents said they are cousins must be glad to see each other.

One family was restored many years ago after a newborn boy was given up for adoption. An ad in a geneological magazine led the family to find him and learn they had lived within 20 miles of each other for the past 40 years.

Pickin guitars, and singing songs late into the night while negotiating for just a taste of homemade peach wine, kept us up til all hours, but noone was too tired to be pleasant.

On the whole, and by all individual parts, I would not trade this weekend for anything.