Florida Elder Law, Medicaid Planning and Estate Planning: A Guide to Protecting Family and Property

by John R. Frazier, J.D., LL.M., Joseph Pippen, Jr., J.D. (Created by)

Overview

The Right Advice and a Trustworthy Guide

Too often, seniors and their families struggle with planning for elder care. Many are simply overwhelmed by the amount of information available, both online and in print. This book serves as a starting point to help you understand what is involved to legally protect assets, life savings, your spouse and your future as you age--and to pass your legacy on to your loved ones. Included in Florida Elder Law, Medicaid Planning and Estate Planning:

--Introduction to Elder Law, Medicaid Planning and Estate Planning
--The Importance of Long-Term Care Planning and Estate Planning
--Florida Elder Law
--Florida Medicaid Planning
--Florida Estate Planning
--Veterans Benefits
--Selection of an Assisted Living Facility (ALF) or Nursing Home
--The Unlicensed Practice of Law in Florida

TABLE OF CONTENTS

Introduction to Elder Law, Medicaid
Planning and Estate Planning 9
The Importance of Long-Term
Care Planning and Estate Planning 10

Chapter 1: Florida Elder Law 15
What Is Elder Law? 15
The Elder Law "Umbrella" 17
An Overview of Elder Law Issues 19
Medicaid Planning and Other Public Benefits 19
Comprehensive Estate Planning 23
Assisted Living Facility and/or
Nursing Home Planning 24
Guardianship and Incapacity 24
Elder Abuse, Neglect and Exploitation 25
Age Discrimination 27
Retirement and Financial Issues Affecting Seniors 28
Probate and Asset Protection 29
Veterans Benefits 29



Chapter 2: Florida Medicaid Planning 31
What Is Medicaid? 32
What Is Medicaid Planning? 33
Medicaid Eligibility 34
Medicaid Planning Strategies Used Primarily for Single People 35
Personal Services Contract 35
Special Needs Pooled Trust 35
Level Payout Medicaid Qualifying Annuity/Medicaid
Qualifying Life Insurance 36
The Purchase of Income-Producing Property 37
Purchase of Homestead 37
Gifting 37
The Purchase of Other Exempt Assets 38
Repairs to the Homestead 38
Payment of Debts and Payment of Current Expenses 38
Purchase of an Irrevocable Funeral/
Cremation Service Contract 38
Burial Savings Account 39
Purchase of an Automobile 39
Additional Strategies Available for Married Medicaid Applicants 39
Spousal Refusal/Assignment of Rights to Support 39
Medicaid Qualifying Annuity 39
Medicaid Planning and Veterans Benefits 40

Chapter 3: Florida Estate Planning 43

What is Estate Planning? 43
What Does an Estate Plan Do? 44
Documents/Legal Arrangements
Commonly Used in Estate Planning 45
Florida Last Will and Testament 45
Powers of Attorney (POA) 46
Durable Power of Attorney 47
Living Wills 48
Trusts 48
Health Care Advance Directives 51

Chapter 4: Veterans Benefits 53
Overview of Veterans Benefits 53
Service Connected Disability Benefits 54
Non-Service Connected Veterans Benefits
("VA Improved Pension" or "Pension") 55
The Aid and Attendance Program 55

Chapter 5: Selection of an Assisted Living Facility (ALF)
or Nursing Home 57
How to Select an Assisted Living Facility (ALF) 58
Questions to Ask the Assisted Living Facility Staff 59
Safety 60
Staffing Issues 60
Health Care Services 61
Activities 62
How to Select a Nursing Home 62
A Checklist for Choosing the Right Nursing Home 63
More Tips to Choose the Right Nursing Home 64
Communication for Out of Town Family Members 66

Chapter 6: The Unlicensed Practice of Law in Florida 67
Examples of Courts Ruling That a Non-Attorney
Is Engaged in Unlicensed Practice of Law 68
UPL and Medicaid Planning: Why There Has Been
a "Vast Proliferation" of Non-Attorneys Advising the Public 69
An Example to Highlight the Hidden Dangers:
A Life's Savings, Wiped Out in Months 70
How to Make the Safest Choices 71
Protecting the Public 79
Key Points to Remember Regarding Durable
Power of Attorney and UPL 80
Protecting Legal Rights 81
Protecting Your Own Legal Rights 81
Protecting the Senior 81
Fixing Problems that Have Already Happened 82
Update on the Unlicensed Practice of Law 82

Notes 85
Index 89
About John R. Frazier, J.D., LL.M 95
About Joseph F. Pippen, Jr., J.D. 97

Product Details

BN ID:	2940156983186
Publisher:	Cabo Azul Publications, LLC
Publication date:	08/24/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	100
File size:	1 MB

About the Author

John R. Frazier graduated Cum Laude from Hampden-Sydney College in Virginia with a B.A. in Economics in 1986. He received his Master’s degree in Business Administration from Virginia Tech in 1994, graduated Cum Laude from the University of Toledo College of Law in 1997, and received his LL.M. in Taxation from the University of Florida College of Law in 1998. John is licensed to practice Law in both Florida and Georgia, and he practices primarily in the fields of Elder Law, Medicaid Planning, Veterans Benefits Law, Estate Planning, Asset Protection, Taxation, and Business Organizations. John is admitted to practice before the United States Court of Appeals for Veterans Claims, and he is accredited by the Veterans Administration to assist VA claimants present, prepare and prosecute claims with the VA. He is also a member of the National Academy of Elder Law Attorneys, the Academy of Florida Elder Law Attorneys, and the Florida Bar Elder Law Section. As the son of a physician and military officer, and with his four brothers, John traveled widely in the U.S.A. and abroad while growing up. John’s exposure to different cultures has created a lifelong interest in learning about other regions of the world. His current interests include the study of Latin America, Spanish music, Italian music and reading.

Joseph F. Pippen, Jr., is an estate planning attorney and host of “Ask An Attorney” radio show. His central Florida law firm consists of nine attorneys who practice in the areas of estate and tax planning, probate, real estate, asset protection, Medicaid, bankruptcy, guardianship, and family law issues. Website: www.AttyPip.com