Understanding Capacity

The concept of capacity is extremely important in estate planning and elder law. Whether you are planning for your own future or you have a loved one who is having health issues impacting their ability to make decisions for themselves, it is essential to understand capacity. This blog will explain what capacity is from a legal point of view and how to determine if someone has the capacity to make decisions on their Read More

4 Reasons You Need HIPAA Authorization

You have almost certainly heard of the HIPAA authorization forms, and even signed them when going in for some type of medical treatment. Most people just sign the forms and never give them a second thought. When engaging in some type of estate planning or elder law activities, however, it is important to have a deeper understanding of what it is and why you may need them. What is HIPAA? HIPAA is the federal Read More

Elder Law Basics: The Assisted Living Waiver

If you or a loved one needs to move into an assisted living home of any type, you will want to learn about the assisted living waiver. This is a program offered by the State of Florida to help make it easier for elderly residents to get the care they need. It will typically be a part of the Statewide Medicaid Managed Care Program. Whether you need this right away or you are just planning for the future, understanding Read More

Medicare Fraud: What You Need to Know

Medicare fraud is an illegal activity where a medical professional takes some action with the intent to get paid by the Medicare system inappropriately. This type of fraud costs US taxpayers millions of dollars each year, which is why it is so important to understand what it is and what can be done to stop it. Not only does this type of fraud cost taxpayers money, but it can also put you in real danger. Take a few Read More

5 Signs of Elder Abuse

As your loved ones get older, it is often necessary to get them help with their day to day care. Whether this means moving them into a nursing home, or simply bringing people into their home to help with various tasks, it is a critical part of their care. While most people providing care for the elderly are truly loving individuals, some take advantage of the vulnerability of those they should be caring for. Read More

Important Things to Consider When Naming a Trustee

Legal trusts are one of the most common vehicles used in estate planning. They offer a wide range of benefits that can’t be matched with Wills or most other things. When you have a trust in place, you will need to name a trustee to administer the trust and make sure your desires are carried out properly over the life of that trust. You can either choose an individual to be named as a trustee, or you can choose a Read More

5 Myths About Living Trusts

Living trusts are an important part of many people’s overall estate plan. They offer a variety of advantages and can be used in many different ways. Due to their popularity, however, there are also a lot of myths surrounding living trusts, some of which could end up costing you thousands of dollars. Read about these myths and what makes them false so you don’t make the same mistakes that others have. Living Trusts Read More

Do You Have a Plan for Your Digital Assets?

Over the last several years, the Internet and many other digital products have gone from being something only a small number of people were even aware of to an essential part of everyday life for most people. Today, people keep photos, journals, financial documents, and just about everything else you can imagine online. Just like real physical items, digital assets can be extremely valuable both financially and Read More

What You Need to Know About Section 1115 Waivers

One of the most important new rules that was brought out of the Patient Protection and Affordable Care Act was the expansion of Medicaid coverage to many non-elderly adults. Those whose income was at or below 138% of the federal poverty level could not potentially qualify for certain coverages. The section that addressed this new coverage was #1115, which is why this coverage is commonly sought with a “1115 waiver.” Read More

An Overview of the Florida Probate Process

If you have had a loved one pass away recently, you may have been named in their Will or other legal document as a beneficiary of their estate. In order to actually get what was left to you, however, it may be necessary to go through the probate courts. The probate process serves to determine who is legally entitled to what and will settle the estate by allocating assets to pay off debts before distributing all Read More