Elder Law

What to Consider When Appointing a Fiduciary?

A well-crafted estate plan will require a person to appoint individuals or financial institutions to represent them in the event they: need assistance with their affairs during their lifetime, lose capacity, or after death.

Retroactive Medicaid in Florida Has Been Eliminated: Is This Good or Bad?

By: Kevin R. Albaum, Esq.Clark, Campbell, Lancaster & Munson, P.A. Medicaid is a joint federal and state health insurance program that will help many people with limited income and resources pay for their health care. For those with disabilities or illness and no funds available to pay for care, Medicaid health insurance is often the […]

The Basics of Medicaid Financial Eligibility for Nursing Home Residents

A person’s transition to a skilled nursing facility (a/k/a “Nursing Home”) is often a very difficult time for a family. Not only is the person’s physical or mental health often declining but the person and/or their family is often burdened with figuring out how to pay for the facility.

The Basics of Medicare

Medicare is government health insurance that is administered by the Centers for Medicare and Medicaid Services (“CMS”). As a general rule, anyone is who is sixty-five (65) years old and is either a U.S. citizen or a permanent resident (who has lived in the United States at least 5 years) may receive Medicare health insurance coverage.

Supreme Court: Sports Betting is No Longer Prohibited Under Federal Law, it is Time for Each State to Decide for Themselves

By: Kevin R. Albaum, Esq. Clark, Campbell, Lancaster & Munson, P.A. On May 14, 2018, the United States Supreme Court (USSC) struck down the Professional and Amateur Sports Protection Act of 1992 (the “Act”) by ruling that the entire Act was unconstitutional. Since the Act was enacted in 1992, it implemented a federal ban on […]

HOW TO AFFORD LONG TERM CARE

A transition from a senior’s home to an assisted living facility or nursing home is never easy for a family. What makes matters even more difficult is for the senior’s spouse or children to have to bear this new large monthly expense for an unknown amount of time.

Easier Access to Special Needs Trusts Finally Arrives for Disabled Individuals

By: Kevin R. Albaum, Esq. Clark, Campbell, Lancaster & Munson, P.A. A bill known as the Special Needs Trust Fairness Act (the “Act”) has been working its way through the legislative process for a couple years now.  Finally, on December 17, 2016, President Obama signed the Act into Federal Law. The law became effective immediately. A first […]

Proactive Planning for Senior Medicaid Programs Makes the Process Easier and Saves Money

Q. When is it recommended to meet with an elder law attorney to discuss Medicaid issues and planning?

Guardian Advocacy

Q: My child has a developmental disability and is about to turn eighteen years old. How do I protect and continue to care for him?

Probate

Q: What is probate, and should I craft an estate plan to avoid it?

Guardianships

Q: My father has difficulty living on his own. Does he need a guardian?

Adding Durability to Your Estate Plan

Q: How do I delegate authority in the event I become incapacitated?

Will Must Be Equivocal As to Intentions

Q: Must I revise my will when I acquire new assets?