Planning for the Elderly in Florida

Florida-specific analysis, commentary, and forms help you to help your elderly clients with all of their legal issues.
Publisher: Matthew Bender
Print Book :1 volume, looseleaf, updated annually
2nd Edition
$365.00
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ISBN: 9780769859576
Publisher: Matthew Bender
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This practice guide has been completely revised to provide up-to-date analysis and commentary on the laws and regulations affecting the elderly in Florida, as well as checklists and forms to facilitate counseling and drafting. A glossary of acronyms provides a handy reference for abbreviations of common agencies, programs, and other terms. Planning for the Elderly in Florida Second Edition covers a wide range of issues of concern to the elderly in Florida.
An entirely new chapter has been added to explore the use of Special Needs Trusts in Florida. These trusts may shield income and assets that would otherwise disqualify individuals for means-tested public benefits. The various types of special needs trusts, as well as their specific requirements, are thoroughly discussed.
The chapter on Medicaid General Considerations has been extensively updated to include a lengthy discussion of the Medicaid Managed Care waiver currently pending before the Centers for Medicare and Medicaid Services which, if approved, will bring significant changes to Florida's Medicaid program. The chapter on Medicaid Advocacy contains a discussion of administrative rules, beginning with an explanation of how rules are made and under what authority, and culminating with an explanation of how a rule may be challenged.
Many new forms have been added throughout the publication.
Coverage also includes:
• Relevant federal income tax issues, including tax rates and exemptions, medical expense deductions, treatment of life insurance proceeds, and credits for the elderly and disabled and for a dependent's care;
• Medicare eligibility and coverage as well as Medicare supplemental insurance (Medigap) policies;
• Medicaid coverage and eligibility criteria, the rules governing the transfer of assets by a person who applies for Medicaid benefits in Florida, and the avenues available to Medicaid applicants who have been denied coverage;
• Residents' rights in long-term care facilities, including nursing homes, assisted living facilities, and adult family care homes;
• Planning for incapacity, including property management (durable powers of attorney, revocable living trusts, and joint ownership) and health care decisions (living wills, health care surrogate designations, do-not-resuscitate orders, health care proxies, as well as long-term care insurance);
• Guardianship and its use, the procedure for initiating a guardianship, and the guardian's powers and limitations;
• Social service programs available to seniors in Florida, the agencies responsible for their oversight, and program eligibility requirements; and
• Elder abuse and the various remedies available to protect individuals and redress injuries.

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Table of Contents

CHAPTER 1 Florida's Social Service System

§ 1.01 Summary of This Chapter

§ 1.02 Social Services Assistance

§ 1.03 Programs and Services

§ 1.04 Accessing Florida's Social Services Programs

CHAPTER 2 Ethical Considerations in an Elder Law Practice

§ 2.01 Summary of This Chapter

§ 2.02 Ethical Issues in the Elder Law Practice

§ 2.03 Who Is the Client?

§ 2.04 Conflicts of Interest

§ 2.05 Confidentiality

§ 2.06 Who Pays the Bill?

§ 2.07 Multiple Clients

§ 2.08 The Incapacitated Client

§ 2.09 Ethical Issues for Office Staff

§ 2.10 Handling Ethical Issues in an Elder Law Practice

§ 2.100 Checklists

CHAPTER 3 Income Tax

§ 3.01 Summary of This Chapter

§ 3.02 Who Must File?

§ 3.03 Filing Status

§ 3.04 Tax Rates and Exemptions

§ 3.05 What Is Income?

§ 3.06 Income: Life Insurance Proceeds

§ 3.07 College Savings Options

§ 3.08 Income: Compensation for Injury or Sickness

§ 3.09 Income: Sale of a Personal Residence

§ 3.10 Types of Deductions

§ 3.11 Deductions: Medical Expenses

§ 3.12 Deductions: Charitable Contributions

§ 3.13 Deductions: Vacation Homes

§ 3.14 Credit for the Elderly or Disabled

§ 3.15 Credit for Dependent's Care

§ 3.16 Reverse Mortgages

§ 3.17 Taxation of Personal Service Contracts

Chapter 4 [Reserved]

CHAPTER 5 Medicare

§ 5.01 Summary of This Chapter

§ 5.02 What Is Medicare?

§ 5.03 Part A Hospital Insurance Benefits Eligibility: In General

§ 5.04 Part A Eligibility: Persons Age 65

§ 5.05 Part A Eligibility: Beneficiaries Who Are Disabled

§ 5.06 Part A Eligibility: End-Stage Renal Disease

§ 5.07 Part A Eligibility: Federal Employees

§ 5.08 Part A Eligibility: Voluntary Purchase of Coverage

§ 5.09 Part A Benefits and Financing

§ 5.10 Part A Benefits: Inpatient Hospital Services

§ 5.11 Part A Benefits: Skilled Nursing Facility Services

§ 5.12 Part A Benefits: Post-Institutional Home Health Services

§ 5.13 Part A Benefits: Hospice Services

§ 5.14 Part B: Eligibility, Enrollment, and Payments

§ 5.15 Part B: Covered Benefits

§ 5.16 Part C: Medicare Advantage

§ 5.17 Preventative Care Benefits

§ 5.18 Prescription Drug Coverage

§ 5.19 Items and Services Excluded from Coverage

§ 5.20 Claims and Payment Procedures

§ 5.21 Claim Determinations and Appeals

§ 5.22 Employer Health Insurance

§ 5.23 Medigap Insurance

§ 5.24 Program of All-Inclusive Care for the Elderly (PACE)

§ 5.100 Checklists

§ 5.200 Forms

CHAPTER 6 Special Needs Trusts in Florida

§ 6.01 Summary of This Chapter

§ 6.02 Overview of Special Needs Trusts

§ 6.03 Disability Determinations

§ 6.04 Public Benefits

§ 6.05 Types of Special Needs Trusts

§ 6.06 Evaluating SNTs for Public Benefits Planning

§ 6.07 Crafting First-Party Special Needs Trusts

§ 6.08 Qualifying Special Needs Trusts

§ 6.09 Judicial Modification of Trusts for Special Needs Trust Planning Purposes

§ 6.10 Jurisdiction and Related Florida Matters

§ 6.11 Finding the Law

§ 6.100 Checklists

CHAPTER 7 Medicaid: General Considerations

§ 7.01 Summary of This Chapter

§ 7.01A Medicaid and Managed Care

§ 7.02 Understanding Medicaid

§ 7.03 Program Administration and State Participation

§ 7.04 Available Coverage for the Aged and Disabled

§ 7.05 Covered Services for the Aged and Disabled

§ 7.06 Medicaid Waiver Programs

§ 7.07 Program Services

§ 7.100 Checklists

§ 7.200 Forms

CHAPTER 8 Medicaid: Income and Asset Requirements

§ 8.01 Summary of This Chapter

§ 8.02 Income

§ 8.03 Exclusions and Deductions from Gross Income

§ 8.04 Income Calculation for the Institutional Care Program (ICP), Medicaid Hospice, and Home-and Community-Based Services (HCBS)

§ 8.05 Medically Needy: The Share of the Cost

§ 8.06 Patient Responsibility

§ 8.07 Spousal Income

§ 8.08 Assets

§ 8.09 Excluded Assets

§ 8.10 Treatment of Homestead

§ 8.11 Treatment of Other Resources

§ 8.200 Forms

CHAPTER 9 Medicaid: Transfer of Assets, Liens, and Estate Recovery

§ 9.01 Summary of This Chapter

§ 9.02 Medicaid Regulations: Transfers, Penalties, and Recovery

§ 9.03 Transfers of Assets

§ 9.04 Transfer Penalties

§ 9.05 Allowable Transfers

§ 9.06 Undue Hardship

§ 9.07 The "Look-Back" Period

§ 9.08 Calculating Transfer Penalties

§ 9.09 Transfers to Trusts

§ 9.10 Transfers to Retirement Funds

§ 9.11 Medicaid Fraud

§ 9.12 Third-Party Liability

§ 9.13 Medicaid Estate Recovery

CHAPTER 10 Medicaid: Advocacy

§ 10.01 Summary of This Chapter

§ 10.02 Overview

§ 10.03 Medicaid Appeals

§ 10.04 Administrative Rules

§ 10.200 Forms

CHAPTER 11 Residents' Rights: Long-Term Care Facilities

§ 11.01 Summary of This Chapter

§ 11.02 Overview of Nursing Home Residents' Rights

§ 11.03 The Federal Model

§ 11.04 The State Model

§ 11.05 Application of Federal and State Law

§ 11.06 Communication, Access, and Visitation Rights--Nursing Homes

§ 11.07 Communication, Access, and Visitation Rights--Assisted Living Facilities and Adult Family Care Homes

§ 11.08 Personal Privacy and Safety Rights--Nursing Homes

§ 11.09 Personal Privacy and Safety Rights--Assisted Living Facilities and Adult Family Care Homes

§ 11.10 Property and Financial Rights--Nursing Homes

§ 11.11 Property and Financial Rights--Assisted Living Facilities and Adult Family Care Homes

§ 11.12 Transfer and Discharge Rights--Nursing Homes

§ 11.13 Fair Hearing

§ 11.14 Transfer and Discharge Rights--Assisted Living Facilities and Adult Family Care Homes

§ 11.15 Enforcement of Residents' Rights

§ 11.100 Checklists

§ 11.200 Forms

CHAPTER 12 Planning for Incapacity: Property Management

§ 12.01 Summary of This Chapter

§ 12.02 Planning Alternatives

§ 12.03 Power of Attorney

§ 12.04 Living Trusts

§ 12.05 Joint Ownership of Assets

§ 12.200 Forms

CHAPTER 13 Planning for Incapacity: Health Care Decisions

§ 13.01 Summary of This Chapter

§ 13.02 Health Care Decision Making: History of the Law in Florida

§ 13.03 Florida Statutes Chapter 765--Health Care Advance Directives

§ 13.04 Health Care Surrogate

§ 13.05 Health Care Proxy

§ 13.06 Health Insurance Portability Act of 1996 (HIPAA)

§ 13.07 Health Care Decisions at the End of Life--Life-Prolonging Procedures

§ 13.08 Challenging Decisions of the Surrogate or Proxy

§ 13.09 Pain Management and Palliative Care

§ 13.10 Do Not Resuscitate Order (DNRO)

§ 13.11 Guardian Advocate For Mental Health Treatment

§ 13.12 Mental Health Advance Directives

§ 13.13 Long-Term Care Insurance

§ 13.100 Checklists

§ 13.200 Forms

CHAPTER 14 Guardianship

§ 14.01 Summary of This Chapter

§ 14.02 Overview of Florida Guardianship Law

§ 14.03 What Is Incapacity?

§ 14.04 What Is a Guardian?

§ 14.05 Who May Serve as Guardian?

§ 14.06 Types of Guardianships

§ 14.07 Guardianship Education Requirements

§ 14.08 Initiation of Guardianship Proceedings

§ 14.09 The Court-Appointed Attorney and the Right to Counsel

§ 14.10 Provisional Remedies--Emergency Temporary Guardian

§ 14.11 Investigative Process

§ 14.12 The Adjudicatory Hearing

§ 14.13 Post-Appointment Responsibilities of the Guardian

§ 14.14 Powers and Duties of Guardians

§ 14.15 Termination of Guardianship

§ 14.16 Suggestion of Capacity

§ 14.17 Removal and Resignation of Guardians

§ 14.18 Surcharge of Guardians

§ 14.19 Guardianship Oversight

§ 14.20 Guardian and Attorney Fees

§ 14.100 Checklists

§ 14.200 Forms

CHAPTER 15 Elder Abuse

§ 15.01 Summary of This Chapter

§ 15.02 Overview of Elder Abuse

§ 15.03 What Is Elder Abuse, Neglect, and Exploitation?

§ 15.04 The Victim and the Perpetrator

§ 15.05 Signs of Elder Abuse

§ 15.06 Considerations for the Attorney

§ 15.07 Adult Protective Services

§ 15.08 Other Legal Remedies

§ 15.100 Checklists