Difference between Elder law and Estate planning - Avvo.com
Here are some basic considerations to help you decide whether you need an Elder law attorney or an Estate planning attorney
An Elder Law will likely focus on:
Plan for lifetime,
In-home care,
Living arrangements (Assisted living facilities, skilled nursing, independent living),
Support structure,
Cost of placement,
Family needs,
Public benefits available.
An Estate Planning will focus more on issues such as:
Creating a plan for issues surrounding death,
Avoiding estate tax (i.e. death tax),
Planning around probate and the cost of it,
Explaining how assets may be passed to your heir(s).
Wednesday, May 25, 2011
How to Interview and Research an Elder Law Attorney - Avvo.com
How to Interview and Research an Elder Law Attorney - Avvo.com
Elder law is often associated as another form of estate planning when in fact only a small part of elder law involves estate planning. Elder law deals with a person and their estate while they are alive. Estate planning normally arranges property around what will happen at death. For that reason a person who is looking to hire an elder law attorney should know how to weed out attorneys who focus more on estate work. This is a short list of what to look for.
Elder law is often associated as another form of estate planning when in fact only a small part of elder law involves estate planning. Elder law deals with a person and their estate while they are alive. Estate planning normally arranges property around what will happen at death. For that reason a person who is looking to hire an elder law attorney should know how to weed out attorneys who focus more on estate work. This is a short list of what to look for.
1. Ask the attorney what their primary areas of law are. Here you are looking for something that makes sense; for example Bankruptcy, Elder law and personal injury have little to do with one another. However litigation and elder law might if their focus was on nursing home litigation. Another example of what works together would be elder law and probate. Estate planning, elder law, and probate also would make sense; however, you will want to make sure they haven't just put that label there because they think it sounds good.
2. Ask specific questions about the government program you are looking at. An elder law attorney should be familiar with Medicaid, Medicare, Social Security, SSI, SSDI, VA Aid and Attendance amoung other programs. While no attorney will know everything about these programs you should be able to tell how comfortable they are talking about it. Dealing with public benefits is a core part of an elder law practice and is normally a dead ringer for an attorney calling themself an elder law attorney when in fact they do something else. Still there are execeptions such as litigation attorneys who handle matters once they have gone contested will not be as familiar with public benefits.
3. Ask for three representative cases. Note they can not give you names but they should be able to explain how they have helped other clients in similar circumstances.
4. Ask how often they file a case such as yours. There are several attorneys in my area who file one guardianship a year and promote themselves as doing guardianship work. Such a limited practice in guardianship should be disclosed to the client. Note that doesn't mean they are not qualified but wouldn't you want to know that??
5. Ask (or research) what committees they are on or what organizations they belong to. Elder Law has some core organizations such as NAELA or state bar chapters that most elder law attorneys are apart of. Because this area is so broad it is important for people to stay active in these organizations. The more involved they are the more likely they are to know recent changes in the law or what changes are coming.
6. Watch what the attorney talks about. Is the attorney focused on who gets what or is the attorney talking more about care of the parent or ill person. While it is important for an elder law attorney to review prior wills and advance directives they are only doing so to see a pattern as to who the senior trusted. However, even there that can change over time and the attorney should be focused on the recent history.
7. Ask for references from people in the community. When looking at ALFs or skilled nursing facilities ask them who they recommend in the area for elder law. Ask people at the hospital. Consider calling other attorneys not related to elder law or estate work and asking who they recommend.
Wednesday, May 18, 2011
Another example that Florida legislature has lost its mind (or sold out).
http://www.wtsp.com/news/article/192367/250/Farrell-Files-Legalized-Granny-Dumping-On-Deck-in-2012
...
Despite calls from patient advocates to avoid a repeat of the corruption and reported substandard care that plagued the Florida Medicaid HMO Pilot Program, the Florida Legislature voted last week to begin moving all three million Floridian Medicaid plan participants into a private HMO program that is almost identical to Florida's prior pilot program. If the federal government agrees to this plan, Florida will become the first state in the nation to move its entire Medicaid population into HMO's.
But there is ONE major difference in this latest plan. Unlike the Florida Medicaid Pilot Plan, this new plan would begin shifting elderly patients into HMO's first. In Florida's prior pilot program, and similar programs throughout the U.S., younger, healthier patients were the first to be shifted in private managed care. Under this plan, the elderly and disabled would the first moved to HMO's. Florida Speaker of the House Dean Cannon has stated that targeting elderly Floridians for removal from nursing homes first is a good idea because they can benefit from staying at home and remaining independent through the utilization of home health care.
Obviously Speaker Cannon is not a student of Florida Medical History. For if he was... he would be acutely aware of the rampant fraud and abuse that has germinated in the Florida home healthcare Industry over the past decade. Miami-Dade has been cited in numerous publications as the
...
Despite calls from patient advocates to avoid a repeat of the corruption and reported substandard care that plagued the Florida Medicaid HMO Pilot Program, the Florida Legislature voted last week to begin moving all three million Floridian Medicaid plan participants into a private HMO program that is almost identical to Florida's prior pilot program. If the federal government agrees to this plan, Florida will become the first state in the nation to move its entire Medicaid population into HMO's.
But there is ONE major difference in this latest plan. Unlike the Florida Medicaid Pilot Plan, this new plan would begin shifting elderly patients into HMO's first. In Florida's prior pilot program, and similar programs throughout the U.S., younger, healthier patients were the first to be shifted in private managed care. Under this plan, the elderly and disabled would the first moved to HMO's. Florida Speaker of the House Dean Cannon has stated that targeting elderly Floridians for removal from nursing homes first is a good idea because they can benefit from staying at home and remaining independent through the utilization of home health care.
Obviously Speaker Cannon is not a student of Florida Medical History. For if he was... he would be acutely aware of the rampant fraud and abuse that has germinated in the Florida home healthcare Industry over the past decade. Miami-Dade has been cited in numerous publications as the
Friday, May 6, 2011
Medicaid change goes to vote today | TBO.com
Medicaid change goes to vote today | TBO.com
http://www2.tbo.com/news/politics/2011/may/06/MENEWSO8-medicaid-change-goes-to-vote-today-ar-205228/
This bill will hurt seniors. There is no getting around it. I don't think anyone actually believes Medicaid patients will get 1st class treatment. Look at our prior post for the truth.
However here is a summary of facts.
Fact
This has never worked elsewhere when a state already has a waiver program (BTW Florida has one).
Fact
If facilities pull out like they did in the pilot program seniors may be sent to other counties away from all their family.
Fact
The Florida legislature has been given a proposal that actually will cut the deficit that they ignored.
However here is a summary of facts.
Fact
This has never worked elsewhere when a state already has a waiver program (BTW Florida has one).
Fact
If facilities pull out like they did in the pilot program seniors may be sent to other counties away from all their family.
Fact
The Florida legislature has been given a proposal that actually will cut the deficit that they ignored.
Monday, May 2, 2011
Mobile - Feds: Fla. can't expand Medicaid pilot statewide :: The Republic
Feds: Fla. can't expand Medicaid pilot statewide :: The Republic
If this holds it is very good news for Seniors in Florida. This was/is bad legislation. However, people should not consider it over. Governor Scott has stated previously that he is prepared to pull out of the federal system to get this done. That would remove the primary funding source of funding for the aged and disabled. He is buying into a belief that this change will cut costs. There isn't any evidence that this will cut spending. The only other state where there was a reduction did not have a waiver program in place. Florida has a waiver program. Experts agree we will NOT see a reduction in spending.
If this holds it is very good news for Seniors in Florida. This was/is bad legislation. However, people should not consider it over. Governor Scott has stated previously that he is prepared to pull out of the federal system to get this done. That would remove the primary funding source of funding for the aged and disabled. He is buying into a belief that this change will cut costs. There isn't any evidence that this will cut spending. The only other state where there was a reduction did not have a waiver program in place. Florida has a waiver program. Experts agree we will NOT see a reduction in spending.
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