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Florida Legal Observer

Posts belonging to Category 'Elder Law News'

Life Care Planning Team Becomes Respecting Choices Facilitators

I love our life care planning practice.  Every day we are making a difference in our client’s lives, whether we are helping our clients find good care in a hospital or nursing home, putting correct estate planning documents in place or helping protect assets from the great expenses of long term care, we know that our families are in good hands and that their pressures are less.

As part of our quest to help families with their aging loved ones, our team recently took the Advanced Care Planning facilitator course offered by Project Grace.  This class, as part of the Gundersen Health System, was designed to help social workers, doctors, attorneys and hospice staffs talk to their patients/clients about correctly implementing advanced directives.  Although I have been practicing law for almost 13 years, I found the class to be extremely rewarding.

An advanced directive is a class of documents that work together to help people when they are incapacitated or dying.  These documents generally include living wills, healthcare surrogates, do not resuscitate orders and more.  Although I am on the Project Grace board of directors and have talked to clients for years about their living wills, it is only now that I have learned the best way to help my clients, and their families, to openly discuss their healthcare concerns so that their wishes are followed in difficult times.

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Aging With Dignity – May 2012 Free Workshop

Join Florida elder law attorney Rep DeLoach for a free Aging With Dignity workshop at the law office of DeLoach + Hofstra, PA on May 23rd from 3-5pm. Seating is limited, to be sure to RSVP by calling Donna at 727-835-5502.

Topics for this informative workshop will include:

  • Estate Planning Checkup
  • Power of Attorney Update
  • Medicaid and Veterans Benefits
  • End of Life Decision Making
  • Assistance with Care Givers

“Rep” DeLoach is uniquely qualified to help educate the St Petersburg community on Elder Law and Elder Care Law as one of very few Board Certified Elder Law Attorneys in Florida. “Rep” has a passion for working with seniors and educating both seniors directly and their families on how to properly plan for the “Golden Years”.

When: May 23rd @ 3-5pm
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Who: FREE TO PUBLIC
Where: Law Office of DeLoach + Hofstra
8640 Seminole Boulevard
Seminole, FL 33772
RSVP to 727-835-5502

Keeping Your Parent Active in Their Golden Years

Active Seniors Are Happy Seniors

When seniors remain active they tend to remain happier.

Activity is what helps slow the aging process for seniors.

As a certified elder law attorney I speak to many people are worried that once their loved one enters an elder care facility they will become bored and potentially resentful of being place in a nursing home or assisted living facility. The best way I have found to combat boredom in seniors is to explore the many ways to keep them active, no matter where they live. Seniors have spent their lives being active with their careers, families, hobbies, and sports. It is important to maintain a safe level of activity once a senior is unable to take part in those things they once enjoyed. Talking about keeping your loved one moving and socializing is easy, but I know that finding a way to keep your elderly parent or family member active is often difficult.

Find Activities The Interest Your Loved One

To start your search for finding safe and fun activities think about what you know about their passions and interests. Look for facilities that offer activities that they may be interested in and then explore the many things to do in their area. Our sunny and warm Florida weather allows for quite a few senior activities to run year round. Even in bad weather, there are so many things for seniors to do you can find something to keep them busy.

Ideas For Keeping Seniors Active In The Tampa Bay Area

Senior Centers – There are many senior centers in Pinellas, Manatee, and Hillsborough counties. Below are links to sites listing senior centers in the area and the entire state of Florida:

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Life Care Planning At Oak Manor May 2012

Elder Law Attorney “Rep” DeLoach will leading a discussion for the Largo community on Life Care Planning, Estate planning and the changes with the Power of Attorney. Come join Rep and learn how to plan for your future and where to get answers to questions about long term care.

“Rep” DeLoach is uniquely qualified to help educate the St Petersburg community on Elder Law and Elder Care Law as one of very few Board Certified Elder Law Attorneys in Florida. “Rep” has a passion for working with seniors and educating both seniors directly and their families on how to properly plan for the “Golden Years”.

Be sure to join “Rep” DeLoach at Oak Manor on Thursday, May 10th at 11am.

When: May 10th @ 11am
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Who: Largo Community
Where: Oak Manor
3600 Oak Manor Lane
Largo, FL 33774
RSVP to 727-581-9427
www.oakmanorliving.com

Finding Great Dementia Or Alzheimer’s Care For Your Loved One

A quick glimpse into the facts of Alzheimers.

Used with persmission from www.caring.com

Finding a Florida based dementia or Alzheimer care facility that affordably cares for your family member in the way they deserve can be almost impossible without some knowledge and research. Over the years I have learned a number of tricks in how to help my clients get the best care possible. While many people feel that the only way to ensure their loved one is cared for properly is to use in home care, the costs, both tangible and intangible, associated with 24 hour 1-on-1 care is usually prohibitive. I have helped hundreds of people create life care plans for their loved ones who are experiencing the onset of dementia, only one has chosen to use in home care. Since in home care is usually not possible, the question becomes how do you choose a facility to provide your parent, grandparent, sibling, or other family member with great long-term dementia or Alzheimer’s care.

Evaluating A Care Facility

My experience has provided me with many insights in how to evaluate potential facilities in Florida for the proper care of the dementia and Alzheimer’s patients. The first thing to keep in mind is to start the process as soon as possible, before there is a critical need for it. You should try to involve your loved one as much as you possibly can to help them become more comfortable with where they may eventually live. It is important to keep in mind that, even if a facility may say that it has the ability to care for Alzheimer or dementia patients, they may not actually have everything necessary to care for your loved one’s special needs.

Starting Your Search For Quality Care

The State of Florida’s Nursing Home Guide is a good place to start your search for a facility, but do not use their ratings as the only, or most important, part of your decision. Once you have a list of two or three facilities, you need to visit each facility, both announced and unannounced, during both days and nights and on weekdays and weekends. It is very important to see the entire facility and make sure you visit at least once during a mealtime.

Pay Attention To The Details

During your visits to each facility you should evaluate it based on many specific factors.  Some individual needs, like your loved one’s propensity to wander, make it difficult to tell you the specific points to observe, however I have found that each of the hundreds of evaluation items fall into a few broad categories. These categories include: Continue Reading »

Life Care Planning @ Oak Manor

Elder Law Attorney “Rep” DeLoach will leading a discussion for the Largo community on Life Care Planning, Estate planning and the changes with the Power of Attorney. Come join Rep and learn how to plan for your future and where to get answers to questions about long term care.

“Rep” DeLoach is uniquely qualified to help educate the St Petersburg community on Elder Law and Elder Care Law as one of very few Board Certified Elder Law Attorneys in Florida. “Rep” has a passion for working with seniors and educating both seniors directly and their families on how to properly plan for the “Golden Years”.

Be sure to join “Rep” DeLoach at Allegro on Thursday, April 12th at 11am.

When: April 12th @ 11am
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Who: Largo Community
Where: Oak Manor
3600 Oak Manor Lane
Largo, FL 33774
RSVP to 727-581-9427
www.oakmanorliving.com

Medicaid In Florida: Eligibility, Income, and Assets

On an almost daily basis I hear stories about medical costs, like nursing home care, causing seniors and disabled people to become unable to financially support themselves. I am thankful that Medicaid was designed to step in and help out some of these deserving people. In certain cases Medicaid provides some monetary nursing home assistance to people over 65 who have a fixed, or low, income. It is a common misconception that Medicaid is run by the federal government.  In reality it is administered by every state individually, with each state having different qualification criteria and coverage amounts. In Florida, a singl person is only allowed $2,000 in countable assets and no more than $2,094 of income a month.  With a married couple, the spouse at home (known as the community spouse) is allowed to have $113,640 in countable assets.  Thankfully, Florida has taken typical persons mobility, housing, and life care needs into account by excluding vehicles, homes, and life insurance from the calculation of assets as long as they meet certain requirements.

Income Defined By Florida Medicaid

Just like each state has different requirements for gross income levels, each state can also define what income is. If a person’s spouse still lives in the community their income is not factored into theirs. In Florida, income includes:

  • Social Security
  • Pensions
  • Annuity distributions
  • Interest from savings
  • Dividends
  • IRA distributions
  • Money from ongoing business concerns
  • Properties that produce income (i.e. rental property)

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Life Care Planning @ The Allegro

Elder Law Attorney “Rep” DeLoach will be presenting to the residents and surrounding community of Allegro Senior Living Facility. This seminar will focus heavily on Life Care Planning, Estate Planning, Wills, Trust, and Power of Attorney’s.

“Rep” DeLoach is uniquely qualified to help educate the St Petersburg community on Elder Law and Elder Care Law as one of very few Board Certified Elder Law Attorneys in Florida. “Rep” has a passion for working with seniors and educating both seniors directly and their families on how to properly plan for the “Golden Years”.

Be sure to join “Rep” DeLoach at Allegro on Thursday, March 8th at 12pm. RSVP with Shannon Harvey at Allergo – (727) 231-6771.

When: March 8th @ 12pm
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Who: St Petersburg Community
Where: The Allegro
4600 54th Avenue South
St. Petersburg, FL 33711
www.allegroliving.com

Long Term Elder Care Payment Solutions

Long Term Care Takes Planning

Planning for long term care in Florida can save you and your loved ones an enormous amount of money and frustration.
Many of us will need to use long-term care at some point in our lives. Longer life spans are a benefit of advances in medical care, but it also means that we need to plan for our future needs. In-home care is a great solution, but in many cases a higher level of care is needed. In most cases, a nursing home or assisted living facility are the only options for affordable long term care. When it comes time to transitioning away from the home, most do not realize the cost of long term care. Government programs to help pay for long term care are few and far between and getting clear information on these various programs is difficult. Long term life care is confusing and leaves many wondering, “What are my options for paying for long term care?”

Long Terms Care Payments: Your Options

Medicare – This government run health insurance only covers skilled care after a three (3) day hospital stay. Medicare can pay up to 100 days of care with a co-pay after the first 20 days. The reality is that few of our clients, if any, receive Medicare for this 100 day period as most do not need rehabilitative therapy for this length of time. As your elder law advocate, we know how to work with Medicare to get the most coverage possible.

Medicaid – Medicaid can be accessed to pay for nursing home or assisted living benefits under certain circumstances. Medicaid is a needs-based government program, meaning your assets must be clearly documented and accounted for. The program has very strict income and asset limits. Due to the complexities of trying to access Medicaid while trying to preserve your assets, you will need a good elder law attorney to help walk you through this process and make sure that the assets you worked for your entire life are protected.

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The Benefits of Life Care Planning

What Does A Life Care Plan Do?

When your loved one is facing imminent long-term care, dementia or other age-related concerns, you need a Life Care Plan that combines asset protection and care coordination. With a Life Care Plan, the elder gets the proper care sooner, maximum independence for as long as possible, and the ability to age with dignity. With a Life Care Plan, the family gets help finding the right care and services; continuing guidance with legal, health care and long-term care decisions; and the security of knowing the elder is receiving quality care. Without a comprehensive plan in place, family member’s find themselves going through a maze, not knowing where to turn for answers or what to do about the many issues that arise.

Like a traditional estate and asset preservation plan, a Life Care Plan includes the legal protection needed to safeguard assets, honor your loved one’s wishes and provide for family members. But your plan shouldn’t stop there. You need a plan that continually works to ensure your loved one’s long-term care, their financial, physical and psychological needs, will be met. The plan should be a road map for total care with the goals of maximizing your loved one’s quality of life, helping the caregiver navigate a difficult healthcare system, and preserving wealth, when appropriate.

Why Life Care Planning?

We know that families need help in dealing with an aging loved one. It takes special training and familiarity with the industry to be able to help a family member receive the correct health care in the correct setting (nursing home, assisted living, etc.). Families do not know where to turn in getting good health care, much less in helping answer the legal questions and then finding a way to pay for it all. At DeLoach + Hofstra, PA, we know families face more decisions than just asset protection planning, so, we created our Life Care Planning program to make sure families get help with all of the issues they face.

With us, your Life Care Plan includes all of the legal services (wills, trusts, asset protection planning offered by most elder law attorneys) plus the use of our Elder Care Coordinator. Your Elder Care Coordinator is your guide throughout your life care plan. She is available to assist you with of your health care and placement decisions and other aging and disease related issues. Your Elder Care Coordinator brings our legal and financial plan together with the best health care possible.

Depending on your needs, your loved one’s Life Care Plan will include the following services:

  • Legal Services to protect assets, coordinate public and private resources to pay for long-term care, and preserve family wealth for future generations.
  • Advocacy Services to help you get the highest quality health care and long-term care for your loved one.
  • Care Coordination Services by qualified persons who help you advocate to protect and promote your loved one’s quality of life.

Please contact me, “Rep” DeLoach, for an initial consultation to answer your questions about your aging loved one. As a board certified in elder law attorney, we will work hard on your behalf to give you the help you need. Call me at 855.835.5502, or fill out the form on this page, to get your initial consultation scheduled.

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Local: 727.397.5571 Toll Free: 888.397.5571
8640 Seminole Boulevard Seminole, FL 33772