Florida Elder Law Blog - ElderLawAssociates.com

Long term care is often a painful necessity for most of us. And paying for long term-care is not easy. Most people would not choose to live in a nursing home; however, sometimes it is unavoidable. The average monthly cost of nursing homes in our area exceeds $6,500. Assisted Living and home care are also very expensive.

Over the next few weeks, though, I will share a few common misconceptions about long-term care and why they are not true.

Myth #1 - Medicare will cover my nursing home bill

Not true. Medicare is a federal program that provides very limited coverage for certain short-term nursing home stays but no coverage for long-term care in a nursing home.

Many people confuse Medicare with Medicaid, since the names are very similar; however, the programs are very different. Medicaid is a means-tested program, which has very strict income and asset requirements. Medicaid will pay for long-term care if you qualify. Medicare will not pay for long-term care. This may seem unfair, but it is the law.

--Howard Krooks, JD, CELA

The 2008 Regular Session of the Florida Legislature recently adjourned. Ellen Morris, Legislative Chair of The Florida Bar's Elder Law Section and Howard Krooks, member of the Joint Public Policy Task Force of the Florida Bar Elder Law Section and AFELA are pleased to share with you the following breaking news from the Session.

It is anticipated that, effective July 1, 2008, 14,000 slots for the diversion program will be funded. (It is not clear at this time whether the 1,000 slots that were supposed to be added in January 2008 but were never implemented are included in the 14,000 number.) Governor Crist still has the right to veto this part of the budget but as he and Lt. Governor Kottkamp were instrumental in getting these funds, it is doubtful that will occur.

--Leslie Lautin Davis, Director of Marketing, Elder Law Associates

Partner Ellen S. Morris recently published an article entitled Planning for the Disabled and Elderly: Special Needs Trusts in the Spring 2008 edition of Advocate - a publication of the South Palm Beach County Bar Association. The article explores how the use of a special needs trust can be an excellent means to care for and protect the elderly and the handicapped.

Click here to read the entire article.

I have the distinct pleasure of having been named as the Program Chair of the New York State Bar Association's Elder Law Section Summer Meeting in Baltimore, MD on August 14-17, 2008. The program is Co-sponsored by the Maryland Bar Elder Law Section.

I look forward to seeing many of you there! (Click here for more information on the meeting.)

-- Howard Krooks, JD, CELA

I will be speaking not once, but twice at the 10th Anniversary Family Cafe Conference, June 13-15, 2008 in Orlando, FL.

Topics include "Working With the Personal Injury/Medical Malpractice Attorney to Establish a Special Needs Trust or Other Tools for Protecting a Settlement" and "The Impact of the Deficit Reduction Act of 2005 on Florida’s Elderly and People with Disabilities."

For more on the conference and my speaking schedule, click here.

-- Ellen Morris, JD

I will be attending the NAELA Board of Directors meeting on May 13, 2008 and presenting at the NAELA Symposium: Ka 'Ohana NAELA: Celebrating our Past, Visioning our Future, May 14-18, 2008 in Maui, Hawaii.

I will be in a panel presentation on "DRA Implementation - The Practitioner's Response." Practitioners from five states (including me, from Florida) that have implemented the DRA will explain the impact on their practices. Based on a "typical" fact pattern, we will explain what planning options have survived the DRA, what new options have emerged, and how they have had to modify their approach.

Hope to see you there!

--Howard Krooks, JD CELA

As promised, here's the second part of the interview on Elder Law from WINK radio. This piece focuses on special needs planning.

Click here to listen to part II of the interview.

Again, if you have any questions on any part of the interview, or just have any questions at all on elder law, long-term care, special needs planning or medicaid planning, feel free to use our handy contact form: http://www.elderlawassociates.com/contactus.html

--Howard Krooks, JD, CELA