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A California daughter and granddaughter’s fear of losing their home to Medicaid may have contributed to a severe case of elder abuse. If They Had Consulted With An Elder Law Attorney, They Might Have Figured Out A Way To Get Their Mother The Care She Needed And Also Protect Their House Amanda Havens was sentenced to 17 years in prison for elder abuse after her grandmother, Dorothy Havens, was found neglected, with bedsores and open wounds, in the home they shared. The grandmother died the day after being discovered by authorities. Amanda’s mother, Kathryn Havens, who also lived with Dorothy, is awaiting trial for second-degree murder. According to an article in the Record Searchlight, a local publication, Amanda and Kathryn knew Dorothy needed full-time care, but they did not apply for Medicaid on her…Read More

Although A Nursing Home Cannot Require A Child To Be Personally Liable For Their Parent’s Nursing Home Bill, There Are Circumstances In Which Children Can End Up Having To Pay This is a major reason why it is important to read any admission agreements carefully before signing. Federal regulations prevent a nursing home from requiring a third party to be personally liable as a condition of admission. However, children of nursing home residents often sign the nursing home admission agreement as the “responsible party.” This is a confusing term and it isn’t always clear from the contract what it means. Typically, The Responsible Party Is Agreeing To Do Everything In His Or Her Power To Make Sure That The Resident Pays The Nursing Home From The Resident’s Funds If the resident runs out…Read More

A new report that combines nursing home quality data with a survey of family members ranks the best and worst states for care and paints a picture of how Americans view nursing homes. The website Care.com analyzed Medicare’s nursing home ratings to identify the states with the best and worst overall nursing home quality ratings. Using Medicare’s five-star nursing home rating system, Care.com found that Hawaii nursing homes had the highest overall average ratings (3.93), followed by the District of Columbia (3.89), Florida (3.75), and New Jersey (3.75). The state with the lowest average rating was Texas (2.68), followed by Oklahoma (2.76), Louisiana (2.80), and Kentucky (2.98). Care.com also surveyed 978 people who have family members in a nursing home to determine their impressions about nursing homes. The surveyors found that the family…Read More

Caring for a sick family member is difficult work, but it doesn’t necessarily have to be unpaid work. There are programs available that allow Medicaid recipients to hire family members as caregivers. All 50 States Have Programs That Provide Pay To Family Caregivers. The Programs Vary By State, But Are Generally Available To Medicaid Recipients, Although There Are Also Some Non-Medicaid-Related Programs Medicaid’s program began as “cash and counseling,” but is now often called “self-directed,” “consumer-directed,” or “participant-directed” care. The first step is to apply for Medicaid through a home-based Medicaid program. Medicaid is available only to low-income seniors, and each state has different eligibility requirements. Medicaid application approval can take months, and there also may be a waiting list to receive benefits under the program. The state Medicaid agency usually conducts an…Read More

Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. In Florida, there’s Summary Administration and Formal Administration. The main phases of administering an estate involve: Gathering, identifying and valuing estate assets; Identifying, and satisfying creditor claims and paying final taxes; and Distributing the balance of the estate assets to the intended beneficiaries. Probate is not evil. But it is not a fast process and families often get frustrated with the process and stressed about paying creditors. The most common complaints about probate include the following: It takes too long. It costs too much. It’s a public process, involving a judge. In our experience, one of the main stumbling blocks we see for families involved…Read More

Once you or your parents reach senior status, you really can’t afford to put it off any longer. Unfortunately, without proper planning, seniors can lose everything, even if they have family to look after them. Having a will isn’t enough. More and more, the media is highlighting stories of seniors being taken advantage of, and even being targeted by unscrupulous professional guardians. While planning for your incapacity and death can be scary, it’s even scarier to think of all the horrible things that can happen to your family if don’t have the right planning in place. Here are a some of the most common mistakes that seniors make: Mistake #1: Not Creating Advance Medical Directives In your senior years, health care matters become much more relevant and urgent. At this age, you can…Read More

Since estate planning involves thinking about death, many people put it off until their senior years, or simply ignore it all together until it becomes too late. This kind of unwillingness to face reality can create a major hardship, expense, and mess for the loved ones and assets you leave behind. While not having any estate plan is the biggest blunder you can make, even those who do create a plan can run into trouble if they don’t understand exactly how estate plans work. Here are some of the most common mistakes people make with estate planning: 1. Not Creating A Will While wills aren’t the ultimate estate planning tool, they are one of the bare minimum requirements. A will lets you designate who will receive your property upon your death, and it…Read More

If you are considering a divorce, it’s critical to understand the impact of your divorce on what would happen in the event of your incapacity or death, either during the divorce or after. Until the Final Judgment is signed by the judge, without modifications to your estate planning, the soon to be ex-spouse may still have decision making authority even though there is a divorce pending. Unfortunately, most divorce lawyers don’t give much thought to incapacity or death, simply because they do not have training on these issues specifically and it doesn’t seem like a pressing issue when they’re advising you through your divorce. That’s why it’s important for you to seek our advice at the beginning of the divorce process. Here are some things to keep in mind: As soon as you…Read More

Are you one of the American’s in the 88th percentile who sets at least one resolution? Resolutions are well-intentioned, but most people fail at keeping them. We live in a throwaway society and even our resolutions aren’t immune. On average only 20% of us keep our resolutions. Check out these tips for achieving your goals.  Make a game plan.  Break it down and make it less intimidating.  Ask friends and family members to help so you have someone to be accountable to.  Reward yourself with each milestone.  Don’t do at it alone.  Get professional assistance, sometimes a friend just isn’t enough. Best Wishes For A Happy And Healthy New Year! This article is a service of the Law Firm of Myrna Serrano Setty, P.A. We don’t just draft documents, we help you make informed…Read More