Video Transcription: Filial responsibility refers to the obligation imposed by statute, in many states, holding family members liable for the costs of care and upkeep for an elderly or disabled loved one. These laws differ depending on which state you are in. And some states, like Florida, do not have filial...
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Blog & ResourcesWhat is the penalty period with Medicaid?
Video Transcription: Medicaid penalizes transfers for less than fair market value. This is referred to as the penalty period. The penalty period is calculated by taking the value of the transfer for less than fair market value divided by what the state has determined is the current monthly cost of care in a nursing home....
What is elder abuse?
Video Transcription: Elder abuse is the physical, emotional, sexual, psychological, or financial abuse of an elder. Defined as someone aged 60 or older. Many states have expanded the definition of elder abuse to also include other vulnerable individuals such as those with a disability. If you suspect elder abuse please...
What is SSI?
Video Transcription: SSI stands for supplemental security income, which is an income and asset means-tested program that provides income to children and adults with disabilities through the Social Security Administration, or individuals over age 65 who are retired and meet those same guidelines.
What is a nursing home?
Video Transcription: A nursing home is a medical facility that provides round the clock nursing care for individuals who need rehabilitation care as well as long-term care. This includes assistance with your activities of daily living, medication management, and assistance such as physical therapy and speech therapy.
Who should I name as trustee of a supplemental needs trust?
Video Transcript: If you're creating a Supplemental Needs Trust, you should appoint a trustee who has knowledge of government benefits such as Medicaid and supplemental security income of the individual who is the beneficiary of the trust. The trustee should also be someone who can manage money and is trustworthy.
What is a guardianship?
Video Transcript: A guardianship is a court proceeding in which the court determines whether an individual is incapacitated and needs the assistance of someone to make medical and financial decisions. This individual is court-appointed and court-supervised, and often, this guardianship will last the remainder of an...
What is SSDI?
Video Transcript: SSDI stands for Social Security Disability Insurance. This is the program where workers pay into over time. We call it being insured. Once you've paid in, and you become disabled, it is a benefit that's paid to you and your family. If you have children under the age of 18, they may also receive a...
What is a presumption of undue influence in Florida?
Video Transcription: Under Florida law, a presumption of undue influence is created when certain factors are present in the changing of an estate plan, such as the presence of a beneficiary of assigning, the presence of the beneficiary at the discussion with the attorney regarding that estate plan. It also means that when...
Why should I hire an elder law attorney?
Video Transcription: You should hire an elder law attorney if you or your family are in need of information or assistance in providing care for an elderly loved one or someone with disabilities. Elder law attorneys have special knowledge regarding government benefits, nursing home regulation, as well as the court systems...