Clay County Florida Elder Law Attorneys
Elder law legal issues include Medicare and guardianship
Medicaid and Medicare are easily confused because they sound so similar, but they are very different programs.
Medicare
- Federal benefit program
- Provides health insurance for all retirees who receive Social Security benefits
- Usually does not cover the costs of long-term elder care
Medicaid
- Joint federal-state entitlement program
- Provides medical coverage for people with low income
- The most typical source of coverage for long-term care
Medicaid Institutionalized Care Program (ICP)
If you do not have significant private funds or a costly private insurance policy, you will most likely pay out-of-pocket for long-term care until you become eligible for Medicaid. There are many serious pitfalls to avoid, and we urge you to work with us to preplan your long-term care through the Florida Medicaid ICP Program.
ICP is also known as the Nursing Home Care Program
- You must satisfy the asset requirement test
- You also need to pass an income requirement test
Protect your home with an Enhanced Life Estate Deed
Medicaid is an important benefit that you should be fully prepared to accept. If you do not take the necessary steps, you could lose your home—and your heirs could be limited in their access to your bequests. You need proper legal guidance to set up your Medicaid plan safely and correctly.
Florida guardianship
The Florida Circuit Court, Probate Division has jurisdiction over legal guardianships in Florida. A guardian may be needed for a parent, child, or other family member. Due to the complexity of this area, a thorough understanding of the affected person's situation and needs is necessary for a legal recommendation on a course of action in guardianship court.
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Voluntary guardianship
Under Florida law, a person who is mentally competent but who—by reason of age or physical infirmity—needs assistance in managing his or her property may petition the court to establish a voluntary guardianship of the property.
Involuntary guardianship
This area of guardianship is necessary if the ward is determined to be incompetent by a doctor, a caseworker, and a layperson.
Plenary guardianship
As the most restrictive type of guardianship, the ward is unable to retain any rights.
Limited guardianship
The ward is able to retain some rights, but not all. Personal rights can be removed, including:
- The right to marry
- The right to vote
- The right to personally apply for government benefits
Other rights can be delegated to the guardian, such as:
- The right to apply for government benefits
- The right to determine residence
- The right to consent to medical treatment
Guardian advocates
When a person with developmental disabilities is unable to look after his/her health or safety, the guardianship order specifies the powers and duties of the guardian advocate.
Guardian ad litem
The guardian ad litem represents children and vulnerable adults' interests in court.
- Conducts interviews and investigations
- Participates in court hearings or mediation sessions
- Provides independent advice to the court
Baker Act
- Florida Mental Health Act of 1971
- Protects elders from being inappropriately committed by family members seeking to control the estate
- Allows for the involuntary commitment of elders when appropriate for their safety
- Examination must show evidence that:
- the person has a mental illness
- the person is a harm to self, harm to others, or self neglectful
Marchman Act
- The Florida Substance Abuse Impairment Act
- Allows for involuntary admission to substance abuse treatment center
Special situations require specific solutions
More options are available if we can plan ahead for the special needs of the affected family member. Regardless of your family's situation, we are available to help you determine what custom fit is best for your family's needs. To discuss your choices, please contact us.
For more detailed information on Elder Law, Grady Williams recommends the resources at elderlawanswers.com.
