(prepared for informational purposes only and not intended as a substitute for legal advice) Note: The information provided below is based upon current laws and regulations, both state and federal. Because Medicaid laws and regulations are subject to change, it should be understood that any planning entails risks that cannot always be anticipated. What does “long… Continue Reading
Please Note: Most ALFs are private businesses with whom residents sign a contract. Private companies are not subject to the stricter rules for nursing homes who participate in Medicaid or Medicare funding streams. The protections listed below and found in Section 429.28 , Florida Statutes, are provided by the state of Florida: (1) No resident… Continue Reading
FLORIDA NURSING HOME BILL OF RESIDENT’S RIGHTS (Edited version – see Sec. 400.022, Fla. Stat. for entire text) All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement…. Continue Reading
There are four sources for paying for long term care (chronic illness) in the United States: a Medicare benefit that is limited to rehabilitation, Long Term Care insurance, private payment and the Medicaid program. The system is not designed to assist the majority of Americans, even the aged and disabled, with the health care costs… Continue Reading
What is an Health Care Directive? A Health Care Directive is a document granting of legal rights and powers from one person, the principal to another the surrogate. In order to be valid, the document must be signed by the principal, witnessed by two individuals (neither of whom is the named surrogate), and one of… Continue Reading
Concerned about Florida’s new power of attorney statute? Effective October 1st, 2011, Florida’s Power of Attorney statute received a major overhaul. Sweeping changes were made to how documents are to be executed, when and how they can be used as well as specific changes to frequently used powers. Contact us to discuss these important changes… Continue Reading
The phrase “planning for incapacity” refers to meeting with an attorney and preparing the legal documents which would be needed in the event an accident or illness left you without the ability to pay your bills, manage your finances or attend to other business and personal matters. The most significant decision to be made is… Continue Reading
There are many different types of guardianships and they are often confused. Parents of minor children are considered “natural” guardians for their children. Persons with mental health issues may have a “guardian ad litem” appointed to make treatment decisions while they are debilitated from illness. Children who are involved in a legal action may have… Continue Reading
Florida’s Constitution and its statutory laws contain significant protections for residents. One protection concerns the homeowner’s rights against creditors, and the other addresses the annual homestead tax exemption which affects the amount of property taxes which a homeowner will pay. “Homestead” property is real property which an individual owns and lives in with the intent… Continue Reading
EDWIN M. BOYER is a Florida Bar Board Certified Elder Law Attorney. He has practiced law in Sarasota, Florida since 1978. He received his Juris Doctor Degree in 1978 from
One of the most traumatic experiences that a family can have is when a family member passes away. Unfortunately, the trauma can be even worse if someone...
Elderly people work their whole lives to be financially secure when they retire. They will rely on that money to carry them through illness and other expenses...
On November 30th, the attorneys and staff of Boyer & Boyer, P.A. got together for Shoe Boxes for Seniors, one of our favorite holiday traditions. Shoe Boxes...
Thousands of Floridians were critically affected by Hurricane Michael. Homes were destroyed and lives were taken, but the legal community is doing everything they can to help...
The Veterans Administration (VA) published new rules that will make it more difficult to qualify for benefits like Aid and Attendance, a benefit that provides a cash...