The Law Firm Of Myrna Serrano Setty, P.A
The Law Firm Of Myrna Serrano Setty, P.A

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Medicaid

Have you ever wondered how your family would handle an unexpected health crisis or long-term care need? These moments often arrive without warning, leaving families scrambling to make important decisions under stress. The truth is, proactive planning can make all the difference in ensuring your loved ones are cared for and your wishes are honored.  In Florida, families face unique challenges when it comes to long-term care planning. From understanding Medicaid eligibility to navigating nursing home options, preparation is key. By addressing these questions early, you can protect assets, reduce family conflict, and ensure that care decisions reflect your true wishes.  One of the most important steps families can take is to create and regularly review essential estate planning documents. These may include a durable power of attorney, health care surrogate designation, and living will. These documents give trusted individuals the authority to make medical and financial decisions if you are unable to do so. Without them, families may need to turn to the court for guardianship, which can be time-consuming and emotionally draining.  Equally important is open communication. Having conversations with loved ones about care preferences, finances, and end-of-life…Read More

What You Need To Know: Medicaid Asset Transfer Rules

Medicaid is the government’s long-term care insurance for seniors and the disabled. There are income and asset eligibility requirements that must be met in order to qualify. One big issue is the transfer of assets. In order to be eligible for Medicaid, you cannot have recently transferred assets. Congress does not want you to move into a nursing home on Monday, give all your money to your children (or whomever) on Tuesday, and qualify for Medicaid on Wednesday. So it has imposed a penalty on people who transfer assets without receiving fair value in return. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid. The penalty period is determined by dividing the amount transferred by what Medicaid determines to be the average private pay cost of a nursing home in your state. Example: If you live in a state where the average monthly cost of care costs $5,000, and you give away property worth $100,000, you will be ineligible for benefits for 20 months ($100,000 / $5,000 = 20). Another way to look at the above example is that for…Read More

Getting Paid To Take Care Of A Sick Family Member

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 assessment to determine the recipient’s care needs—e.g., how much help the Medicaid recipient needs with activities of daily living such as bathing, dressing, eating, and moving. Once the assessment is complete, the state draws up a budget, and the recipient can use the allotted funds to pay for goods or services related to care, including paying a…Read More

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