Elder Law


Durable Power Of Attorney In Florida

What is a Durable Power Of Attorney?
A power of attorney is a legal document that allows one person to grant to another person the legal authority to make decisions on the first person's behalf. The legal authority granted can be significant, including the ability to sell or purchase real estate, transfer money, buy or sell securities, make gifts, and the like. "Durable" means that the document will survive incapacity. It can avoid the high expense and delay of Court appointed guardianship.

Here are two examples of when a power of attorney will be used:

An elderly widow living in Hallandale who finds it difficult to manage her financial affairs, wants to give the legal authority to her eldest son to write checks on her bank account in order to pay her monthly bills and expenses, and to liquidate certain of her assets. A grandfather decides to sell his house in Kendall and move close to his daughter in Aventura, but he does not feel comfortable about going to the closing. He wants to give the legal authority to his daughter to complete the sale on his behalf. Each of these examples illustrates when a power of attorney will be beneficial. Requiring two co-attorneys-in-fact will reduce chance of fraud. Attorney Mark A. Roseman will advise you on the proper uses of a power of attorney to manage your financial affairs and other matters, and on the particular clauses that should be included in the power of attorney to make it durable, and to make it useful for the purposes required, such as to allow the attorney-in-fact to make necessary decisions for Medicaid planning.

Existing Durable Power of Attorney?
If you already have a durable power of attorney, it should nevertheless be reviewed by an experienced Elder Law and Probate attorney to make sure that it has all of the clauses needed for proper Medicaid planning under Florida law. Contact Attorney Mark A. Roseman to determine the appropriate Power of Attorney to address your needs. Call (954) 963- 8719.


Medicaid Planning Florida Attorney


If I Need to Apply for Medicaid Benefits for Home Care or Nursing Home Care what will happen to your home and other property? Medicaid may pay for home care, nursing home care or assisted living facility for qualified applicants. Medicaid is a joint program of the Federal, State and local governments. Strict eligibility guidelines are in place for Medicaid applicants and recipients. These guidelines are administered through your local Medicaid agency and are based on your income and assets. Spousal income, assets and property are subject to the eligibility requirements for married couples.

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How To Protect Your Assets:

Asset Protection & Medicaid Planning !!

With proper legal advice and comprehensive Medicaid Planning from a qualified Elder Law and Probate attorney, you may be able to conserve some your life's savings, and your home, for yourself and your family. Without proper advice and planning, under the Medicaid eligibility guidelines, you will not qualify for benefits in Florida. Florida seniors, as well as the disabled under 65, and their families and friends, are rightly concerned about the medical and financial issues that accompany aging or disability. Absent comprehensive Medicaid planning, the current guidelines leave the elderly or disabled with very little money or property to pay for luxuries or necessities, or to make any provisions for their heirs. Preserving Your Life's Savings

Because of the eligibility guidelines, and the complexity of public benefit programs, legal advice from an experienced Elder Law and Probate lawyer is a necessity if you are concerned about preserving your life's savings. Florida Medicaid Planning attorney, Mark A. Roseman, can assist you with comprehensive Medicaid Planning, all done with strict adherence to Federal, Florida State and local laws. Elder Law and Probate attorney, Mark A. Roseman, can:

  • EXPLAIN: the Medicaid rules to you, including significant changes in 2006.


  • PREPARE AND SUBMIT your Medicaid Application.

  • PROVIDE you with a strategy and a comprehensive plan of action.

  • PREPARE appropriate legal documents for you, e.g., Trusts, Wills and Durable Power of Attorney.

  • ADVISE you on Long Term Care and Annuities.


The Medicaid Planning attorney Mark A. Roseman understands your needs. He will counsel you on the available options that may include special needs trust, annuities, or other strategies. Attorney Roseman will try to satisfy your goals, and assist you with a comprehensive Medicaid strategy. South Florida Medicaid Planning lawyer, Mark A. Roseman, can advise you whether you are elderly, a senior citizen, or permanently disabled.


Health Care Surrogate in Florida

What is an Advance Directive?
An "Advance Directive" is an instruction given by you concerning the medical treatment or care that you would want - or would not want - should circumstances arise where you are no longer capable or competent to give such an instruction. Advance Directives are the best way to ensure that your express wishes for health care are known and honored.


Elder Law and Probate Attorney Mark A. Roseman will advise you with the following advance directives:

  • Health Care Surrogate Designation Form

  • Living Will

  • Do Not Resuscitate Order (DNR)


What is a Health Care Surrogate Designation Form? In Florida State, the law allows you to designate an individual as a "health care surrogate". Your healthcare surrogate should be someone you trust to make decisions about your medical treatment and care when you are unable to speak for yourself. Your Health Care Surrogate Designation Form also allows you to write down your desired medical treatment decisions in advance. If a doctor or other health care provider refuses to honor your written wishes, your surrogate can obtain a court order from the County Circuit Court to require them to honor your wishes.


Living Wills


A Living Wills allows you to write down instructions that express your wishes regarding health care, especially about end-of life care. It permits you to authorize termination of artificial life support if you suffer from a terminal condition. Doctors sometimes interpret standard Living Wills as if you do not want all reasonable efforts made to treat you if you have a serious condition. If you want to avoid such an interpretation, you need a customized law document tailored to your particular health situation.


Do Not Resuscitate (DNR)


A Do Not Resuscitate Order (DNR) only expresses your wish to do without cardiopulmonary resuscitation (CPR), i.e., the emergency treatment to restart your heart and lungs if either your heart or lungs stop functioning. These are the only instructions that are provided to care givers through a Do Not Resuscitate Order (DNR). Senior citizens, the disabled and their families and friends from the South Florida are invited to contact Attorney Mark A. Roseman and feel comfortable and confident that their lawyer will advise you on any of the above mentioned matters with compassion and understanding. You may also call the firm at (954) 963- 8719.


Florida Trusts


Trusts are entities under Florida law that are formed, for a variety of reasons, to hold money and property. Trusts can be used to protect your assets. A special needs trust protects assets for a beneficiary who still obtains Medicaid and other governmental benefits.

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Conserve Your Assets


For Medicaid Planning or other reasons, trusts are used to place the property of an individual into the hands of a Trustee. This property may still be used for the benefit of the individual who created the trust. However, the money or property or income that is transferred to the trust no longer belongs to that individual, it belongs to the trust. As a result, the assets in the trust may not have to be counted when the trust beneficiary applies for Medicaid. Otherwise, if the individual retains, or retains control of, the same savings or property or income, he will be required to "spend down" to $2,000 before he can qualify for Medicaid.


Trusts And Medicaid Planning


For Medicaid Planning, different kinds of trusts may be used, depending on the individual client's specific circumstances. South Florida Medicaid Planning lawyer Mark A. Roseman will advise you on whether a trust is appropriate for your needs; he will assist you in maximizing the benefits that may be available to you by means of a trust to protect your assets. Call (954) 963- 8719 to schedule an appointment.


Long Term Care Insurance


How to Plan and Pay for Long Term Care Expenses

When planning how to pay for long term care, one of the options to be considered is Long Term Care Insurance. The insured pays premiums to the insurance company, in exchange for the payment of benefits in the event that the insured becomes eligible. This type of insurance is designed to help pay for long term care expenses for people of any age who suffer from a chronic illness such as a stroke or Parkinson's Disease, or who have a cognitive impairment such as dementia or Alzheimer's Disease


Issues To Consider Regarding Long Term Care Insurance

Families should pay attention to several issues when considering Long Term Care Insurance, including:

  1. Cost. For many families, this kind of insurance is simply not affordable.

  2. Pre-existing medical conditions. If you are already ill or suffering from a cognitive impairment, you may not qualify for Long Term Care Insurance.

  3. Owning a policy does not mean that you are automatically covered for any expense for as long as you need it. All of these policies have limits on the amount paid per day, the beginning date, and the benefit period.

  4. All policies will have eligibility requirements that depend on the insured's functional capacity to perform the "Activities of Daily Living". These include bathing, dressing, toileting, transferring, continence, and eating, or if the insured suffers a severe cognitive impairment.


Contact South Florida Attorney Mark A. Roseman via email or at (954) 963- 8719. He will assist you in determining whether Long Term Care Insurance should be a part of your planning for payment of long term care expenses, and can also assist in analyzing the benefits of particular policies.