Protecting Your Family’s Assets from the Unlicensed Practice of Law
The Unlicensed Practice of Law (UPL) in Medicaid Planning is a significant growing problem. So much so, that both the Florida Bar and the Supreme Court of Florida have taken action regarding this area of concern. In 2015, the Supreme Court of Florida approved an advisory opinion to address Medicaid Planning activities by non-lawyers (No. SC14-211). The advisory opinion outlined what non-attorney Medicaid Planners can and cannot do in the area of Medicaid Planning. Furthermore, the Supreme Court of Florida affirmed that attorneys who work with non-attorney Medicaid Planners must have an independent relationship with the client, and attorneys cannot be directed by non-attorneys as to what legal strategies that can be used in a given case. You will find in this book:
- An overview of the Florida Supreme Court Medicaid Planning Advisory opinion.
- The dangers to both the nursing home – and their residents – from working with unlicensed, unregulated, uninsured, and untrained non-attorney Medicaid Planners.
- What is the unlicensed practice of law in Florida?
- Who is allowed to practice law in Florida?
- Nursing home referral liability.
- Who regulates non-attorney Medicaid Planners in Florida.
- Four things a non-attorney Medicaid Planner cannot do.
- Does a non-attorney Medicaid Planner have legal malpractice insurance?
- Financial exploitation of the elderly.
The Importance of a Properly Drafted Durable Power of Attorney Guide
Probably one of the most important legal documents needed by all seniors is a current Durable Power of Attorney (DPOA). A current DPOA is one that meets the requirements set in the law on October 1, 2011. If you want Medicaid coverage for nursing home or assisted living your DPOA is one of the most important documents needed. If your DPOA (not just a Power of Attorney but a Durable Power of Attorney) does not meet the requirements, one could have to go to court to seek a Guardianship instead which is an expensive and long process.
A Book for Disabled or Elderly Veterans and Their Surviving Spouses
Over 1.6 million U.S. veterans of all ages live in Florida, which is the third largest population of veterans in the U.S.
As a veteran, or the surviving spouse of a veteran, you may be eligible for various lesser-known benefits and services provided by the U.S. Department of Veterans Affairs (the VA) and the State of Florida.
Veterans Benefits for the Florida Resident explains VA and potentially applicable state benefits programs, who qualifies, how to get started and what to expect.
- The History and Background of the U.S. Department of Veterans Affairs
- Service Connected Veterans Benefits: Disability Compensation
- Non-Service Connected Veterans Benefit: Pension
- The Interplay Between Florida Medicaid Benefits and VA Benefits
- Legal Strategies for Obtaining Non-Service Connected Pension Benefits
- VA Office of General Counsel, and VA Accredited Attorneys and Agents
- The Future of Benefits Planning and the Unlicensed Practice of Law
- Complete with notes and an index.
Protecting Your Family’s Assets in Florida
How to Legally Use Medicaid to Pay for Nursing Home and Assisted Living Care
Did you also know that many people with proper planning can qualify for Medicaid?
Whether you’re planning for your family’s future or you desperately need lawful answers right away to help your loved one, Protecting Your Family’s Assets in Florida, now in its second edition, may be able to help.
|Protecting Your Family’s Assets in Florida||Purchase the book at these locations:|
|How to Legally Use Medicaid for Nursing Home and Assisted Living Care||Paperback Edition: click here|
|By Attorney John R. Frazier||Kindle Edition: click here|
|Nook Edition: click here|
This book covers the subject of Medicaid in the State of Florida like nothing I’ve ever seen. My attorney said she was “going to write this book.” However, she was so pleased when I took it in for her to review. She said she would order at least 3 to use in her office.
My deepest gratitude to John Frazier for making this book available, especially for the elderly. A. Clawson
Did you know that in Florida, private-pay costs at nursing facilities can exceed $6,000 per month? Costs can total more than $70,000 per year. This life-changing reality has devastated thousands of families financially, wiping out in months what it took a lifetime to build.
Yet there often is a financial and legal solution to the high cost of nursing home and assisted living care that most people and many attorneys do not fully understand: The Florida Medicaid Program.
Isn’t Medicaid only to be used by the very poor?
Not at all. One purpose for this book is to reveal to you the opportunities that are legally available to you through Medicaid. With proper planning and attorney counsel, even those whose assets and income greatly exceed the limits for Medicaid may be able to qualify for benefits.
Protecting Your Family’s Assets in Florida walks you step-by-step through many strategies that you and your family can use to qualify for Medicaid assistance.
New Medicaid and Elder Law Information for 2012
The second edition has been expanded to include the most recent Medicaid law changes, including major changes that affect the Power of Attorney in Florida. In addition, I’ve added valuable new information about Veterans Benefits, alternative housing choices, how the Unlicensed Practice of Law can affect unsuspecting seniors and their families, and much more.
Here’s what’s inside:
- An overview of the benefits of Medicaid
- The three Florida agencies that handle Medicaid
- The three tests for Medicaid qualification
- The three Medicaid programs for Nursing Homes and Assisted Living Facilities
- How Single and Married People Can Protect Their Assets
- The Deficit Reduction Act (DRA) 2005 in Florida
- The current federal financial figures regarding Medicaid planning
- Life Care Planning
- Updated! Power of Attorney Statute
- Expanded! Veterans Benefit Section
- New! Alternative Housing Choices
- New! Geriatric Care Managers
- New! How to Select an Assisted Living Facility or Nursing Home
- New! The Psychological Aspects of Aging and the Mind
- New! The Unlicensed Practice of Law
- New! Managed Care Update
Written in easy-to-read language, Protecting Your Family’s Assets in Florida is especially helpful because it gives real-life examples of the most common Medicaid scenarios faced by families throughout Florida. A glossary explains all the terms specific to both Eldercare law and applications for Medicaid in Florida.
This may be one of the most important books you will ever read.
We all face the possibility of spending our senior years in a nursing home. Impoverishment does not need to be the outcome. Don’t lose the powerful protections that are available to you through Medicaid!
To your prosperity,
John R. Frazier, J.D., LL.M., PLC
The Right Advice and a Trustworthy Guide
The Right Advice and a Trustworthy Guide
John R. Frazier, J.D., LL.M and
Joseph F. Pippen, Jr., J.D.
Included in Florida Elder Law, Medicaid Planning and Estate Planning:
- Introduction to Elder Law, Medicaid Planning and Estate Planning
- The Importance of Long-Term Care Planning and Estate Planning
- Florida Elder Law
- Florida Medicaid Planning
- Florida Estate Planning
- Veterans Benefits
- Selection of an Assisted Living Facility (ALF) or Nursing Home
- The Unlicensed Practice of Law in Florida
Elder Law Client Strategies in Florida: Leading Lawyers on Understanding Medicaid Laws, Estate Planning, and Long-Term Care (Inside the Minds)
Elder Law Client Strategies in Florida provides an authoritative, insider’s perspective on legal aspects of protecting the physical and financial welfare of senior citizens in the state of Florida.
Featuring partners from some of the state’s leading law firms, this book guides the reader through crucial topics, such as complying with Medicaid asset regulations, navigating guardianship concerns for infirm clients and developing estate planning strategies.
From establishing a system of long-term care in a nursing home or private residence to working with federal and state agencies to obtain benefits or investigate abuse, these experienced lawyers present best practices for assisting elderly clients with legal issues.
Additionally, these attorneys discuss the growth in the elderly population and the likely future trends in elder care. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these attorneys provide key insights on this important area of law.
Inside the Minds provides readers with proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success.
Each author has been selected based on their experience and C-Level standing within the business and legal communities.
- Robin M. Petersen, Managing Partner, Estate Planning and Elder Law Center of Brevard – “Key Issues for Florida Elder Law Attorneys and Their Clients”
- Barry D. Siegel, Managing Partner, The Siegel Law Group PA – “New Estate Planning Strategies in a Changing Environment”
- John R. Frazier, Attorney, The Law Offices of Joseph F. Pippen Jr. and Associates PL – “Asset Protection Issues for Elder Law Attorneys and Clients Under Florida’s Medicaid Laws”
- Roger O’Halloran, Attorney, O’Halloran & O’Halloran Attorneys at Law – “Protecting the Small- to Medium-Size Estate”
- Mark W. Mazzeo and Kevin G. Staas, Partners, Mazzeo & Staas PL – “Protecting the Well-Being, Assets, and Benefits of Elder Law Clients”
- Howard S. Krooks and Ellen S. Morris, Partners, Elder Law Associates PA – “Developing Effective Estate and Long-Term Care Plans for Older Floridians”
This book can be purchased at Amazon.com.
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