Florida Legal Blog

As the population of the United States continues to age, many seniors may need special assistance for their everyday needs. When their families cannot provide that assistance, courts may step in and assign a professional guardian to care for the senior. Though this arrangement often works well for many people here in Florida, there are times when guardians do not fulfill their duties and sometimes even cause harm to their clients. This is what one out-of-state woman and her family allege happened to her parents.

The woman says that she attempted to become the legal guardian of her parents, but that a court decided to appoint a professional. She says that the guardianship company would not allow her to see her parents and that she wasn't even allowed on her parents' property. Local media alleges that the woman who owned the guardianship company financially took advantage of the couple. Legal representatives for the company claim that the daughter and her family were not taking care of the couple and that this is why it was appointed. 

Let us say that you prepared a will several years ago, which is a good thing. That puts you ahead of more than half the adults in the U.S.

However, you are close to retirement now and thinking about other documents you may need, thoughts that cause some sleepless nights. What are the basics of an effective estate plan?

Many people assume that planning for medical expenses is reserved for only those who are elderly, but that is not the case. No matter the age, people with disabilities often have different medical needs than the general population. These needs can translate to higher costs, which are often offset by Medicare. Even with government assistance, families have to consider long-term strategies for caring for loved ones with disabilities. Fortunately, Florida Governor Ron DeSantis recently proposed a budget increase to Medicaid that may help more families with Medicaid planning.

The proposed budget increase would allocate almost $95 million more to Medicaid for those who have a disability. He also wants to allocate almost $240 million for the Agency for Persons with Disabilities to make up for deficits there. Around 1,200 people that have been waitlisted will become eligible for a program that offers services to those in need that can be used in their home or community. The plan also includes provisions that will make it easier to import lower cost medication from outside the country.

Planning for the possibility of needing long-term medical care is something few do in Florida or across the country. Some postpone this planning because they simply don't want to deal with the task and its implications. Other do not believe they will need long-term care. Unfortunately, those who reach the age of 65 have a 70% chance of requiring some kind of extensive health care or related support for the rest of their lives. Those who have not done any Medicaid planning may be in a desperate situation.

Saving enough to afford the kind of prolonged care one might need is next to impossible, especially if one is already nearing retirement age. Those who expect to rely on Medicaid to cover their costs may find themselves in a financial dilemma. To qualify for Medicaid, an applicant may not have more assets than Florida law allows. However, to spend down or give away those assets to qualify may result in a delay in eligibility.