Florida Legal Blog

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.

When people here in Florida think about preparing for the end of their lives, they may first think of how to handle their estate. While that is certainly of vital importance, one thing many people may not consider is how to manage more personal matters and possessions that an estate plan wouldn't normally cover. Experts say that while every person needs to be sure to have a will and other provisions as part of estate planning, it makes sense to also think of how to ensure that family traditions or heirlooms are passed on to the next generation.

For some people, an old family recipe is just as precious as jewelry, though they may not be sure exactly how to pass it on. Experts say that the best thing to do is for the person to have an open dialogue with family members about each item and who the person wants to give it to. These might be difficult conversations to have, since most people don't enjoy thinking about passing away, but it may be the best way to ensure that their wishes are honored.

It is not uncommon for older people in Florida to live in a nursing home when that becomes the best option for their health care. Unfortunately, nursing home abuse happens all too often to elderly residents who may not have the ability to communicate what is happening to them. Yet, there are ways that a family can reduce the likelihood of abuse happening to their loved one. This is evident after a report from out of state concluded that nursing home facilities with low ratings from Medicare also had the highest number of health-related citations.

The report was generated by the U.S. Centers for Medicare and Medicaid. It compiled data after conducting inspections of nursing home facilities. The report revealed that two nursing homes had a high number of fines for patient injuries with 74 citations apiece. USCMM ranked both facilities as being "much below average." Other facilities with a high number of citations also fell into that same category.

If you have an aging mother or father, you have probably thought a considerable amount about end-of-life care. When helping your loved one with estate planning, it is a good idea to think about drafting a living will. 

A medical power of attorney is an important part of any advance directive. With one, your loved one designates someone to make medical decisions on his or her behalf in certain circumstances. Also, you likely want to encourage your loved one to think about resuscitation if the lungs or heart stop working. You should know, though, how a do-not-resuscitate order affects hospice care.