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Frequently Asked Questions on Florida Elder Law

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As we get older, our needs change. This is especially true as they relate to health care and finances. The need for long term care is increasing, which means it’s even more important to start planning now. Failure to plan ahead means that you may not be able to afford to take care of yourself or your loved ones and still leave anything for your children and grandchildren.

At the Law Offices of Shea A. Fugate, P.A., our Orlando elder law attorneys can help you understand and plan for you and your loved ones’ futures. Understandably, we get a lot of questions about various aspects of elder law in Florida. To help you get started, here are answers to some of the most common questions we get from prospective clients.

Why Do I Need a Florida Elder Law Attorney?

There are a number of reasons that clients come to us for assistance. We handle long-term care planning, long-term disability denials, Medicaid eligibility, nursing home planning, and more.

How Do You Choose a Nursing Home that You Can Trust?

When it comes time to choose a nursing home, it’s a major step that should not be taken lightly. You want to feel comfortable with the home you choose. Start by talking to friends and/or neighbors who have a loved one in a nursing home. You can also speak to medical professionals you trust and check out Medicaid’s Nursing Home Compare. This service has nursing homes ranked on a five-star system, using quality measures like nurse-to-patient staffing ratios and inspections.

If My Spouse is on Medicaid, What Happens to My Income?

If your spouse is already on Medicaid and in a nursing home, you are entitled to keep your income. You may also be able to divert a portion of your spouse’s income as well. This is something your Orlando elder law attorney can help with.

What is the Difference Between Medicare and Medicaid?

Medicare is basically like health insurance for people who are over 65 years old and those who are disabled. It will cover someone’s hospital stays, doctors’ appointments, medical supplies, and more. However, there is no long-term care coverage afforded under Medicare. No other health insurance policy typically covers long-term care either.

This is where Medicaid comes in. Medicare only covers up to a certain number of days in a long-term care facility. Medicaid will cover long-term care provided the patient meets the income eligibility rules.

Will I Lose My Home if I am in a Nursing Home Under Medicaid?

In theory, no. Your primary home is not a countable asset for Medicaid unless you have over a certain amount in assets. In the event you’re married, there is no cap in value to your Florida homestead. If you pass away, Medicaid will have a claim though on your estate for what they paid to assist with your long-term nursing care.

Contact a Florida Elder Law Attorney

Elder law is a complex area of law. It’s important that you don’t try to handle things on your own, especially Medicaid eligibility. If you need assistance with Medicaid eligibility, long-term care planning, disability denials, and more, let the Law Offices of Shea A. Fugate, P.A. help. Contact our office today to schedule an initial consultation.

https://www.sheafugate.com/what-to-expect-at-your-orlando-elder-law-consultation/

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