Elder Law Issues

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is Senior's Vs. Crime? Senior's Vs. Crime is a special project of the Florida Attorney General. The program uses senior volunteers to assist other seniors who believe they have been the victim of a crime or scam. Volunteers, known as Senior Sluse, do several things through the program. They work with law enforcement to provide information about scams and frauds within the community. They educate the community about frauds and scams affecting Florida seniors and how seniors can protect themselves. Volunteers investigate complaints the Attorney General's Office receives from throughout the state, and volunteers may also work in undercover operations to obtain evidence through companies or individuals acting illegally. This must be at least 50 years old and can complete an online application at seniorversuscrime.com. If you believe you've been the victim of a scam, you can request help from Senior Versus Crime by contacting your local Senior Versus Crime Office or completing an online request for assistance. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can I protect myself from identity theft? Identity theft occurs when your personal information is used by another without your consent or knowledge. The key to preventing identity theft is to protect your personal and financial information. Do not provide personal or financial information in response to unsolicited requests. Review all your bank and credit card statements immediately and challenge any unauthorized transactions. Be sure to shred expired bank cards and all documents that contain personal or financial information. Finally, request your credit report once a year from annualcreditreport.com. Review the report for any accounts or transactions you do not recognize. If you find problems in your report, contact the credit reporting agency to challenge them. Any time you suspect your information has been stolen, place a fraud alert on your credit report with each credit reporting agency. Finally, when you find you have been a victim of identity theft, call law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is identity theft? Identity theft occurs when your personal information is used by another without your consent. You may be unaware your information has been used inappropriately until you are denied credit or receive a bill for purchases you did not make. There are several forms of identity theft. Fishing occurs when personal information is obtained by someone claiming to represent a legitimate corporation or government entity to get your information for fraudulent purposes. Skimming occurs when someone obtains your credit card information through an otherwise legitimate transaction and uses it without your permission. So ID theft occurs when someone uses your name and health insurance or Medicare information to obtain or bill for healthcare products or services. Identity theft also occurs when credit cards or checks are physically stolen and used to make purchases. To protect yourself from identity theft, you must protect your personal and financial information and regularly check your financial statements for unusual transactions. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Marchment Act? A Marchment Act usually refers to an involuntary proceeding under Florida Statutes Chapter 397, in which a court determines a person is impaired due to substance abuse, has lost self-control with respect to the use of the substance, has or is likely to cause serious harm to him or herself, or another, and due to the impairment is unable to make a rational decision regarding substance abuse treatment. A Marchment Act can be initiated by a court after a specific interested person has filed a verified petition, or certain licensed service providers. After the court enters a Marchment Act order, law enforcement takes the individual subject to a Marchment Act, to a receiving facility where he or she will be evaluated and an assessment is sent to the court. A person can be held up to five days for evaluation under a Marchment Act order. After the court receives the written assessment, a subsequent petition can be filed requesting that the individual be involuntarily placed in substance abuse treatment. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Baker Act? A Baker Act usually refers to an involuntary proceeding under Florida Statutes Chapter 394, in which a court determines a person is mentally ill and due to mental illness is unable to conclude that treatment is necessary or has refused voluntary treatment, is unable to provide for his or her own care and without treatment is likely to cause serious harm to him or herself or another. A Baker Act can be initiated by a court after an interested person has filed a verified petition, a law enforcement officer when a person appears to meet the Baker Act criteria, or certain mental health care professionals. When a Baker Act is initiated by a court order, law enforcement takes the individual subject to a Baker Act to a receiving facility, where he or she will be evaluated and mental health professionals decide what further action is necessary. A person can be held up to 72 hours under a Baker Act order. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Health Insurance Exchange under the Affordable Care Act? A Health Insurance Exchange is a key component of the Affordable Care Act, also known as the ACA. Health Insurance Exchange will be available for each state and our marketplaces where consumers can shop for health insurance plans, comparing planned benefits and prices in a side-by-side comparison. Under the ACA, the federal government will establish an exchange and provide grants to states to create their own. For states that do not establish exchanges, the federal government exchange will be the default exchange for consumers in those states. To be part of the exchange, plans must meet certain requirements. No plan can deny coverage for pre-existing conditions. All plans must include affordable basic coverage packages mandated by the ACA. Price variation of Health Insurance Plan will be based on a small number of factors, and all plans must be offered in four comparable tiers. Health Insurance exchanges are to be operable beginning January 2014. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an Aging Resource Center or an ARC? An Aging Resource Center or an ARC is one of 11 entities that work as a coordinated system throughout Florida to provide consumers with information on and access to long-term care resources including local, state, and federal programs related to long-term care. Each of Florida's 11 agencies on aging is designated as an ARC. The goal of the ARC system is to provide elders and their caregivers with uniform one-stop assistance throughout the state. ARCs are designed to reduce duplication of administrative work, minimize service fragmentation, and provide consumer-friendly access to services. The main functions of the ARC are to triage clients who require assistance, provide information and referrals for services, and determine functional and financial eligibility for programs. The ARC, serving individuals in the WFSU Listening Area, is the area agency on aging of North Florida. For more information or to contact your local ARC, call 1-800-96-L or 1-800-96-3-5337. Under-law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how do I find information about the ratings of a nursing home in Florida? Nursing homes are regulated by both federal and state governments, so information is available from both the state and federal government. Medicare.gov contains a listing of nursing homes throughout the U.S. with a five-star rating system. The search feature allows consumers to locate a nursing home by zip code, name, or town, and get inspection, quality, and rating information for each nursing home chosen. It also allows consumers to do a side-by-side comparison of nursing homes. Florida also provides information to consumers through FloridaHealthFinder.gov. Florida consumers can search for nursing homes and assisted living facilities in Florida by name, location, or type, and retrieve detailed inspection reports, licensing information, contact information for facility administration, and even administrative cases against the facility. This information allows consumers to determine the quality of a facility, as well as whether adverse incidents are a pattern within the facility and detailed correction plans. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Incident provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, are there independent living apartments available only to individuals over a certain age? Yes, there are independent living apartment complexes that are age restricted. The age restrictions are usually over the age of 50 or 62. Special federal and state laws allow certain apartment complexes to restrict access based on age. These complexes may be available in an unsubsidized retirement community, where the residents must be over a certain age and accept certain restrictions or amenities as part of their living arrangements. These private complexes may vary in cost, amenities, location, and residential restrictions, and will require residents to complete applications and sign agreements regarding the residents obligations. Some age restricted complexes may be considered affordable housing under federal, state, local, or county regulations. Residents who move into affordable housing complexes may have to meet certain income and asset eligibility standards, but rent is usually capped at a percentage of their income. For more information about affordable housing for the elderly in Florida, visit flordahousingsearch.org. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener who asks, are there veterans administration benefits available to cover the costs of long-term care for individuals who have not served in the military? VA benefits are only available to veterans who have served in the United States Armed Forces, who have been discharged under conditions other than dishonorable, or to the veterans' dependents. A dependent for the purposes of VA benefits may include a spouse, widow or widower, child or dependent parent depending on the benefit sought and the veteran's service. Surviving spouses, children, and surviving dependent parents may be eligible for dependency and indemnity compensation. Some dependents receiving dependency and indemnity compensation may also be eligible for aid and attendance. There may be other benefits available for surviving spouses and children based on a veteran's service, injuries and disabilities. Dependents of veterans can apply for these and other benefits online at VA.gov or by calling their local veteran service officer or 1-800-827-1000 for more information. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what do I need to do if my elderly parents are moving in with me? Elderly parents often move in with adult children later in life when they need care or because of financial difficulties related to limited resources in retirement and often these moves are done in crisis. The first thing to consider is whether the adult child is financially, physically, and emotionally able to add aging parents to the household. If parents move into an adult child's household, the parents in the child must discuss financial arrangements. Will parents be paying to stay in the household or for the care provided by the child if so, what will be paid and when? Elderly arrangements must be put in writing to reduce family disputes later. In addition, the parents and the child's family must work out the day-to-day living arrangements such as shopping, transportation, privacy, and even the use of a telephone. For guidance with regard to these arrangements, contact a Florida Bar Board certified Elder Law Attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I have a disabled child, is it best to leave them nothing in my will? Many families face what to do if a disabled child inherits money when parents die. Often the disabled child receives public benefits that would be reduced or eliminated if the child receives an inheritance. But the inheritance does not replace the value of those benefits. Families often believe the only option is to leave nothing to the disabled child. But with planning, a family can ensure the disabled child continues to receive necessary public benefits while benefiting from funds that she would have inherited. A family member can create a trust to hold assets that would have been inherited by the disabled child. That trust can restrict the use of those assets only for specific items for the disabled child, protecting the public benefits. This is called a special needs trust. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is informed consent for medical treatment? Informed consent for medical treatment is how a fully informed patient participates in healthcare decisions and makes choices regarding treatment. Patients have the right to direct their medical care and this is the heart of informed consent. To provide informed consent, a patient must understand the situation, understand the risks of treatment options, and be able to communicate a decision to the physician. To ensure a patient can provide informed consent, a physician should explain the treatment, including the risks, the reasonable alternatives to the proposed treatment, determine the patient understands, and determine the patient's decision. For many treatments, physicians provide written explanations including a list of risks and obtain the patient's consent. When a patient is unable to provide informed consent, a healthcare surrogate or healthcare proxy can provide informed consent after receiving the same information that would have been provided to the patient. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Community Care for the Elderly or CCE Program? The Community Care for the Elderly or CCE Program provides community-based services to homebound elders 60 years of age or older at risk for institutional placement to help them remain in the community and avoid nursing home placement. Eligible elders may receive services designed to keep them in the least restrictive most cost-effective setting possible. Services may include case management, adult day care, companion care, medical supplies, counseling, home delivered meals, home making, home health, referrals, legal assistance, personal care, respite, errands, and transportation. CCE is administered by Department of Elder Affairs, which contracts with 55 lead agencies throughout the state to provide CCE services. Eligibility is determined by an initial comprehensive assessment and annual assessments. Recipients may be required to pay co-payments based on the elder's ability to pay. Priority is given to victims of abuse and neglect or exploitation who need assistance to prevent further harm. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The program provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Silver Alert? A Silver Alert is a standardized public notification system adopted by statute and Florida in 2011 to broadcast information about missing elders with irreversible deterioration of mental functions such as Alzheimer's disease or dementia. This system uses various media outlets such as radio and television, as well as the highway message system to broadcast the elders' description and a description of any vehicle they may be driving to enlist the public in searching for and assisting in locating and rescuing the missing elder. Once the missing elder has been rescued, Department of Elder Affairs works with local memory disorder clinics, area agencies on aging and local services to provide follow-up assistance for the elder. Floridians can sign up for free Silver Alerts via email through the Department of Elder Affairs website. To learn more about Florida's Silver Alert plan and how it is activated in your community, contact the Florida Department of Law Enforcement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Memory Disorder Clinic? Memory Disorder clinics are one of four components of the Florida Alzheimer's Disease Initiative passed in 1985. Memory Disorder clinics use a team of physicians, nurses, social workers, and other memory disorder professionals to provide comprehensive assessments, diagnostic services, and treatment to individuals who exhibit symptoms of Alzheimer's disease and related memory disorders. Florida funds 13 of the 15 Memory Disorder Clinics established by the Alzheimer's Disease Initiative. In addition to assessments, diagnosis, and treatment, these clinics also develop training programs and materials for caregivers and healthcare professionals. Memory Disorder clinics provide support groups for patients and caregivers, make referrals to community services, provide caregiver counseling, and conduct research. The Tallahassee Memorial Neuroscience Center houses the Memory Disorder Clinic that serves most of the WFSU listening area. For more information about the Memory Disorder Clinics throughout Florida, or to contact the clinic nearest you, call 800-96-ELDER. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Shine Program? Shine stands for Serving Health Insurance Needs of Elders. The Florida Shine Program is a statewide volunteer-based program providing counseling and education on Medicare, Health Insurance, Medicaid, Medicare Supplemental Insurance and Long-Term Care Insurance. This program is administered through the Florida Department of Elder Affairs and funded by a grant from the Center for Medicare Medicaid Services. The Shine mission is to provide free unbiased health insurance information to Florida's elders, so they can make informed decisions about their health insurance options. Shine volunteers cannot hold an active health insurance sales license and usually provide at least 16 hours of volunteer time a month. The Shine Program provides free training and materials to volunteers and periodic training to ensure volunteers have the most current information. For more information on volunteering for or obtaining counseling assistance from the Shine Program, visit www.floor-to-shine.org or call 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org-ELDERLaw. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the special needs shelter? When evacuating to a shelter during a hurricane, there are two kinds of shelters, one for the general population and one for those with special medical, mental, health, or physical conditions. Most counties have special needs shelters, but you must meet certain requirements for admission. Some special needs shelters are within public shelters. Others are only for those with special needs. Basic medical assistance and monitoring are available, but these shelters usually do not have advanced medical equipment or medications and do not have staff to provide advanced medical care. Caregivers should always accompany special needs shelter clients. Clients should bring their own medications or transportable durable medical equipment. To learn more about the requirements for staying in a special needs shelter and how to register, call your county special needs registry which can be found at the Florida Department of Elder Affairs website or by calling 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is identity theft? Identity theft occurs when your personal information is used by another without your consent. You may be unaware your information has been used inappropriately until you are denied credit or receive a bill for purchases you did not make. There are several forms of identity theft. Fishing occurs when personal information is obtained by someone claiming to represent a legitimate corporation or government entity to get your information for fraudulent purposes. Skimming occurs when someone obtains your credit card information through an otherwise legitimate transaction and uses it without your permission. So ID theft occurs when someone uses your name and health insurance or Medicare information to obtain or bill for healthcare products or services. Identity theft also occurs when credit cards or checks are physically stolen and used to make purchases. To protect yourself from identity theft, you must protect your personal and financial information and regularly check your financial statements for unusual transactions. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are aid and attendance and housebound benefits for veterans? Aid and attendance and housebound benefits for veterans are benefits paid to a veteran in addition to the monthly pension benefit. To be eligible for aid and attendance or housebound benefits, the veteran must qualify for VA pension for veterans, which has certain eligibility criteria, and require the aid of another person to perform activities of daily living, be bedridden, be a patient in a nursing home, or meet a certain standard of visual impairment. A veteran cannot receive both aid and attendance and housebound benefits. To apply for aid and attendance or housebound benefits, contact the regional VA office where the Veterans Pension Benefits claim is filed, and provide evidence for the need for aid and attendance or housebound care. For more information and a list of evidence needed to support the claim, contact the VA at www.va.gov or 1-800-827-1000. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is VA Pension for Veterans? VA Pension for Veterans is a VA benefit paid to veterans discharged under conditions other than dishonorable, with at least 90 days of military service, including at least one day of wartime service, and who have limited or no income or resources. Applicants must be 65 years of age or older, a patient in a nursing home, or are permanently and totally disabled not due to the individual's own willful conduct. The maximum annual pension rate is $12,256. When determining whether a veteran's income is below the maximum annual pension rate, the veteran's unreimbursed medical expenses may be deducted from her income. To apply for pension for veterans, you must complete an application. Veterans can apply online at www.va.gov or call a veteran service officer in your area or call 1-800-827-1000 for more information. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the National Family Caregiver Support Program? The National Family Caregiver Support Program is a program administered by the Florida Department of Elder Affairs that provides services to family members caring for frail elders and grandparents or elderly relatives providing care for minor children or children with disabilities. The program is funded through the Older Americans Act, with resources provided to local area agencies on aging that acquire services for the program. Services include informational resources, counseling, help accessing community services, caregiver support groups, caregiver training, respite care, some supplemental services such as help with medical supplies and limited legal services. To qualify for program services, applicants must be an adult family caregiver providing in-home community care to a person over 60 or a relative over age 55 providing care for a child under age 18 or with disabilities. For more information about the National Family Caregiver Support Program, contact your local area agency on aging. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Medicare Supplemental Insurance Policy? A Medicare Supplemental Insurance Policy, also known as a Medigat Policy, is a private health insurance policy that supplements Medicare coverage by paying certain copays, deductibles, and co-insurances that Medicare does not pay. Federal Law requires 10 standardized Medigat policies, each with its own specific coverages. This means that any company selling Medigat policies must sell the same standardized policies as other companies selling policies, creating competition on cost, service, and reliability. But every company that offers Medigat policies sells all policies, but all companies must offer the basic Medigat policy called Plan A. Plans are designated by letters A through J, and each plan provides different coverages for a different premium cost, with A being the basic and least expensive, and J being the most expensive, and comprehensive. For more information about Medigat policies, contact the Florida Shine Program at 1-800-965-337. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor, and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what happens to my pets when I need someone to care for me? A significant part of an Elder's life is their pet. Often when an Elder needs care requiring placement away from their home, they resist because it may require separation from their pet or leave the pet without care. With a little planning, a pet can be cared for even when the owner is unable to do so. Some nursing homes and assisted living facilities allow an Elder to keep a pet in their rooms. A pet owner can also designate in writing a pet caregiver to provide care in the owner's absence. A pet owner should also authorize their agent under a durable power of attorney to pay the cost of the pet's care out of the owner's funds. In the owner's will, the owner should give the pet to a particular caregiver after the owner's death and create a pet trust to designate funds for the pet's care for the pet's life. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a geriatric care manager? A geriatric care manager is a professional usually with a background in social work, gerontology, or medicine that provides assistance to elders or their families in arranging and monitoring long-term care for an elder. A geriatric care manager can provide assessments to determine care needs and identify problems. Care managers can help with crisis intervention and assistance in coordinating appropriate care for chronic illness, including finding appropriate doctors and support services, and identifying ways an elder can pay for care. Care managers also assist in finding and arranging residential placement and monitoring institutional care to ensure the elder is receiving all necessary and appropriate services. Geriatric care managers can be helpful and necessary service for families who are caring for loved ones from a distance. When retaining a care manager, ask for their qualifications and background because care managers are not regulated in the state of Florida. For more information about geriatric care managers in your area, contact the Florida Geriatric Care Managers Association. Listen to archives of elder law issues at WFSU.org slash elder law. Elder law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is adult daycare? An adult daycare is also known as adult day services is a program that provides social activities, meals, and supervision during the day for elders with cognitive impairment or those with disabilities for a daily, weekly, or monthly fee. Participants arrive at the center in the morning and are picked up in the evening similar to a daycare for children. Adult daycare is allowed families of participants to continue to work during the day while caring for an elderly or disabled loved one. Adult daycare is allowed elderly or disabled individuals to continue to live in the community with their families and avoid institutional placement. Adult daycares in Florida are regulated and must meet certain guidelines to be licensed. Many are run by nonprofits or public entities such as hospitals. For information about adult daycare in your area, visit FloridaHealthFinder.com or contact the Elder Helpline at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is respite care? Respic care is temporary or short-term care for an elderly or disabled person provided by someone other than the regular caregiver. Respic care services can be provided in the home where the person is cared for by outside providers in a nursing home or assisted living facility or at an adult day care center. Respic care provides a temporary break for the regular caregiver, usually a spouse or child, and allows the regular caregiver to rest, take care of personal business, and maintain the household. Respic care is a necessary part of in-home long-term care to prevent a regular caregiver from experiencing burnout or other stress-induced illnesses associated with long-term care giving. Respic care services are provided by private businesses, friends and family, and some nonprofit entities. Costs are based on the services provided and the duration of the care. For more information about respic care services in your area, contact Elder Help Line at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. The company provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a reverse mortgage? A reverse mortgage is a mortgage against the equity in a home owned by an individual aged 62 or older. There are no credit or income requirements for a borrower to qualify for a reverse mortgage. The amount of the loan is based on the equity in the home, the borrower's age, and the mortgage interest rate. There are also various fees associated with a reverse mortgage that may reduce the total loan amount available to the borrower. The loan amount can be withdrawn in a lump sum, in periodic payments, or as needed, similar to a line of credit. The senior does not have to repay the loan as long as the senior resides in the home and is alive. The reverse mortgage payments can be used for whatever purpose needed by the senior, including caregivers, basic necessities, and personal discretionary spending. Before obtaining a reverse mortgage, applicants must complete a required counseling class to safeguard applicants from fraud and ensure they understand the transaction. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an annuity? An annuity is an insurance product that provides for periodic payments to an individual over a period of time based on the amount of money invested in the annuity and the interest earned on that investment. An immediate annuity begins making periodic payments immediately upon creation of the annuity. A deferred annuity begins payment at a later date following a period in which money is invested. Annuities can be either fixed rate annuities, meaning payment of a set guaranteed interest rate or variable rate annuities, meaning payment of interest based on performance of the investment option selected. The benefit of an annuity is that it can provide a steady, reliable source of income in retirement. However, when purchasing an annuity, you must be aware that there may be severe early withdraw penalties making the funds unavailable in a financial crisis. Annuities should be used as one part of a balanced financial portfolio that provides for your financial needs in retirement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is abuse of an elder? Abuse is any willful act or threaten act by a caregiver, relative, or household member that causes or is likely to cause significant impairment to the elder's physical, mental, or emotional health. Abuse can include the failure to act. Abuse includes the striking of the elder, refusing to take the elder to the bathroom with holding food, shelter, clothing, or other essential services, screaming at the elder, calling the elder names or otherwise berating them in any way. Abuse also includes isolating the elder, threatening to physically harm them, threatening to send them to an institution, or threatening to embarrass them. If you suspect abuse of an elder, you should immediately contact Adult Protective Services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Your report may save the elder's life. Listen to archives of Elder Law Issues at WFSU.org-slash-elderlaw. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is neglect of an elder? Neglect of an elder is the failure or omission by a caregiver to provide care, supervision, or services necessary to maintain the elder's physical or mental health. This includes the failure to provide food, shelter, clothing, medical care, or supervision considered essential to the well-being and safety of the elder. Neglect can also occur when the elder fails to obtain care, supervision, or services necessary to provide for her physical or mental health. A caregiver neglects an elder when a caregiver fails to make reasonable efforts to protect an elder from abuse, neglect, or exploitation by others. That can be a single incident or course of conduct which could reasonably be expected to result in the physical or mental harm or a substantial risk of death. If you suspect neglect of an elder, you should immediately contact adult protective services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The elder provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is exploitation? Exploitation is when a person who stands in a position of trust or confidence with an elder knowingly obtains or uses the elder's property with the intent to deprive the elder of the use or benefit of that property. This can be done by intimidation, deception, or taking advantage of an elder's diminished capacity. Exploitors can be anyone including family members, financial planners, caregivers, friends, or members of a church or community organization. Common signs of exploitation include sudden changes in spending habits, sudden and complete dependence of the elder on an exploiter, isolation of the elder by the exploiter, and access by the exploiter to the elder's finances. If you suspect exploitation of an elder, you should immediately contact Adult Protective Services at 1-800-96-Abuse. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when someone dies in test state? To die in test state means to die without a last-will in testament to dispose of your property. When you die without a will, your property is disposed of in accordance with the laws of in-testate succession. A common misconception is that in-testate succession means the state receives your property. Instead, in-testate succession means your property is distributed to your relatives in accordance with Lord of Law. This includes distributions to your spouse or children or both. If you have no spouse or children, other relatives, such as grandchildren, parents, or siblings, will inherit your property. If and only if there are no surviving relatives, including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for 10 years following payment to the state. To be sure your property is distributed at death to those you want to have it, discuss your estate plan with your attorney. To be sure your property is distributed at death to those you want to have it, discuss

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the pre-existing condition insurance plan or PCIP? The pre-existing condition insurance plan or PCIP is a health insurance program through the Affordable Care Act. It provides health insurance coverage to individuals who have pre-existing conditions and have no other available coverage. To be eligible for PCIP, you must be a citizen or legal resident of the United States. You must have been without health insurance coverage for more than six months and have a pre-existing condition or been denied health insurance coverage due to a pre-existing condition. PCIP is available in every state and provides comprehensive health coverage for participants. PCIP is not a needs-based government benefit program. It is a health insurance program. Like all health insurance, the insured will pay a monthly premium and other copays pursuant to the chosen insurance plan. PCIP has not been affected by the lawsuit floored a file against the Affordable Care Act. For more information on PCIP coverage and premiums in Florida or to apply, go to www.pcip.gov. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is long-term care insurance? Long-term care insurance is insurance that covers the cost of care necessary to perform your activities of daily living or the supervision you might need for your safety when you have a cognitive impairment such as a stroke or Alzheimer's disease. Long-term care insurance can cover the costs of care at home in an assisted living facility or in a nursing home. The costs of long-term care insurance coverage depend on a variety of factors including the insurance age, daily rate of coverage, the type of care covered, inflation riders, and waiting periods. Long-term care insurance plans that meet certain requirements are eligible for favorable tax benefits to the insured and are eligible for participation in the long-term care partnership program, which allows individuals to offset assets equivalent to certain long-term care coverage for Medicaid eligibility purposes. When purchasing long-term care insurance, you should purchase insurance through a reputable salesperson and from a top-rated company. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an income-only trust or a qualified income trust? An income-only trust or qualified income trust is a trust created for the sole purpose of allowing individuals who need long-term care Medicaid benefits to qualify for those benefits when their income exceeds the monthly income cap. The monthly income cap for 2011 is $2,022 per month while the cost of a nursing home is approximately $6,000 a month. The income in a qualified income trust does not count toward the monthly income cap. The income in the qualified income trust is then used to pay the applicant's share of cost to the nursing home, which is the applicant's gross income minus a small personal needs allowance. A qualified income trust does not protect a Medicaid applicant's income from the required patient responsibility. Even with a qualified income trust, a Medicaid applicant's assets must still be less than the asset cap and the applicant must be medically eligible before receiving Medicaid long-term care benefits. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a special needs trust? A special needs trust is a trust design to allow a disabled beneficiary to benefit from property without losing essential and life-sustaining public benefits. Special needs trust can be established with the assets that belong to the disabled beneficiary such as proceeds from a personal injury settlement or can be created with the assets of friends and family such as an inheritance. Special needs trusts are subject to legal restrictions on how the trust assets can be used to benefit the disabled beneficiary. There are also restrictions regarding who can serve as trustee. Certain special needs trusts are also required to repay the state for Medicaid benefits after the death of the disabled beneficiary if there are assets left in the trust after the beneficiary's death. A special needs trust when properly created and administered can be a valuable and essential tool for the protection, long-term support, and quality of life of the disabled beneficiary.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Testimentary Trust? A Testimentary Trust is a trust created in one's last will and testament. Testimentary Trust do not take effect until the individual who created the will dies. Testimentary Trust allow one to nominate a trustee to administer assets after death in accordance with the trust requirements set forth in the will. A Testimentary Trust can be used to leave assets for the benefit of a minor child. It can also be used to leave assets and trust with restrictions to protect a disabled beneficiary from the loss of necessary public benefits or to protect the assets from a beneficiary who is unable to manage money. A Testimentary Trust requires a probate proceeding to effectuate the terms of the trust and approve the chosen trustee because the trust is contained in a will. Testimentary Trust can be used as part of an estate plan to provide benefits and protections for beneficiaries after an individual's death without the burdens of trust administration during the life of the individual. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living trust? A living trust is a written trust agreement between a settler and a trustee whereby the trustee administers the assets during and after the life of the settler, also known as the Grantor. These are called living trust because they take effect during the settler's lifetime instead of at death. During the settler's life, usually the settler is the only beneficiary, and often the settler is the initial trustee. One of the benefits of a living trust is that it allows a settler to name a successor trustee who can take over in the event the settler loses the ability to manage his or her finances. The successor trustee can manage the assets and trust without instituting a formal incapacity proceeding against the settler, and may facilitate the distribution of the settler's estate after death without a probate proceeding. There are administrative duties associated with maintaining a living trust, and the trustee owes the beneficiaries a fiduciary duty. Before creating a living trust, you should have a thorough discussion of its burdens and benefits with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a trust? A trust is a legal arrangement by which an individual places his or her property with another individual or entity to be managed for the benefit of a beneficiary. The person who creates the trust replaces the property and the trust is referred to as the set-lor or grantor. The person or entity managing or distributing the property in accordance with the terms of the trust is referred to as the trustee. The persons or entities that receive the property are referred to as beneficiaries. In a trust arrangement, the duties of the trustee are set out in the legal document or court order that creates the trust. The trustee owes a duty of loyalty and trust to the beneficiaries. This duty is also referred to as a fiduciary duty. There are many types of trust which are designed to serve the needs of grantors and beneficiaries in many circumstances. Some of the most common trusts used in Elder Law are living trusts, special needs trusts, income-only trusts, and test-ameneray trusts. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living will? A living will is your declaration of the kind of treatment you do or do not want when you are facing end-of-life decisions and are incapable of making them. A living will should be in writing and witnessed in accordance with Florida Law. A living will gives directions to your healthcare decision-makers and healthcare providers regarding whether life-pologuing procedures should be provided withdrawn or withheld. A living will can also give specific direction regarding your comfort and palliative care. Florida Law even allows you to designate someone in your living will to ensure enforcement of its provisions. A living will only goes into effect if you are incapable of making end-of-life decisions and have an end-stage condition, a terminal condition, or in a persistent vegetative state. When creating your living will, be sure to talk to your family, healthcare providers, and healthcare decision-makers about the decisions you want made on your behalf so that everyone understands and can carry out your wishes. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a healthcare proxy? A healthcare proxy is the individual that is designated by Florida Law to make medical decisions for a patient when that patient is unable to do so and has not designated a healthcare surrogate. The individual who will make medical decisions for the patient is predetermined by a hierarchy set out in Florida statutes and includes in the following order, an individual spouse, adult children or majority of adult children available at the time decision must be made, a parent, a sibling, or other relative or friend. A healthcare proxy makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A proxy may also make end-of-life decisions if the patient is unable to do so. If you want a particular person to make healthcare decisions for you and you cannot, that person may not be the individual that the law designates as your proxy, so be sure to designate them your healthcare surrogate in writing to avoid the uncertainty of the selection of a healthcare proxy. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is what is a healthcare surrogate designation? A healthcare surrogate designation is a written document signed by an individual or principal when he or she is competent, designating another to make medical decisions when the principal is unable to do so. The individual appointed to make medical decisions for another makes those decisions based on substitute a judgment rule. This means the individual must make the decisions based on what the principal would have decided for him or herself. A healthcare surrogate makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A healthcare surrogate may also make end-of-life decisions if the principal is unable to do so. If you have not designated a healthcare surrogate, consider appointing one. If you do not, Florida Law provides a decision-maker that can and will make decisions for you if you are unable to do so, which we'll be discussed in next week's minute. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a durable power of attorney? A durable power of attorney is a legal document signed by an individual when he or she is competent, giving an agent authority to act on the individual's behalf with regard to financial decisions. A durable power of attorney specifically states that the authority granted by the document can be exercised by the agent even if the individual is incapacitated. An agent acting under a durable power of attorney has a duty of loyalty to the individual for whom the agent is acting, meaning the agent must act in the best interest of the individual, using any exceptional skills he or she may have to benefit the individual. The authority granted to the agent is expressly stated in the durable power of attorney document and an agent cannot exercise any authority not provided in that document. A durable power of attorney is an important planning document when faced with debilitating illness requiring others to act on your behalf. In 2011, the Florida legislature made many changes to the law's governing durable powers of attorney, so make sure you talk to your attorney before creating or executing any durable power of attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicaid? Medicaid is a government health insurance program that provides medical and long-term care coverage to low income individuals and families who meet asset and income limits. The cost of the Medicaid program is shared by the federal and state governments. Medicaid for low income individuals who are disabled or age 65 or older is referred to as SSI-related Medicaid. Florida residents who receive supplemental security income or SSI are automatically eligible for Medicaid. Individuals with limited resources who need assistance with long-term care services in a nursing home or in the community may also be eligible for Medicaid that helps cover the cost of that care. Medicaid programs that cover the cost of long-term care in the community have limited funding and long-waiting lists. In 2011, Governor Scott signed a new law making changes to Florida's Medicaid program. These changes require Medicaid beneficiaries to enroll in managed care organizations and pay premiums. To make such changes to the Medicaid program, Florida must submit a waiver request to the federal government and receive federal approval. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicare? Medicare is a government health insurance program for individuals aged 65 or disabled individuals under age 65. US citizens in permanent residence are eligible for Medicare. If they have worked in Medicare-covered employment for at least 10 years or are the spouse of someone who has, there are two basic parts to Medicare, part A and part B. Part A pays for hospital and inpatient care as well as rehab in a skilled nursing facility. For most, there are no monthly premium payments for part A. Part B is commonly referred to as medical insurance covering visits to the doctor and other medical services. Part B recipients pay a monthly premium for coverage. In addition to monthly premiums, recipients also pay deductibles and co-payments for services. For those with limited income and resources, the state may help pay Medicare premiums and co-payments. Metagap insurance can also be purchased to cover these co-payments. Medicare recipients should also consider choosing a Medicare Prescription Drug Plan to help cover additional prescription drug costs. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Elder Law? Elder Law is the holistic area of law addressing the special legal needs of elders and those with disabilities and chronic debilitating illnesses. Elder Law encompasses many things including a state planning, incapacity planning, guardianship, Medicare, Medicaid, veterans benefits, long-term care planning, prevention of exploitation, abuse and neglect, as well as end-of-life planning. Elder Law attorneys specialize in this area of law and are recognized by the Florida Bar as experts in this area due to meeting special education and training requirements. Elder Law attorneys work with clients as well as co-counsel with other attorneys to assist clients with those issues addressed by Elder Law. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a letter from the lottery stating I won a substantial prize but need to pay taxes or a processing fee before I can collect. Is this a scam? Yes, this is one of many lottery-style scams designed to steal a victim's money and identity. Any time you are told you won money but need to make an advance payment or provide sensitive information such as credit card or bank account numbers or a Social Security number to collect, this is a scam. When a victim pays the requested money, the predator takes the money as well as the bank account or credit card numbers or Social Security numbers and uses them. These scams are often referred to as fishing scams. Fishing is any attempt by a predator to obtain sensitive personal information for malicious purposes such as identity theft. If you are contacted by one of these scams report it to law enforcement or to Florida Lottery's Division of Security. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a call from Microsoft stating that identified my computer is running slow and they needed to access it to fix it, is this a scam? Yes, Microsoft does not make unsolicited calls. This is a scam to steal personal information on your computer, as well as your credit card information. Predators contact victims by phone stating they notice the victim's computer is suffering from some problem. The predator will offer to fix the problem for a small fee charged to the victim's credit card. The predator directs the victim to a website where the predator gains access to the victim's computer via the internet. Once the predator accesses the victim's computer, the predator steals the victim's personal information on the computer and installs virus software. With the victim's personal information and credit card, the predator can steal the victim's identity and money. If you are called, hang up. If you think you've been a victim, contact law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a call from someone claiming to be the IRS asking me to send the money for taxes. Is this a scam? Yes, this is an aggressive scam designed to steal money and personal information from victims. In this scam, the predator calls a victim posing as an IRS agent and tells her she owes back taxes. The predator demands the victim pay those taxes immediately with either a wire transfer or a prepaid bank card. The predator may threaten to have the victim arrested, revoke the victim's driver's license, or even seize the victim's property or home. In every instance, it is a scam. The IRS will never call you to demand immediate payment to be made through wire transfers or prepaid bank cards. The IRS will mail you a bill and give you an opportunity to challenge any assessment of taxes or penalties. If you receive one of these calls, contact your accountant or the IRS at 800-829-1040. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can someone help me when I'm appealing a denial of Medicare coverage? Yes, Medicare recipients can have someone assist them with the appeals related to Medicare coverage denials. A Medicare recipient can appoint a representative to help with the appeals process. She can appoint a family member, a friend, a physician, her attorney, or other chosen person to assist. To appoint a representative, the Medicare recipient must either complete the appointment of representative form, which can be found on the Medicare website or submit a written request with the appeal. The written request must include specific information about the representative, including contact information, a statement of appointment. A description of the representative's professional status, such as a doctor, and an explanation of why the Medicare recipient is being represented. The request must also contain a statement authorizing release of medical information to the representative. The request must be signed by the Medicare recipient and her representative. For more information, contact 1-800-META-CARE. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a beneficiary and family-centered care quality improvement organization under Medicare? A beneficiary and family-centered care quality improvement organization, also known as a BFCC QIO, is an organization that reviews complaints and quality of care for Medicare recipients. The BFCC QIO is the first appeal for Medicare recipients in hospital and non-hospital settings who believe their Medicare coverage is ending too soon. For example, if a Medicare patient is notified by a hospital or skilled nursing facility that she is being discharged, but she believes discharge is inappropriate, she can request the state's BFCC QIO review the discharge as soon as she receives the notice. The BFCC QIO will review the discharge and make a decision within 72 hours of the patient's request. If the BFCC QIO agrees with the patient, she is not discharged. If the BFCC QIO disagrees with the patient, Medicare coverage ends and the patient is financially responsible for services or can take the next level of appeals. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a spell of illness under Medicare? A spell of illness under Medicare is also referred to as a benefit period. A spell of illness begins on the day a Medicare patient is admitted to a hospital or skilled nursing facility and continues until 60 consecutive days after which the patient has received no skilled care. For example, if a Medicare patient falls and breaks a hip and is admitted to the hospital for a week, then to a rehabilitation center for two months and then home, but returns to the hospital 90 days after returning home, the return to the hospital marks the beginning of a new spell of illness. While there is no limit to the number of spells of illness in a Medicare recipients lifetime, each spell of illness has its own copayments. Medicare patients or their caregivers must understand the beginning and end of a spell of illness to calculate the healthcare costs not covered by Medicare. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley, the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when a Medicare recipient is in a hospital, but on observation status? Under Medicare, observation means specific clinically appropriate services, including ongoing short-term treatment, assessment, and reassessment, before a decision can be made about whether a patient requires further treatment as a hospital inpatient, or if the patient can be discharged. The hospital is paid for the services as outpatient services, being classified as a patient on observation status versus being admitted to the hospital has significant consequences to a Medicare patient. While the hospital is paid for its services when a patient is on observation status, the patient may be ineligible for certain Medicare benefits, or responsible for additional costs because the hospital stay is not covered by Medicare Part A. Observation status will also make the patient ineligible for Medicare-scaled nursing rehabilitation coverage following hospitalization. When a patient is staying in a hospital, she should ask whether she has been admitted or merely under observation. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the reasons a resident can be discharged or transferred from a nursing home? Federal and state law limit the reasons a nursing home resident can be discharged from the facility or transferred to another. Federal law allows a resident to be discharged for the following reasons. Discharge is necessary for the resident's well-being and the nursing home cannot continue to provide services. The resident's health has improved so nursing home care is no longer necessary. The resident is no longer safe in the nursing home. A doctor or the nursing home's director determines the person is a danger to other residents. The resident's fails to pay for services or the facility closes. A resident cannot be discharged or transferred simply because the source of payment changes such as a resident becoming eligible for Medicaid. If a resident believes discharge is inappropriate, she can challenge the discharge by requesting a hearing in writing within 10 days of receiving the notice of discharge. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother is in a nursing home and was told she had to leave by the end of the week, but we don't believe she is well enough to go home, does she have to leave? Under both federal and state law, a nursing home generally has to provide 30 days notice prior to discharge. There are some exceptions such as a medical emergency or a safety concern regarding your mother. The nursing home must provide a resident, her family, or legal representative with written notice of discharge. This notice must include the reason for discharge and directions on how to challenge the discharge if the resident disagrees. The notice must also be provided to the long-term care ombudsman prior to discharge. Nursing homes can only discharge a resident for certain reasons and discharge must be to an appropriate alternative placement that meets your mother's needs. If your mother disagrees with the discharge, she can request an administrative hearing to challenge the discharge. Listen to archives of Elder Law Issues at WFSU.org- Slash Elder Law Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a business refuse to allow me in with my service animal? In Florida, it is a second degree misdemeanor to discriminate against or refuse services to someone using a service animal. The ADA allows a business owner to ask only two questions about a service animal. Is it a service animal? And what is it trained to do? Business owners cannot ask about the nature of an individual's disability or ask the handler to demonstrate the animal is actually trained to do a task. A business owner can refuse to allow a service animal in the business if it is not house trained or if it is not under the control of its handler. Discrimination against or fail you to provide services to a person with a service animal is punishable by up to 60 days in jail, a $500 fine and 30 hours of community service with an organization that provides services to individuals with disabilities. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, is it illegal to represent a pet as a service animal? In Florida, it is a second degree misdemeanor to represent an animal as a service animal when it is not actually a service animal. In Florida, a service animal is a trained dog or miniature horse taught to assist an individual with a disability and which usually wears special identification. Misrepresentation of a service animal is punishable by up to 60 days in jail, a $500 fine, and 30 hours of community service with an organization that provides services to individuals with disabilities. While the ADA limits the questions that can be asked about a service animal, a fake service animal can often be identified by its behavior. Fake service animals are usually not as well-behaved as service animals. Fake service animals may jump bark or stray from their owner. They may attempt to interact with people other than the owner or not respond to its handler's commands. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchy law firm in WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic costs of a service dog and how are they paid for? Service dogs are specially trained animals that provide assistance to persons with disabilities. There is no federal or state funding for an individual to purchase or fund a service animal. Generally, service animals are bred and trained by non-profit organizations with a mission to provide service animals to individuals in need. The cost of raising and training a service animal is between 20,000 and 50,000 dollars. During the training process, private donors through the non-profit organization support the animal and costs of training. Once an animal is placed with a person with a disability, that person is responsible for the veterinary and cost, food, and supplies. Veterans who need a service dog can contact the Veterans Administration for information about VA assistance in finding a service dog through a non-profit organization, as well as subsidies for veterinary and care for a veteran service dog. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how does an individual with a disability get a service dog? Non-governmental or nonprofit organizations often donate a trained service or guide dog to individuals who qualify? To qualify for a service dog an individual must be disabled, submit an application, and complete an extensive review process, which includes the individual's ability to financially care for the dog. It costs between $20,000 and $50,000 to raise and train a service dog. If an individual is chosen to receive a service dog, that individual will then be required to attend training with the service dog. As of the cost and length of training for service dogs, most organizations have a 2-10-year waiting list. Occasionally, individuals ask to have their personal dogs evaluated for service dog training. While it can happen, it is rare that a personal pet can become a service animal. For more information about service animals, contact a service animal trainer in your area. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guide dog for the visually impaired? A guide dog for an individual with visual or site impairment is a service dog trained to lead, blind or visually impaired individuals around obstacles and to assist with navigation and daily tasks. Although guide dogs can be trained to navigate various obstacles, dogs are partially colorblind and obviously are incapable of reading street signs. Therefore, the guide dog is part of a team with its owner who directs the dog based on his or her skills acquired through mobility training. The guide dog and human team also go through extensive training as a team to ensure the owner can utilize the dog and the dog will follow the owner's direction. Guide dogs are commonly referred to as seeing eye dogs. However, this is a specific dog trained by a specific training company. Guide dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a service dog? A service dog is any guide dog or dog trained to perform tasks for persons with disabilities. This includes guiding the blind, alerting the hearing impaired, protecting persons with seizure disorders, reminding those with mental illness to take medications, calming a person with post-traumatic stress disorder, opening or closing doors, drawers or refrigerators, picking up items or assisting individuals with autism. Any breed can be trained as a service dog, but the most common breeds are labs or German shepherds. Dogs who solely provide comfort or emotional support are not service animals under the ADA. Service animals must be allowed to accompany owners wherever members of the public are allowed and are usually harnessed, leashed or tethered unless the devices interfere with the service animals' work or the individual's disability. Service dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother died without a will. What happens to her property? When someone dies without having a last will and testament to dispose of their property, they are said to have died in test date. When one dies in test date like your mother, their property is distributed to their family according to the state laws of in test date succession. A common misconception is that in test date succession means the state receives the property. However, in test date succession means the deceased's property is distributed to family members based on their relationship with the deceased. In test date distribution goes to the spouse or children or both. If the deceased person has no spouse or children, other relatives such as grandchildren, parents or siblings will inherit the property. If and only if there are no surviving relatives including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for several years following distribution to the state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I was told I need a living trust for my property. Do I? Whether you need a trust depends on your specific circumstances. Many people are told they need a trust, but not everyone does. People are often told they need a trust to avoid probate, protect their estates from taxes and attorneys fees, or prevent family fights. However, the extent of these benefits is often exaggerated. Trusts are legal entities established for a particular reason. Once a trust is established, all or part of your property is placed in the trust and administered by a trustee, which can be you or someone else. The trustee only has access to and control over the property in the trust. Depending on the trust agreement, trustees have legal duties to manage property prudently and provide periodic accountings to beneficiaries. Before creating a trust, talk to an attorney about your circumstances and the reasons you believe you need a trust. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my father is a World War II veteran and needs long-term care. Are there any benefits that can help pay the costs? Your father may qualify for VA benefits to pay for his care. Benefits are available to veterans who've served in the United States Armed Forces, were discharged under conditions other than dishonorable and served in wartime. Because of his wartime service, your father may have preference to receive long-term care in a VA nursing home. He may also qualify for pension and aid in attendance, which can be used to pay for care in non-VA facilities. These programs pay monthly payments to individuals who meet certain income and asset limitations, and who need assistance of another person to complete their activities of daily living, or who are bedbound. Your father or his legal representative can apply for these and other benefits online at VA.gov or by calling his local veteran service officer. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my identity was stolen but I don't know how they got my information. Identity theft is when your personal information such as name, social security number, date of birth, credit card information or driver's license is used by another through deception for economic gain. Personal information can be taken from bank statements thrown in the trash, information on a check if a social security number, date of birth, or printed or written on it, or through phishing schemes. In phishing schemes, predators contact victims through email representing themselves as banks or companies and request the victim provide personal data or passwords in response to the inquiry. There's also used telemarketing scams such as impersonating government entities to get personal information. To protect against identity theft, be sure to protect all your personal information. Do not give information to telemarketers or through internet contact if you did not initiate the contact. Shred all sensitive documents and immediately report any suspicious activity. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Incident provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, should I review my estate plan at the beginning of the year? And a state plan has to be reviewed regularly to ensure that it continues to meet your needs and can be accommodated using the resources available to you. The beginning of the year is the perfect time to review your estate plan as you meet with your accountant to discuss yearly tax issues and with your financial planner to review your finances for the coming year. While you may not have to make changes to your estate plan each year, a yearly review keeps you aware of what is in your estate plan and who will help you when you need assistance with healthcare or financial decisions. It also makes it easier to change your estate plan as your circumstances change. Typically, you modify your estate plan if you get married or divorced, experience a birth or death in your immediate family, or move to another state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I got married. What should my spouse and I do with regard to our estate plan and retirement? Marriage changes your legal status with regard to making medical decisions, rights to each other's estates upon death, the ability to participate in employer-provided health and long-term care benefits, access to public benefits such as Social Security and Veterans benefits, and the availability of marriage preferences in the federal tax code. Once you are married, notify the Social Security Administration. If you receive employment benefits or employment-based retirement benefits, notify your employer or retirement plan administrator. If changing events, like marriage, open a window, usually 60 days, in which a spouse can be added to benefits such as health insurance. Also, review all beneficiary designations on your life insurance policies and retirement accounts. While spouses can make medical decisions for one another in the absence of an advance directive, you should consult your attorney to update your estate plans, including distribution of your estate upon death. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues is, what can I do to help my sister who is caring for our mother? Helping a family caregiver is essential to ensuring the health of the caregiver and the stability and continuity of a loved one's care. If you want to help a family member who is a caregiver, call and ask what health they need. Family caregivers usually have a routine through which they provide care to a loved one. This routine ensures the stable, consistent delivery of care. The most common help a family caregiver needs is respite care. Caregivers spend an average of 22 hours per week providing care in addition to their jobs and other family obligations. Family care is temporary relief of the family caregiver from caregiving duties, so a caregiver has time to attend to personal issues and have leisure time. Planned regular respite care is essential to preventing caregiver burnout. Family caregivers should have at least one full day a week free of caregiving duties. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues is to recognize National Family Care Giver Month. November is National Family Care Giver Month in honor of the more than 60 million Americans who are the caregivers for their elderly family members or those with disabilities. Family caregivers collectively provide approximately $500 billion per year in care services. These services are provided at great financial, personal, and health sacrifices by family caregivers. Being a family caregiver costs a family member approximately $300,000 over a lifetime due to lost wages, lost annual leave, reduced retirement contributions, and lost promotions and wage increases. In addition, family caregivers spend an average of $5,000 a year on a family member's care. Family caregivers also report more marital conflict, more stress-related illnesses, and demonstrate overall worse health than individuals who are not caregivers. In honor of family caregivers, reach out to those caregivers in your life. Let them know you appreciate their sacrifices and are there to help. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the sketchley law firm online at sketchleylaw.com. Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues is to recognize October as National Guardian Ship Month. National Guardian Ship Month celebrates the work and support of the individuals and entities who serve as court appointed decision makers for individuals who are unable to make decisions for themselves, also known as guardians. Guardians can be family members, friends, professionals, banks, and not-for-profits who serve as guardian for those with no friends or family. Guardians play a significant role in protecting a community's most vulnerable members. Guardians pay bills, collect income and assets, make medical decisions, find housing, apply for public benefits, maintain or sustain basic necessities, and even rescue individuals from abuse neglect and exploitation. To recognize guardianship throughout October, local guardians and guardianship groups will be holding fundraisers for not-for-profits that serve as public guardians and public presentations to teach the community about the importance of guardianship. For more information about National Guardian Ship Month, visit the websites for the Florida Statewide Public Guardianship Office and Florida State Guardianship Association. Submit a question for elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm at www.su. Information provided is the opinion of the attorney and not of www.su.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley the sketchley law firm. Today's elder law issue question is what is considered exempt property in a probate proceeding? Exempt property is a share of a deceased person's estate to which his or her family would be entitled under Florida probate law. The property is limited to four types of property. The most common exempt property is household furnishings, appliances and furniture located in the deceased's residence valued at $20,000 at the date of death. The next most common exempt property is vehicles belonging to the deceased at the time of death used by the deceased or his immediate family for personal use. Prepaid qualified college tuition plans that meet certain requirements are also considered exempt property. Finally, death benefits paid to teachers and school administrators due to certain violent acts during school hours are also exempt property under Florida probate law. Family members entitled to exempt property must make a claim for it within a certain time in a probate proceeding and receive the property free of most creditors claims. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Unprovided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what is the family allowance and appropriate proceeding? When an individual dies with a surviving spouse or children he or she was supporting or was obligated to support at the time of death, the spouse and children may be entitled to money from the estate to maintain this support during the time of probate administration. In Florida this support is referred to as a family allowance. In a states that have the income or assets to provide this allowance it cannot exceed $18,000. This allowance can be paid in periodic payments or in a lump sum. It can be paid directly to those entitled to it or to their custodians or caregivers. It can be paid only after payment of certain priority creditors such as taxes and funeral expenses but before creditors such as credit cards. Individuals entitled to the family allowance must make a claim for it in the probate proceeding within a certain time after the estate is opened. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special financial considerations made to a deceased person's family in a probated state? Pro-Bate Laws create special financial preferences designed to protect family members from certain predators and provide limited support throughout the probate process when an individual dies. These preferences differ from state to state and are usually limited to certain individuals such as a spouse or minor children. In Florida, these preferences include protecting the deceased's home, protecting certain personal property including automobiles, and providing limited support during the probate process. Florida mandates that a deceased's home stead passed to a spouse or minor children and passed free of most creditor's claims so a family always has a home. In addition, spouses may be entitled to a special distribution known as the elective share. Families may also be entitled to a small family allowance during the probate process and to the exemption of certain personal properties such as home furnishings and the deceased's vehicles. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, we are in our 60s and considering getting married, how can marriage impact us? First, marriage can impact your pension or so security benefits. If you receive a pension or will receive a pension in the future from a deceased spouse, remarriage may terminate those benefits. Next, discuss how you will pay future long-term care costs, consider purchasing long-term care insurance. If you are unable to purchase long-term care insurance, talk to an attorney about potential responsibility for each other's costs of care and how to minimize it. Finally, consider the impact of marriage on your estate plan. In Florida, a spouse is entitled to certain benefits due to marriage unless waived by a marital agreement, including an interest in your home even if you owned it before you were married. If you want to maintain your current estate plan, speak with an attorney about a prenuptial agreement to waive any spousal rights that would interfere with your estate plan. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, should we purchase prepaid funeral arrangements for our mother who has Alzheimer's? When a loved one dies without funeral arrangements, it is stressful and confusing for a family to make these arrangements immediately after death. In the midst of your grief, you may fall victim to unnecessary up-sale techniques that increase the cost of a funeral. Purchasing funeral arrangements prior to your mother's death while difficult will allow your family to plan an appropriate memorial for your mother with an a budget your family can afford. Pre-made arrangements can also make the care of your mother's remains at her death easier because the funeral home to whom her body will be released will already be determined. The funeral home personnel will collect your mother's body as soon as they are notified of her death. Finally, in the event your mother needs nursing home care subsidized by Medicaid, prepaid funeral arrangements that meet certain requirements are not counted as assets in determining eligibility. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what step should I take after a loved one dies? When a loved one dies, families often receive conflicting information about what to do first and who might be responsible for the deceased loved one's bills and distributing property. First, a family must make funeral arrangements in compliance with the loved one's wishes. These wishes may be in a loved one's will or in prepaid arrangements made by the loved one prior to death. Once funeral arrangements are made, work with the funeral home to order death certificates and notify the Social Security Administration. Following the funeral, collect all the deceased loved one's important documents such as the will, trust agreement, bank account records, and life insurance policies and make an appointment with an attorney to discuss whether a probate proceeding is necessary to distribute property, who is responsible for securing the deceased's property, how to notify creditors of the death, and who, if anyone, is responsible for payment of the loved one's debts. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the sketchley law firm and www.wfsu.com. And provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what factor should I consider when choosing a home health agency for my father? First consider the kind of care your father needs. If he needs help with grooming, eating or reminders to take medications, non-medical or companion care may be all he needs. If he needs medications administered or therapy, he will need a medical assistance such as nursing. Some agencies provide non-medical or companion care services while others provide medical and companion care services. Next be sure the agency is licensed. You can look up an agency's license and any fines against the agency on FloridaHealthFinder.gov. So determine how the services will be paid for. If the services are paid for by Medicare, Medicaid or insurance, you must choose an agency that takes that form of payment. Finally, talk to the agency intake personnel to be sure they are able to provide the services your father needs in the environment in which he lives. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. One provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, has Florida changed its definition of exploitation? Yes, Florida has updated its criminal exploitation laws expanding the acts that constitute exploitation of an elder or vulnerable adult. In addition to knowingly depriving an elder of her property, it may also be exploitation if an elder gives her loans $10,000 or more to someone they have known for less than two years, and it is not a commercially sound transaction or charitable contribution. If a fiduciary such as a trustee, guardian, or agent breaches his fiduciary duty, it may also be considered exploitation. In addition, exploitation can include a fiduciary or caregiver failing to use an elder's income or assets for necessities, including food, shelter, clothing, or medical care. The new law increases the penalties for exploitation. If you suspect exploitation of an elder reported immediately to law enforcement or by calling adult protective services at 1-800-96 abuse. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Senior Center? A Senior Center is part of the Aging Network established by the Older Americans Act. A Senior Center is the focal point within a community to provide services to elders. Florida has approximately 260 senior centers. The service is provided following to five categories, health, including mental health, social, nutritional, educational, and recreational. Senior Centers receive financial support through the Older Americans Act, as well as local organizations, grants, private donations, and local government. Most senior centers serve meals as a focal service. However, many senior centers also provide health and wellness programs, art classes, art generational programming, educational programs, volunteer opportunities, benefit application assistance, employment assistance, transportation, information and referral services, legal counseling, and travel programs. For more information about your local senior center and the services it can provide, call the Florida Elder Helpline at 1-800-96-ELDER. Listen to our kinds of Elder Law Issues at wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Older Americans Act? The Older Americans Act was originally passed in 1965 in response to concerns about the lack of services for older Americans. It established the administration on aging and a network of delivery services to the elderly. Today, it helps provide service programs through a national network of area agencies on aging, service providers, and tribal organizations. It funds critical services that are designed to keep older adults healthy and independent. These services include meals, job training, senior centers, caregiver support, transportation, health promotion, and benefits enrollment. The Older Americans Act also includes community service employment for low-income older Americans, training research and demonstration activities in the field of aging, and activities designed to protect vulnerable adults. For more information about the services available throughout the Florida Panhandle, contact the area agency on aging for North Florida at 1-800-963-5337. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what precautions should I take if I am traveling with someone with dementia? Many families will vacation over the summer taking with them loved ones who have dementia, before making travel arrangements for an individual with dementia, determine their true level of needs and abilities. Travel can be overwhelming and traumatizing to someone in the later stages of dementia. If travel is possible, make sure that all travel is arranged to be done during the times of day when your loved one is at their best. Be prepared for some behavioral issues related to the change in environment or increased stimulation, which can include wandering, confusion, and agitation. Keep a comfort bag for your loved one with you at all times. Include in the bag a list of their medications and dosage, copies of the legal documents allowing you to make medical and other legal decisions, and their health insurance information. Alert airport personnel and hotel staff to your loved ones' difficulties. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the things a caregiver can do to protect the elderly from heat-related illnesses during summer heat? Because persons over 65 are more susceptible to heat-related illnesses including heat stroke and heat exhaustion, friends and family should pay close attention to them. Check on them regularly during the summer and make sure they have access to an air-conditioned environment and a fan. Make sure they have access to and are drinking cool liquid regularly. Bring them prepared meals so they do not need to use the stove or oven to cook which can heat up a home. Be sure they are wearing lightweight, loose-fitting clothing. If they live alone, check on them daily during extreme heat. Read about the medications they take to see if side effects worsen due to heat. If it appears they have fallen ill during extreme heat, seek immediate medical attention to treat their heat exhaustion or heat stroke.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is what things should seniors do to protect themselves from heat-related illnesses during summer heat? People age 65 or older are prone to heat-related illnesses due to medical conditions and the side effects of prescription medications. To prevent heat-related illnesses seniors should drink cool, liquid, regularly, unless directed otherwise by their physician. During the heat of the day are times of extreme heat, stay in an air-conditioned environment, and refrain from engaging in strenuous activities. If your home is not air-conditioned, contact your local senior center for transportation to that facility. In extreme heat, your local government may establish heat shelters as well, where lightweight, loose-fitting clothing and check in regularly with a family member or friend. Read the side effects of all medications to determine if heat increases their dangers. Symptoms of heat-related illnesses include dizziness, weakness, rapid pulse with shallow breathing, nausea, vomiting, and faintness. If you begin to have these symptoms, seek immediate medical attention. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchy law firm in WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special preparations for seniors and hurricane season? Hurricane season runs from June 1st through November 30th. It is important for everyone to be prepared for hurricane season with their hurricane supplies. However, seniors and individuals with disabilities need to make extra preparations. For those with special medical needs, they should register for the special needs shelter in their area to ensure priority evacuation if evacuation becomes necessary. If you take medications, work with your pharmacist and doctor to get an extra months medication in the event of an evacuation or loss of utilities or road access. Finally, prepare an immediate evacuation kit with two sets of clean clothing, extra medications. Your health insurance or Medicare cards, copies of your durable power of attorney and health care advance directives, an extra set of eye glasses, contact information for your emergency contact, the name and contact information for your doctor, and a list of medications and dosages. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother has been told she needs 24 hour a day care. What are our options for getting that care? There are three basic options for providing around the clock care for your mother. The most common is care provided by your family. Your mother can move in with you or another family member. Adult day care or companion care services can provide care when you are unable to do so. If your mother remains in her home, you and your family, or paid caregivers, or a combination of family and paid services, can work in shifts to provide care 24 hours a day. In the event, your mother cannot afford in home care, or it cannot be provided by a family member. She can receive 24 hour care in an assisted living facility or nursing home. These facilities will supervise her and provide services based on her level of care, the facility type and the cost. Listen to our kinds of Elder Law Issues at WFSU.org slash elder law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law issue question is, when should I change my will? Your will is the legal document that directs the disposition of your property upon your death. As long as you are competent, you can change your will. Certain life changes often require a change to your will. Common circumstances that require a change include the birth of a child, your own marriage or divorce, the death of your spouse or a child, the death of the person you have nominated as your executor, or a change in the law that impacts the transfer of your property. You should consider changes to your will when you move to a new state or your children reach the age of adulthood, marry, or have children of their own. You may also want to consider changes when you acquire more property or retire. Periodically, you should review your will to be sure that it expresses your wishes and properly distributes your property. Listen to our kinds of Elder Law issues at www.wfsu.org. Slash Elder Law. Elder Law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, when do I need a will? If you die without a will, the law in your state requires distribution of your assets to your family based on a predetermined statutory formula without regard to the emotional relationships between them or their specific needs. Without a will, the law also determines who can serve as the executor of your state, even if you would not designate the individual chosen by law. If you want your assets distributed in a way that differs from the statutory formula or designate a specific person as an executor, you will need to have a will. In your will, you can designate an executor of your choice and distribute your assets in the way you wish. A will can allow you to create trust to protect vulnerable family members, leave specific gifts to friends, and leave money to charities. To determine if you need a will, contact your attorney to discuss your planning options. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I am raising my grandchildren. How should I include them in my estate plan? If you are raising your grandchildren, you must plan on how your grandchildren will be cared for if you are no longer able to do so. Depending on the legal arrangements allowing you to raise your grandchildren, you can designate a guardian for them. If you're going to financially support them, explore options to set aside funds for their education, and determine if you will provide them with an inheritance at your death. If you do decide if it should be distributed directly to them or left in a trust to be distributed over a period of time, for a particular reason, or when they reach a certain age. If your grandchildren are receiving public benefits, you may create a special needs trust to hold the inheritance. Because of the unique relationship with your grandchildren, seek advice from a lawyer in developing your estate plan. Listen to our kinds of Elder Law Issues at WFSU.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I care for my grandchildren and my income is limited. Is there financial assistance available to me? Depending on the legal arrangement allowing you to care for your grandchildren, the status of their parents and the income of your grandchildren, a variety of benefits may be available to assist you. First, parents are always obligated to support their children even if you are the caregiver. So, you may be entitled to child support from one or both parents. If the parents are disabled or deceased, your grandchildren may qualify for Social Security survivor or family benefits depending on their parents' work history. If your grandchildren are disabled, they may qualify for supplemental security income. Finally, benefits like food stamps, Medicaid, TANF, and low-income energy assistance may be available based on your household income and size. For more information about public benefits for you or your grandchildren, contact the Social Security Administration or Florida's Department of Children and Families. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my daughter is ill and now I care for my grandchildren do I need any legal documents to prove I'm their caregiver. Depending on the nature of your daughter's illness, a formal legal arrangement may be necessary to allow you to care for your grandchildren. The children's father may also need to be a part of the decision about your legal relationship with your grandchildren because he has a legal obligation to support and parent his children. An informal arrangement to care for your grandchildren may be as simple as your daughter's written consent allowing you to enroll them in school or get medical care for them. A formal legal arrangement may include a court granting you custody or designating you as a guardian for your grandchildren. If you are to be a permanent caregiver for your grandchildren, adoption may also be appropriate. Before you agree to take responsibility for your grandchildren, speak to an attorney about any necessary legal arrangements. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what will it cost to have my long-term care provided in my home? The cost of long-term care services differ with in Florida from region to region. This also depends on the services you need and the duration of those services. According to the 2013 Genworth Financial Annual Cost of Care Survey, long-term care services in our area are lower than Florida's average. Homemaking services average $3,300 a month. Home health aids that assist with activities of daily living and supervision are $3,500 a month. Adult daycare services average $1,000 a month. During the cost of maintaining your household, you should anticipate spending between $7,000 and $10,000 a month if you need 24-hour a day long-term care services and are receiving those services in your home. While some public benefits may supplement this cost, no program will pay it entirely.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila sketchley of the sketchley law firm. Today's elder law issue question is what services will I need if I want long-term care in my home? Long-term care is not medical care. Instead, it is the supports and services one must have to meet their personal care needs and maintain safety. Long-term care services include help completing activities of daily living or ADLs such as bathing, dressing, transferring from chair to bed, eating and using the bathroom. Services also include help with everyday tasks like shopping, housekeeping, making meals, laundry, transportation, medication management, and assistance with using the telephone. As mental function declines, long-term care services can also include supervision to ensure the individual does not engage in activities that endanger their health, well-being, or safety. Individuals needing long-term care may also need help with financial decisions, money management, healthcare decision, and supervision of the service providers in their home. Long-term care services can be provided by family members or professionals. Listen to our kinds of elder law issues at www.wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and www.wfsu.com. It is the opinion of the sponsor and not of www.wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what can I do to age in place? Most people prefer to remain in their homes as long as possible receiving long-term care in their home. This is referred to as aging in place. There are a number of factors you must consider to achieve this goal. Your home should be a single story, single-level home with accessible rooms and bathrooms. If not, you may have to modify it for accessibility. Next you should consider the kind of in-home services available in your community and the cost of those services. Once you know the services and costs, you must then determine if your financial resources can pay for those services in your home and for how long. Finally, you must develop a legal plan to ensure that you have someone to act on your behalf when you're unable to do so. This plan should include a durable power of attorney and health care advanced directives. Listen to our kinds of Elder Law Issues at www.wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Medicaid fraud? While Medicaid recipients can commit Medicaid fraud, Medicaid fraud is more commonly a healthcare provider intentionally obtaining unauthorized payments from Medicaid. Medicaid fraud can include fraud under both federal and state laws. It includes a variety of actions including billing Medicaid for services and equipment that are not actually provided, billing for services or medications that patients do not need, overcharging for services using false provider credentials to receive payment, and paying kickbacks in exchange for referrals for medical services or equipment. Consumers can detect Medicaid fraud by reviewing their summary of benefits related to their Medicaid coverage. If you suspect Medicaid fraud by a provider, you can report it to the Office of Attorney Generals Medicaid fraud unit at 1-866-966-7226. You will be asked to give the provider name, description of fraudulent acts, Medicaid number, and name of the Medicaid recipient.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is Medicare fraud? Medicare fraud occurs when Medicare is billed for services and supplies that a consumer did not receive. The goal of Medicare fraud is to obtain payment from Medicare using illegitimate means. Common schemes of Medicare fraud include billing a patient's Medicare number for a service that was not received, billing for medical equipment that was not received, overcharging for a service or product, and ordering tests or medications the patient does not need. Florida has a significant problem with Medicare fraud due to the numbers of Medicare beneficiaries that reside here. Medicare beneficiaries can spot Medicare fraud by carefully reviewing their explanation of benefits for inappropriate charges. If you suspect Medicare fraud, you can report it by calling 1-800-META-CARE with the name of the provider and the specifics about the fraudulent charges. Medicare offers rewards of up to $1,000 for confirmed reports of Medicare fraud. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Social Security fraud? Social Security fraud is the misuse waste or taking of Social Security funds. There are three common forms of Social Security fraud that involve the recipients of Social Security benefits. First, making fault statements in support of a claim for Social Security benefits is fraud. Second, failing to disclose or concealing certain facts that would affect eligibility for Social Security benefits is fraud. The third form of fraud is when the representative payee receives Social Security benefits intended to benefit a recipient and misuses those benefits such as refusing to use them for the beneficiarious food and shelter. If you suspect Social Security fraud, you can report it online via mail, by fax or by phone. For more information about Social Security fraud and how to report a suspected fraud, visit the webpage for the Office of Inspector General for the Social Security Administration at oig.ssa.gov.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the qualifying individual program? The qualifying individual program, also known as the QI program, is one of four Medicare savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. Unlike other Medicare savings programs, QI benefits are limited. Assistance is granted on a first-come-first serve basis with priority given to previous QI benefit recipients. Individuals with growths income, less than $1313 a month, and countable assets less than $7,080 qualify for QI benefits. Individuals must apply for QI benefits every year. QI benefits pay only your monthly Medicare Part B premiums. To apply for the QI program, contact Florida Medicaid at 866-766-2237 or online at myflorta.com forward slash access Florida. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the specified low-income Medicare Beneficiary Program? The specified low-income Medicare Beneficiary Program, also known as the Slimbee Program, is one of four Medicare Savings Programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $1,169 a month and countable assets less than $7,080 qualify for Slimbee Benefits. There are separate limits applicable to married couples. Some be benefits pay only your monthly Medicare Part B premiums. To apply for the Slimbee Program, contact Florida Medicaid at 866-762-2237 or online at myflorda.com forward slash access Florida. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Qualified Medicare Beneficiary Program? The Qualified Medicare Beneficiary Program, also known as the QMB Program, is one of four Medicare Savings Programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $978 a month and countable assets less than $7,080, qualify for QMB Benefits. There are separate limits applicable to married couples. QMB Benefits include payment of your Medicare Part A premiums, Medicare Part B premiums, and all your Medicare deductibles, co-payments, and co-insurance. To apply for the QMB Program, contact Florida Medicaid at 866-766-2237 or online at my florida.com forward slash access Florida.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is, my mother needs to be placed in a nursing home. How do we pick a good one? Choosing a nursing home is a difficult decision. First, look at the facilities nearest you and your family so your loved one can have frequent visitors. Next, review the facilities inspection ratings on floortohealthfinder.gov. Then, call the facilities and find out if they are admitting new patients and whether they accept Medicare and Medicaid. Finally, tour each facility. During your tour, note how the facility smells, whether it looks clean, and whether the staff is visibly working in the corridors and rooms. Watch staff interactions with patients and how the patients interact with one another. In addition, watch the patients. Notice whether they are placed in front of a television in a central room or engaged in activities. Finally, ask for written pricing information and whether the facility will keep your loved one as a long-term care resident if initially admitted for rehabilitation. Listen to our kinds of elder law issues at WFSU.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is how do I know if an attorney is competent in elder law? Finding an attorney for any legal problem is difficult. Because of the complexity of elder law it is imperative that you determine whether an attorney is qualified to handle an elder law matter. Two questions can help you determine if you have a qualified elder law attorney. One, how much of their practice is dedicated to elder law and how long have they been practicing in the field? Elder law is complex and changes often. This requires an attorney to remain current in the area. The attorney should dedicate a significant portion of their practice to elder law and have been practicing for several years. Two, is the attorney Florida Bar Board Certified in Elder Law. Florida Bar has made that determination of expertise based on peer review, testing, and continuing education. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm, providing elder law services, including all aspects of planning for aging, long-term care, and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what are the signs of abuse in a nursing home or assisted living facility? Elder abuse can occur anywhere, including a nursing home or assisted living facility. There are three types of abuse common in facilities, physical and emotional abuse, and neglect. Signs of physical abuse include unexplained bruises, welts, broken bones, scratches, or swelling at the ankles and wrists. Signs of emotional abuse include sudden changes in an elder's mental state, isolation of the elder from visitors, or belittling or humiliation by a caregiver. Signs of neglect include unexplained weight loss, dehydration, unclean surrounding bedsores on heels or buttocks, untreated bedsores on any part of the body, or filthy facility conditions. To prevent abuse in a facility, be sure you visit your loved one often and at unexpected times. If you detect abuse, immediately report it to the facility administrator. You can also report facility-based abuse to 1-800-96 abuse, or to the agency for healthcare administration. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is a good gift for someone with dementia? Finding the perfect gift for someone with dementia can be difficult. When choosing a gift, you may need to consider the stage of dementia your loved one is experiencing. A great gift for anyone at any age of dementia is a date calendar clock with large numbers, comfy clothing that is easy to wear, or a family photo album with photos labeled for easy reference. For individuals at the beginning stages, notepads, colorful sticky notes and a calendar make good gifts. These items help your loved one keep appointments and reminders around the house. For individuals who reside in a facility, good gifts include a decorated visitors journal where your loved ones' visitors can leave messages to memorialize their visits or a family photo collage to hang on the wall of their room. For individuals in later stages of dementia, brightly colored lap quilts monographed with your loved one's name also make great gifts. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, my elderly mother needs help what options does my family have to get her help? Your family's options depend on the kind of assistance your mother needs and her resources. Help with Erin's housework and custodial care can be provided by family members while your mother continues to live in hers or a family member's home. If no family member is available to help and if your mother has the resources she may be able to hire professionals to provide her needed assistance. If she is unable to get services in her home she may be able to move to an assisted living facility that can provide services for a fee based on her needs. If she needs more intensive care she may need to move to a nursing home where she will receive both medical and custodial care. If your mother's resources are limited she may have to apply for public benefits to pay for her care which may limit her options. Listen to our kinds of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I believe that my aging parents need help but I don't know how to talk to them about it. There are many ways to approach your aging parents with concerns about their need for help. First, listen to your parents. Your parents may give you an opening to discuss their need for help. If your parents don't create an opening, approach them, be direct but respectful about your concerns. Ask if they are aware of the problems you see and if so, how you might be able to help them. If your parents refuse to discuss your concerns, don't argue, wait for another opportunity. Don't assume your parent is refusing because she doesn't recognize the problem. If several family members have concerns, organize a family meeting to discuss the issues with your parents. Ask family members to come to the meeting with not only their concerns but also their proposed solution and how they can help your parent. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, how can I tell if my aging parents need help? As our parents age, they may slow down or even experience a decline in physical and mental abilities. While not everyone needs assistance as they age, there are signs that indicate an aging parent may need help. These signs include sudden unexplained weight loss, signs of forgetfulness such as repetitive questioning, repeating conversations, and difficulty remembering common words, dramatic changes in your parents' mood, and unclean appearance or strong body odor, sudden and inexplicable financial problems such as bounce checks and disconnected utilities, or the presence of a new friend that appears to be isolating your parent. If your parent exhibits these signs, visit your parents' home to assess it for hazards and respectfully discuss your concerns with them. If they are in imminent danger, immediately contact law enforcement or emergency medical services. An elder law attorney may be able to help you and your parents to determine if additional legal intervention is necessary. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues question is, my sister is my mother's caregiver and I want to help. Is there any way I can help without offending her? Approximately 65 million Americans are caregivers. The caregiving duties often fall to one family member. Other family members may wish to help but wait for the caregiver to ask. Don't wait for your sister to ask for help and don't just give her suggestions on how she could be a better caregiver. Offer to help her with the tasks that reduce her burden or she may be unable to do given her caregiving duties. Offer to make and bring a complete meal to your mother at least once a week include disposable plates and utensils to reduce cleanup. To help with yard or basic housework also offer to assume the caregiving burden during a period of time each week so your sister can have time to take care of herself and her personal obligations. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my father once his ashes scattered in a national park, can we do that? Many people request their cremated remains be scattered in a place that held meaning to the loved one and their family. However, scattering cremated remains in a public place raises many public health issues. The scattering of ashes on land is governed by a patchwork of federal, state, and local regulations designed to protect the public and the sanctity of human remains. If your loved one once his or her remains scattered in a body of water, there are additional considerations, including preventing others who use the water from ingesting the remains. Many national and state parks and lands do allow cremated remains to be scattered. However, this requires a special permit and may only be done at the place and time specified in the permit. If your loved one once his ashes to be scattered in a body of water, additional permission may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilis sketchley of the sketchley law firm. Today's elder law issues question is, my mother appointed me as her power of attorney. What should I do? When you have been appointed to act on behalf of another under a power of attorney, you must first determine whether you are willing to accept the duties required by the power of attorney. As an agent for your mother, also known as the principal, you will conduct financial transactions on her behalf. You owe her a fiduciary duty, which means you must conduct all transactions prudently and in her best interest. You will also be required to keep an accounting of the transactions you conduct and disclose it when requested or ordered to do so. If you do not believe you have the time or ability to fulfill these duties, you may want to decline the appointment. If you accept your appointment, you should seek the advice of an attorney who can more fully advise you on your responsibilities, duties, and consequences of failing to fulfill them. Listen to our kinds of elder law issues at wfsu.org, slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a non-lawyer advise me about my estate and long-term care planning? Non-lawyers can only provide very limited assistance with your estate and long-term care planning. A state planning requires legal advice in the creation of legal documents. Only lawyers can provide legal advice, which occurs when the lawyer applies the law to your particular circumstances and directs, councils or recommends a course of action based on this analysis. Only lawyers can create legal documents such as wills, trusts and powers of attorney. Non-lawyers can only provide you with pre-printed forms, but are even prohibited from recommending the type of form you need or telling you the information needed to complete it. Many non-lawyers advertise they provide the same services as an attorney despite these strict limitations on their actions. When a non-lawyer gives you legal advice or creates legal documents for you, this is called the Unlicensed Practice of Law. It is illegal and harms consumers. Listen to our kinds of elder law issues at WFSU.org, slash elder law. Elder law issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I'm turning 65, what do I need to do? Most people know that when you turn age 65 you become eligible for Medicare and must enroll in parts A, B and D. 65 is a milestone birthday and in addition to enrolling in Medicare you should do the following. Shop four and purchase long-term care insurance if you are eligible. Decide when to claim your Social Security retirement benefits if you have not already claimed them early. Review an update your estate plan including your will, power of attorney and living will. Discuss your end of life wishes and long-term care plans with your family. Review your financial status and retirement plan to determine whether your savings is on track to pay for your long-term care and retirement. Finally, determine whether you would like to age in the home in which you currently live or would like to downsize to a smaller, more accessible home. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what should I do if I think my elderly parent is no longer a safe driver? Not every older person is an unsafe driver. However, if you truly believe your elderly parent is an unsafe driver, address it immediately. Understand the loss of the ability to drive often leaves individuals isolated and dependent on others. Few people accept this loss without resistance. Try talking to the elder about how you and your family can help them from being isolated so they can quit driving. If that fails, organize a family meeting in which several family members express their concerns or observations about the danger of the elder continuing to drive. If that fails, you can report the elder to the Florida Department of Highway Safety, which can result in the revocation of their driver's license. In emergencies, take away the keys or disable the car. For more information, visit Florida's Grand Driver page on the Department of Highway Safety website. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the statewide Medicaid Managed Care Long-Term Care Program? Florida was given a waiver that allows the state to require all Medicaid recipients to enroll in a Managed Care Organization to receive Medicaid benefits. The first group of recipients required to enroll in Managed Care are those needing Medicaid Long-Term Care benefits such as Nursing Home Care. This is referred to as Florida's statewide Medicaid Managed Care Long-Term Care Program. Individuals who need nursing facility care and are residing in a nursing home or receiving Medicaid Long-Term Care Services through certain home and community-based programs will be notified that they must enroll in a Managed Care Organization in their region. Most of the WFSU listening area is in Region 2. Medicaid Long-Term Care recipients in Region 2 can choose to enroll in one of two Managed Care Organizations. Florida's Agency for Healthcare Administration will send Medicaid recipients letters notifying them of the enrollment requirement and procedures. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is managed care? Managed care is a health or long-term care delivery system in which managed care organizations are responsible for providing health or long-term care to the individuals enrolled in their organizations. A managed care organization creates a network of care providers who provide a set of services to the individuals enrolled in the organization. Individuals enrolled in the managed care organization receive their health or long-term care through only these providers. The managed care organization pays the providers based on a contract the organization has with each provider. A managed care organization can set criteria that enrollees must meet to receive certain services, including prior authorization requirements or limits on the number of visits to a specialist within the network. Services provided by companies outside the managed care organizations network are usually not paid for by the managed care organization and are the responsibility of the individual. Florida is currently transitioning its Medicaid program to a managed care system. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I wrote out my last will and testament by hand, is it valid. A handwritten will is referred to as a holographic will. It is handwritten and signed by the individual making it. Holic wills are often written in emergency situations such as when the individual is facing death and not usually signed in the presence of witnesses. In some states, a holographic will that meets certain criteria is a valid last will and testament. However, in Florida, a holographic will created in Florida is not a valid last will and testament unless it is signed and witnessed in accordance with Florida law. A holographic will created in another state might be considered valid in Florida depending on the law in the state in which it was written. However, getting it recognized in Florida would require extensive evidence and could be a costly legal undertaking. To be sure your will is valid, consult an attorney about the requirements for a valid last will and testament. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can families prevent conflict associated with caregiving? One source of conflict in families who are providing care for a loved one is a lack of or perceived lack of communication. To avoid conflicts associated with a lack of communication, families should create a practical communication plan that provides information and updates on the status of the loved one. Email is a free effective communication tool with internet access available in public libraries and in many restaurants and other public places. Family members provide the primary and respite caregivers with their email addresses. Caregivers will set aside time each week to write a family email sent to everyone's email address. The email should include updated medical and medication information, updated financial information, any signs of the loved one's declining condition, a short list of activities in the week, and any developing concerns related to the loved one. Caregivers should also use this message to ask for input from non-caregiving family members. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Then provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm Attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how often should you review your estate plan? Many believe that once an estate plan is created, it can be placed in a safety deposit box and forgotten. However, the estate plan you created several years ago may no longer fit your circumstances. May have been unexpectedly changed by new laws in your state or not comply with the laws of the state in which you currently live. To ensure your estate plan continues to fit your needs, you should review it with an attorney every time you have a major life-changing event. Life-changing events include the birth of a child or grandchild, moves between states or a move of more than 250 miles within a state, the death of a spouse, the death of a loved one, marriage divorce, a child reaching the age of majority, marriages or divorces involving your adult children, the diagnosis of a catastrophic or chronic illness or milestone birthdays such as your 50th, 60th or 70th. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener. Do I need a trust for my property? Not everyone needs a trust. Many people have been told they need a trust. Some of the most common reasons people are told to have a trust are to protect their estates from the costs of probate, to protect their estates from taxes and attorneys fees, or to prevent family fights. However, trust are not for everyone. Trusts are legal entities established for a variety of reasons based on your specific circumstances. Your property will be placed in the trust and administered by a trustee which can be you or someone else. While trusts may be used to avoid probate, they are not necessarily cheaper than the costs of probate in Florida after the initial costs of creating and funding the trust, and they don't prevent family fights. Before creating a trust, talk to an attorney about your circumstances and the reasons you may need a trust. This is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic estate planning documents that an individual needs? A basic estate plan should include the following documents. A healthcare surrogate designation, which is a written document designating a person or a person's to make healthcare decisions for you when you're unable to do so. A living will, which is a written document identifying the medical care you do or don't want at the end of your life, when you are unable to make healthcare decisions for yourself. A durable power of attorney, which is a written document designating someone to make financial and property decisions, and conduct financial transactions for you when you need assistance. And a last will and testament, which is a written document that states how you want your property distributed at your death. This basic estate planning documents must be signed and witnessed in accordance with Thorntel Law in order to be valid, depending on an individual circumstances additional documents such as a trust may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what are filial responsibility laws? Filial responsibility laws require adult children to support their parents when parents are no longer financially able to do so. 49 states have filial responsibility laws. The child's liability under filial responsibility laws differs from state to state. In some states, a nursing home or assisted living facility can sue a resident's adult children for unpaid bills while in other states the parent can sue a child for support. Florida has no filial responsibility laws, no legal duty requiring children to support their parents. In Florida, a child is not liable for their parents' care and support unless there is an enforceable agreement by the child or some wrongdoing that may create liability. However, adult children living in Florida, whose parents live in another state, may be liable for that parent's support based on the law of the state in which the parent lives. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver burnout? Caregiver burnout is a state of physical, mental, and emotional exhaustion due to excessive long-term stress usually associated with providing care for a loved one. As caregivers spend their time providing care for others, they neglect their own health and well-being, often feeling guilty when their health forces them to focus on themselves. This self-neglect over time causes burnout. Caregiver burnout is marked by depression, hopelessness, constant fatigue, withdraw from family and friends, irritability, changes in sleep patterns, changes in eating habits or weight, loss of interest in beloved activities, and even ranged toward the person receiving care. Caregiver burnout also causes increased physical illness, including chronic illnesses. Caregivers, who may be suffering from burnout, should seek help immediately for themselves and their loved one. The area agency on aging can direct caregivers to support services such as counseling, respite care, and private-sitter services to relieve the caregiving burden. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Certified Aging and Place Specialist? A Certified Aging and Place Specialist is a designation given to building professionals who have completed the Certified Aging and Place program. The program was developed by the National Association of Home Builders in collaboration with the AARP. It teaches builders the skills necessary to design, build, and remodel homes to meet the needs of people aged 50 and older. It emphasizes universal design to accommodate family members of all ages and abilities, allowing individuals to age in their homes. The program also provides builders with the business management and customer service skills to work with older adults and tailor their businesses to the needs of an aging population. Students who are building or modifying homes to accommodate the aging process or a disability should look for a builder that has been designated as a Certified Aging and Place Specialist. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Americans with Disabilities Act? The Americans with Disabilities Act or the ADA is a federal law providing civil rights protections for individuals with disabilities. The ADA guarantees equal opportunities in telecommunications, government services, employment, transportation, and public accommodations such as hotels and restaurants. The ADA protects three categories of people, those with a mental or physical impairment that substantially limits one major life activity, those who have a record of physical or mental impairment, and those who are perceived as impaired regardless of their actual impairment. The definition of disability under the ADA does not include specific impairments or physical characteristics indicating impairment. To comply with the ADA, businesses and government must remove barriers to accessing goods and services, provide auxiliary aids and services, modify policies to eliminate discrimination, and eliminate unnecessary eligibility criteria that segregate those with disabilities. The ADA National Network can provide guidance and training on ADA compliance. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. It is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what can employers do to prevent caregiver or family responsibility discrimination? First, employers must be aware all employees, male and female, young and old, can be caregivers. Employers subject to the Family Medical Leave Act should make all supervisors and managers aware of its provisions and provide employees with the appropriate notice of its provisions. Employers should be aware of common biases about caregivers, most of whom are women, and trained supervisors to spot and defuse them. These include beliefs, caregivers are unreliable, women should be home caring for family members, or men should focus on work and leave caregiving to their wives. While there are no federal laws specifically preventing caregiver discrimination, there are laws that create liability for actions resulting in caregiver discrimination. These include state and federal laws preventing discrimination against gender, age and disability. Employers must treat all complaints of potential caregiver discrimination seriously, and ensure that employees are not subject to retaliation for reporting them. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver or family responsibility discrimination? Caregiver or family responsibility discrimination is employment discrimination against employees based on the employees' family responsibilities, including caring for elderly parents or spouses. Women are most often the victims of caregiver discrimination because women are more often the caregivers for elderly spouses or relatives. Examples of caregiver discrimination include harassment, demotion, termination, and disparate treatment for manufactured infractions. There are no specific federal laws that outlaw caregiver discrimination. Even though no specific laws prohibit caregiver discrimination, there are laws used to fight it. Because women are most likely to suffer caregiver discrimination, gender discrimination equal pay laws are often used to combat it. Caregiver discrimination may also violate the American with Disabilities Act. If you believe you've been the victim of caregiver discrimination, contact the Florida Commission on Human Relations or the Equal Employment Opportunity Commission. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can I use the Family Medical Leave Act leave to care for my elderly parent? If you work for an employer covered by the Family Medical Leave Act and your parent suffers from a serious health condition certified by his or her health care provider, you can use the Family Medical Leave Act to take up to 12 weeks of unpaid leave in a year to provide care for your elderly parent. Your elderly parent's condition must either require an overnight stay in the hospital or other medical facility, incapacitate your parent for at least three days, or be a chronic condition causing your parent to suffer occasional periods of incapacity requiring treatment by a health care provider at least twice a year. To access Family Medical Leave benefits, you must provide your employer with the appropriate notice. For more information about the Family Medical Leave Act, ask your employer or visit the U.S. Department of Labor website. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Family Medical Leav Act? Family Medical Leav Act provides eligible employees of public agencies, school districts, and private employers with 50 employees or more, 12 weeks of unpaid leave each year, continuation of any group health benefits during leave, and the right to return to their same or equivalent job at the end of leave to care for a spouse, child, or parent with a serious health condition. Eligible employees are those that have worked 1,250 hours during the 12 months prior to the start of leave. Leave can be taken intermittently. Employers may require an employee to provide a certification of the Family Members' serious health condition before granting leave and can ask for recertification every 30 days. Employees must give a 30-day advance notice for leave unless the need for leave is unforeseeable and notices impractical. While an employee need not mention Family Medical Leav specifically, they must reference the qualifying condition and the need for leave. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is Senior's Vs. Crime? Senior's Vs. Crime is a special project of the Florida Attorney General. The program uses senior volunteers to assist other seniors who believe they have been the victim of a crime or scam. Volunteers, known as Senior Sluse, do several things through the program. They work with law enforcement to provide information about scams and frauds within the community. They educate the community about frauds and scams affecting Florida seniors and how seniors can protect themselves. Volunteers investigate complaints the Attorney General's Office receives from throughout the state, and volunteers may also work in undercover operations to obtain evidence through companies or individuals acting illegally. This must be at least 50 years old and can complete an online application at seniorversuscrime.com. If you believe you've been the victim of a scam, you can request help from Senior Versus Crime by contacting your local Senior Versus Crime Office or completing an online request for assistance. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can I protect myself from identity theft? Identity theft occurs when your personal information is used by another without your consent or knowledge. The key to preventing identity theft is to protect your personal and financial information. Do not provide personal or financial information in response to unsolicited requests. Review all your bank and credit card statements immediately and challenge any unauthorized transactions. Be sure to shred expired bank cards and all documents that contain personal or financial information. Finally, request your credit report once a year from annualcreditreport.com. Review the report for any accounts or transactions you do not recognize. If you find problems in your report, contact the credit reporting agency to challenge them. Any time you suspect your information has been stolen, place a fraud alert on your credit report with each credit reporting agency. Finally, when you find you have been a victim of identity theft, call law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is identity theft? Identity theft occurs when your personal information is used by another without your consent. You may be unaware your information has been used inappropriately until you are denied credit or receive a bill for purchases you did not make. There are several forms of identity theft. Fishing occurs when personal information is obtained by someone claiming to represent a legitimate corporation or government entity to get your information for fraudulent purposes. Skimming occurs when someone obtains your credit card information through an otherwise legitimate transaction and uses it without your permission. So ID theft occurs when someone uses your name and health insurance or Medicare information to obtain or bill for healthcare products or services. Identity theft also occurs when credit cards or checks are physically stolen and used to make purchases. To protect yourself from identity theft, you must protect your personal and financial information and regularly check your financial statements for unusual transactions. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Marchment Act? A Marchment Act usually refers to an involuntary proceeding under Florida Statutes Chapter 397, in which a court determines a person is impaired due to substance abuse, has lost self-control with respect to the use of the substance, has or is likely to cause serious harm to him or herself, or another, and due to the impairment is unable to make a rational decision regarding substance abuse treatment. A Marchment Act can be initiated by a court after a specific interested person has filed a verified petition, or certain licensed service providers. After the court enters a Marchment Act order, law enforcement takes the individual subject to a Marchment Act, to a receiving facility where he or she will be evaluated and an assessment is sent to the court. A person can be held up to five days for evaluation under a Marchment Act order. After the court receives the written assessment, a subsequent petition can be filed requesting that the individual be involuntarily placed in substance abuse treatment. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Baker Act? A Baker Act usually refers to an involuntary proceeding under Florida Statutes Chapter 394, in which a court determines a person is mentally ill and due to mental illness is unable to conclude that treatment is necessary or has refused voluntary treatment, is unable to provide for his or her own care and without treatment is likely to cause serious harm to him or herself or another. A Baker Act can be initiated by a court after an interested person has filed a verified petition, a law enforcement officer when a person appears to meet the Baker Act criteria, or certain mental health care professionals. When a Baker Act is initiated by a court order, law enforcement takes the individual subject to a Baker Act to a receiving facility, where he or she will be evaluated and mental health professionals decide what further action is necessary. A person can be held up to 72 hours under a Baker Act order. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Health Insurance Exchange under the Affordable Care Act? A Health Insurance Exchange is a key component of the Affordable Care Act, also known as the ACA. Health Insurance Exchange will be available for each state and our marketplaces where consumers can shop for health insurance plans, comparing planned benefits and prices in a side-by-side comparison. Under the ACA, the federal government will establish an exchange and provide grants to states to create their own. For states that do not establish exchanges, the federal government exchange will be the default exchange for consumers in those states. To be part of the exchange, plans must meet certain requirements. No plan can deny coverage for pre-existing conditions. All plans must include affordable basic coverage packages mandated by the ACA. Price variation of Health Insurance Plan will be based on a small number of factors, and all plans must be offered in four comparable tiers. Health Insurance exchanges are to be operable beginning January 2014. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an Aging Resource Center or an ARC? An Aging Resource Center or an ARC is one of 11 entities that work as a coordinated system throughout Florida to provide consumers with information on and access to long-term care resources including local, state, and federal programs related to long-term care. Each of Florida's 11 agencies on aging is designated as an ARC. The goal of the ARC system is to provide elders and their caregivers with uniform one-stop assistance throughout the state. ARCs are designed to reduce duplication of administrative work, minimize service fragmentation, and provide consumer-friendly access to services. The main functions of the ARC are to triage clients who require assistance, provide information and referrals for services, and determine functional and financial eligibility for programs. The ARC, serving individuals in the WFSU Listening Area, is the area agency on aging of North Florida. For more information or to contact your local ARC, call 1-800-96-L or 1-800-96-3-5337. Under-law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how do I find information about the ratings of a nursing home in Florida? Nursing homes are regulated by both federal and state governments, so information is available from both the state and federal government. Medicare.gov contains a listing of nursing homes throughout the U.S. with a five-star rating system. The search feature allows consumers to locate a nursing home by zip code, name, or town, and get inspection, quality, and rating information for each nursing home chosen. It also allows consumers to do a side-by-side comparison of nursing homes. Florida also provides information to consumers through FloridaHealthFinder.gov. Florida consumers can search for nursing homes and assisted living facilities in Florida by name, location, or type, and retrieve detailed inspection reports, licensing information, contact information for facility administration, and even administrative cases against the facility. This information allows consumers to determine the quality of a facility, as well as whether adverse incidents are a pattern within the facility and detailed correction plans. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Incident provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, are there independent living apartments available only to individuals over a certain age? Yes, there are independent living apartment complexes that are age restricted. The age restrictions are usually over the age of 50 or 62. Special federal and state laws allow certain apartment complexes to restrict access based on age. These complexes may be available in an unsubsidized retirement community, where the residents must be over a certain age and accept certain restrictions or amenities as part of their living arrangements. These private complexes may vary in cost, amenities, location, and residential restrictions, and will require residents to complete applications and sign agreements regarding the residents obligations. Some age restricted complexes may be considered affordable housing under federal, state, local, or county regulations. Residents who move into affordable housing complexes may have to meet certain income and asset eligibility standards, but rent is usually capped at a percentage of their income. For more information about affordable housing for the elderly in Florida, visit flordahousingsearch.org. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener who asks, are there veterans administration benefits available to cover the costs of long-term care for individuals who have not served in the military? VA benefits are only available to veterans who have served in the United States Armed Forces, who have been discharged under conditions other than dishonorable, or to the veterans' dependents. A dependent for the purposes of VA benefits may include a spouse, widow or widower, child or dependent parent depending on the benefit sought and the veteran's service. Surviving spouses, children, and surviving dependent parents may be eligible for dependency and indemnity compensation. Some dependents receiving dependency and indemnity compensation may also be eligible for aid and attendance. There may be other benefits available for surviving spouses and children based on a veteran's service, injuries and disabilities. Dependents of veterans can apply for these and other benefits online at VA.gov or by calling their local veteran service officer or 1-800-827-1000 for more information. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what do I need to do if my elderly parents are moving in with me? Elderly parents often move in with adult children later in life when they need care or because of financial difficulties related to limited resources in retirement and often these moves are done in crisis. The first thing to consider is whether the adult child is financially, physically, and emotionally able to add aging parents to the household. If parents move into an adult child's household, the parents in the child must discuss financial arrangements. Will parents be paying to stay in the household or for the care provided by the child if so, what will be paid and when? Elderly arrangements must be put in writing to reduce family disputes later. In addition, the parents and the child's family must work out the day-to-day living arrangements such as shopping, transportation, privacy, and even the use of a telephone. For guidance with regard to these arrangements, contact a Florida Bar Board certified Elder Law Attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I have a disabled child, is it best to leave them nothing in my will? Many families face what to do if a disabled child inherits money when parents die. Often the disabled child receives public benefits that would be reduced or eliminated if the child receives an inheritance. But the inheritance does not replace the value of those benefits. Families often believe the only option is to leave nothing to the disabled child. But with planning, a family can ensure the disabled child continues to receive necessary public benefits while benefiting from funds that she would have inherited. A family member can create a trust to hold assets that would have been inherited by the disabled child. That trust can restrict the use of those assets only for specific items for the disabled child, protecting the public benefits. This is called a special needs trust. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is informed consent for medical treatment? Informed consent for medical treatment is how a fully informed patient participates in healthcare decisions and makes choices regarding treatment. Patients have the right to direct their medical care and this is the heart of informed consent. To provide informed consent, a patient must understand the situation, understand the risks of treatment options, and be able to communicate a decision to the physician. To ensure a patient can provide informed consent, a physician should explain the treatment, including the risks, the reasonable alternatives to the proposed treatment, determine the patient understands, and determine the patient's decision. For many treatments, physicians provide written explanations including a list of risks and obtain the patient's consent. When a patient is unable to provide informed consent, a healthcare surrogate or healthcare proxy can provide informed consent after receiving the same information that would have been provided to the patient. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Community Care for the Elderly or CCE Program? The Community Care for the Elderly or CCE Program provides community-based services to homebound elders 60 years of age or older at risk for institutional placement to help them remain in the community and avoid nursing home placement. Eligible elders may receive services designed to keep them in the least restrictive most cost-effective setting possible. Services may include case management, adult day care, companion care, medical supplies, counseling, home delivered meals, home making, home health, referrals, legal assistance, personal care, respite, errands, and transportation. CCE is administered by Department of Elder Affairs, which contracts with 55 lead agencies throughout the state to provide CCE services. Eligibility is determined by an initial comprehensive assessment and annual assessments. Recipients may be required to pay co-payments based on the elder's ability to pay. Priority is given to victims of abuse and neglect or exploitation who need assistance to prevent further harm. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The program provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Silver Alert? A Silver Alert is a standardized public notification system adopted by statute and Florida in 2011 to broadcast information about missing elders with irreversible deterioration of mental functions such as Alzheimer's disease or dementia. This system uses various media outlets such as radio and television, as well as the highway message system to broadcast the elders' description and a description of any vehicle they may be driving to enlist the public in searching for and assisting in locating and rescuing the missing elder. Once the missing elder has been rescued, Department of Elder Affairs works with local memory disorder clinics, area agencies on aging and local services to provide follow-up assistance for the elder. Floridians can sign up for free Silver Alerts via email through the Department of Elder Affairs website. To learn more about Florida's Silver Alert plan and how it is activated in your community, contact the Florida Department of Law Enforcement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Memory Disorder Clinic? Memory Disorder clinics are one of four components of the Florida Alzheimer's Disease Initiative passed in 1985. Memory Disorder clinics use a team of physicians, nurses, social workers, and other memory disorder professionals to provide comprehensive assessments, diagnostic services, and treatment to individuals who exhibit symptoms of Alzheimer's disease and related memory disorders. Florida funds 13 of the 15 Memory Disorder Clinics established by the Alzheimer's Disease Initiative. In addition to assessments, diagnosis, and treatment, these clinics also develop training programs and materials for caregivers and healthcare professionals. Memory Disorder clinics provide support groups for patients and caregivers, make referrals to community services, provide caregiver counseling, and conduct research. The Tallahassee Memorial Neuroscience Center houses the Memory Disorder Clinic that serves most of the WFSU listening area. For more information about the Memory Disorder Clinics throughout Florida, or to contact the clinic nearest you, call 800-96-ELDER. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Shine Program? Shine stands for Serving Health Insurance Needs of Elders. The Florida Shine Program is a statewide volunteer-based program providing counseling and education on Medicare, Health Insurance, Medicaid, Medicare Supplemental Insurance and Long-Term Care Insurance. This program is administered through the Florida Department of Elder Affairs and funded by a grant from the Center for Medicare Medicaid Services. The Shine mission is to provide free unbiased health insurance information to Florida's elders, so they can make informed decisions about their health insurance options. Shine volunteers cannot hold an active health insurance sales license and usually provide at least 16 hours of volunteer time a month. The Shine Program provides free training and materials to volunteers and periodic training to ensure volunteers have the most current information. For more information on volunteering for or obtaining counseling assistance from the Shine Program, visit www.floor-to-shine.org or call 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org-ELDERLaw. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the special needs shelter? When evacuating to a shelter during a hurricane, there are two kinds of shelters, one for the general population and one for those with special medical, mental, health, or physical conditions. Most counties have special needs shelters, but you must meet certain requirements for admission. Some special needs shelters are within public shelters. Others are only for those with special needs. Basic medical assistance and monitoring are available, but these shelters usually do not have advanced medical equipment or medications and do not have staff to provide advanced medical care. Caregivers should always accompany special needs shelter clients. Clients should bring their own medications or transportable durable medical equipment. To learn more about the requirements for staying in a special needs shelter and how to register, call your county special needs registry which can be found at the Florida Department of Elder Affairs website or by calling 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is identity theft? Identity theft occurs when your personal information is used by another without your consent. You may be unaware your information has been used inappropriately until you are denied credit or receive a bill for purchases you did not make. There are several forms of identity theft. Fishing occurs when personal information is obtained by someone claiming to represent a legitimate corporation or government entity to get your information for fraudulent purposes. Skimming occurs when someone obtains your credit card information through an otherwise legitimate transaction and uses it without your permission. So ID theft occurs when someone uses your name and health insurance or Medicare information to obtain or bill for healthcare products or services. Identity theft also occurs when credit cards or checks are physically stolen and used to make purchases. To protect yourself from identity theft, you must protect your personal and financial information and regularly check your financial statements for unusual transactions. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are aid and attendance and housebound benefits for veterans? Aid and attendance and housebound benefits for veterans are benefits paid to a veteran in addition to the monthly pension benefit. To be eligible for aid and attendance or housebound benefits, the veteran must qualify for VA pension for veterans, which has certain eligibility criteria, and require the aid of another person to perform activities of daily living, be bedridden, be a patient in a nursing home, or meet a certain standard of visual impairment. A veteran cannot receive both aid and attendance and housebound benefits. To apply for aid and attendance or housebound benefits, contact the regional VA office where the Veterans Pension Benefits claim is filed, and provide evidence for the need for aid and attendance or housebound care. For more information and a list of evidence needed to support the claim, contact the VA at www.va.gov or 1-800-827-1000. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is VA Pension for Veterans? VA Pension for Veterans is a VA benefit paid to veterans discharged under conditions other than dishonorable, with at least 90 days of military service, including at least one day of wartime service, and who have limited or no income or resources. Applicants must be 65 years of age or older, a patient in a nursing home, or are permanently and totally disabled not due to the individual's own willful conduct. The maximum annual pension rate is $12,256. When determining whether a veteran's income is below the maximum annual pension rate, the veteran's unreimbursed medical expenses may be deducted from her income. To apply for pension for veterans, you must complete an application. Veterans can apply online at www.va.gov or call a veteran service officer in your area or call 1-800-827-1000 for more information. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the National Family Caregiver Support Program? The National Family Caregiver Support Program is a program administered by the Florida Department of Elder Affairs that provides services to family members caring for frail elders and grandparents or elderly relatives providing care for minor children or children with disabilities. The program is funded through the Older Americans Act, with resources provided to local area agencies on aging that acquire services for the program. Services include informational resources, counseling, help accessing community services, caregiver support groups, caregiver training, respite care, some supplemental services such as help with medical supplies and limited legal services. To qualify for program services, applicants must be an adult family caregiver providing in-home community care to a person over 60 or a relative over age 55 providing care for a child under age 18 or with disabilities. For more information about the National Family Caregiver Support Program, contact your local area agency on aging. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Medicare Supplemental Insurance Policy? A Medicare Supplemental Insurance Policy, also known as a Medigat Policy, is a private health insurance policy that supplements Medicare coverage by paying certain copays, deductibles, and co-insurances that Medicare does not pay. Federal Law requires 10 standardized Medigat policies, each with its own specific coverages. This means that any company selling Medigat policies must sell the same standardized policies as other companies selling policies, creating competition on cost, service, and reliability. But every company that offers Medigat policies sells all policies, but all companies must offer the basic Medigat policy called Plan A. Plans are designated by letters A through J, and each plan provides different coverages for a different premium cost, with A being the basic and least expensive, and J being the most expensive, and comprehensive. For more information about Medigat policies, contact the Florida Shine Program at 1-800-965-337. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor, and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what happens to my pets when I need someone to care for me? A significant part of an Elder's life is their pet. Often when an Elder needs care requiring placement away from their home, they resist because it may require separation from their pet or leave the pet without care. With a little planning, a pet can be cared for even when the owner is unable to do so. Some nursing homes and assisted living facilities allow an Elder to keep a pet in their rooms. A pet owner can also designate in writing a pet caregiver to provide care in the owner's absence. A pet owner should also authorize their agent under a durable power of attorney to pay the cost of the pet's care out of the owner's funds. In the owner's will, the owner should give the pet to a particular caregiver after the owner's death and create a pet trust to designate funds for the pet's care for the pet's life. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a geriatric care manager? A geriatric care manager is a professional usually with a background in social work, gerontology, or medicine that provides assistance to elders or their families in arranging and monitoring long-term care for an elder. A geriatric care manager can provide assessments to determine care needs and identify problems. Care managers can help with crisis intervention and assistance in coordinating appropriate care for chronic illness, including finding appropriate doctors and support services, and identifying ways an elder can pay for care. Care managers also assist in finding and arranging residential placement and monitoring institutional care to ensure the elder is receiving all necessary and appropriate services. Geriatric care managers can be helpful and necessary service for families who are caring for loved ones from a distance. When retaining a care manager, ask for their qualifications and background because care managers are not regulated in the state of Florida. For more information about geriatric care managers in your area, contact the Florida Geriatric Care Managers Association. Listen to archives of elder law issues at WFSU.org slash elder law. Elder law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is adult daycare? An adult daycare is also known as adult day services is a program that provides social activities, meals, and supervision during the day for elders with cognitive impairment or those with disabilities for a daily, weekly, or monthly fee. Participants arrive at the center in the morning and are picked up in the evening similar to a daycare for children. Adult daycare is allowed families of participants to continue to work during the day while caring for an elderly or disabled loved one. Adult daycare is allowed elderly or disabled individuals to continue to live in the community with their families and avoid institutional placement. Adult daycares in Florida are regulated and must meet certain guidelines to be licensed. Many are run by nonprofits or public entities such as hospitals. For information about adult daycare in your area, visit FloridaHealthFinder.com or contact the Elder Helpline at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is respite care? Respic care is temporary or short-term care for an elderly or disabled person provided by someone other than the regular caregiver. Respic care services can be provided in the home where the person is cared for by outside providers in a nursing home or assisted living facility or at an adult day care center. Respic care provides a temporary break for the regular caregiver, usually a spouse or child, and allows the regular caregiver to rest, take care of personal business, and maintain the household. Respic care is a necessary part of in-home long-term care to prevent a regular caregiver from experiencing burnout or other stress-induced illnesses associated with long-term care giving. Respic care services are provided by private businesses, friends and family, and some nonprofit entities. Costs are based on the services provided and the duration of the care. For more information about respic care services in your area, contact Elder Help Line at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. The company provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a reverse mortgage? A reverse mortgage is a mortgage against the equity in a home owned by an individual aged 62 or older. There are no credit or income requirements for a borrower to qualify for a reverse mortgage. The amount of the loan is based on the equity in the home, the borrower's age, and the mortgage interest rate. There are also various fees associated with a reverse mortgage that may reduce the total loan amount available to the borrower. The loan amount can be withdrawn in a lump sum, in periodic payments, or as needed, similar to a line of credit. The senior does not have to repay the loan as long as the senior resides in the home and is alive. The reverse mortgage payments can be used for whatever purpose needed by the senior, including caregivers, basic necessities, and personal discretionary spending. Before obtaining a reverse mortgage, applicants must complete a required counseling class to safeguard applicants from fraud and ensure they understand the transaction. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an annuity? An annuity is an insurance product that provides for periodic payments to an individual over a period of time based on the amount of money invested in the annuity and the interest earned on that investment. An immediate annuity begins making periodic payments immediately upon creation of the annuity. A deferred annuity begins payment at a later date following a period in which money is invested. Annuities can be either fixed rate annuities, meaning payment of a set guaranteed interest rate or variable rate annuities, meaning payment of interest based on performance of the investment option selected. The benefit of an annuity is that it can provide a steady, reliable source of income in retirement. However, when purchasing an annuity, you must be aware that there may be severe early withdraw penalties making the funds unavailable in a financial crisis. Annuities should be used as one part of a balanced financial portfolio that provides for your financial needs in retirement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is abuse of an elder? Abuse is any willful act or threaten act by a caregiver, relative, or household member that causes or is likely to cause significant impairment to the elder's physical, mental, or emotional health. Abuse can include the failure to act. Abuse includes the striking of the elder, refusing to take the elder to the bathroom with holding food, shelter, clothing, or other essential services, screaming at the elder, calling the elder names or otherwise berating them in any way. Abuse also includes isolating the elder, threatening to physically harm them, threatening to send them to an institution, or threatening to embarrass them. If you suspect abuse of an elder, you should immediately contact Adult Protective Services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Your report may save the elder's life. Listen to archives of Elder Law Issues at WFSU.org-slash-elderlaw. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is neglect of an elder? Neglect of an elder is the failure or omission by a caregiver to provide care, supervision, or services necessary to maintain the elder's physical or mental health. This includes the failure to provide food, shelter, clothing, medical care, or supervision considered essential to the well-being and safety of the elder. Neglect can also occur when the elder fails to obtain care, supervision, or services necessary to provide for her physical or mental health. A caregiver neglects an elder when a caregiver fails to make reasonable efforts to protect an elder from abuse, neglect, or exploitation by others. That can be a single incident or course of conduct which could reasonably be expected to result in the physical or mental harm or a substantial risk of death. If you suspect neglect of an elder, you should immediately contact adult protective services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The elder provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is exploitation? Exploitation is when a person who stands in a position of trust or confidence with an elder knowingly obtains or uses the elder's property with the intent to deprive the elder of the use or benefit of that property. This can be done by intimidation, deception, or taking advantage of an elder's diminished capacity. Exploitors can be anyone including family members, financial planners, caregivers, friends, or members of a church or community organization. Common signs of exploitation include sudden changes in spending habits, sudden and complete dependence of the elder on an exploiter, isolation of the elder by the exploiter, and access by the exploiter to the elder's finances. If you suspect exploitation of an elder, you should immediately contact Adult Protective Services at 1-800-96-Abuse. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when someone dies in test state? To die in test state means to die without a last-will in testament to dispose of your property. When you die without a will, your property is disposed of in accordance with the laws of in-testate succession. A common misconception is that in-testate succession means the state receives your property. Instead, in-testate succession means your property is distributed to your relatives in accordance with Lord of Law. This includes distributions to your spouse or children or both. If you have no spouse or children, other relatives, such as grandchildren, parents, or siblings, will inherit your property. If and only if there are no surviving relatives, including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for 10 years following payment to the state. To be sure your property is distributed at death to those you want to have it, discuss your estate plan with your attorney. To be sure your property is distributed at death to those you want to have it, discuss

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the pre-existing condition insurance plan or PCIP? The pre-existing condition insurance plan or PCIP is a health insurance program through the Affordable Care Act. It provides health insurance coverage to individuals who have pre-existing conditions and have no other available coverage. To be eligible for PCIP, you must be a citizen or legal resident of the United States. You must have been without health insurance coverage for more than six months and have a pre-existing condition or been denied health insurance coverage due to a pre-existing condition. PCIP is available in every state and provides comprehensive health coverage for participants. PCIP is not a needs-based government benefit program. It is a health insurance program. Like all health insurance, the insured will pay a monthly premium and other copays pursuant to the chosen insurance plan. PCIP has not been affected by the lawsuit floored a file against the Affordable Care Act. For more information on PCIP coverage and premiums in Florida or to apply, go to www.pcip.gov. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is long-term care insurance? Long-term care insurance is insurance that covers the cost of care necessary to perform your activities of daily living or the supervision you might need for your safety when you have a cognitive impairment such as a stroke or Alzheimer's disease. Long-term care insurance can cover the costs of care at home in an assisted living facility or in a nursing home. The costs of long-term care insurance coverage depend on a variety of factors including the insurance age, daily rate of coverage, the type of care covered, inflation riders, and waiting periods. Long-term care insurance plans that meet certain requirements are eligible for favorable tax benefits to the insured and are eligible for participation in the long-term care partnership program, which allows individuals to offset assets equivalent to certain long-term care coverage for Medicaid eligibility purposes. When purchasing long-term care insurance, you should purchase insurance through a reputable salesperson and from a top-rated company. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an income-only trust or a qualified income trust? An income-only trust or qualified income trust is a trust created for the sole purpose of allowing individuals who need long-term care Medicaid benefits to qualify for those benefits when their income exceeds the monthly income cap. The monthly income cap for 2011 is $2,022 per month while the cost of a nursing home is approximately $6,000 a month. The income in a qualified income trust does not count toward the monthly income cap. The income in the qualified income trust is then used to pay the applicant's share of cost to the nursing home, which is the applicant's gross income minus a small personal needs allowance. A qualified income trust does not protect a Medicaid applicant's income from the required patient responsibility. Even with a qualified income trust, a Medicaid applicant's assets must still be less than the asset cap and the applicant must be medically eligible before receiving Medicaid long-term care benefits. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a special needs trust? A special needs trust is a trust design to allow a disabled beneficiary to benefit from property without losing essential and life-sustaining public benefits. Special needs trust can be established with the assets that belong to the disabled beneficiary such as proceeds from a personal injury settlement or can be created with the assets of friends and family such as an inheritance. Special needs trusts are subject to legal restrictions on how the trust assets can be used to benefit the disabled beneficiary. There are also restrictions regarding who can serve as trustee. Certain special needs trusts are also required to repay the state for Medicaid benefits after the death of the disabled beneficiary if there are assets left in the trust after the beneficiary's death. A special needs trust when properly created and administered can be a valuable and essential tool for the protection, long-term support, and quality of life of the disabled beneficiary.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Testimentary Trust? A Testimentary Trust is a trust created in one's last will and testament. Testimentary Trust do not take effect until the individual who created the will dies. Testimentary Trust allow one to nominate a trustee to administer assets after death in accordance with the trust requirements set forth in the will. A Testimentary Trust can be used to leave assets for the benefit of a minor child. It can also be used to leave assets and trust with restrictions to protect a disabled beneficiary from the loss of necessary public benefits or to protect the assets from a beneficiary who is unable to manage money. A Testimentary Trust requires a probate proceeding to effectuate the terms of the trust and approve the chosen trustee because the trust is contained in a will. Testimentary Trust can be used as part of an estate plan to provide benefits and protections for beneficiaries after an individual's death without the burdens of trust administration during the life of the individual. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living trust? A living trust is a written trust agreement between a settler and a trustee whereby the trustee administers the assets during and after the life of the settler, also known as the Grantor. These are called living trust because they take effect during the settler's lifetime instead of at death. During the settler's life, usually the settler is the only beneficiary, and often the settler is the initial trustee. One of the benefits of a living trust is that it allows a settler to name a successor trustee who can take over in the event the settler loses the ability to manage his or her finances. The successor trustee can manage the assets and trust without instituting a formal incapacity proceeding against the settler, and may facilitate the distribution of the settler's estate after death without a probate proceeding. There are administrative duties associated with maintaining a living trust, and the trustee owes the beneficiaries a fiduciary duty. Before creating a living trust, you should have a thorough discussion of its burdens and benefits with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a trust? A trust is a legal arrangement by which an individual places his or her property with another individual or entity to be managed for the benefit of a beneficiary. The person who creates the trust replaces the property and the trust is referred to as the set-lor or grantor. The person or entity managing or distributing the property in accordance with the terms of the trust is referred to as the trustee. The persons or entities that receive the property are referred to as beneficiaries. In a trust arrangement, the duties of the trustee are set out in the legal document or court order that creates the trust. The trustee owes a duty of loyalty and trust to the beneficiaries. This duty is also referred to as a fiduciary duty. There are many types of trust which are designed to serve the needs of grantors and beneficiaries in many circumstances. Some of the most common trusts used in Elder Law are living trusts, special needs trusts, income-only trusts, and test-ameneray trusts. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living will? A living will is your declaration of the kind of treatment you do or do not want when you are facing end-of-life decisions and are incapable of making them. A living will should be in writing and witnessed in accordance with Florida Law. A living will gives directions to your healthcare decision-makers and healthcare providers regarding whether life-pologuing procedures should be provided withdrawn or withheld. A living will can also give specific direction regarding your comfort and palliative care. Florida Law even allows you to designate someone in your living will to ensure enforcement of its provisions. A living will only goes into effect if you are incapable of making end-of-life decisions and have an end-stage condition, a terminal condition, or in a persistent vegetative state. When creating your living will, be sure to talk to your family, healthcare providers, and healthcare decision-makers about the decisions you want made on your behalf so that everyone understands and can carry out your wishes. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a healthcare proxy? A healthcare proxy is the individual that is designated by Florida Law to make medical decisions for a patient when that patient is unable to do so and has not designated a healthcare surrogate. The individual who will make medical decisions for the patient is predetermined by a hierarchy set out in Florida statutes and includes in the following order, an individual spouse, adult children or majority of adult children available at the time decision must be made, a parent, a sibling, or other relative or friend. A healthcare proxy makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A proxy may also make end-of-life decisions if the patient is unable to do so. If you want a particular person to make healthcare decisions for you and you cannot, that person may not be the individual that the law designates as your proxy, so be sure to designate them your healthcare surrogate in writing to avoid the uncertainty of the selection of a healthcare proxy. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is what is a healthcare surrogate designation? A healthcare surrogate designation is a written document signed by an individual or principal when he or she is competent, designating another to make medical decisions when the principal is unable to do so. The individual appointed to make medical decisions for another makes those decisions based on substitute a judgment rule. This means the individual must make the decisions based on what the principal would have decided for him or herself. A healthcare surrogate makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A healthcare surrogate may also make end-of-life decisions if the principal is unable to do so. If you have not designated a healthcare surrogate, consider appointing one. If you do not, Florida Law provides a decision-maker that can and will make decisions for you if you are unable to do so, which we'll be discussed in next week's minute. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a durable power of attorney? A durable power of attorney is a legal document signed by an individual when he or she is competent, giving an agent authority to act on the individual's behalf with regard to financial decisions. A durable power of attorney specifically states that the authority granted by the document can be exercised by the agent even if the individual is incapacitated. An agent acting under a durable power of attorney has a duty of loyalty to the individual for whom the agent is acting, meaning the agent must act in the best interest of the individual, using any exceptional skills he or she may have to benefit the individual. The authority granted to the agent is expressly stated in the durable power of attorney document and an agent cannot exercise any authority not provided in that document. A durable power of attorney is an important planning document when faced with debilitating illness requiring others to act on your behalf. In 2011, the Florida legislature made many changes to the law's governing durable powers of attorney, so make sure you talk to your attorney before creating or executing any durable power of attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicaid? Medicaid is a government health insurance program that provides medical and long-term care coverage to low income individuals and families who meet asset and income limits. The cost of the Medicaid program is shared by the federal and state governments. Medicaid for low income individuals who are disabled or age 65 or older is referred to as SSI-related Medicaid. Florida residents who receive supplemental security income or SSI are automatically eligible for Medicaid. Individuals with limited resources who need assistance with long-term care services in a nursing home or in the community may also be eligible for Medicaid that helps cover the cost of that care. Medicaid programs that cover the cost of long-term care in the community have limited funding and long-waiting lists. In 2011, Governor Scott signed a new law making changes to Florida's Medicaid program. These changes require Medicaid beneficiaries to enroll in managed care organizations and pay premiums. To make such changes to the Medicaid program, Florida must submit a waiver request to the federal government and receive federal approval. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicare? Medicare is a government health insurance program for individuals aged 65 or disabled individuals under age 65. US citizens in permanent residence are eligible for Medicare. If they have worked in Medicare-covered employment for at least 10 years or are the spouse of someone who has, there are two basic parts to Medicare, part A and part B. Part A pays for hospital and inpatient care as well as rehab in a skilled nursing facility. For most, there are no monthly premium payments for part A. Part B is commonly referred to as medical insurance covering visits to the doctor and other medical services. Part B recipients pay a monthly premium for coverage. In addition to monthly premiums, recipients also pay deductibles and co-payments for services. For those with limited income and resources, the state may help pay Medicare premiums and co-payments. Metagap insurance can also be purchased to cover these co-payments. Medicare recipients should also consider choosing a Medicare Prescription Drug Plan to help cover additional prescription drug costs. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Elder Law? Elder Law is the holistic area of law addressing the special legal needs of elders and those with disabilities and chronic debilitating illnesses. Elder Law encompasses many things including a state planning, incapacity planning, guardianship, Medicare, Medicaid, veterans benefits, long-term care planning, prevention of exploitation, abuse and neglect, as well as end-of-life planning. Elder Law attorneys specialize in this area of law and are recognized by the Florida Bar as experts in this area due to meeting special education and training requirements. Elder Law attorneys work with clients as well as co-counsel with other attorneys to assist clients with those issues addressed by Elder Law. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a letter from the lottery stating I won a substantial prize but need to pay taxes or a processing fee before I can collect. Is this a scam? Yes, this is one of many lottery-style scams designed to steal a victim's money and identity. Any time you are told you won money but need to make an advance payment or provide sensitive information such as credit card or bank account numbers or a Social Security number to collect, this is a scam. When a victim pays the requested money, the predator takes the money as well as the bank account or credit card numbers or Social Security numbers and uses them. These scams are often referred to as fishing scams. Fishing is any attempt by a predator to obtain sensitive personal information for malicious purposes such as identity theft. If you are contacted by one of these scams report it to law enforcement or to Florida Lottery's Division of Security. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a call from Microsoft stating that identified my computer is running slow and they needed to access it to fix it, is this a scam? Yes, Microsoft does not make unsolicited calls. This is a scam to steal personal information on your computer, as well as your credit card information. Predators contact victims by phone stating they notice the victim's computer is suffering from some problem. The predator will offer to fix the problem for a small fee charged to the victim's credit card. The predator directs the victim to a website where the predator gains access to the victim's computer via the internet. Once the predator accesses the victim's computer, the predator steals the victim's personal information on the computer and installs virus software. With the victim's personal information and credit card, the predator can steal the victim's identity and money. If you are called, hang up. If you think you've been a victim, contact law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a call from someone claiming to be the IRS asking me to send the money for taxes. Is this a scam? Yes, this is an aggressive scam designed to steal money and personal information from victims. In this scam, the predator calls a victim posing as an IRS agent and tells her she owes back taxes. The predator demands the victim pay those taxes immediately with either a wire transfer or a prepaid bank card. The predator may threaten to have the victim arrested, revoke the victim's driver's license, or even seize the victim's property or home. In every instance, it is a scam. The IRS will never call you to demand immediate payment to be made through wire transfers or prepaid bank cards. The IRS will mail you a bill and give you an opportunity to challenge any assessment of taxes or penalties. If you receive one of these calls, contact your accountant or the IRS at 800-829-1040. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can someone help me when I'm appealing a denial of Medicare coverage? Yes, Medicare recipients can have someone assist them with the appeals related to Medicare coverage denials. A Medicare recipient can appoint a representative to help with the appeals process. She can appoint a family member, a friend, a physician, her attorney, or other chosen person to assist. To appoint a representative, the Medicare recipient must either complete the appointment of representative form, which can be found on the Medicare website or submit a written request with the appeal. The written request must include specific information about the representative, including contact information, a statement of appointment. A description of the representative's professional status, such as a doctor, and an explanation of why the Medicare recipient is being represented. The request must also contain a statement authorizing release of medical information to the representative. The request must be signed by the Medicare recipient and her representative. For more information, contact 1-800-META-CARE. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a beneficiary and family-centered care quality improvement organization under Medicare? A beneficiary and family-centered care quality improvement organization, also known as a BFCC QIO, is an organization that reviews complaints and quality of care for Medicare recipients. The BFCC QIO is the first appeal for Medicare recipients in hospital and non-hospital settings who believe their Medicare coverage is ending too soon. For example, if a Medicare patient is notified by a hospital or skilled nursing facility that she is being discharged, but she believes discharge is inappropriate, she can request the state's BFCC QIO review the discharge as soon as she receives the notice. The BFCC QIO will review the discharge and make a decision within 72 hours of the patient's request. If the BFCC QIO agrees with the patient, she is not discharged. If the BFCC QIO disagrees with the patient, Medicare coverage ends and the patient is financially responsible for services or can take the next level of appeals. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a spell of illness under Medicare? A spell of illness under Medicare is also referred to as a benefit period. A spell of illness begins on the day a Medicare patient is admitted to a hospital or skilled nursing facility and continues until 60 consecutive days after which the patient has received no skilled care. For example, if a Medicare patient falls and breaks a hip and is admitted to the hospital for a week, then to a rehabilitation center for two months and then home, but returns to the hospital 90 days after returning home, the return to the hospital marks the beginning of a new spell of illness. While there is no limit to the number of spells of illness in a Medicare recipients lifetime, each spell of illness has its own copayments. Medicare patients or their caregivers must understand the beginning and end of a spell of illness to calculate the healthcare costs not covered by Medicare. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley, the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when a Medicare recipient is in a hospital, but on observation status? Under Medicare, observation means specific clinically appropriate services, including ongoing short-term treatment, assessment, and reassessment, before a decision can be made about whether a patient requires further treatment as a hospital inpatient, or if the patient can be discharged. The hospital is paid for the services as outpatient services, being classified as a patient on observation status versus being admitted to the hospital has significant consequences to a Medicare patient. While the hospital is paid for its services when a patient is on observation status, the patient may be ineligible for certain Medicare benefits, or responsible for additional costs because the hospital stay is not covered by Medicare Part A. Observation status will also make the patient ineligible for Medicare-scaled nursing rehabilitation coverage following hospitalization. When a patient is staying in a hospital, she should ask whether she has been admitted or merely under observation. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the reasons a resident can be discharged or transferred from a nursing home? Federal and state law limit the reasons a nursing home resident can be discharged from the facility or transferred to another. Federal law allows a resident to be discharged for the following reasons. Discharge is necessary for the resident's well-being and the nursing home cannot continue to provide services. The resident's health has improved so nursing home care is no longer necessary. The resident is no longer safe in the nursing home. A doctor or the nursing home's director determines the person is a danger to other residents. The resident's fails to pay for services or the facility closes. A resident cannot be discharged or transferred simply because the source of payment changes such as a resident becoming eligible for Medicaid. If a resident believes discharge is inappropriate, she can challenge the discharge by requesting a hearing in writing within 10 days of receiving the notice of discharge. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother is in a nursing home and was told she had to leave by the end of the week, but we don't believe she is well enough to go home, does she have to leave? Under both federal and state law, a nursing home generally has to provide 30 days notice prior to discharge. There are some exceptions such as a medical emergency or a safety concern regarding your mother. The nursing home must provide a resident, her family, or legal representative with written notice of discharge. This notice must include the reason for discharge and directions on how to challenge the discharge if the resident disagrees. The notice must also be provided to the long-term care ombudsman prior to discharge. Nursing homes can only discharge a resident for certain reasons and discharge must be to an appropriate alternative placement that meets your mother's needs. If your mother disagrees with the discharge, she can request an administrative hearing to challenge the discharge. Listen to archives of Elder Law Issues at WFSU.org- Slash Elder Law Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a business refuse to allow me in with my service animal? In Florida, it is a second degree misdemeanor to discriminate against or refuse services to someone using a service animal. The ADA allows a business owner to ask only two questions about a service animal. Is it a service animal? And what is it trained to do? Business owners cannot ask about the nature of an individual's disability or ask the handler to demonstrate the animal is actually trained to do a task. A business owner can refuse to allow a service animal in the business if it is not house trained or if it is not under the control of its handler. Discrimination against or fail you to provide services to a person with a service animal is punishable by up to 60 days in jail, a $500 fine and 30 hours of community service with an organization that provides services to individuals with disabilities. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, is it illegal to represent a pet as a service animal? In Florida, it is a second degree misdemeanor to represent an animal as a service animal when it is not actually a service animal. In Florida, a service animal is a trained dog or miniature horse taught to assist an individual with a disability and which usually wears special identification. Misrepresentation of a service animal is punishable by up to 60 days in jail, a $500 fine, and 30 hours of community service with an organization that provides services to individuals with disabilities. While the ADA limits the questions that can be asked about a service animal, a fake service animal can often be identified by its behavior. Fake service animals are usually not as well-behaved as service animals. Fake service animals may jump bark or stray from their owner. They may attempt to interact with people other than the owner or not respond to its handler's commands. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchy law firm in WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic costs of a service dog and how are they paid for? Service dogs are specially trained animals that provide assistance to persons with disabilities. There is no federal or state funding for an individual to purchase or fund a service animal. Generally, service animals are bred and trained by non-profit organizations with a mission to provide service animals to individuals in need. The cost of raising and training a service animal is between 20,000 and 50,000 dollars. During the training process, private donors through the non-profit organization support the animal and costs of training. Once an animal is placed with a person with a disability, that person is responsible for the veterinary and cost, food, and supplies. Veterans who need a service dog can contact the Veterans Administration for information about VA assistance in finding a service dog through a non-profit organization, as well as subsidies for veterinary and care for a veteran service dog. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how does an individual with a disability get a service dog? Non-governmental or nonprofit organizations often donate a trained service or guide dog to individuals who qualify? To qualify for a service dog an individual must be disabled, submit an application, and complete an extensive review process, which includes the individual's ability to financially care for the dog. It costs between $20,000 and $50,000 to raise and train a service dog. If an individual is chosen to receive a service dog, that individual will then be required to attend training with the service dog. As of the cost and length of training for service dogs, most organizations have a 2-10-year waiting list. Occasionally, individuals ask to have their personal dogs evaluated for service dog training. While it can happen, it is rare that a personal pet can become a service animal. For more information about service animals, contact a service animal trainer in your area. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guide dog for the visually impaired? A guide dog for an individual with visual or site impairment is a service dog trained to lead, blind or visually impaired individuals around obstacles and to assist with navigation and daily tasks. Although guide dogs can be trained to navigate various obstacles, dogs are partially colorblind and obviously are incapable of reading street signs. Therefore, the guide dog is part of a team with its owner who directs the dog based on his or her skills acquired through mobility training. The guide dog and human team also go through extensive training as a team to ensure the owner can utilize the dog and the dog will follow the owner's direction. Guide dogs are commonly referred to as seeing eye dogs. However, this is a specific dog trained by a specific training company. Guide dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a service dog? A service dog is any guide dog or dog trained to perform tasks for persons with disabilities. This includes guiding the blind, alerting the hearing impaired, protecting persons with seizure disorders, reminding those with mental illness to take medications, calming a person with post-traumatic stress disorder, opening or closing doors, drawers or refrigerators, picking up items or assisting individuals with autism. Any breed can be trained as a service dog, but the most common breeds are labs or German shepherds. Dogs who solely provide comfort or emotional support are not service animals under the ADA. Service animals must be allowed to accompany owners wherever members of the public are allowed and are usually harnessed, leashed or tethered unless the devices interfere with the service animals' work or the individual's disability. Service dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother died without a will. What happens to her property? When someone dies without having a last will and testament to dispose of their property, they are said to have died in test date. When one dies in test date like your mother, their property is distributed to their family according to the state laws of in test date succession. A common misconception is that in test date succession means the state receives the property. However, in test date succession means the deceased's property is distributed to family members based on their relationship with the deceased. In test date distribution goes to the spouse or children or both. If the deceased person has no spouse or children, other relatives such as grandchildren, parents or siblings will inherit the property. If and only if there are no surviving relatives including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for several years following distribution to the state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, I was told I need a living trust for my property. Do I? Whether you need a trust depends on your specific circumstances. Many people are told they need a trust but not everyone does. People are often told they need a trust to avoid probate, protect their estates from taxes and attorneys fees, or prevent family fights. However, the extent of these benefits is often exaggerated. Trusts are legal entities established for a particular reason. Once a trust is established, all or part of your property is placed in the trust and administered by a trustee which can be you or someone else. The trustee only has access to and control over the property in the trust. Depending on the trust agreement, trustees have legal duties to manage property prudently and provide periodic accountings to beneficiaries. Before creating a trust, talk to an attorney about your circumstances and the reasons you believe you need a trust. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the sketchley law firm and www.fsu. Not to be provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my father is a World War II veteran and needs long-term care. Are there any benefits that can help pay the costs? Your father may qualify for VA benefits to pay for his care. Benefits are available to veterans who've served in the United States Armed Forces, were discharged under conditions other than dishonorable and served in wartime. Because of his wartime service, your father may have preference to receive long-term care in a VA nursing home. He may also qualify for pension and aid in attendance, which can be used to pay for care in non-VA facilities. These programs pay monthly payments to individuals who meet certain income and asset limitations, and who need assistance of another person to complete their activities of daily living, or who are bedbound. Your father or his legal representative can apply for these and other benefits online at VA.gov or by calling his local veteran service officer. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is, my identity was stolen but I don't know how they got my information. Identity theft is when your personal information such as name, social security number, date of birth, credit card information or driver's license is used by another through deception for economic gain. Personal information can be taken from bank statements thrown in the trash, information on a check if a social security number, date of birth, or printed or written on it, or through phishing schemes. In phishing schemes, predators contact victims through email representing themselves as banks or companies and request the victim provide personal data or passwords in response to the inquiry. There's also used telemarketing scams such as impersonating government entities to get personal information. To protect against identity theft, be sure to protect all your personal information. Do not give information to telemarketers or through internet contact if you did not initiate the contact. Shred all sensitive documents and immediately report any suspicious activity. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, should I review my estate plan at the beginning of the year? And a state plan has to be reviewed regularly to ensure that it continues to meet your needs and can be accommodated using the resources available to you. The beginning of the year is the perfect time to review your estate plan as you meet with your accountant to discuss yearly tax issues and with your financial planner to review your finances for the coming year. While you may not have to make changes to your estate plan each year, a yearly review keeps you aware of what is in your estate plan and who will help you when you need assistance with healthcare or financial decisions. It also makes it easier to change your estate plan as your circumstances change. Typically, you modify your estate plan if you get married or divorced, experience a birth or death in your immediate family, or move to another state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I got married. What should my spouse and I do with regard to our estate plan and retirement? Marriage changes your legal status with regard to making medical decisions, rights to each other's estates upon death, the ability to participate in employer-provided health and long-term care benefits, access to public benefits such as Social Security and Veterans benefits, and the availability of marriage preferences in the federal tax code. Once you are married, notify the Social Security Administration. If you receive employment benefits or employment-based retirement benefits, notify your employer or retirement plan administrator. If changing events, like marriage, open a window, usually 60 days, in which a spouse can be added to benefits such as health insurance. Also, review all beneficiary designations on your life insurance policies and retirement accounts. While spouses can make medical decisions for one another in the absence of an advance directive, you should consult your attorney to update your estate plans, including distribution of your estate upon death. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues is, what can I do to help my sister who is caring for our mother? Helping a family caregiver is essential to ensuring the health of the caregiver and the stability and continuity of a loved one's care. If you want to help a family member who is a caregiver, call and ask what health they need. Family caregivers usually have a routine through which they provide care to a loved one. This routine ensures the stable, consistent delivery of care. The most common help a family caregiver needs is respite care. Caregivers spend an average of 22 hours per week providing care in addition to their jobs and other family obligations. Family care is temporary relief of the family caregiver from caregiving duties, so a caregiver has time to attend to personal issues and have leisure time. Planned regular respite care is essential to preventing caregiver burnout. Family caregivers should have at least one full day a week free of caregiving duties. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley the sketchley law firm. Today's elder law issue question is what is considered exempt property in a probate proceeding? Exempt property is a share of a deceased person's estate to which his or her family would be entitled under Florida probate law. The property is limited to four types of property. The most common exempt property is household furnishings, appliances and furniture located in the deceased's residence valued at $20,000 at the date of death. The next most common exempt property is vehicles belonging to the deceased at the time of death used by the deceased or his immediate family for personal use. Prepaid qualified college tuition plans that meet certain requirements are also considered exempt property. Finally, death benefits paid to teachers and school administrators due to certain violent acts during school hours are also exempt property under Florida probate law. Family members entitled to exempt property must make a claim for it within a certain time in a probate proceeding and receive the property free of most creditors claims. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Unprovided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what is the family allowance and appropriate proceeding? When an individual dies with a surviving spouse or children he or she was supporting or was obligated to support at the time of death, the spouse and children may be entitled to money from the estate to maintain this support during the time of probate administration. In Florida this support is referred to as a family allowance. In a states that have the income or assets to provide this allowance it cannot exceed $18,000. This allowance can be paid in periodic payments or in a lump sum. It can be paid directly to those entitled to it or to their custodians or caregivers. It can be paid only after payment of certain priority creditors such as taxes and funeral expenses but before creditors such as credit cards. Individuals entitled to the family allowance must make a claim for it in the probate proceeding within a certain time after the estate is opened. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special financial considerations made to a deceased person's family in a probated state? Pro-Bate Laws create special financial preferences designed to protect family members from certain predators and provide limited support throughout the probate process when an individual dies. These preferences differ from state to state and are usually limited to certain individuals such as a spouse or minor children. In Florida, these preferences include protecting the deceased's home, protecting certain personal property including automobiles, and providing limited support during the probate process. Florida mandates that a deceased's home stead passed to a spouse or minor children and passed free of most creditor's claims so a family always has a home. In addition, spouses may be entitled to a special distribution known as the elective share. Families may also be entitled to a small family allowance during the probate process and to the exemption of certain personal properties such as home furnishings and the deceased's vehicles. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, we are in our 60s and considering getting married, how can marriage impact us? First, marriage can impact your pension or so security benefits. If you receive a pension or will receive a pension in the future from a deceased spouse, remarriage may terminate those benefits. Next, discuss how you will pay future long-term care costs, consider purchasing long-term care insurance. If you are unable to purchase long-term care insurance, talk to an attorney about potential responsibility for each other's costs of care and how to minimize it. Finally, consider the impact of marriage on your estate plan. In Florida, a spouse is entitled to certain benefits due to marriage unless waived by a marital agreement, including an interest in your home even if you owned it before you were married. If you want to maintain your current estate plan, speak with an attorney about a prenuptial agreement to waive any spousal rights that would interfere with your estate plan. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, should we purchase prepaid funeral arrangements for our mother who has Alzheimer's? When a loved one dies without funeral arrangements, it is stressful and confusing for a family to make these arrangements immediately after death. In the midst of your grief, you may fall victim to unnecessary up-sale techniques that increase the cost of a funeral. Purchasing funeral arrangements prior to your mother's death while difficult will allow your family to plan an appropriate memorial for your mother with an a budget your family can afford. Pre-made arrangements can also make the care of your mother's remains at her death easier because the funeral home to whom her body will be released will already be determined. The funeral home personnel will collect your mother's body as soon as they are notified of her death. Finally, in the event your mother needs nursing home care subsidized by Medicaid, prepaid funeral arrangements that meet certain requirements are not counted as assets in determining eligibility. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what step should I take after a loved one dies? When a loved one dies, families often receive conflicting information about what to do first and who might be responsible for the deceased loved one's bills and distributing property. First, a family must make funeral arrangements in compliance with the loved one's wishes. These wishes may be in a loved one's will or in prepaid arrangements made by the loved one prior to death. Once funeral arrangements are made, work with the funeral home to order death certificates and notify the Social Security Administration. Following the funeral, collect all the deceased loved one's important documents such as the will, trust agreement, bank account records, and life insurance policies and make an appointment with an attorney to discuss whether a probate proceeding is necessary to distribute property, who is responsible for securing the deceased's property, how to notify creditors of the death, and who, if anyone, is responsible for payment of the loved one's debts. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the sketchley law firm and www.wfsu.com. And provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what factor should I consider when choosing a home health agency for my father? First consider the kind of care your father needs. If he needs help with grooming, eating or reminders to take medications, non-medical or companion care may be all he needs. If he needs medications administered or therapy, he will need a medical assistance such as nursing. Some agencies provide non-medical or companion care services while others provide medical and companion care services. Next be sure the agency is licensed. You can look up an agency's license and any fines against the agency on FloridaHealthFinder.gov. So determine how the services will be paid for. If the services are paid for by Medicare, Medicaid or insurance, you must choose an agency that takes that form of payment. Finally, talk to the agency intake personnel to be sure they are able to provide the services your father needs in the environment in which he lives. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. One provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, has Florida changed its definition of exploitation? Yes, Florida has updated its criminal exploitation laws expanding the acts that constitute exploitation of an elder or vulnerable adult. In addition to knowingly depriving an elder of her property, it may also be exploitation if an elder gives her loans $10,000 or more to someone they have known for less than two years, and it is not a commercially sound transaction or charitable contribution. If a fiduciary such as a trustee, guardian, or agent breaches his fiduciary duty, it may also be considered exploitation. In addition, exploitation can include a fiduciary or caregiver failing to use an elder's income or assets for necessities, including food, shelter, clothing, or medical care. The new law increases the penalties for exploitation. If you suspect exploitation of an elder reported immediately to law enforcement or by calling adult protective services at 1-800-96 abuse. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Senior Center? A Senior Center is part of the Aging Network established by the Older Americans Act. A Senior Center is the focal point within a community to provide services to elders. Florida has approximately 260 senior centers. The service is provided following to five categories, health, including mental health, social, nutritional, educational, and recreational. Senior Centers receive financial support through the Older Americans Act, as well as local organizations, grants, private donations, and local government. Most senior centers serve meals as a focal service. However, many senior centers also provide health and wellness programs, art classes, art generational programming, educational programs, volunteer opportunities, benefit application assistance, employment assistance, transportation, information and referral services, legal counseling, and travel programs. For more information about your local senior center and the services it can provide, call the Florida Elder Helpline at 1-800-96-ELDER. Listen to our kinds of Elder Law Issues at wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Older Americans Act? The Older Americans Act was originally passed in 1965 in response to concerns about the lack of services for older Americans. It established the administration on aging and a network of delivery services to the elderly. Today, it helps provide service programs through a national network of area agencies on aging, service providers, and tribal organizations. It funds critical services that are designed to keep older adults healthy and independent. These services include meals, job training, senior centers, caregiver support, transportation, health promotion, and benefits enrollment. The Older Americans Act also includes community service employment for low-income older Americans, training research and demonstration activities in the field of aging, and activities designed to protect vulnerable adults. For more information about the services available throughout the Florida Panhandle, contact the area agency on aging for North Florida at 1-800-963-5337. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what precautions should I take if I am traveling with someone with dementia? Many families will vacation over the summer taking with them loved ones who have dementia, before making travel arrangements for an individual with dementia, determine their true level of needs and abilities. Travel can be overwhelming and traumatizing to someone in the later stages of dementia. If travel is possible, make sure that all travel is arranged to be done during the times of day when your loved one is at their best. Be prepared for some behavioral issues related to the change in environment or increased stimulation, which can include wandering, confusion, and agitation. Keep a comfort bag for your loved one with you at all times. Include in the bag a list of their medications and dosage, copies of the legal documents allowing you to make medical and other legal decisions, and their health insurance information. Alert airport personnel and hotel staff to your loved ones' difficulties. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special preparations for seniors and hurricane season? Hurricane season runs from June 1st through November 30th. It is important for everyone to be prepared for hurricane season with their hurricane supplies. However, seniors and individuals with disabilities need to make extra preparations. For those with special medical needs, they should register for the special needs shelter in their area to ensure priority evacuation if evacuation becomes necessary. If you take medications, work with your pharmacist and doctor to get an extra months medication in the event of an evacuation or loss of utilities or road access. Finally, prepare an immediate evacuation kit with two sets of clean clothing, extra medications. Your health insurance or Medicare cards, copies of your durable power of attorney and health care advance directives, an extra set of eye glasses, contact information for your emergency contact, the name and contact information for your doctor, and a list of medications and dosages. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother has been told she needs 24 hour a day care. What are our options for getting that care? There are three basic options for providing around the clock care for your mother. The most common is care provided by your family. Your mother can move in with you or another family member. Adult day care or companion care services can provide care when you are unable to do so. If your mother remains in her home, you and your family, or paid caregivers, or a combination of family and paid services, can work in shifts to provide care 24 hours a day. In the event, your mother cannot afford in home care, or it cannot be provided by a family member. She can receive 24 hour care in an assisted living facility or nursing home. These facilities will supervise her and provide services based on her level of care, the facility type and the cost. Listen to our kinds of Elder Law Issues at WFSU.org slash elder law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law issue question is, when should I change my will? Your will is the legal document that directs the disposition of your property upon your death. As long as you are competent, you can change your will. Certain life changes often require a change to your will. Common circumstances that require a change include the birth of a child, your own marriage or divorce, the death of your spouse or a child, the death of the person you have nominated as your executor, or a change in the law that impacts the transfer of your property. You should consider changes to your will when you move to a new state or your children reach the age of adulthood, marry, or have children of their own. You may also want to consider changes when you acquire more property or retire. Periodically, you should review your will to be sure that it expresses your wishes and properly distributes your property. Listen to our kinds of Elder Law issues at www.wfsu.org. Slash Elder Law. Elder Law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, when do I need a will? If you die without a will, the law in your state requires distribution of your assets to your family based on a predetermined statutory formula without regard to the emotional relationships between them or their specific needs. Without a will, the law also determines who can serve as the executor of your state, even if you would not designate the individual chosen by law. If you want your assets distributed in a way that differs from the statutory formula or designate a specific person as an executor, you will need to have a will. In your will, you can designate an executor of your choice and distribute your assets in the way you wish. A will can allow you to create trust to protect vulnerable family members, leave specific gifts to friends, and leave money to charities. To determine if you need a will, contact your attorney to discuss your planning options. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I am raising my grandchildren. How should I include them in my estate plan? If you are raising your grandchildren, you must plan on how your grandchildren will be cared for if you are no longer able to do so. Depending on the legal arrangements allowing you to raise your grandchildren, you can designate a guardian for them. If you're going to financially support them, explore options to set aside funds for their education, and determine if you will provide them with an inheritance at your death. If you do decide if it should be distributed directly to them or left in a trust to be distributed over a period of time, for a particular reason, or when they reach a certain age. If your grandchildren are receiving public benefits, you may create a special needs trust to hold the inheritance. Because of the unique relationship with your grandchildren, seek advice from a lawyer in developing your estate plan. Listen to our kinds of Elder Law Issues at WFSU.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I care for my grandchildren and my income is limited. Is there financial assistance available to me? Depending on the legal arrangement allowing you to care for your grandchildren, the status of their parents and the income of your grandchildren, a variety of benefits may be available to assist you. First, parents are always obligated to support their children even if you are the caregiver. So, you may be entitled to child support from one or both parents. If the parents are disabled or deceased, your grandchildren may qualify for Social Security survivor or family benefits depending on their parents' work history. If your grandchildren are disabled, they may qualify for supplemental security income. Finally, benefits like food stamps, Medicaid, TANF, and low-income energy assistance may be available based on your household income and size. For more information about public benefits for you or your grandchildren, contact the Social Security Administration or Florida's Department of Children and Families. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my daughter is ill and now I care for my grandchildren do I need any legal documents to prove I'm their caregiver. Depending on the nature of your daughter's illness, a formal legal arrangement may be necessary to allow you to care for your grandchildren. The children's father may also need to be a part of the decision about your legal relationship with your grandchildren because he has a legal obligation to support and parent his children. An informal arrangement to care for your grandchildren may be as simple as your daughter's written consent allowing you to enroll them in school or get medical care for them. A formal legal arrangement may include a court granting you custody or designating you as a guardian for your grandchildren. If you are to be a permanent caregiver for your grandchildren, adoption may also be appropriate. Before you agree to take responsibility for your grandchildren, speak to an attorney about any necessary legal arrangements. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what will it cost to have my long-term care provided in my home? The cost of long-term care services differ with in Florida from region to region. This also depends on the services you need and the duration of those services. According to the 2013 Genworth Financial Annual Cost of Care Survey, long-term care services in our area are lower than Florida's average. Homemaking services average $3,300 a month. Home health aids that assist with activities of daily living and supervision are $3,500 a month. Adult daycare services average $1,000 a month. During the cost of maintaining your household, you should anticipate spending between $7,000 and $10,000 a month if you need 24-hour a day long-term care services and are receiving those services in your home. While some public benefits may supplement this cost, no program will pay it entirely.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila sketchley of the sketchley law firm. Today's elder law issue question is what services will I need if I want long-term care in my home? Long-term care is not medical care. Instead, it is the supports and services one must have to meet their personal care needs and maintain safety. Long-term care services include help completing activities of daily living or ADLs such as bathing, dressing, transferring from chair to bed, eating and using the bathroom. Services also include help with everyday tasks like shopping, housekeeping, making meals, laundry, transportation, medication management, and assistance with using the telephone. As mental function declines, long-term care services can also include supervision to ensure the individual does not engage in activities that endanger their health, well-being, or safety. Individuals needing long-term care may also need help with financial decisions, money management, healthcare decision, and supervision of the service providers in their home. Long-term care services can be provided by family members or professionals. Listen to our kinds of elder law issues at www.wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and www.wfsu.com. It is the opinion of the sponsor and not of www.wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what can I do to age in place? Most people prefer to remain in their homes as long as possible receiving long-term care in their home. This is referred to as aging in place. There are a number of factors you must consider to achieve this goal. Your home should be a single story, single-level home with accessible rooms and bathrooms. If not, you may have to modify it for accessibility. Next you should consider the kind of in-home services available in your community and the cost of those services. Once you know the services and costs, you must then determine if your financial resources can pay for those services in your home and for how long. Finally, you must develop a legal plan to ensure that you have someone to act on your behalf when you're unable to do so. This plan should include a durable power of attorney and health care advanced directives. Listen to our kinds of Elder Law Issues at www.wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Medicaid fraud? While Medicaid recipients can commit Medicaid fraud, Medicaid fraud is more commonly a healthcare provider intentionally obtaining unauthorized payments from Medicaid. Medicaid fraud can include fraud under both federal and state laws. It includes a variety of actions including billing Medicaid for services and equipment that are not actually provided, billing for services or medications that patients do not need, overcharging for services using false provider credentials to receive payment, and paying kickbacks in exchange for referrals for medical services or equipment. Consumers can detect Medicaid fraud by reviewing their summary of benefits related to their Medicaid coverage. If you suspect Medicaid fraud by a provider, you can report it to the Office of Attorney Generals Medicaid fraud unit at 1-866-966-7226. You will be asked to give the provider name, description of fraudulent acts, Medicaid number, and name of the Medicaid recipient.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is Medicare fraud? Medicare fraud occurs when Medicare is billed for services and supplies that a consumer did not receive. The goal of Medicare fraud is to obtain payment from Medicare using illegitimate means. Common schemes of Medicare fraud include billing a patient's Medicare number for a service that was not received, billing for medical equipment that was not received, overcharging for a service or product, and ordering tests or medications the patient does not need. Florida has a significant problem with Medicare fraud due to the numbers of Medicare beneficiaries that reside here. Medicare beneficiaries can spot Medicare fraud by carefully reviewing their explanation of benefits for inappropriate charges. If you suspect Medicare fraud, you can report it by calling 1-800-META-CARE with the name of the provider and the specifics about the fraudulent charges. Medicare offers rewards of up to $1,000 for confirmed reports of Medicare fraud. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Social Security fraud? Social Security fraud is the misuse waste or taking of Social Security funds. There are three common forms of Social Security fraud that involve the recipients of Social Security benefits. First, making fault statements in support of a claim for Social Security benefits is fraud. Second, failing to disclose or concealing certain facts that would affect eligibility for Social Security benefits is fraud. The third form of fraud is when the representative payee receives Social Security benefits intended to benefit a recipient and misuses those benefits such as refusing to use them for the beneficiarious food and shelter. If you suspect Social Security fraud, you can report it online via mail, by fax or by phone. For more information about Social Security fraud and how to report a suspected fraud, visit the webpage for the Office of Inspector General for the Social Security Administration at oig.ssa.gov.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the qualifying individual program? The qualifying individual program, also known as the QI program, is one of four Medicare savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. Unlike other Medicare savings programs, QI benefits are limited. Assistance is granted on a first-come-first serve basis with priority given to previous QI benefit recipients. Individuals with growths income, less than $1313 a month, and countable assets less than $7,080 qualify for QI benefits. Individuals must apply for QI benefits every year. QI benefits pay only your monthly Medicare Part B premiums. To apply for the QI program, contact Florida Medicaid at 866-766-2237 or online at myflorta.com forward slash access Florida. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the specified low-income Medicare Beneficiary Program? The specified low-income Medicare Beneficiary Program, also known as the Selimbi Program, is one of four Medicare Savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $1,169 a month and countable assets less than $7,080 qualify for Selimbi benefits. There are separate limits applicable to married couples. Selimbi benefits pay only your monthly Medicare Part B premiums. To apply for the Selimbi Program, contact Florida Medicaid at 866-766-2237 or online at myflorda.com forward slash access Florida.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Qualified Medicare Beneficiary Program? The Qualified Medicare Beneficiary Program, also known as the QMB Program, is one of four Medicare Savings Programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $978 a month and countable assets less than $7,080, qualify for QMB Benefits. There are separate limits applicable to married couples. QMB Benefits include payment of your Medicare Part A premiums, Medicare Part B premiums, and all your Medicare deductibles, co-payments, and co-insurance. To apply for the QMB Program, contact Florida Medicaid at 866-766-2237 or online at my florida.com forward slash access Florida.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is, my mother needs to be placed in a nursing home. How do we pick a good one? Choosing a nursing home is a difficult decision. First, look at the facilities nearest you and your family so your loved one can have frequent visitors. Next, review the facilities inspection ratings on floortohealthfinder.gov. Then, call the facilities and find out if they are admitting new patients and whether they accept Medicare and Medicaid. Finally, tour each facility. During your tour, note how the facility smells, whether it looks clean, and whether the staff is visibly working in the corridors and rooms. Watch staff interactions with patients and how the patients interact with one another. In addition, watch the patients. Notice whether they are placed in front of a television in a central room or engaged in activities. Finally, ask for written pricing information and whether the facility will keep your loved one as a long-term care resident if initially admitted for rehabilitation. Listen to our kinds of elder law issues at WFSU.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is how do I know if an attorney is competent in elder law? Finding an attorney for any legal problem is difficult. Because of the complexity of elder law it is imperative that you determine whether an attorney is qualified to handle an elder law matter. Two questions can help you determine if you have a qualified elder law attorney. One, how much of their practice is dedicated to elder law and how long have they been practicing in the field? Elder law is complex and changes often. This requires an attorney to remain current in the area. The attorney should dedicate a significant portion of their practice to elder law and have been practicing for several years. Two, is the attorney Florida Bar Board Certified in Elder Law. Florida Bar has made that determination of expertise based on peer review, testing, and continuing education. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm, providing elder law services, including all aspects of planning for aging, long-term care, and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what are the signs of abuse in a nursing home or assisted living facility? Elder abuse can occur anywhere, including a nursing home or assisted living facility. There are three types of abuse common in facilities, physical and emotional abuse, and neglect. Signs of physical abuse include unexplained bruises, welts, broken bones, scratches, or swelling at the ankles and wrists. Signs of emotional abuse include sudden changes in an elder's mental state, isolation of the elder from visitors, or belittling or humiliation by a caregiver. Signs of neglect include unexplained weight loss, dehydration, unclean surrounding bedsores on heels or buttocks, untreated bedsores on any part of the body, or filthy facility conditions. To prevent abuse in a facility, be sure you visit your loved one often and at unexpected times. If you detect abuse, immediately report it to the facility administrator. You can also report facility-based abuse to 1-800-96 abuse, or to the agency for healthcare administration. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is a good gift for someone with dementia? Finding the perfect gift for someone with dementia can be difficult. When choosing a gift, you may need to consider the stage of dementia your loved one is experiencing. A great gift for anyone at any age of dementia is a date calendar clock with large numbers, comfy clothing that is easy to wear, or a family photo album with photos labeled for easy reference. For individuals at the beginning stages, notepads, colorful sticky notes and a calendar make good gifts. These items help your loved one keep appointments and reminders around the house. For individuals who reside in a facility, good gifts include a decorated visitors journal where your loved ones' visitors can leave messages to memorialize their visits or a family photo collage to hang on the wall of their room. For individuals in later stages of dementia, brightly colored lap quilts monographed with your loved one's name also make great gifts. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, my elderly mother needs help what options does my family have to get her help? Your family's options depend on the kind of assistance your mother needs and her resources. Help with Erin's housework and custodial care can be provided by family members while your mother continues to live in hers or a family member's home. If no family member is available to help and if your mother has the resources she may be able to hire professionals to provide her needed assistance. If she is unable to get services in her home she may be able to move to an assisted living facility that can provide services for a fee based on her needs. If she needs more intensive care she may need to move to a nursing home where she will receive both medical and custodial care. If your mother's resources are limited she may have to apply for public benefits to pay for her care which may limit her options. Listen to our kinds of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I believe that my aging parents need help but I don't know how to talk to them about it. There are many ways to approach your aging parents with concerns about their need for help. First, listen to your parents. Your parents may give you an opening to discuss their need for help. If your parents don't create an opening, approach them, be direct but respectful about your concerns. Ask if they are aware of the problems you see and if so, how you might be able to help them. If your parents refuse to discuss your concerns, don't argue, wait for another opportunity. Don't assume your parent is refusing because she doesn't recognize the problem. If several family members have concerns, organize a family meeting to discuss the issues with your parents. Ask family members to come to the meeting with not only their concerns but also their proposed solution and how they can help your parent. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, how can I tell if my aging parents need help? As our parents age, they may slow down or even experience a decline in physical and mental abilities. While not everyone needs assistance as they age, there are signs that indicate an aging parent may need help. These signs include sudden unexplained weight loss, signs of forgetfulness such as repetitive questioning, repeating conversations, and difficulty remembering common words, dramatic changes in your parents' mood, and unclean appearance or strong body odor, sudden and inexplicable financial problems such as bounce checks and disconnected utilities, or the presence of a new friend that appears to be isolating your parent. If your parent exhibits these signs, visit your parents' home to assess it for hazards and respectfully discuss your concerns with them. If they are in imminent danger, immediately contact law enforcement or emergency medical services. An elder law attorney may be able to help you and your parents to determine if additional legal intervention is necessary. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues question is, my sister is my mother's caregiver and I want to help. Is there any way I can help without offending her? Approximately 65 million Americans are caregivers. The caregiving duties often fall to one family member. Other family members may wish to help but wait for the caregiver to ask. Don't wait for your sister to ask for help and don't just give her suggestions on how she could be a better caregiver. Offer to help her with the tasks that reduce her burden or she may be unable to do given her caregiving duties. Offer to make and bring a complete meal to your mother at least once a week include disposable plates and utensils to reduce cleanup. To help with yard or basic housework also offer to assume the caregiving burden during a period of time each week so your sister can have time to take care of herself and her personal obligations. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my father once his ashes scattered in a national park, can we do that? Many people request their cremated remains be scattered in a place that held meaning to the loved one and their family. However, scattering cremated remains in a public place raises many public health issues. The scattering of ashes on land is governed by a patchwork of federal, state, and local regulations designed to protect the public and the sanctity of human remains. If your loved one once his or her remains scattered in a body of water, there are additional considerations, including preventing others who use the water from ingesting the remains. Many national and state parks and lands do allow cremated remains to be scattered. However, this requires a special permit and may only be done at the place and time specified in the permit. If your loved one once his ashes to be scattered in a body of water, additional permission may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilis sketchley of the sketchley law firm. Today's elder law issues question is, my mother appointed me as her power of attorney. What should I do? When you have been appointed to act on behalf of another under a power of attorney, you must first determine whether you are willing to accept the duties required by the power of attorney. As an agent for your mother, also known as the principal, you will conduct financial transactions on her behalf. You owe her a fiduciary duty, which means you must conduct all transactions prudently and in her best interest. You will also be required to keep an accounting of the transactions you conduct and disclose it when requested or ordered to do so. If you do not believe you have the time or ability to fulfill these duties, you may want to decline the appointment. If you accept your appointment, you should seek the advice of an attorney who can more fully advise you on your responsibilities, duties, and consequences of failing to fulfill them. Listen to our kinds of elder law issues at wfsu.org, slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a non-lawyer advise me about my estate and long-term care planning? Non-lawyers can only provide very limited assistance with your estate and long-term care planning. A state planning requires legal advice in the creation of legal documents. Only lawyers can provide legal advice, which occurs when the lawyer applies the law to your particular circumstances and directs, councils or recommends a course of action based on this analysis. Only lawyers can create legal documents such as wills, trusts and powers of attorney. Non-lawyers can only provide you with pre-printed forms, but are even prohibited from recommending the type of form you need or telling you the information needed to complete it. Many non-lawyers advertise they provide the same services as an attorney despite these strict limitations on their actions. When a non-lawyer gives you legal advice or creates legal documents for you, this is called the Unlicensed Practice of Law. It is illegal and harms consumers. Listen to our kinds of elder law issues at WFSU.org, slash elder law. Elder law issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I'm turning 65, what do I need to do? Most people know that when you turn age 65 you become eligible for Medicare and must enroll in parts A, B and D. 65 is a milestone birthday and in addition to enrolling in Medicare you should do the following. Shop four and purchase long-term care insurance if you are eligible. Decide when to claim your Social Security retirement benefits if you have not already claimed them early. Review an update your estate plan including your will, power of attorney and living will. Discuss your end of life wishes and long-term care plans with your family. Review your financial status and retirement plan to determine whether your savings is on track to pay for your long-term care and retirement. Finally, determine whether you would like to age in the home in which you currently live or would like to downsize to a smaller, more accessible home. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what should I do if I think my elderly parent is no longer a safe driver? Not every older person is an unsafe driver. However, if you truly believe your elderly parent is an unsafe driver, address it immediately. Understand the loss of the ability to drive often leaves individuals isolated and dependent on others. Few people accept this loss without resistance. Try talking to the elder about how you and your family can help them from being isolated so they can quit driving. If that fails, organize a family meeting in which several family members express their concerns or observations about the danger of the elder continuing to drive. If that fails, you can report the elder to the Florida Department of Highway Safety, which can result in the revocation of their driver's license. In emergencies, take away the keys or disable the car. For more information, visit Florida's Grand Driver page on the Department of Highway Safety website. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the statewide Medicaid Managed Care Long-Term Care Program? Florida was given a waiver that allows the state to require all Medicaid recipients to enroll in a Managed Care Organization to receive Medicaid benefits. The first group of recipients required to enroll in Managed Care are those needing Medicaid Long-Term Care benefits such as Nursing Home Care. This is referred to as Florida's statewide Medicaid Managed Care Long-Term Care Program. Individuals who need nursing facility care and are residing in a nursing home or receiving Medicaid Long-Term Care Services through certain home and community-based programs will be notified that they must enroll in a Managed Care Organization in their region. Most of the WFSU listening area is in Region 2. Medicaid Long-Term Care recipients in Region 2 can choose to enroll in one of two Managed Care Organizations. Florida's Agency for Healthcare Administration will send Medicaid recipients letters notifying them of the enrollment requirement and procedures. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is managed care? Managed care is a health or long-term care delivery system in which managed care organizations are responsible for providing health or long-term care to the individuals enrolled in their organizations. A managed care organization creates a network of care providers who provide a set of services to the individuals enrolled in the organization. Individuals enrolled in the managed care organization receive their health or long-term care through only these providers. The managed care organization pays the providers based on a contract the organization has with each provider. A managed care organization can set criteria that enrollees must meet to receive certain services, including prior authorization requirements or limits on the number of visits to a specialist within the network. Services provided by companies outside the managed care organizations network are usually not paid for by the managed care organization and are the responsibility of the individual. Florida is currently transitioning its Medicaid program to a managed care system. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I wrote out my last will and testament by hand, is it valid. A handwritten will is referred to as a holographic will. It is handwritten and signed by the individual making it. Holic wills are often written in emergency situations such as when the individual is facing death and not usually signed in the presence of witnesses. In some states, a holographic will that meets certain criteria is a valid last will and testament. However, in Florida, a holographic will created in Florida is not a valid last will and testament unless it is signed and witnessed in accordance with Florida law. A holographic will created in another state might be considered valid in Florida depending on the law in the state in which it was written. However, getting it recognized in Florida would require extensive evidence and could be a costly legal undertaking. To be sure your will is valid, consult an attorney about the requirements for a valid last will and testament. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can families prevent conflict associated with caregiving? One source of conflict in families who are providing care for a loved one is a lack of or perceived lack of communication. To avoid conflicts associated with a lack of communication, families should create a practical communication plan that provides information and updates on the status of the loved one. Email is a free effective communication tool with internet access available in public libraries and in many restaurants and other public places. Family members provide the primary and respite caregivers with their email addresses. Caregivers will set aside time each week to write a family email sent to everyone's email address. The email should include updated medical and medication information, updated financial information, any signs of the loved one's declining condition, a short list of activities in the week, and any developing concerns related to the loved one. Caregivers should also use this message to ask for input from non-caregiving family members. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Then provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm Attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how often should you review your estate plan? Many believe that once an estate plan is created, it can be placed in a safety deposit box and forgotten. However, the estate plan you created several years ago may no longer fit your circumstances. May have been unexpectedly changed by new laws in your state or not comply with the laws of the state in which you currently live. To ensure your estate plan continues to fit your needs, you should review it with an attorney every time you have a major life-changing event. Life-changing events include the birth of a child or grandchild, moves between states or a move of more than 250 miles within a state, the death of a spouse, the death of a loved one, marriage divorce, a child reaching the age of majority, marriages or divorces involving your adult children, the diagnosis of a catastrophic or chronic illness or milestone birthdays such as your 50th, 60th or 70th. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener. Do I need a trust for my property? Not everyone needs a trust. Many people have been told they need a trust. Some of the most common reasons people are told to have a trust are to protect their estates from the costs of probate, to protect their estates from taxes and attorneys fees, or to prevent family fights. However, trust are not for everyone. Trusts are legal entities established for a variety of reasons based on your specific circumstances. Your property will be placed in the trust and administered by a trustee which can be you or someone else. While trusts may be used to avoid probate, they are not necessarily cheaper than the costs of probate in Florida after the initial costs of creating and funding the trust, and they don't prevent family fights. Before creating a trust, talk to an attorney about your circumstances and the reasons you may need a trust. This is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic estate planning documents that an individual needs? A basic estate plan should include the following documents. A healthcare surrogate designation, which is a written document designating a person or a person's to make healthcare decisions for you when you're unable to do so. A living will, which is a written document identifying the medical care you do or don't want at the end of your life, when you are unable to make healthcare decisions for yourself. A durable power of attorney, which is a written document designating someone to make financial and property decisions, and conduct financial transactions for you when you need assistance. And a last will and testament, which is a written document that states how you want your property distributed at your death. This basic estate planning documents must be signed and witnessed in accordance with Thorntel Law in order to be valid, depending on an individual circumstances additional documents such as a trust may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what are filial responsibility laws? Filial responsibility laws require adult children to support their parents when parents are no longer financially able to do so. 49 states have filial responsibility laws. The child's liability under filial responsibility laws differs from state to state. In some states, a nursing home or assisted living facility can sue a resident's adult children for unpaid bills while in other states the parent can sue a child for support. Florida has no filial responsibility laws, no legal duty requiring children to support their parents. In Florida, a child is not liable for their parents' care and support unless there is an enforceable agreement by the child or some wrongdoing that may create liability. However, adult children living in Florida, whose parents live in another state, may be liable for that parent's support based on the law of the state in which the parent lives. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver burnout? Caregiver burnout is a state of physical, mental, and emotional exhaustion due to excessive long-term stress usually associated with providing care for a loved one. As caregivers spend their time providing care for others, they neglect their own health and well-being, often feeling guilty when their health forces them to focus on themselves. This self-neglect over time causes burnout. Caregiver burnout is marked by depression, hopelessness, constant fatigue, withdraw from family and friends, irritability, changes in sleep patterns, changes in eating habits or weight, loss of interest in beloved activities, and even ranged toward the person receiving care. Caregiver burnout also causes increased physical illness, including chronic illnesses. Caregivers, who may be suffering from burnout, should seek help immediately for themselves and their loved one. The area agency on aging can direct caregivers to support services such as counseling, respite care, and private-sitter services to relieve the caregiving burden. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Certified Aging and Place Specialist? A Certified Aging and Place Specialist is a designation given to building professionals who have completed the Certified Aging and Place program. The program was developed by the National Association of Home Builders in collaboration with the AARP. It teaches builders the skills necessary to design, build, and remodel homes to meet the needs of people aged 50 and older. It emphasizes universal design to accommodate family members of all ages and abilities, allowing individuals to age in their homes. The program also provides builders with the business management and customer service skills to work with older adults and tailor their businesses to the needs of an aging population. Students who are building or modifying homes to accommodate the aging process or a disability should look for a builder that has been designated as a Certified Aging and Place Specialist. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Americans with Disabilities Act? The Americans with Disabilities Act or the ADA is a federal law providing civil rights protections for individuals with disabilities. The ADA guarantees equal opportunities in telecommunications, government services, employment, transportation, and public accommodations such as hotels and restaurants. The ADA protects three categories of people, those with a mental or physical impairment that substantially limits one major life activity, those who have a record of physical or mental impairment, and those who are perceived as impaired regardless of their actual impairment. The definition of disability under the ADA does not include specific impairments or physical characteristics indicating impairment. To comply with the ADA, businesses and government must remove barriers to accessing goods and services, provide auxiliary aids and services, modify policies to eliminate discrimination, and eliminate unnecessary eligibility criteria that segregate those with disabilities. The ADA National Network can provide guidance and training on ADA compliance. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. It is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what can employers do to prevent caregiver or family responsibility discrimination? First, employers must be aware all employees, male and female, young and old, can be caregivers. Employers subject to the Family Medical Leave Act should make all supervisors and managers aware of its provisions and provide employees with the appropriate notice of its provisions. Employers should be aware of common biases about caregivers, most of whom are women, and trained supervisors to spot and defuse them. These include beliefs, caregivers are unreliable, women should be home caring for family members, or men should focus on work and leave caregiving to their wives. While there are no federal laws specifically preventing caregiver discrimination, there are laws that create liability for actions resulting in caregiver discrimination. These include state and federal laws preventing discrimination against gender, age and disability. Employers must treat all complaints of potential caregiver discrimination seriously, and ensure that employees are not subject to retaliation for reporting them. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver or family responsibility discrimination? Caregiver or family responsibility discrimination is employment discrimination against employees based on the employees' family responsibilities, including caring for elderly parents or spouses. Women are most often the victims of caregiver discrimination because women are more often the caregivers for elderly spouses or relatives. Examples of caregiver discrimination include harassment, demotion, termination, and disparate treatment for manufactured infractions. There are no specific federal laws that outlaw caregiver discrimination. Even though no specific laws prohibit caregiver discrimination, there are laws used to fight it. Because women are most likely to suffer caregiver discrimination, gender discrimination equal pay laws are often used to combat it. Caregiver discrimination may also violate the American with Disabilities Act. If you believe you've been the victim of caregiver discrimination, contact the Florida Commission on Human Relations or the Equal Employment Opportunity Commission. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can I use the Family Medical Leave Act leave to care for my elderly parent? If you work for an employer covered by the Family Medical Leave Act and your parent suffers from a serious health condition certified by his or her health care provider, you can use the Family Medical Leave Act to take up to 12 weeks of unpaid leave in a year to provide care for your elderly parent. Your elderly parent's condition must either require an overnight stay in the hospital or other medical facility, incapacitate your parent for at least three days, or be a chronic condition causing your parent to suffer occasional periods of incapacity requiring treatment by a health care provider at least twice a year. To access Family Medical Leave benefits, you must provide your employer with the appropriate notice. For more information about the Family Medical Leave Act, ask your employer or visit the U.S. Department of Labor website. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Family Medical Leav Act? Family Medical Leav Act provides eligible employees of public agencies, school districts, and private employers with 50 employees or more, 12 weeks of unpaid leave each year, continuation of any group health benefits during leave, and the right to return to their same or equivalent job at the end of leave to care for a spouse, child, or parent with a serious health condition. Eligible employees are those that have worked 1,250 hours during the 12 months prior to the start of leave. Leave can be taken intermittently. Employers may require an employee to provide a certification of the Family Members' serious health condition before granting leave and can ask for recertification every 30 days. Employees must give a 30-day advance notice for leave unless the need for leave is unforeseeable and notices impractical. While an employee need not mention Family Medical Leav specifically, they must reference the qualifying condition and the need for leave. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is Senior's Vs. Crime? Senior's Vs. Crime is a special project of the Florida Attorney General. The program uses senior volunteers to assist other seniors who believe they have been the victim of a crime or scam. Volunteers, known as Senior Sluse, do several things through the program. They work with law enforcement to provide information about scams and frauds within the community. They educate the community about frauds and scams affecting Florida seniors and how seniors can protect themselves. Volunteers investigate complaints the Attorney General's Office receives from throughout the state, and volunteers may also work in undercover operations to obtain evidence through companies or individuals acting illegally. This must be at least 50 years old and can complete an online application at seniorversuscrime.com. If you believe you've been the victim of a scam, you can request help from Senior Versus Crime by contacting your local Senior Versus Crime Office or completing an online request for assistance. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can I protect myself from identity theft? Identity theft occurs when your personal information is used by another without your consent or knowledge. The key to preventing identity theft is to protect your personal and financial information. Do not provide personal or financial information in response to unsolicited requests. Review all your bank and credit card statements immediately and challenge any unauthorized transactions. Be sure to shred expired bank cards and all documents that contain personal or financial information. Finally, request your credit report once a year from annualcreditreport.com. Review the report for any accounts or transactions you do not recognize. If you find problems in your report, contact the credit reporting agency to challenge them. Any time you suspect your information has been stolen, place a fraud alert on your credit report with each credit reporting agency. Finally, when you find you have been a victim of identity theft, call law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is identity theft? Identity theft occurs when your personal information is used by another without your consent. You may be unaware your information has been used inappropriately until you are denied credit or receive a bill for purchases you did not make. There are several forms of identity theft. Fishing occurs when personal information is obtained by someone claiming to represent a legitimate corporation or government entity to get your information for fraudulent purposes. Skimming occurs when someone obtains your credit card information through an otherwise legitimate transaction and uses it without your permission. So ID theft occurs when someone uses your name and health insurance or Medicare information to obtain or bill for healthcare products or services. Identity theft also occurs when credit cards or checks are physically stolen and used to make purchases. To protect yourself from identity theft, you must protect your personal and financial information and regularly check your financial statements for unusual transactions. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Marchment Act? A Marchment Act usually refers to an involuntary proceeding under Florida Statutes Chapter 397, in which a court determines a person is impaired due to substance abuse, has lost self-control with respect to the use of the substance, has or is likely to cause serious harm to him or herself, or another, and due to the impairment is unable to make a rational decision regarding substance abuse treatment. A Marchment Act can be initiated by a court after a specific interested person has filed a verified petition, or certain licensed service providers. After the court enters a Marchment Act order, law enforcement takes the individual subject to a Marchment Act, to a receiving facility where he or she will be evaluated and an assessment is sent to the court. A person can be held up to five days for evaluation under a Marchment Act order. After the court receives the written assessment, a subsequent petition can be filed requesting that the individual be involuntarily placed in substance abuse treatment. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Baker Act? A Baker Act usually refers to an involuntary proceeding under Florida Statutes Chapter 394, in which a court determines a person is mentally ill and due to mental illness is unable to conclude that treatment is necessary or has refused voluntary treatment, is unable to provide for his or her own care and without treatment is likely to cause serious harm to him or herself or another. A Baker Act can be initiated by a court after an interested person has filed a verified petition, a law enforcement officer when a person appears to meet the Baker Act criteria, or certain mental health care professionals. When a Baker Act is initiated by a court order, law enforcement takes the individual subject to a Baker Act to a receiving facility, where he or she will be evaluated and mental health professionals decide what further action is necessary. A person can be held up to 72 hours under a Baker Act order. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Health Insurance Exchange under the Affordable Care Act? A Health Insurance Exchange is a key component of the Affordable Care Act, also known as the ACA. Health Insurance Exchange will be available for each state and our marketplaces where consumers can shop for health insurance plans, comparing planned benefits and prices in a side-by-side comparison. Under the ACA, the federal government will establish an exchange and provide grants to states to create their own. For states that do not establish exchanges, the federal government exchange will be the default exchange for consumers in those states. To be part of the exchange, plans must meet certain requirements. No plan can deny coverage for pre-existing conditions. All plans must include affordable basic coverage packages mandated by the ACA. Price variation of Health Insurance Plan will be based on a small number of factors, and all plans must be offered in four comparable tiers. Health Insurance exchanges are to be operable beginning January 2014. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm, online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an Aging Resource Center or an ARC? An Aging Resource Center or an ARC is one of 11 entities that work as a coordinated system throughout Florida to provide consumers with information on and access to long-term care resources, including local, state, and federal programs related to long-term care. Each of Florida's 11 agencies on aging is designated as an ARC. The goal of the ARC system is to provide elders and their caregivers with uniform one-stop assistance throughout the state. ARCs are designed to reduce duplication of administrative work, minimize service fragmentation, and provide consumer-friendly access to services. The main functions of the ARC are to triage clients who require assistance, provide information and referrals for services, and determine functional and financial eligibility for programs. The ARC, serving individuals in the WFSU Listening Area, is the area agency on aging of North Florida. For more information or to contact your local ARC, call 1-800-96-LDR or 1-800-96-3-5337. Your law issues is a service of the sketchley law firm, and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how do I find information about the ratings of a nursing home in Florida? Nursing homes are regulated by both federal and state governments, so information is available from both the state and federal government. Medicare.gov contains a listing of nursing homes throughout the U.S. with a five-star rating system. The search feature allows consumers to locate a nursing home by zip code, name, or town, and get inspection, quality, and rating information for each nursing home chosen. It also allows consumers to do a side-by-side comparison of nursing homes. Florida also provides information to consumers through FloridaHealthFinder.gov. Florida consumers can search for nursing homes and assisted living facilities in Florida by name, location, or type, and retrieve detailed inspection reports, licensing information, contact information for facility administration, and even administrative cases against the facility. This information allows consumers to determine the quality of a facility, as well as whether adverse incidents are a pattern within the facility and detailed correction plans. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Incident provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, are there independent living apartments available only to individuals over a certain age? Yes, there are independent living apartment complexes that are age restricted. The age restrictions are usually over the age of 50 or 62. Special federal and state laws allow certain apartment complexes to restrict access based on age. These complexes may be available in an unsubsidized retirement community, where the residents must be over a certain age and accept certain restrictions or amenities as part of their living arrangements. These private complexes may vary in cost, amenities, location, and residential restrictions, and will require residents to complete applications and sign agreements regarding the residents obligations. Some age restricted complexes may be considered affordable housing under federal, state, local, or county regulations. Residents who move into affordable housing complexes may have to meet certain income and asset eligibility standards, but rent is usually capped at a percentage of their income. For more information about affordable housing for the elderly in Florida, visit flordahousingsearch.org. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener who asks, are there veterans administration benefits available to cover the costs of long-term care for individuals who have not served in the military? VA benefits are only available to veterans who have served in the United States Armed Forces, who have been discharged under conditions other than dishonorable, or to the veterans' dependents. A dependent for the purposes of VA benefits may include a spouse, widow or widower, child or dependent parent depending on the benefit sought and the veteran's service. Surviving spouses, children, and surviving dependent parents may be eligible for dependency and indemnity compensation. Some dependents receiving dependency and indemnity compensation may also be eligible for aid and attendance. There may be other benefits available for surviving spouses and children based on a veteran's service, injuries and disabilities. Dependents of veterans can apply for these and other benefits online at VA.gov or by calling their local veteran service officer or 1-800-827-1000 for more information. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what do I need to do if my elderly parents are moving in with me? Elderly parents often move in with adult children later in life when they need care or because of financial difficulties related to limited resources in retirement and often these moves are done in crisis. The first thing to consider is whether the adult child is financially, physically, and emotionally able to add aging parents to the household. If parents move into an adult child's household, the parents in the child must discuss financial arrangements. Will parents be paying to stay in the household or for the care provided by the child if so, what will be paid and when? Elderly arrangements must be put in writing to reduce family disputes later. In addition, the parents and the child's family must work out the day-to-day living arrangements such as shopping, transportation, privacy, and even the use of a telephone. For guidance with regard to these arrangements, contact a Florida Bar Board certified Elder Law Attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I have a disabled child, is it best to leave them nothing in my will? Many families face what to do if a disabled child inherits money when parents die. Often the disabled child receives public benefits that would be reduced or eliminated if the child receives an inheritance. But the inheritance does not replace the value of those benefits. Families often believe the only option is to leave nothing to the disabled child. But with planning, a family can ensure the disabled child continues to receive necessary public benefits while benefiting from funds that she would have inherited. A family member can create a trust to hold assets that would have been inherited by the disabled child. That trust can restrict the use of those assets only for specific items for the disabled child, protecting the public benefits. This is called a special needs trust. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is informed consent for medical treatment? Informed consent for medical treatment is how a fully informed patient participates in healthcare decisions and makes choices regarding treatment. Patients have the right to direct their medical care and this is the heart of informed consent. To provide informed consent, a patient must understand the situation, understand the risks of treatment options, and be able to communicate a decision to the physician. To ensure a patient can provide informed consent, a physician should explain the treatment, including the risks, the reasonable alternatives to the proposed treatment, determine the patient understands, and determine the patient's decision. For many treatments, physicians provide written explanations including a list of risks and obtain the patient's consent. When a patient is unable to provide informed consent, a healthcare surrogate or healthcare proxy can provide informed consent after receiving the same information that would have been provided to the patient. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Community Care for the Elderly or CCE Program? The Community Care for the Elderly or CCE Program provides community-based services to homebound elders 60 years of age or older at risk for institutional placement to help them remain in the community and avoid nursing home placement. Eligible elders may receive services designed to keep them in the least restrictive most cost-effective setting possible. Services may include case management, adult day care, companion care, medical supplies, counseling, home delivered meals, home making, home health, referrals, legal assistance, personal care, respite, errands, and transportation. CCE is administered by Department of Elder Affairs, which contracts with 55 lead agencies throughout the state to provide CCE services. Eligibility is determined by an initial comprehensive assessment and annual assessments. Recipients may be required to pay co-payments based on the elder's ability to pay. Priority is given to victims of abuse and neglect or exploitation who need assistance to prevent further harm. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The program provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Silver Alert? A Silver Alert is a standardized public notification system adopted by statute and Florida in 2011 to broadcast information about missing elders with irreversible deterioration of mental functions such as Alzheimer's disease or dementia. This system uses various media outlets such as radio and television, as well as the highway message system to broadcast the elders' description and a description of any vehicle they may be driving to enlist the public in searching for and assisting in locating and rescuing the missing elder. Once the missing elder has been rescued, Department of Elder Affairs works with local memory disorder clinics, area agencies on aging and local services to provide follow-up assistance for the elder. Floridians can sign up for free Silver Alerts via email through the Department of Elder Affairs website. To learn more about Florida's Silver Alert plan and how it is activated in your community, contact the Florida Department of Law Enforcement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Memory Disorder Clinic? Memory Disorder clinics are one of four components of the Florida Alzheimer's Disease Initiative passed in 1985. Memory Disorder clinics use a team of physicians, nurses, social workers, and other memory disorder professionals to provide comprehensive assessments, diagnostic services, and treatment to individuals who exhibit symptoms of Alzheimer's disease and related memory disorders. Florida funds 13 of the 15 Memory Disorder Clinics established by the Alzheimer's Disease Initiative. In addition to assessments, diagnosis, and treatment, these clinics also develop training programs and materials for caregivers and healthcare professionals. Memory Disorder clinics provide support groups for patients and caregivers, make referrals to community services, provide caregiver counseling, and conduct research. The Tallahassee Memorial Neuroscience Center houses the Memory Disorder Clinic that serves most of the WFSU listening area. For more information about the Memory Disorder Clinics throughout Florida, or to contact the clinic nearest you, call 800-96-ELDER. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Shine Program? Shine stands for Serving Health Insurance Needs of Elders. The Florida Shine Program is a statewide volunteer-based program providing counseling and education on Medicare, Health Insurance, Medicaid, Medicare Supplemental Insurance and Long-Term Care Insurance. This program is administered through the Florida Department of Elder Affairs and funded by a grant from the Center for Medicare Medicaid Services. The Shine mission is to provide free unbiased health insurance information to Florida's elders, so they can make informed decisions about their health insurance options. Shine volunteers cannot hold an active health insurance sales license and usually provide at least 16 hours of volunteer time a month. The Shine Program provides free training and materials to volunteers and periodic training to ensure volunteers have the most current information. For more information on volunteering for or obtaining counseling assistance from the Shine Program, visit www.floor-to-shine.org or call 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org-ELDERLaw. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the special needs shelter? When evacuating to a shelter during a hurricane, there are two kinds of shelters, one for the general population and one for those with special medical, mental, health, or physical conditions. Most counties have special needs shelters, but you must meet certain requirements for admission. Some special needs shelters are within public shelters. Others are only for those with special needs. Basic medical assistance and monitoring are available, but these shelters usually do not have advanced medical equipment or medications and do not have staff to provide advanced medical care. Caregivers should always accompany special needs shelter clients. Clients should bring their own medications or transportable durable medical equipment. To learn more about the requirements for staying in a special needs shelter and how to register, call your county special needs registry which can be found at the Florida Department of Elder Affairs website or by calling 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is identity theft? Identity theft occurs when your personal information is used by another without your consent. You may be unaware your information has been used inappropriately until you are denied credit or receive a bill for purchases you did not make. There are several forms of identity theft. Fishing occurs when personal information is obtained by someone claiming to represent a legitimate corporation or government entity to get your information for fraudulent purposes. Skimming occurs when someone obtains your credit card information through an otherwise legitimate transaction and uses it without your permission. So ID theft occurs when someone uses your name and health insurance or Medicare information to obtain or bill for healthcare products or services. Identity theft also occurs when credit cards or checks are physically stolen and used to make purchases. To protect yourself from identity theft, you must protect your personal and financial information and regularly check your financial statements for unusual transactions. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are aid and attendance and housebound benefits for veterans? Aid and attendance and housebound benefits for veterans are benefits paid to a veteran in addition to the monthly pension benefit. To be eligible for aid and attendance or housebound benefits, the veteran must qualify for VA pension for veterans, which has certain eligibility criteria, and require the aid of another person to perform activities of daily living, be bedridden, be a patient in a nursing home, or meet a certain standard of visual impairment. A veteran cannot receive both aid and attendance and housebound benefits. To apply for aid and attendance or housebound benefits, contact the regional VA office where the Veterans Pension Benefits claim is filed, and provide evidence for the need for aid and attendance or housebound care. For more information and a list of evidence needed to support the claim, contact the VA at www.va.gov or 1-800-827-1000. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is VA Pension for Veterans? VA Pension for Veterans is a VA benefit paid to veterans discharged under conditions other than dishonorable, with at least 90 days of military service, including at least one day of wartime service, and who have limited or no income or resources. Applicants must be 65 years of age or older, a patient in a nursing home, or are permanently and totally disabled not due to the individual's own willful conduct. The maximum annual pension rate is $12,256. When determining whether a veteran's income is below the maximum annual pension rate, the veteran's unreimbursed medical expenses may be deducted from her income. To apply for pension for veterans, you must complete an application. Veterans can apply online at www.va.gov or call a veteran service officer in your area or call 1-800-827-1000 for more information. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the National Family Caregiver Support Program? The National Family Caregiver Support Program is a program administered by the Florida Department of Elder Affairs that provides services to family members caring for frail elders and grandparents or elderly relatives providing care for minor children or children with disabilities. The program is funded through the Older Americans Act, with resources provided to local area agencies on aging that acquire services for the program. Services include informational resources, counseling, help accessing community services, caregiver support groups, caregiver training, respite care, some supplemental services such as help with medical supplies and limited legal services. To qualify for program services, applicants must be an adult family caregiver providing in-home community care to a person over 60 or a relative over age 55 providing care for a child under age 18 or with disabilities. For more information about the National Family Caregiver Support Program, contact your local area agency on aging. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Medicare Supplemental Insurance Policy? A Medicare Supplemental Insurance Policy, also known as a Medigat Policy, is a private health insurance policy that supplements Medicare coverage by paying certain copays, deductibles, and co-insurances that Medicare does not pay. Federal Law requires 10 standardized Medigat policies, each with its own specific coverages. This means that any company selling Medigat policies must sell the same standardized policies as other companies selling policies, creating competition on cost, service, and reliability. But every company that offers Medigat policies sells all policies, but all companies must offer the basic Medigat policy called Plan A. Plans are designated by letters A through J, and each plan provides different coverages for a different premium cost, with A being the basic and least expensive, and J being the most expensive, and comprehensive. For more information about Medigat policies, contact the Florida Shine Program at 1-800-965-337. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor, and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what happens to my pets when I need someone to care for me? A significant part of an Elder's life is their pet. Often when an Elder needs care requiring placement away from their home, they resist because it may require separation from their pet or leave the pet without care. With a little planning, a pet can be cared for even when the owner is unable to do so. Some nursing homes and assisted living facilities allow an Elder to keep a pet in their rooms. A pet owner can also designate in writing a pet caregiver to provide care in the owner's absence. A pet owner should also authorize their agent under a durable power of attorney to pay the cost of the pet's care out of the owner's funds. In the owner's will, the owner should give the pet to a particular caregiver after the owner's death and create a pet trust to designate funds for the pet's care for the pet's life. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a geriatric care manager? A geriatric care manager is a professional usually with a background in social work, gerontology, or medicine that provides assistance to elders or their families in arranging and monitoring long-term care for an elder. A geriatric care manager can provide assessments to determine care needs and identify problems. Care managers can help with crisis intervention and assistance in coordinating appropriate care for chronic illness, including finding appropriate doctors and support services, and identifying ways an elder can pay for care. Care managers also assist in finding and arranging residential placement and monitoring institutional care to ensure the elder is receiving all necessary and appropriate services. Geriatric care managers can be helpful and necessary service for families who are caring for loved ones from a distance. When retaining a care manager, ask for their qualifications and background because care managers are not regulated in the state of Florida. For more information about geriatric care managers in your area, contact the Florida Geriatric Care Managers Association. Listen to archives of elder law issues at WFSU.org slash elder law. Elder law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is adult daycare? An adult daycare is also known as adult day services is a program that provides social activities, meals, and supervision during the day for elders with cognitive impairment or those with disabilities for a daily, weekly, or monthly fee. Participants arrive at the center in the morning and are picked up in the evening similar to a daycare for children. Adult daycare is allowed families of participants to continue to work during the day while caring for an elderly or disabled loved one. Adult daycare is allowed elderly or disabled individuals to continue to live in the community with their families and avoid institutional placement. Adult daycares in Florida are regulated and must meet certain guidelines to be licensed. Many are run by nonprofits or public entities such as hospitals. For information about adult daycare in your area, visit FloridaHealthFinder.com or contact the Elder Helpline at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is respite care? Respic care is temporary or short-term care for an elderly or disabled person provided by someone other than the regular caregiver. Respic care services can be provided in the home where the person is cared for by outside providers in a nursing home or assisted living facility or at an adult day care center. Respic care provides a temporary break for the regular caregiver, usually a spouse or child, and allows the regular caregiver to rest, take care of personal business, and maintain the household. Respic care is a necessary part of in-home long-term care to prevent a regular caregiver from experiencing burnout or other stress-induced illnesses associated with long-term care giving. Respic care services are provided by private businesses, friends and family, and some nonprofit entities. Costs are based on the services provided and the duration of the care. For more information about respic care services in your area, contact Elder Help Line at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. The company provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a reverse mortgage? A reverse mortgage is a mortgage against the equity in a home owned by an individual aged 62 or older. There are no credit or income requirements for a borrower to qualify for a reverse mortgage. The amount of the loan is based on the equity in the home, the borrower's age, and the mortgage interest rate. There are also various fees associated with a reverse mortgage that may reduce the total loan amount available to the borrower. The loan amount can be withdrawn in a lump sum, in periodic payments, or as needed, similar to a line of credit. The senior does not have to repay the loan as long as the senior resides in the home and is alive. The reverse mortgage payments can be used for whatever purpose needed by the senior, including caregivers, basic necessities, and personal discretionary spending. Before obtaining a reverse mortgage, applicants must complete a required counseling class to safeguard applicants from fraud and ensure they understand the transaction. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an annuity? An annuity is an insurance product that provides for periodic payments to an individual over a period of time based on the amount of money invested in the annuity and the interest earned on that investment. An immediate annuity begins making periodic payments immediately upon creation of the annuity. A deferred annuity begins payment at a later date following a period in which money is invested. Annuities can be either fixed rate annuities, meaning payment of a set guaranteed interest rate or variable rate annuities, meaning payment of interest based on performance of the investment option selected. The benefit of an annuity is that it can provide a steady, reliable source of income in retirement. However, when purchasing an annuity, you must be aware that there may be severe early withdraw penalties making the funds unavailable in a financial crisis. Annuities should be used as one part of a balanced financial portfolio that provides for your financial needs in retirement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is abuse of an elder? Abuse is any willful act or threaten act by a caregiver, relative, or household member that causes or is likely to cause significant impairment to the elder's physical, mental, or emotional health. Abuse can include the failure to act. Abuse includes the striking of the elder, refusing to take the elder to the bathroom with holding food, shelter, clothing, or other essential services, screaming at the elder, calling the elder names or otherwise berating them in any way. Abuse also includes isolating the elder, threatening to physically harm them, threatening to send them to an institution, or threatening to embarrass them. If you suspect abuse of an elder, you should immediately contact Adult Protective Services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Your report may save the elder's life. Listen to archives of Elder Law Issues at WFSU.org-slash-elderlaw. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is neglect of an elder? Neglect of an elder is the failure or omission by a caregiver to provide care, supervision, or services necessary to maintain the elder's physical or mental health. This includes the failure to provide food, shelter, clothing, medical care, or supervision considered essential to the well-being and safety of the elder. Neglect can also occur when the elder fails to obtain care, supervision, or services necessary to provide for her physical or mental health. A caregiver neglects an elder when a caregiver fails to make reasonable efforts to protect an elder from abuse, neglect, or exploitation by others. That can be a single incident or course of conduct which could reasonably be expected to result in the physical or mental harm or a substantial risk of death. If you suspect neglect of an elder, you should immediately contact adult protective services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The elder provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is exploitation? Exploitation is when a person who stands in a position of trust or confidence with an elder knowingly obtains or uses the elder's property with the intent to deprive the elder of the use or benefit of that property. This can be done by intimidation, deception, or taking advantage of an elder's diminished capacity. Exploitors can be anyone including family members, financial planners, caregivers, friends, or members of a church or community organization. Common signs of exploitation include sudden changes in spending habits, sudden and complete dependence of the elder on an exploiter, isolation of the elder by the exploiter, and access by the exploiter to the elder's finances. If you suspect exploitation of an elder, you should immediately contact Adult Protective Services at 1-800-96-Abuse. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when someone dies in test state? To die in test state means to die without a last-will in testament to dispose of your property. When you die without a will, your property is disposed of in accordance with the laws of in-testate succession. A common misconception is that in-testate succession means the state receives your property. Instead, in-testate succession means your property is distributed to your relatives in accordance with Lord of Law. This includes distributions to your spouse or children or both. If you have no spouse or children, other relatives, such as grandchildren, parents, or siblings, will inherit your property. If and only if there are no surviving relatives, including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for 10 years following payment to the state. To be sure your property is distributed at death to those you want to have it, discuss your estate plan with your attorney. To be sure your property is distributed at death to those you want to have it, discuss

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the pre-existing condition insurance plan or PCIP? The pre-existing condition insurance plan or PCIP is a health insurance program through the Affordable Care Act. It provides health insurance coverage to individuals who have pre-existing conditions and have no other available coverage. To be eligible for PCIP, you must be a citizen or legal resident of the United States. You must have been without health insurance coverage for more than six months and have a pre-existing condition or been denied health insurance coverage due to a pre-existing condition. PCIP is available in every state and provides comprehensive health coverage for participants. PCIP is not a needs-based government benefit program. It is a health insurance program. Like all health insurance, the insured will pay a monthly premium and other copays pursuant to the chosen insurance plan. PCIP has not been affected by the lawsuit floored a file against the Affordable Care Act. For more information on PCIP coverage and premiums in Florida or to apply, go to www.pcip.gov. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is long-term care insurance? Long-term care insurance is insurance that covers the cost of care necessary to perform your activities of daily living or the supervision you might need for your safety when you have a cognitive impairment such as a stroke or Alzheimer's disease. Long-term care insurance can cover the costs of care at home in an assisted living facility or in a nursing home. The costs of long-term care insurance coverage depend on a variety of factors including the insurance age, daily rate of coverage, the type of care covered, inflation riders, and waiting periods. Long-term care insurance plans that meet certain requirements are eligible for favorable tax benefits to the insured and are eligible for participation in the long-term care partnership program, which allows individuals to offset assets equivalent to certain long-term care coverage for Medicaid eligibility purposes. When purchasing long-term care insurance, you should purchase insurance through a reputable salesperson and from a top-rated company. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an income-only trust or a qualified income trust? An income-only trust or qualified income trust is a trust created for the sole purpose of allowing individuals who need long-term care Medicaid benefits to qualify for those benefits when their income exceeds the monthly income cap. The monthly income cap for 2011 is $2,022 per month while the cost of a nursing home is approximately $6,000 a month. The income in a qualified income trust does not count toward the monthly income cap. The income in the qualified income trust is then used to pay the applicant's share of cost to the nursing home, which is the applicant's gross income minus a small personal needs allowance. A qualified income trust does not protect a Medicaid applicant's income from the required patient responsibility. Even with a qualified income trust, a Medicaid applicant's assets must still be less than the asset cap and the applicant must be medically eligible before receiving Medicaid long-term care benefits. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a special needs trust? A special needs trust is a trust design to allow a disabled beneficiary to benefit from property without losing essential and life-sustaining public benefits. Special needs trust can be established with the assets that belong to the disabled beneficiary such as proceeds from a personal injury settlement or can be created with the assets of friends and family such as an inheritance. Special needs trusts are subject to legal restrictions on how the trust assets can be used to benefit the disabled beneficiary. There are also restrictions regarding who can serve as trustee. Certain special needs trusts are also required to repay the state for Medicaid benefits after the death of the disabled beneficiary if there are assets left in the trust after the beneficiary's death. A special needs trust when properly created and administered can be a valuable and essential tool for the protection, long-term support, and quality of life of the disabled beneficiary.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Testimentary Trust? A Testimentary Trust is a trust created in one's last will and testament. Testimentary Trust do not take effect until the individual who created the will dies. Testimentary Trust allow one to nominate a trustee to administer assets after death in accordance with the trust requirements set forth in the will. A Testimentary Trust can be used to leave assets for the benefit of a minor child. It can also be used to leave assets and trust with restrictions to protect a disabled beneficiary from the loss of necessary public benefits or to protect the assets from a beneficiary who is unable to manage money. A Testimentary Trust requires a probate proceeding to effectuate the terms of the trust and approve the chosen trustee because the trust is contained in a will. Testimentary Trust can be used as part of an estate plan to provide benefits and protections for beneficiaries after an individual's death without the burdens of trust administration during the life of the individual. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living trust? A living trust is a written trust agreement between a settler and a trustee whereby the trustee administers the assets during and after the life of the settler, also known as the Grantor. These are called living trust because they take effect during the settler's lifetime instead of at death. During the settler's life, usually the settler is the only beneficiary, and often the settler is the initial trustee. One of the benefits of a living trust is that it allows a settler to name a successor trustee who can take over in the event the settler loses the ability to manage his or her finances. The successor trustee can manage the assets and trust without instituting a formal incapacity proceeding against the settler, and may facilitate the distribution of the settler's estate after death without a probate proceeding. There are administrative duties associated with maintaining a living trust, and the trustee owes the beneficiaries a fiduciary duty. Before creating a living trust, you should have a thorough discussion of its burdens and benefits with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a trust? A trust is a legal arrangement by which an individual places his or her property with another individual or entity to be managed for the benefit of a beneficiary. The person who creates the trust replaces the property and the trust is referred to as the set-lor or grantor. The person or entity managing or distributing the property in accordance with the terms of the trust is referred to as the trustee. The persons or entities that receive the property are referred to as beneficiaries. In a trust arrangement, the duties of the trustee are set out in the legal document or court order that creates the trust. The trustee owes a duty of loyalty and trust to the beneficiaries. This duty is also referred to as a fiduciary duty. There are many types of trust which are designed to serve the needs of grantors and beneficiaries in many circumstances. Some of the most common trusts used in Elder Law are living trusts, special needs trusts, income-only trusts, and test-ameneray trusts. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living will? A living will is your declaration of the kind of treatment you do or do not want when you are facing end-of-life decisions and are incapable of making them. A living will should be in writing and witnessed in accordance with Florida Law. A living will gives directions to your healthcare decision-makers and healthcare providers regarding whether life-pologuing procedures should be provided withdrawn or withheld. A living will can also give specific direction regarding your comfort and palliative care. Florida Law even allows you to designate someone in your living will to ensure enforcement of its provisions. A living will only goes into effect if you are incapable of making end-of-life decisions and have an end-stage condition, a terminal condition, or in a persistent vegetative state. When creating your living will, be sure to talk to your family, healthcare providers, and healthcare decision-makers about the decisions you want made on your behalf so that everyone understands and can carry out your wishes. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a healthcare proxy? A healthcare proxy is the individual that is designated by Florida Law to make medical decisions for a patient when that patient is unable to do so and has not designated a healthcare surrogate. The individual who will make medical decisions for the patient is predetermined by a hierarchy set out in Florida statutes and includes in the following order, an individual spouse, adult children or majority of adult children available at the time decision must be made, a parent, a sibling, or other relative or friend. A healthcare proxy makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A proxy may also make end-of-life decisions if the patient is unable to do so. If you want a particular person to make healthcare decisions for you and you cannot, that person may not be the individual that the law designates as your proxy, so be sure to designate them your healthcare surrogate in writing to avoid the uncertainty of the selection of a healthcare proxy. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is what is a healthcare surrogate designation? A healthcare surrogate designation is a written document signed by an individual or principal when he or she is competent, designating another to make medical decisions when the principal is unable to do so. The individual appointed to make medical decisions for another makes those decisions based on substitute a judgment rule. This means the individual must make the decisions based on what the principal would have decided for him or herself. A healthcare surrogate makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A healthcare surrogate may also make end-of-life decisions if the principal is unable to do so. If you have not designated a healthcare surrogate, consider appointing one. If you do not, Florida Law provides a decision-maker that can and will make decisions for you if you are unable to do so, which we'll be discussed in next week's minute. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicaid? Medicaid is a government health insurance program that provides medical and long-term care coverage to low income individuals and families who meet asset and income limits. The cost of the Medicaid program is shared by the federal and state governments. Medicaid for low income individuals who are disabled or age 65 or older is referred to as SSI-related Medicaid. Florida residents who receive supplemental security income or SSI are automatically eligible for Medicaid. Individuals with limited resources who need assistance with long-term care services in a nursing home or in the community may also be eligible for Medicaid that helps cover the cost of that care. Medicaid programs that cover the cost of long-term care in the community have limited funding and long-waiting lists. In 2011, Governor Scott signed a new law making changes to Florida's Medicaid program. These changes require Medicaid beneficiaries to enroll in managed care organizations and pay premiums. To make such changes to the Medicaid program, Florida must submit a waiver request to the federal government and receive federal approval. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicare? Medicare is a government health insurance program for individuals aged 65 or disabled individuals under age 65. US citizens in permanent residence are eligible for Medicare. If they have worked in Medicare-covered employment for at least 10 years or are the spouse of someone who has, there are two basic parts to Medicare, part A and part B. Part A pays for hospital and inpatient care as well as rehab in a skilled nursing facility. For most, there are no monthly premium payments for part A. Part B is commonly referred to as medical insurance covering visits to the doctor and other medical services. Part B recipients pay a monthly premium for coverage. In addition to monthly premiums, recipients also pay deductibles and co-payments for services. For those with limited income and resources, the state may help pay Medicare premiums and co-payments. Metagap insurance can also be purchased to cover these co-payments. Medicare recipients should also consider choosing a Medicare Prescription Drug Plan to help cover additional prescription drug costs. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Elder Law? Elder Law is the holistic area of law addressing the special legal needs of elders and those with disabilities and chronic debilitating illnesses. Elder Law encompasses many things including a state planning, incapacity planning, guardianship, Medicare, Medicaid, veterans benefits, long-term care planning, prevention of exploitation, abuse and neglect, as well as end-of-life planning. Elder Law attorneys specialize in this area of law and are recognized by the Florida Bar as experts in this area due to meeting special education and training requirements. Elder Law attorneys work with clients as well as co-counsel with other attorneys to assist clients with those issues addressed by Elder Law. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a letter from the lottery stating I won a substantial prize but need to pay taxes or a processing fee before I can collect. Is this a scam? Yes, this is one of many lottery-style scams designed to steal a victim's money and identity. Any time you are told you won money but need to make an advance payment or provide sensitive information such as credit card or bank account numbers or a Social Security number to collect, this is a scam. When a victim pays the requested money, the predator takes the money as well as the bank account or credit card numbers or Social Security numbers and uses them. These scams are often referred to as fishing scams. Fishing is any attempt by a predator to obtain sensitive personal information for malicious purposes such as identity theft. If you are contacted by one of these scams report it to law enforcement or to Florida Lottery's Division of Security. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a call from Microsoft stating that identified my computer is running slow and they needed to access it to fix it, is this a scam? Yes, Microsoft does not make unsolicited calls. This is a scam to steal personal information on your computer, as well as your credit card information. Predators contact victims by phone stating they notice the victim's computer is suffering from some problem. The predator will offer to fix the problem for a small fee charged to the victim's credit card. The predator directs the victim to a website where the predator gains access to the victim's computer via the internet. Once the predator accesses the victim's computer, the predator steals the victim's personal information on the computer and installs virus software. With the victim's personal information and credit card, the predator can steal the victim's identity and money. If you are called, hang up. If you think you've been a victim, contact law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a call from someone claiming to be the IRS asking me to send the money for taxes. Is this a scam? Yes, this is an aggressive scam designed to steal money and personal information from victims. In this scam, the predator calls a victim posing as an IRS agent and tells her she owes back taxes. The predator demands the victim pay those taxes immediately with either a wire transfer or a prepaid bank card. The predator may threaten to have the victim arrested, revoke the victim's driver's license, or even seize the victim's property or home. In every instance, it is a scam. The IRS will never call you to demand immediate payment to be made through wire transfers or prepaid bank cards. The IRS will mail you a bill and give you an opportunity to challenge any assessment of taxes or penalties. If you receive one of these calls, contact your accountant or the IRS at 800-829-1040. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can someone help me when I'm appealing a denial of Medicare coverage? Yes, Medicare recipients can have someone assist them with the appeals related to Medicare coverage denials. A Medicare recipient can appoint a representative to help with the appeals process. She can appoint a family member, a friend, a physician, her attorney, or other chosen person to assist. To appoint a representative, the Medicare recipient must either complete the appointment of representative form, which can be found on the Medicare website or submit a written request with the appeal. The written request must include specific information about the representative, including contact information, a statement of appointment. A description of the representative's professional status, such as a doctor, and an explanation of why the Medicare recipient is being represented. The request must also contain a statement authorizing release of medical information to the representative. The request must be signed by the Medicare recipient and her representative. For more information, contact 1-800-META-CARE. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a beneficiary and family-centered care quality improvement organization under Medicare? A beneficiary and family-centered care quality improvement organization, also known as a BFCC QIO, is an organization that reviews complaints and quality of care for Medicare recipients. The BFCC QIO is the first appeal for Medicare recipients in hospital and non-hospital settings who believe their Medicare coverage is ending too soon. For example, if a Medicare patient is notified by a hospital or skilled nursing facility that she is being discharged, but she believes discharge is inappropriate, she can request the state's BFCC QIO review the discharge as soon as she receives the notice. The BFCC QIO will review the discharge and make a decision within 72 hours of the patient's request. If the BFCC QIO agrees with the patient, she is not discharged. If the BFCC QIO disagrees with the patient, Medicare coverage ends and the patient is financially responsible for services or can take the next level of appeals. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a spell of illness under Medicare? A spell of illness under Medicare is also referred to as a benefit period. A spell of illness begins on the day a Medicare patient is admitted to a hospital or skilled nursing facility and continues until 60 consecutive days after which the patient has received no skilled care. For example, if a Medicare patient falls and breaks a hip and is admitted to the hospital for a week, then to a rehabilitation center for two months and then home, but returns to the hospital 90 days after returning home, the return to the hospital marks the beginning of a new spell of illness. While there is no limit to the number of spells of illness in a Medicare recipients lifetime, each spell of illness has its own copayments. Medicare patients or their caregivers must understand the beginning and end of a spell of illness to calculate the healthcare costs not covered by Medicare. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley, the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when a Medicare recipient is in a hospital, but on observation status? Under Medicare, observation means specific clinically appropriate services, including ongoing short-term treatment, assessment, and reassessment, before a decision can be made about whether a patient requires further treatment as a hospital inpatient, or if the patient can be discharged. The hospital is paid for the services as outpatient services, being classified as a patient on observation status versus being admitted to the hospital has significant consequences to a Medicare patient. While the hospital is paid for its services when a patient is on observation status, the patient may be ineligible for certain Medicare benefits, or responsible for additional costs because the hospital stay is not covered by Medicare Part A. Observation status will also make the patient ineligible for Medicare-scaled nursing rehabilitation coverage following hospitalization. When a patient is staying in a hospital, she should ask whether she has been admitted or merely under observation. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the reasons a resident can be discharged or transferred from a nursing home? Federal and state law limit the reasons a nursing home resident can be discharged from the facility or transferred to another. Federal law allows a resident to be discharged for the following reasons. Discharge is necessary for the resident's well-being and the nursing home cannot continue to provide services. The resident's health has improved so nursing home care is no longer necessary. The resident is no longer safe in the nursing home. A doctor or the nursing home's director determines the person is a danger to other residents. The resident's fails to pay for services or the facility closes. A resident cannot be discharged or transferred simply because the source of payment changes such as a resident becoming eligible for Medicaid. If a resident believes discharge is inappropriate, she can challenge the discharge by requesting a hearing in writing within 10 days of receiving the notice of discharge. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother is in a nursing home and was told she had to leave by the end of the week, but we don't believe she is well enough to go home, does she have to leave? Under both federal and state law, a nursing home generally has to provide 30 days notice prior to discharge. There are some exceptions such as a medical emergency or a safety concern regarding your mother. The nursing home must provide a resident, her family, or legal representative with written notice of discharge. This notice must include the reason for discharge and directions on how to challenge the discharge if the resident disagrees. The notice must also be provided to the long-term care ombudsman prior to discharge. Nursing homes can only discharge a resident for certain reasons and discharge must be to an appropriate alternative placement that meets your mother's needs. If your mother disagrees with the discharge, she can request an administrative hearing to challenge the discharge. Listen to archives of Elder Law Issues at WFSU.org- Slash Elder Law Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a business refuse to allow me in with my service animal? In Florida, it is a second degree misdemeanor to discriminate against or refuse services to someone using a service animal. The ADA allows a business owner to ask only two questions about a service animal. Is it a service animal? And what is it trained to do? Business owners cannot ask about the nature of an individual's disability or ask the handler to demonstrate the animal is actually trained to do a task. A business owner can refuse to allow a service animal in the business if it is not house trained or if it is not under the control of its handler. Discrimination against or fail you to provide services to a person with a service animal is punishable by up to 60 days in jail, a $500 fine and 30 hours of community service with an organization that provides services to individuals with disabilities. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, is it illegal to represent a pet as a service animal? In Florida, it is a second degree misdemeanor to represent an animal as a service animal when it is not actually a service animal. In Florida, a service animal is a trained dog or miniature horse taught to assist an individual with a disability and which usually wears special identification. Misrepresentation of a service animal is punishable by up to 60 days in jail, a $500 fine, and 30 hours of community service with an organization that provides services to individuals with disabilities. While the ADA limits the questions that can be asked about a service animal, a fake service animal can often be identified by its behavior. Fake service animals are usually not as well-behaved as service animals. Fake service animals may jump bark or stray from their owner. They may attempt to interact with people other than the owner or not respond to its handler's commands. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchy law firm in WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic costs of a service dog and how are they paid for? Service dogs are specially trained animals that provide assistance to persons with disabilities. There is no federal or state funding for an individual to purchase or fund a service animal. Generally, service animals are bred and trained by non-profit organizations with a mission to provide service animals to individuals in need. The cost of raising and training a service animal is between 20,000 and 50,000 dollars. During the training process, private donors through the non-profit organization support the animal and costs of training. Once an animal is placed with a person with a disability, that person is responsible for the veterinary and cost, food, and supplies. Veterans who need a service dog can contact the Veterans Administration for information about VA assistance in finding a service dog through a non-profit organization, as well as subsidies for veterinary and care for a veteran service dog. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how does an individual with a disability get a service dog? Non-governmental or nonprofit organizations often donate a trained service or guide dog to individuals who qualify? To qualify for a service dog an individual must be disabled, submit an application, and complete an extensive review process, which includes the individual's ability to financially care for the dog. It costs between $20,000 and $50,000 to raise and train a service dog. If an individual is chosen to receive a service dog, that individual will then be required to attend training with the service dog. As of the cost and length of training for service dogs, most organizations have a 2-10-year waiting list. Occasionally, individuals ask to have their personal dogs evaluated for service dog training. While it can happen, it is rare that a personal pet can become a service animal. For more information about service animals, contact a service animal trainer in your area. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guide dog for the visually impaired? A guide dog for an individual with visual or site impairment is a service dog trained to lead, blind or visually impaired individuals around obstacles and to assist with navigation and daily tasks. Although guide dogs can be trained to navigate various obstacles, dogs are partially colorblind and obviously are incapable of reading street signs. Therefore, the guide dog is part of a team with its owner who directs the dog based on his or her skills acquired through mobility training. The guide dog and human team also go through extensive training as a team to ensure the owner can utilize the dog and the dog will follow the owner's direction. Guide dogs are commonly referred to as seeing eye dogs. However, this is a specific dog trained by a specific training company. Guide dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a service dog? A service dog is any guide dog or dog trained to perform tasks for persons with disabilities. This includes guiding the blind, alerting the hearing impaired, protecting persons with seizure disorders, reminding those with mental illness to take medications, calming a person with post-traumatic stress disorder, opening or closing doors, drawers or refrigerators, picking up items or assisting individuals with autism. Any breed can be trained as a service dog, but the most common breeds are labs or German shepherds. Dogs who solely provide comfort or emotional support are not service animals under the ADA. Service animals must be allowed to accompany owners wherever members of the public are allowed and are usually harnessed, leashed or tethered unless the devices interfere with the service animals' work or the individual's disability. Service dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother died without a will. What happens to her property? When someone dies without having a last will and testament to dispose of their property, they are said to have died in test date. When one dies in test date like your mother, their property is distributed to their family according to the state laws of in test date succession. A common misconception is that in test date succession means the state receives the property. However, in test date succession means the deceased's property is distributed to family members based on their relationship with the deceased. In test date distribution goes to the spouse or children or both. If the deceased person has no spouse or children, other relatives such as grandchildren, parents or siblings will inherit the property. If and only if there are no surviving relatives including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for several years following distribution to the state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I was told I need a living trust for my property. Do I? Whether you need a trust depends on your specific circumstances. Many people are told they need a trust, but not everyone does. People are often told they need a trust to avoid probate, protect their estates from taxes and attorneys fees, or prevent family fights. However, the extent of these benefits is often exaggerated. Trusts are legal entities established for a particular reason. Once a trust is established, all or part of your property is placed in the trust and administered by a trustee, which can be you or someone else. The trustee only has access to and control over the property in the trust. Depending on the trust agreement, trustees have legal duties to manage property prudently and provide periodic accountings to beneficiaries. Before creating a trust, talk to an attorney about your circumstances and the reasons you believe you need a trust. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my father is a World War II veteran and needs long-term care. Are there any benefits that can help pay the costs? Your father may qualify for VA benefits to pay for his care. Benefits are available to veterans who've served in the United States Armed Forces, were discharged under conditions other than dishonorable and served in wartime. Because of his wartime service, your father may have preference to receive long-term care in a VA nursing home. He may also qualify for pension and aid in attendance, which can be used to pay for care in non-VA facilities. These programs pay monthly payments to individuals who meet certain income and asset limitations, and who need assistance of another person to complete their activities of daily living, or who are bedbound. Your father or his legal representative can apply for these and other benefits online at VA.gov or by calling his local veteran service officer. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is, my identity was stolen but I don't know how they got my information. Identity theft is when your personal information such as name, social security number, date of birth, credit card information or driver's license is used by another through deception for economic gain. Personal information can be taken from bank statements thrown in the trash, information on a check if a social security number, date of birth, or printed or written on it, or through phishing schemes. In phishing schemes, predators contact victims through email representing themselves as banks or companies and request the victim provide personal data or passwords in response to the inquiry. There's also used telemarketing scams such as impersonating government entities to get personal information. To protect against identity theft, be sure to protect all your personal information. Do not give information to telemarketers or through internet contact if you did not initiate the contact. Shred all sensitive documents and immediately report any suspicious activity. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, should I review my estate plan at the beginning of the year? And a state plan has to be reviewed regularly to ensure that it continues to meet your needs and can be accommodated using the resources available to you. The beginning of the year is the perfect time to review your estate plan as you meet with your accountant to discuss yearly tax issues and with your financial planner to review your finances for the coming year. While you may not have to make changes to your estate plan each year, a yearly review keeps you aware of what is in your estate plan and who will help you when you need assistance with healthcare or financial decisions. It also makes it easier to change your estate plan as your circumstances change. Typically, you modify your estate plan if you get married or divorced, experience a birth or death in your immediate family, or move to another state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I got married. What should my spouse and I do with regard to our estate plan and retirement? Marriage changes your legal status with regard to making medical decisions, rights to each other's estates upon death, the ability to participate in employer-provided health and long-term care benefits, access to public benefits such as Social Security and Veterans benefits, and the availability of marriage preferences in the federal tax code. Once you are married, notify the Social Security Administration. If you receive employment benefits or employment-based retirement benefits, notify your employer or retirement plan administrator. If changing events, like marriage, open a window, usually 60 days, in which a spouse can be added to benefits such as health insurance. Also, review all beneficiary designations on your life insurance policies and retirement accounts. While spouses can make medical decisions for one another in the absence of an advance directive, you should consult your attorney to update your estate plans, including distribution of your estate upon death. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues is, what can I do to help my sister who is caring for our mother? Helping a family caregiver is essential to ensuring the health of the caregiver and the stability and continuity of a loved one's care. If you want to help a family member who is a caregiver, call and ask what health they need. Family caregivers usually have a routine through which they provide care to a loved one. This routine ensures the stable, consistent delivery of care. The most common help a family caregiver needs is respite care. Caregivers spend an average of 22 hours per week providing care in addition to their jobs and other family obligations. Family care is temporary relief of the family caregiver from caregiving duties, so a caregiver has time to attend to personal issues and have leisure time. Planned regular respite care is essential to preventing caregiver burnout. Family caregivers should have at least one full day a week free of caregiving duties. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the sketchley law firm online at sketchleylaw.com. Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues is to recognize October as National Guardian Ship Month. National Guardian Ship Month celebrates the work and support of the individuals and entities who serve as court appointed decision makers for individuals who are unable to make decisions for themselves, also known as guardians. Guardians can be family members, friends, professionals, banks, and not-for-profits who serve as guardian for those with no friends or family. Guardians play a significant role in protecting a community's most vulnerable members. Guardians pay bills, collect income and assets, make medical decisions, find housing, apply for public benefits, maintain or sustain basic necessities, and even rescue individuals from abuse neglect and exploitation. To recognize guardianship throughout October, local guardians and guardianship groups will be holding fundraisers for not-for-profits that serve as public guardians and public presentations to teach the community about the importance of guardianship. For more information about National Guardian Ship Month, visit the websites for the Florida Statewide Public Guardianship Office and Florida State Guardianship Association. Submit a question for elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm at www.su. Information provided is the opinion of the attorney and not of www.su.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley the sketchley law firm. Today's elder law issue question is what is considered exempt property in a probate proceeding? Exempt property is a share of a deceased person's estate to which his or her family would be entitled under Florida probate law. The property is limited to four types of property. The most common exempt property is household furnishings, appliances and furniture located in the deceased's residence valued at $20,000 at the date of death. The next most common exempt property is vehicles belonging to the deceased at the time of death used by the deceased or his immediate family for personal use. Prepaid qualified college tuition plans that meet certain requirements are also considered exempt property. Finally, death benefits paid to teachers and school administrators due to certain violent acts during school hours are also exempt property under Florida probate law. Family members entitled to exempt property must make a claim for it within a certain time in a probate proceeding and receive the property free of most creditors claims. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Unprovided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what is the family allowance and appropriate proceeding? When an individual dies with a surviving spouse or children he or she was supporting or was obligated to support at the time of death, the spouse and children may be entitled to money from the estate to maintain this support during the time of probate administration. In Florida this support is referred to as a family allowance. In a states that have the income or assets to provide this allowance it cannot exceed $18,000. This allowance can be paid in periodic payments or in a lump sum. It can be paid directly to those entitled to it or to their custodians or caregivers. It can be paid only after payment of certain priority creditors such as taxes and funeral expenses but before creditors such as credit cards. Individuals entitled to the family allowance must make a claim for it in the probate proceeding within a certain time after the estate is opened. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special financial considerations made to a deceased person's family in a probated state? Pro-Bate Laws create special financial preferences designed to protect family members from certain predators and provide limited support throughout the probate process when an individual dies. These preferences differ from state to state and are usually limited to certain individuals such as a spouse or minor children. In Florida, these preferences include protecting the deceased's home, protecting certain personal property including automobiles, and providing limited support during the probate process. Florida mandates that a deceased's home stead passed to a spouse or minor children and passed free of most creditor's claims so a family always has a home. In addition, spouses may be entitled to a special distribution known as the elective share. Families may also be entitled to a small family allowance during the probate process and to the exemption of certain personal properties such as home furnishings and the deceased's vehicles. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, we are in our 60s and considering getting married, how can marriage impact us? First, marriage can impact your pension or so security benefits. If you receive a pension or will receive a pension in the future from a deceased spouse, remarriage may terminate those benefits. Next, discuss how you will pay future long-term care costs, consider purchasing long-term care insurance. If you are unable to purchase long-term care insurance, talk to an attorney about potential responsibility for each other's costs of care and how to minimize it. Finally, consider the impact of marriage on your estate plan. In Florida, a spouse is entitled to certain benefits due to marriage unless waived by a marital agreement, including an interest in your home even if you owned it before you were married. If you want to maintain your current estate plan, speak with an attorney about a prenuptial agreement to waive any spousal rights that would interfere with your estate plan. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, should we purchase prepaid funeral arrangements for our mother who has Alzheimer's? When a loved one dies without funeral arrangements, it is stressful and confusing for a family to make these arrangements immediately after death. In the midst of your grief, you may fall victim to unnecessary up-sale techniques that increase the cost of a funeral. Purchasing funeral arrangements prior to your mother's death while difficult will allow your family to plan an appropriate memorial for your mother with an a budget your family can afford. Pre-made arrangements can also make the care of your mother's remains at her death easier because the funeral home to whom her body will be released will already be determined. The funeral home personnel will collect your mother's body as soon as they are notified of her death. Finally, in the event your mother needs nursing home care subsidized by Medicaid, prepaid funeral arrangements that meet certain requirements are not counted as assets in determining eligibility. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what step should I take after a loved one dies? When a loved one dies, families often receive conflicting information about what to do first and who might be responsible for the deceased loved one's bills and distributing property. First, a family must make funeral arrangements in compliance with the loved one's wishes. These wishes may be in a loved one's will or in prepaid arrangements made by the loved one prior to death. Once funeral arrangements are made, work with the funeral home to order death certificates and notify the Social Security Administration. Following the funeral, collect all the deceased loved one's important documents such as the will, trust agreement, bank account records, and life insurance policies and make an appointment with an attorney to discuss whether a probate proceeding is necessary to distribute property, who is responsible for securing the deceased's property, how to notify creditors of the death, and who, if anyone, is responsible for payment of the loved one's debts. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the sketchley law firm and www.wfsu.com. And provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what factor should I consider when choosing a home health agency for my father? First consider the kind of care your father needs. If he needs help with grooming, eating or reminders to take medications, non-medical or companion care may be all he needs. If he needs medications administered or therapy, he will need a medical assistance such as nursing. Some agencies provide non-medical or companion care services while others provide medical and companion care services. Next be sure the agency is licensed. You can look up an agency's license and any fines against the agency on FloridaHealthFinder.gov. So determine how the services will be paid for. If the services are paid for by Medicare, Medicaid or insurance, you must choose an agency that takes that form of payment. Finally, talk to the agency intake personnel to be sure they are able to provide the services your father needs in the environment in which he lives. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. One provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, has Florida changed its definition of exploitation? Yes, Florida has updated its criminal exploitation laws expanding the acts that constitute exploitation of an elder or vulnerable adult. In addition to knowingly depriving an elder of her property, it may also be exploitation if an elder gives her loans $10,000 or more to someone they have known for less than two years, and it is not a commercially sound transaction or charitable contribution. If a fiduciary such as a trustee, guardian, or agent breaches his fiduciary duty, it may also be considered exploitation. In addition, exploitation can include a fiduciary or caregiver failing to use an elder's income or assets for necessities, including food, shelter, clothing, or medical care. The new law increases the penalties for exploitation. If you suspect exploitation of an elder reported immediately to law enforcement or by calling adult protective services at 1-800-96 abuse. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Senior Center? A Senior Center is part of the Aging Network established by the Older Americans Act. A Senior Center is the focal point within a community to provide services to elders. Florida has approximately 260 senior centers. The service is provided following to five categories, health, including mental health, social, nutritional, educational, and recreational. Senior Centers receive financial support through the Older Americans Act, as well as local organizations, grants, private donations, and local government. Most senior centers serve meals as a focal service. However, many senior centers also provide health and wellness programs, art classes, art generational programming, educational programs, volunteer opportunities, benefit application assistance, employment assistance, transportation, information and referral services, legal counseling, and travel programs. For more information about your local senior center and the services it can provide, call the Florida Elder Helpline at 1-800-96-ELDER. Listen to our kinds of Elder Law Issues at wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Older Americans Act? The Older Americans Act was originally passed in 1965 in response to concerns about the lack of services for older Americans. It established the administration on aging and a network of delivery services to the elderly. Today, it helps provide service programs through a national network of area agencies on aging, service providers, and tribal organizations. It funds critical services that are designed to keep older adults healthy and independent. These services include meals, job training, senior centers, caregiver support, transportation, health promotion, and benefits enrollment. The Older Americans Act also includes community service employment for low-income older Americans, training research and demonstration activities in the field of aging, and activities designed to protect vulnerable adults. For more information about the services available throughout the Florida Panhandle, contact the area agency on aging for North Florida at 1-800-963-5337. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what precautions should I take if I am traveling with someone with dementia? Many families will vacation over the summer taking with them loved ones who have dementia, before making travel arrangements for an individual with dementia, determine their true level of needs and abilities. Travel can be overwhelming and traumatizing to someone in the later stages of dementia. If travel is possible, make sure that all travel is arranged to be done during the times of day when your loved one is at their best. Be prepared for some behavioral issues related to the change in environment or increased stimulation, which can include wandering, confusion, and agitation. Keep a comfort bag for your loved one with you at all times. Include in the bag a list of their medications and dosage, copies of the legal documents allowing you to make medical and other legal decisions, and their health insurance information. Alert airport personnel and hotel staff to your loved ones' difficulties. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special preparations for seniors and hurricane season? Hurricane season runs from June 1st through November 30th. It is important for everyone to be prepared for hurricane season with their hurricane supplies. However, seniors and individuals with disabilities need to make extra preparations. For those with special medical needs, they should register for the special needs shelter in their area to ensure priority evacuation if evacuation becomes necessary. If you take medications, work with your pharmacist and doctor to get an extra months medication in the event of an evacuation or loss of utilities or road access. Finally, prepare an immediate evacuation kit with two sets of clean clothing, extra medications. Your health insurance or Medicare cards, copies of your durable power of attorney and health care advance directives, an extra set of eye glasses, contact information for your emergency contact, the name and contact information for your doctor, and a list of medications and dosages. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother has been told she needs 24 hour a day care. What are our options for getting that care? There are three basic options for providing around the clock care for your mother. The most common is care provided by your family. Your mother can move in with you or another family member. Adult day care or companion care services can provide care when you are unable to do so. If your mother remains in her home, you and your family, or paid caregivers, or a combination of family and paid services, can work in shifts to provide care 24 hours a day. In the event, your mother cannot afford in home care, or it cannot be provided by a family member. She can receive 24 hour care in an assisted living facility or nursing home. These facilities will supervise her and provide services based on her level of care, the facility type and the cost. Listen to our kinds of Elder Law Issues at WFSU.org slash elder law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law issue question is, when should I change my will? Your will is the legal document that directs the disposition of your property upon your death. As long as you are competent, you can change your will. Certain life changes often require a change to your will. Common circumstances that require a change include the birth of a child, your own marriage or divorce, the death of your spouse or a child, the death of the person you have nominated as your executor, or a change in the law that impacts the transfer of your property. You should consider changes to your will when you move to a new state or your children reach the age of adulthood, marry, or have children of their own. You may also want to consider changes when you acquire more property or retire. Periodically, you should review your will to be sure that it expresses your wishes and properly distributes your property. Listen to our kinds of Elder Law issues at www.wfsu.org. Slash Elder Law. Elder Law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, when do I need a will? If you die without a will, the law in your state requires distribution of your assets to your family based on a predetermined statutory formula without regard to the emotional relationships between them or their specific needs. Without a will, the law also determines who can serve as the executor of your state, even if you would not designate the individual chosen by law. If you want your assets distributed in a way that differs from the statutory formula or designate a specific person as an executor, you will need to have a will. In your will, you can designate an executor of your choice and distribute your assets in the way you wish. A will can allow you to create trust to protect vulnerable family members, leave specific gifts to friends, and leave money to charities. To determine if you need a will, contact your attorney to discuss your planning options. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I am raising my grandchildren. How should I include them in my estate plan? If you are raising your grandchildren, you must plan on how your grandchildren will be cared for if you are no longer able to do so. Depending on the legal arrangements allowing you to raise your grandchildren, you can designate a guardian for them. If you're going to financially support them, explore options to set aside funds for their education, and determine if you will provide them with an inheritance at your death. If you do decide if it should be distributed directly to them or left in a trust to be distributed over a period of time, for a particular reason, or when they reach a certain age. If your grandchildren are receiving public benefits, you may create a special needs trust to hold the inheritance. Because of the unique relationship with your grandchildren, seek advice from a lawyer in developing your estate plan. Listen to our kinds of Elder Law Issues at WFSU.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I care for my grandchildren and my income is limited. Is there financial assistance available to me? Depending on the legal arrangement allowing you to care for your grandchildren, the status of their parents and the income of your grandchildren, a variety of benefits may be available to assist you. First, parents are always obligated to support their children even if you are the caregiver. So, you may be entitled to child support from one or both parents. If the parents are disabled or deceased, your grandchildren may qualify for Social Security survivor or family benefits depending on their parents' work history. If your grandchildren are disabled, they may qualify for supplemental security income. Finally, benefits like food stamps, Medicaid, TANF, and low-income energy assistance may be available based on your household income and size. For more information about public benefits for you or your grandchildren, contact the Social Security Administration or Florida's Department of Children and Families. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my daughter is ill and now I care for my grandchildren do I need any legal documents to prove I'm their caregiver. Depending on the nature of your daughter's illness, a formal legal arrangement may be necessary to allow you to care for your grandchildren. The children's father may also need to be a part of the decision about your legal relationship with your grandchildren because he has a legal obligation to support and parent his children. An informal arrangement to care for your grandchildren may be as simple as your daughter's written consent allowing you to enroll them in school or get medical care for them. A formal legal arrangement may include a court granting you custody or designating you as a guardian for your grandchildren. If you are to be a permanent caregiver for your grandchildren, adoption may also be appropriate. Before you agree to take responsibility for your grandchildren, speak to an attorney about any necessary legal arrangements. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what will it cost to have my long-term care provided in my home? The cost of long-term care services differ with in Florida from region to region. This also depends on the services you need and the duration of those services. According to the 2013 Genworth Financial Annual Cost of Care Survey, long-term care services in our area are lower than Florida's average. Homemaking services average $3,300 a month. Home health aids that assist with activities of daily living and supervision are $3,500 a month. Adult daycare services average $1,000 a month. During the cost of maintaining your household, you should anticipate spending between $7,000 and $10,000 a month if you need 24-hour a day long-term care services and are receiving those services in your home. While some public benefits may supplement this cost, no program will pay it entirely.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila sketchley of the sketchley law firm. Today's elder law issue question is what services will I need if I want long-term care in my home? Long-term care is not medical care. Instead, it is the supports and services one must have to meet their personal care needs and maintain safety. Long-term care services include help completing activities of daily living or ADLs such as bathing, dressing, transferring from chair to bed, eating and using the bathroom. Services also include help with everyday tasks like shopping, housekeeping, making meals, laundry, transportation, medication management, and assistance with using the telephone. As mental function declines, long-term care services can also include supervision to ensure the individual does not engage in activities that endanger their health, well-being, or safety. Individuals needing long-term care may also need help with financial decisions, money management, healthcare decision, and supervision of the service providers in their home. Long-term care services can be provided by family members or professionals. Listen to our kinds of elder law issues at www.wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and www.wfsu.com. It is the opinion of the sponsor and not of www.wfsu.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Medicaid fraud? While Medicaid recipients can commit Medicaid fraud, Medicaid fraud is more commonly a healthcare provider intentionally obtaining unauthorized payments from Medicaid. Medicaid fraud can include fraud under both federal and state laws. It includes a variety of actions including billing Medicaid for services and equipment that are not actually provided, billing for services or medications that patients do not need, overcharging for services using false provider credentials to receive payment, and paying kickbacks in exchange for referrals for medical services or equipment. Consumers can detect Medicaid fraud by reviewing their summary of benefits related to their Medicaid coverage. If you suspect Medicaid fraud by a provider, you can report it to the Office of Attorney Generals Medicaid fraud unit at 1-866-966-7226. You will be asked to give the provider name, description of fraudulent acts, Medicaid number, and name of the Medicaid recipient.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is Medicare fraud? Medicare fraud occurs when Medicare is billed for services and supplies that a consumer did not receive. The goal of Medicare fraud is to obtain payment from Medicare using illegitimate means. Common schemes of Medicare fraud include billing a patient's Medicare number for a service that was not received, billing for medical equipment that was not received, overcharging for a service or product, and ordering tests or medications the patient does not need. Florida has a significant problem with Medicare fraud due to the numbers of Medicare beneficiaries that reside here. Medicare beneficiaries can spot Medicare fraud by carefully reviewing their explanation of benefits for inappropriate charges. If you suspect Medicare fraud, you can report it by calling 1-800-META-CARE with the name of the provider and the specifics about the fraudulent charges. Medicare offers rewards of up to $1,000 for confirmed reports of Medicare fraud. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Social Security fraud? Social Security fraud is the misuse waste or taking of Social Security funds. There are three common forms of Social Security fraud that involve the recipients of Social Security benefits. First, making fault statements in support of a claim for Social Security benefits is fraud. Second, failing to disclose or concealing certain facts that would affect eligibility for Social Security benefits is fraud. The third form of fraud is when the representative payee receives Social Security benefits intended to benefit a recipient and misuses those benefits such as refusing to use them for the beneficiarious food and shelter. If you suspect Social Security fraud, you can report it online via mail, by fax or by phone. For more information about Social Security fraud and how to report a suspected fraud, visit the webpage for the Office of Inspector General for the Social Security Administration at oig.ssa.gov.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the qualifying individual program? The qualifying individual program, also known as the QI program, is one of four Medicare savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. Unlike other Medicare savings programs, QI benefits are limited. Assistance is granted on a first-come-first serve basis with priority given to previous QI benefit recipients. Individuals with growths income, less than $1313 a month, and countable assets less than $7,080 qualify for QI benefits. Individuals must apply for QI benefits every year. QI benefits pay only your monthly Medicare Part B premiums. To apply for the QI program, contact Florida Medicaid at 866-766-2237 or online at myflorta.com forward slash access Florida. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the specified low-income Medicare Beneficiary Program? The specified low-income Medicare Beneficiary Program, also known as the Selimbi Program, is one of four Medicare Savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $1,169 a month and countable assets less than $7,080 qualify for Selimbi benefits. There are separate limits applicable to married couples. Selimbi benefits pay only your monthly Medicare Part B premiums. To apply for the Selimbi Program, contact Florida Medicaid at 866-766-2237 or online at myflorda.com forward slash access Florida.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Qualified Medicare Beneficiary Program? The Qualified Medicare Beneficiary Program, also known as the QMB Program, is one of four Medicare Savings Programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $978 a month and countable assets less than $7,080, qualify for QMB Benefits. There are separate limits applicable to married couples. QMB Benefits include payment of your Medicare Part A premiums, Medicare Part B premiums, and all your Medicare deductibles, co-payments, and co-insurance. To apply for the QMB Program, contact Florida Medicaid at 866-766-2237 or online at my florida.com forward slash access Florida.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is, my mother needs to be placed in a nursing home. How do we pick a good one? Choosing a nursing home is a difficult decision. First, look at the facilities nearest you and your family so your loved one can have frequent visitors. Next, review the facilities inspection ratings on floortohealthfinder.gov. Then, call the facilities and find out if they are admitting new patients and whether they accept Medicare and Medicaid. Finally, tour each facility. During your tour, note how the facility smells, whether it looks clean, and whether the staff is visibly working in the corridors and rooms. Watch staff interactions with patients and how the patients interact with one another. In addition, watch the patients. Notice whether they are placed in front of a television in a central room or engaged in activities. Finally, ask for written pricing information and whether the facility will keep your loved one as a long-term care resident if initially admitted for rehabilitation. Listen to our kinds of elder law issues at WFSU.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is how do I know if an attorney is competent in elder law? Finding an attorney for any legal problem is difficult. Because of the complexity of elder law it is imperative that you determine whether an attorney is qualified to handle an elder law matter. Two questions can help you determine if you have a qualified elder law attorney. One, how much of their practice is dedicated to elder law and how long have they been practicing in the field? Elder law is complex and changes often. This requires an attorney to remain current in the area. The attorney should dedicate a significant portion of their practice to elder law and have been practicing for several years. Two, is the attorney Florida Bar Board Certified in Elder Law. Florida Bar has made that determination of expertise based on peer review, testing, and continuing education. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm, providing elder law services, including all aspects of planning for aging, long-term care, and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what are the signs of abuse in a nursing home or assisted living facility? Elder abuse can occur anywhere, including a nursing home or assisted living facility. There are three types of abuse common in facilities, physical and emotional abuse, and neglect. Signs of physical abuse include unexplained bruises, welts, broken bones, scratches, or swelling at the ankles and wrists. Signs of emotional abuse include sudden changes in an elder's mental state, isolation of the elder from visitors, or belittling or humiliation by a caregiver. Signs of neglect include unexplained weight loss, dehydration, unclean surrounding bedsores on heels or buttocks, untreated bedsores on any part of the body, or filthy facility conditions. To prevent abuse in a facility, be sure you visit your loved one often and at unexpected times. If you detect abuse, immediately report it to the facility administrator. You can also report facility-based abuse to 1-800-96 abuse, or to the agency for healthcare administration. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is a good gift for someone with dementia? Finding the perfect gift for someone with dementia can be difficult. When choosing a gift, you may need to consider the stage of dementia your loved one is experiencing. A great gift for anyone at any age of dementia is a date calendar clock with large numbers, comfy clothing that is easy to wear, or a family photo album with photos labeled for easy reference. For individuals at the beginning stages, notepads, colorful sticky notes and a calendar make good gifts. These items help your loved one keep appointments and reminders around the house. For individuals who reside in a facility, good gifts include a decorated visitors journal where your loved ones' visitors can leave messages to memorialize their visits or a family photo collage to hang on the wall of their room. For individuals in later stages of dementia, brightly colored lap quilts monographed with your loved one's name also make great gifts. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, my elderly mother needs help what options does my family have to get her help? Your family's options depend on the kind of assistance your mother needs and her resources. Help with Erin's housework and custodial care can be provided by family members while your mother continues to live in hers or a family member's home. If no family member is available to help and if your mother has the resources she may be able to hire professionals to provide her needed assistance. If she is unable to get services in her home she may be able to move to an assisted living facility that can provide services for a fee based on her needs. If she needs more intensive care she may need to move to a nursing home where she will receive both medical and custodial care. If your mother's resources are limited she may have to apply for public benefits to pay for her care which may limit her options. Listen to our kinds of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I believe that my aging parents need help but I don't know how to talk to them about it. There are many ways to approach your aging parents with concerns about their need for help. First, listen to your parents. Your parents may give you an opening to discuss their need for help. If your parents don't create an opening, approach them, be direct but respectful about your concerns. Ask if they are aware of the problems you see and if so, how you might be able to help them. If your parents refuse to discuss your concerns, don't argue, wait for another opportunity. Don't assume your parent is refusing because she doesn't recognize the problem. If several family members have concerns, organize a family meeting to discuss the issues with your parents. Ask family members to come to the meeting with not only their concerns but also their proposed solution and how they can help your parent. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, how can I tell if my aging parents need help? As our parents age, they may slow down or even experience a decline in physical and mental abilities. While not everyone needs assistance as they age, there are signs that indicate an aging parent may need help. These signs include sudden unexplained weight loss, signs of forgetfulness such as repetitive questioning, repeating conversations, and difficulty remembering common words, dramatic changes in your parents' mood, and unclean appearance or strong body odor, sudden and inexplicable financial problems such as bounce checks and disconnected utilities, or the presence of a new friend that appears to be isolating your parent. If your parent exhibits these signs, visit your parents' home to assess it for hazards and respectfully discuss your concerns with them. If they are in imminent danger, immediately contact law enforcement or emergency medical services. An elder law attorney may be able to help you and your parents to determine if additional legal intervention is necessary. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues question is, my sister is my mother's caregiver and I want to help. Is there any way I can help without offending her? Approximately 65 million Americans are caregivers. The caregiving duties often fall to one family member. Other family members may wish to help but wait for the caregiver to ask. Don't wait for your sister to ask for help and don't just give her suggestions on how she could be a better caregiver. Offer to help her with the tasks that reduce her burden or she may be unable to do given her caregiving duties. Offer to make and bring a complete meal to your mother at least once a week include disposable plates and utensils to reduce cleanup. To help with yard or basic housework also offer to assume the caregiving burden during a period of time each week so your sister can have time to take care of herself and her personal obligations. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my father once his ashes scattered in a national park, can we do that? Many people request their cremated remains be scattered in a place that held meaning to the loved one and their family. However, scattering cremated remains in a public place raises many public health issues. The scattering of ashes on land is governed by a patchwork of federal, state, and local regulations designed to protect the public and the sanctity of human remains. If your loved one once his or her remains scattered in a body of water, there are additional considerations, including preventing others who use the water from ingesting the remains. Many national and state parks and lands do allow cremated remains to be scattered. However, this requires a special permit and may only be done at the place and time specified in the permit. If your loved one once his ashes to be scattered in a body of water, additional permission may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilis sketchley of the sketchley law firm. Today's elder law issues question is, my mother appointed me as her power of attorney. What should I do? When you have been appointed to act on behalf of another under a power of attorney, you must first determine whether you are willing to accept the duties required by the power of attorney. As an agent for your mother, also known as the principal, you will conduct financial transactions on her behalf. You owe her a fiduciary duty, which means you must conduct all transactions prudently and in her best interest. You will also be required to keep an accounting of the transactions you conduct and disclose it when requested or ordered to do so. If you do not believe you have the time or ability to fulfill these duties, you may want to decline the appointment. If you accept your appointment, you should seek the advice of an attorney who can more fully advise you on your responsibilities, duties, and consequences of failing to fulfill them. Listen to our kinds of elder law issues at wfsu.org, slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a non-lawyer advise me about my estate and long-term care planning? Non-lawyers can only provide very limited assistance with your estate and long-term care planning. A state planning requires legal advice in the creation of legal documents. Only lawyers can provide legal advice, which occurs when the lawyer applies the law to your particular circumstances and directs, councils or recommends a course of action based on this analysis. Only lawyers can create legal documents such as wills, trusts and powers of attorney. Non-lawyers can only provide you with pre-printed forms, but are even prohibited from recommending the type of form you need or telling you the information needed to complete it. Many non-lawyers advertise they provide the same services as an attorney despite these strict limitations on their actions. When a non-lawyer gives you legal advice or creates legal documents for you, this is called the Unlicensed Practice of Law. It is illegal and harms consumers. Listen to our kinds of elder law issues at WFSU.org, slash elder law. Elder law issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I'm turning 65, what do I need to do? Most people know that when you turn age 65 you become eligible for Medicare and must enroll in parts A, B and D. 65 is a milestone birthday and in addition to enrolling in Medicare you should do the following. Shop four and purchase long-term care insurance if you are eligible. Decide when to claim your Social Security retirement benefits if you have not already claimed them early. Review an update your estate plan including your will, power of attorney and living will. Discuss your end of life wishes and long-term care plans with your family. Review your financial status and retirement plan to determine whether your savings is on track to pay for your long-term care and retirement. Finally, determine whether you would like to age in the home in which you currently live or would like to downsize to a smaller, more accessible home. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what should I do if I think my elderly parent is no longer a safe driver? Not every older person is an unsafe driver. However, if you truly believe your elderly parent is an unsafe driver, address it immediately. Understand the loss of the ability to drive often leaves individuals isolated and dependent on others. Few people accept this loss without resistance. Try talking to the elder about how you and your family can help them from being isolated so they can quit driving. If that fails, organize a family meeting in which several family members express their concerns or observations about the danger of the elder continuing to drive. If that fails, you can report the elder to the Florida Department of Highway Safety, which can result in the revocation of their driver's license. In emergencies, take away the keys or disable the car. For more information, visit Florida's Grand Driver page on the Department of Highway Safety website. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the statewide Medicaid Managed Care Long-Term Care Program? Florida was given a waiver that allows the state to require all Medicaid recipients to enroll in a Managed Care Organization to receive Medicaid benefits. The first group of recipients required to enroll in Managed Care are those needing Medicaid Long-Term Care benefits such as Nursing Home Care. This is referred to as Florida's statewide Medicaid Managed Care Long-Term Care Program. Individuals who need nursing facility care and are residing in a nursing home or receiving Medicaid Long-Term Care Services through certain home and community-based programs will be notified that they must enroll in a Managed Care Organization in their region. Most of the WFSU listening area is in Region 2. Medicaid Long-Term Care recipients in Region 2 can choose to enroll in one of two Managed Care Organizations. Florida's Agency for Healthcare Administration will send Medicaid recipients letters notifying them of the enrollment requirement and procedures. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is managed care? Managed care is a health or long-term care delivery system in which managed care organizations are responsible for providing health or long-term care to the individuals enrolled in their organizations. A managed care organization creates a network of care providers who provide a set of services to the individuals enrolled in the organization. Individuals enrolled in the managed care organization receive their health or long-term care through only these providers. The managed care organization pays the providers based on a contract the organization has with each provider. A managed care organization can set criteria that enrollees must meet to receive certain services, including prior authorization requirements or limits on the number of visits to a specialist within the network. Services provided by companies outside the managed care organizations network are usually not paid for by the managed care organization and are the responsibility of the individual. Florida is currently transitioning its Medicaid program to a managed care system. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I wrote out my last will and testament by hand, is it valid. A handwritten will is referred to as a holographic will. It is handwritten and signed by the individual making it. Holic wills are often written in emergency situations such as when the individual is facing death and not usually signed in the presence of witnesses. In some states, a holographic will that meets certain criteria is a valid last will and testament. However, in Florida, a holographic will created in Florida is not a valid last will and testament unless it is signed and witnessed in accordance with Florida law. A holographic will created in another state might be considered valid in Florida depending on the law in the state in which it was written. However, getting it recognized in Florida would require extensive evidence and could be a costly legal undertaking. To be sure your will is valid, consult an attorney about the requirements for a valid last will and testament. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can families prevent conflict associated with caregiving? One source of conflict in families who are providing care for a loved one is a lack of or perceived lack of communication. To avoid conflicts associated with a lack of communication, families should create a practical communication plan that provides information and updates on the status of the loved one. Email is a free effective communication tool with internet access available in public libraries and in many restaurants and other public places. Family members provide the primary and respite caregivers with their email addresses. Caregivers will set aside time each week to write a family email sent to everyone's email address. The email should include updated medical and medication information, updated financial information, any signs of the loved one's declining condition, a short list of activities in the week, and any developing concerns related to the loved one. Caregivers should also use this message to ask for input from non-caregiving family members. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Then provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm Attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how often should you review your estate plan? Many believe that once an estate plan is created, it can be placed in a safety deposit box and forgotten. However, the estate plan you created several years ago may no longer fit your circumstances. May have been unexpectedly changed by new laws in your state or not comply with the laws of the state in which you currently live. To ensure your estate plan continues to fit your needs, you should review it with an attorney every time you have a major life-changing event. Life-changing events include the birth of a child or grandchild, moves between states or a move of more than 250 miles within a state, the death of a spouse, the death of a loved one, marriage divorce, a child reaching the age of majority, marriages or divorces involving your adult children, the diagnosis of a catastrophic or chronic illness or milestone birthdays such as your 50th, 60th or 70th. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener. Do I need a trust for my property? Not everyone needs a trust. Many people have been told they need a trust. Some of the most common reasons people are told to have a trust are to protect their estates from the costs of probate, to protect their estates from taxes and attorneys fees, or to prevent family fights. However, trust are not for everyone. Trusts are legal entities established for a variety of reasons based on your specific circumstances. Your property will be placed in the trust and administered by a trustee which can be you or someone else. While trusts may be used to avoid probate, they are not necessarily cheaper than the costs of probate in Florida after the initial costs of creating and funding the trust, and they don't prevent family fights. Before creating a trust, talk to an attorney about your circumstances and the reasons you may need a trust. This is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic estate planning documents that an individual needs? A basic estate plan should include the following documents. A healthcare surrogate designation, which is a written document designating a person or a person's to make healthcare decisions for you when you're unable to do so. A living will, which is a written document identifying the medical care you do or don't want at the end of your life, when you are unable to make healthcare decisions for yourself. A durable power of attorney, which is a written document designating someone to make financial and property decisions, and conduct financial transactions for you when you need assistance. And a last will and testament, which is a written document that states how you want your property distributed at your death. This basic estate planning documents must be signed and witnessed in accordance with Thorntel Law in order to be valid, depending on an individual circumstances additional documents such as a trust may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what are filial responsibility laws? Filial responsibility laws require adult children to support their parents when parents are no longer financially able to do so. 49 states have filial responsibility laws. The child's liability under filial responsibility laws differs from state to state. In some states, a nursing home or assisted living facility can sue a resident's adult children for unpaid bills while in other states the parent can sue a child for support. Florida has no filial responsibility laws, no legal duty requiring children to support their parents. In Florida, a child is not liable for their parents' care and support unless there is an enforceable agreement by the child or some wrongdoing that may create liability. However, adult children living in Florida, whose parents live in another state, may be liable for that parent's support based on the law of the state in which the parent lives. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver burnout? Caregiver burnout is a state of physical, mental, and emotional exhaustion due to excessive long-term stress usually associated with providing care for a loved one. As caregivers spend their time providing care for others, they neglect their own health and well-being, often feeling guilty when their health forces them to focus on themselves. This self-neglect over time causes burnout. Caregiver burnout is marked by depression, hopelessness, constant fatigue, withdraw from family and friends, irritability, changes in sleep patterns, changes in eating habits or weight, loss of interest in beloved activities, and even ranged toward the person receiving care. Caregiver burnout also causes increased physical illness, including chronic illnesses. Caregivers, who may be suffering from burnout, should seek help immediately for themselves and their loved one. The area agency on aging can direct caregivers to support services such as counseling, respite care, and private-sitter services to relieve the caregiving burden. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Certified Aging and Place Specialist? A Certified Aging and Place Specialist is a designation given to building professionals who have completed the Certified Aging and Place program. The program was developed by the National Association of Home Builders in collaboration with the AARP. It teaches builders the skills necessary to design, build, and remodel homes to meet the needs of people aged 50 and older. It emphasizes universal design to accommodate family members of all ages and abilities, allowing individuals to age in their homes. The program also provides builders with the business management and customer service skills to work with older adults and tailor their businesses to the needs of an aging population. Students who are building or modifying homes to accommodate the aging process or a disability should look for a builder that has been designated as a Certified Aging and Place Specialist. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Americans with Disabilities Act? The Americans with Disabilities Act or the ADA is a federal law providing civil rights protections for individuals with disabilities. The ADA guarantees equal opportunities in telecommunications, government services, employment, transportation, and public accommodations such as hotels and restaurants. The ADA protects three categories of people, those with a mental or physical impairment that substantially limits one major life activity, those who have a record of physical or mental impairment, and those who are perceived as impaired regardless of their actual impairment. The definition of disability under the ADA does not include specific impairments or physical characteristics indicating impairment. To comply with the ADA, businesses and government must remove barriers to accessing goods and services, provide auxiliary aids and services, modify policies to eliminate discrimination, and eliminate unnecessary eligibility criteria that segregate those with disabilities. The ADA National Network can provide guidance and training on ADA compliance. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. It is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what can employers do to prevent caregiver or family responsibility discrimination? First, employers must be aware all employees, male and female, young and old, can be caregivers. Employers subject to the Family Medical Leave Act should make all supervisors and managers aware of its provisions and provide employees with the appropriate notice of its provisions. Employers should be aware of common biases about caregivers, most of whom are women, and trained supervisors to spot and defuse them. These include beliefs, caregivers are unreliable, women should be home caring for family members, or men should focus on work and leave caregiving to their wives. While there are no federal laws specifically preventing caregiver discrimination, there are laws that create liability for actions resulting in caregiver discrimination. These include state and federal laws preventing discrimination against gender, age and disability. Employers must treat all complaints of potential caregiver discrimination seriously, and ensure that employees are not subject to retaliation for reporting them. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver or family responsibility discrimination? Caregiver or family responsibility discrimination is employment discrimination against employees based on the employees' family responsibilities, including caring for elderly parents or spouses. Women are most often the victims of caregiver discrimination because women are more often the caregivers for elderly spouses or relatives. Examples of caregiver discrimination include harassment, demotion, termination, and disparate treatment for manufactured infractions. There are no specific federal laws that outlaw caregiver discrimination. Even though no specific laws prohibit caregiver discrimination, there are laws used to fight it. Because women are most likely to suffer caregiver discrimination, gender discrimination equal pay laws are often used to combat it. Caregiver discrimination may also violate the American with Disabilities Act. If you believe you've been the victim of caregiver discrimination, contact the Florida Commission on Human Relations or the Equal Employment Opportunity Commission. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can I use the Family Medical Leave Act leave to care for my elderly parent? If you work for an employer covered by the Family Medical Leave Act and your parent suffers from a serious health condition certified by his or her health care provider, you can use the Family Medical Leave Act to take up to 12 weeks of unpaid leave in a year to provide care for your elderly parent. Your elderly parent's condition must either require an overnight stay in the hospital or other medical facility, incapacitate your parent for at least three days, or be a chronic condition causing your parent to suffer occasional periods of incapacity requiring treatment by a health care provider at least twice a year. To access Family Medical Leave benefits, you must provide your employer with the appropriate notice. For more information about the Family Medical Leave Act, ask your employer or visit the U.S. Department of Labor website. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Family Medical Leav Act? Family Medical Leav Act provides eligible employees of public agencies, school districts, and private employers with 50 employees or more, 12 weeks of unpaid leave each year, continuation of any group health benefits during leave, and the right to return to their same or equivalent job at the end of leave to care for a spouse, child, or parent with a serious health condition. Eligible employees are those that have worked 1,250 hours during the 12 months prior to the start of leave. Leave can be taken intermittently. Employers may require an employee to provide a certification of the Family Members' serious health condition before granting leave and can ask for recertification every 30 days. Employees must give a 30-day advance notice for leave unless the need for leave is unforeseeable and notices impractical. While an employee need not mention Family Medical Leav specifically, they must reference the qualifying condition and the need for leave. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is Senior's Vs. Crime? Senior's Vs. Crime is a special project of the Florida Attorney General. The program uses senior volunteers to assist other seniors who believe they have been the victim of a crime or scam. Volunteers, known as Senior Sluse, do several things through the program. They work with law enforcement to provide information about scams and frauds within the community. They educate the community about frauds and scams affecting Florida seniors and how seniors can protect themselves. Volunteers investigate complaints the Attorney General's Office receives from throughout the state, and volunteers may also work in undercover operations to obtain evidence through companies or individuals acting illegally. This must be at least 50 years old and can complete an online application at seniorversuscrime.com. If you believe you've been the victim of a scam, you can request help from Senior Versus Crime by contacting your local Senior Versus Crime Office or completing an online request for assistance. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can I protect myself from identity theft? Identity theft occurs when your personal information is used by another without your consent or knowledge. The key to preventing identity theft is to protect your personal and financial information. Do not provide personal or financial information in response to unsolicited requests. Review all your bank and credit card statements immediately and challenge any unauthorized transactions. Be sure to shred expired bank cards and all documents that contain personal or financial information. Finally, request your credit report once a year from annualcreditreport.com. Review the report for any accounts or transactions you do not recognize. If you find problems in your report, contact the credit reporting agency to challenge them. Any time you suspect your information has been stolen, place a fraud alert on your credit report with each credit reporting agency. Finally, when you find you have been a victim of identity theft, call law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is identity theft? Identity theft occurs when your personal information is used by another without your consent. You may be unaware your information has been used inappropriately until you are denied credit or receive a bill for purchases you did not make. There are several forms of identity theft. Fishing occurs when personal information is obtained by someone claiming to represent a legitimate corporation or government entity to get your information for fraudulent purposes. Skimming occurs when someone obtains your credit card information through an otherwise legitimate transaction and uses it without your permission. So ID theft occurs when someone uses your name and health insurance or Medicare information to obtain or bill for healthcare products or services. Identity theft also occurs when credit cards or checks are physically stolen and used to make purchases. To protect yourself from identity theft, you must protect your personal and financial information and regularly check your financial statements for unusual transactions. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Marchment Act? A Marchment Act usually refers to an involuntary proceeding under Florida Statutes Chapter 397, in which a court determines a person is impaired due to substance abuse, has lost self-control with respect to the use of the substance, has or is likely to cause serious harm to him or herself, or another, and due to the impairment is unable to make a rational decision regarding substance abuse treatment. A Marchment Act can be initiated by a court after a specific interested person has filed a verified petition, or certain licensed service providers. After the court enters a Marchment Act order, law enforcement takes the individual subject to a Marchment Act, to a receiving facility where he or she will be evaluated and an assessment is sent to the court. A person can be held up to five days for evaluation under a Marchment Act order. After the court receives the written assessment, a subsequent petition can be filed requesting that the individual be involuntarily placed in substance abuse treatment. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Baker Act? A Baker Act usually refers to an involuntary proceeding under Florida Statutes Chapter 394, in which a court determines a person is mentally ill and due to mental illness is unable to conclude that treatment is necessary or has refused voluntary treatment, is unable to provide for his or her own care and without treatment is likely to cause serious harm to him or herself or another. A Baker Act can be initiated by a court after an interested person has filed a verified petition, a law enforcement officer when a person appears to meet the Baker Act criteria, or certain mental health care professionals. When a Baker Act is initiated by a court order, law enforcement takes the individual subject to a Baker Act to a receiving facility, where he or she will be evaluated and mental health professionals decide what further action is necessary. A person can be held up to 72 hours under a Baker Act order. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Health Insurance Exchange under the Affordable Care Act? A Health Insurance Exchange is a key component of the Affordable Care Act, also known as the ACA. Health Insurance Exchange will be available for each state and our marketplaces where consumers can shop for health insurance plans, comparing planned benefits and prices in a side-by-side comparison. Under the ACA, the federal government will establish an exchange and provide grants to states to create their own. For states that do not establish exchanges, the federal government exchange will be the default exchange for consumers in those states. To be part of the exchange, plans must meet certain requirements. No plan can deny coverage for pre-existing conditions. All plans must include affordable basic coverage packages mandated by the ACA. Price variation of Health Insurance Plan will be based on a small number of factors, and all plans must be offered in four comparable tiers. Health Insurance exchanges are to be operable beginning January 2014. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an Aging Resource Center or an ARC? An Aging Resource Center or an ARC is one of 11 entities that work as a coordinated system throughout Florida to provide consumers with information on and access to long-term care resources including local, state, and federal programs related to long-term care. Each of Florida's 11 agencies on aging is designated as an ARC. The goal of the ARC system is to provide elders and their caregivers with uniform one-stop assistance throughout the state. ARCs are designed to reduce duplication of administrative work, minimize service fragmentation, and provide consumer-friendly access to services. The main functions of the ARC are to triage clients who require assistance, provide information and referrals for services, and determine functional and financial eligibility for programs. The ARC, serving individuals in the WFSU Listening Area, is the area agency on aging of North Florida. For more information or to contact your local ARC, call 1-800-96-L or 1-800-96-3-5337. Under-law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how do I find information about the ratings of a nursing home in Florida? Nursing homes are regulated by both federal and state governments, so information is available from both the state and federal government. Medicare.gov contains a listing of nursing homes throughout the U.S. with a five-star rating system. The search feature allows consumers to locate a nursing home by zip code, name, or town, and get inspection, quality, and rating information for each nursing home chosen. It also allows consumers to do a side-by-side comparison of nursing homes. Florida also provides information to consumers through FloridaHealthFinder.gov. Florida consumers can search for nursing homes and assisted living facilities in Florida by name, location, or type, and retrieve detailed inspection reports, licensing information, contact information for facility administration, and even administrative cases against the facility. This information allows consumers to determine the quality of a facility, as well as whether adverse incidents are a pattern within the facility and detailed correction plans. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Incident provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, are there independent living apartments available only to individuals over a certain age? Yes, there are independent living apartment complexes that are age restricted. The age restrictions are usually over the age of 50 or 62. Special federal and state laws allow certain apartment complexes to restrict access based on age. These complexes may be available in an unsubsidized retirement community, where the residents must be over a certain age and accept certain restrictions or amenities as part of their living arrangements. These private complexes may vary in cost, amenities, location, and residential restrictions, and will require residents to complete applications and sign agreements regarding the residents obligations. Some age restricted complexes may be considered affordable housing under federal, state, local, or county regulations. Residents who move into affordable housing complexes may have to meet certain income and asset eligibility standards, but rent is usually capped at a percentage of their income. For more information about affordable housing for the elderly in Florida, visit flordahousingsearch.org. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener who asks, are there veterans administration benefits available to cover the costs of long-term care for individuals who have not served in the military? VA benefits are only available to veterans who have served in the United States Armed Forces, who have been discharged under conditions other than dishonorable, or to the veterans' dependents. A dependent for the purposes of VA benefits may include a spouse, widow or widower, child or dependent parent depending on the benefit sought and the veteran's service. Surviving spouses, children, and surviving dependent parents may be eligible for dependency and indemnity compensation. Some dependents receiving dependency and indemnity compensation may also be eligible for aid and attendance. There may be other benefits available for surviving spouses and children based on a veteran's service, injuries and disabilities. Dependents of veterans can apply for these and other benefits online at VA.gov or by calling their local veteran service officer or 1-800-827-1000 for more information. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what do I need to do if my elderly parents are moving in with me? Elderly parents often move in with adult children later in life when they need care or because of financial difficulties related to limited resources in retirement and often these moves are done in crisis. The first thing to consider is whether the adult child is financially, physically, and emotionally able to add aging parents to the household. If parents move into an adult child's household, the parents in the child must discuss financial arrangements. Will parents be paying to stay in the household or for the care provided by the child if so, what will be paid and when? Elderly arrangements must be put in writing to reduce family disputes later. In addition, the parents and the child's family must work out the day-to-day living arrangements such as shopping, transportation, privacy, and even the use of a telephone. For guidance with regard to these arrangements, contact a Florida Bar Board certified Elder Law Attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I have a disabled child, is it best to leave them nothing in my will? Many families face what to do if a disabled child inherits money when parents die. Often the disabled child receives public benefits that would be reduced or eliminated if the child receives an inheritance. But the inheritance does not replace the value of those benefits. Families often believe the only option is to leave nothing to the disabled child. But with planning, a family can ensure the disabled child continues to receive necessary public benefits while benefiting from funds that she would have inherited. A family member can create a trust to hold assets that would have been inherited by the disabled child. That trust can restrict the use of those assets only for specific items for the disabled child, protecting the public benefits. This is called a special needs trust. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is informed consent for medical treatment? Informed consent for medical treatment is how a fully informed patient participates in healthcare decisions and makes choices regarding treatment. Patients have the right to direct their medical care and this is the heart of informed consent. To provide informed consent, a patient must understand the situation, understand the risks of treatment options, and be able to communicate a decision to the physician. To ensure a patient can provide informed consent, a physician should explain the treatment, including the risks, the reasonable alternatives to the proposed treatment, determine the patient understands, and determine the patient's decision. For many treatments, physicians provide written explanations including a list of risks and obtain the patient's consent. When a patient is unable to provide informed consent, a healthcare surrogate or healthcare proxy can provide informed consent after receiving the same information that would have been provided to the patient. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the sketchley law firm online at sketchleylaw.com. Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues is to recognize October as National Guardian Ship Month. National Guardian Ship Month celebrates the work and support of the individuals and entities who serve as court appointed decision makers for individuals who are unable to make decisions for themselves, also known as guardians. Guardians can be family members, friends, professionals, banks, and not-for-profits who serve as guardian for those with no friends or family. Guardians play a significant role in protecting a community's most vulnerable members. Guardians pay bills, collect income and assets, make medical decisions, find housing, apply for public benefits, maintain or sustain basic necessities, and even rescue individuals from abuse neglect and exploitation. To recognize guardianship throughout October, local guardians and guardianship groups will be holding fundraisers for not-for-profits that serve as public guardians and public presentations to teach the community about the importance of guardianship. For more information about National Guardian Ship Month, visit the websites for the Florida Statewide Public Guardianship Office and Florida State Guardianship Association. Submit a question for elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm at www.su. Information provided is the opinion of the attorney and not of www.su.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Community Care for the Elderly or CCE Program? The Community Care for the Elderly or CCE Program provides community-based services to homebound elders 60 years of age or older at risk for institutional placement to help them remain in the community and avoid nursing home placement. Eligible elders may receive services designed to keep them in the least restrictive most cost-effective setting possible. Services may include case management, adult day care, companion care, medical supplies, counseling, home delivered meals, home making, home health, referrals, legal assistance, personal care, respite, errands, and transportation. CCE is administered by Department of Elder Affairs, which contracts with 55 lead agencies throughout the state to provide CCE services. Eligibility is determined by an initial comprehensive assessment and annual assessments. Recipients may be required to pay co-payments based on the elder's ability to pay. Priority is given to victims of abuse and neglect or exploitation who need assistance to prevent further harm. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The program provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Silver Alert? A Silver Alert is a standardized public notification system adopted by statute and Florida in 2011 to broadcast information about missing elders with irreversible deterioration of mental functions such as Alzheimer's disease or dementia. This system uses various media outlets such as radio and television, as well as the highway message system to broadcast the elders' description and a description of any vehicle they may be driving to enlist the public in searching for and assisting in locating and rescuing the missing elder. Once the missing elder has been rescued, Department of Elder Affairs works with local memory disorder clinics, area agencies on aging and local services to provide follow-up assistance for the elder. Floridians can sign up for free Silver Alerts via email through the Department of Elder Affairs website. To learn more about Florida's Silver Alert plan and how it is activated in your community, contact the Florida Department of Law Enforcement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Memory Disorder Clinic? Memory Disorder clinics are one of four components of the Florida Alzheimer's Disease Initiative passed in 1985. Memory Disorder clinics use a team of physicians, nurses, social workers, and other memory disorder professionals to provide comprehensive assessments, diagnostic services, and treatment to individuals who exhibit symptoms of Alzheimer's disease and related memory disorders. Florida funds 13 of the 15 Memory Disorder Clinics established by the Alzheimer's Disease Initiative. In addition to assessments, diagnosis, and treatment, these clinics also develop training programs and materials for caregivers and healthcare professionals. Memory Disorder clinics provide support groups for patients and caregivers, make referrals to community services, provide caregiver counseling, and conduct research. The Tallahassee Memorial Neuroscience Center houses the Memory Disorder Clinic that serves most of the WFSU listening area. For more information about the Memory Disorder Clinics throughout Florida, or to contact the clinic nearest you, call 800-96-ELDER. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Shine Program? Shine stands for Serving Health Insurance Needs of Elders. The Florida Shine Program is a statewide volunteer-based program providing counseling and education on Medicare, Health Insurance, Medicaid, Medicare Supplemental Insurance and Long-Term Care Insurance. This program is administered through the Florida Department of Elder Affairs and funded by a grant from the Center for Medicare Medicaid Services. The Shine mission is to provide free unbiased health insurance information to Florida's elders, so they can make informed decisions about their health insurance options. Shine volunteers cannot hold an active health insurance sales license and usually provide at least 16 hours of volunteer time a month. The Shine Program provides free training and materials to volunteers and periodic training to ensure volunteers have the most current information. For more information on volunteering for or obtaining counseling assistance from the Shine Program, visit www.floor-to-shine.org or call 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org-ELDERLaw. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the special needs shelter? When evacuating to a shelter during a hurricane, there are two kinds of shelters, one for the general population and one for those with special medical, mental, health, or physical conditions. Most counties have special needs shelters, but you must meet certain requirements for admission. Some special needs shelters are within public shelters. Others are only for those with special needs. Basic medical assistance and monitoring are available, but these shelters usually do not have advanced medical equipment or medications and do not have staff to provide advanced medical care. Caregivers should always accompany special needs shelter clients. Clients should bring their own medications or transportable durable medical equipment. To learn more about the requirements for staying in a special needs shelter and how to register, call your county special needs registry which can be found at the Florida Department of Elder Affairs website or by calling 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are aid and attendance and housebound benefits for veterans? Aid and attendance and housebound benefits for veterans are benefits paid to a veteran in addition to the monthly pension benefit. To be eligible for aid and attendance or housebound benefits, the veteran must qualify for VA pension for veterans, which has certain eligibility criteria, and require the aid of another person to perform activities of daily living, be bedridden, be a patient in a nursing home, or meet a certain standard of visual impairment. A veteran cannot receive both aid and attendance and housebound benefits. To apply for aid and attendance or housebound benefits, contact the regional VA office where the Veterans Pension Benefits claim is filed, and provide evidence for the need for aid and attendance or housebound care. For more information and a list of evidence needed to support the claim, contact the VA at www.va.gov or 1-800-827-1000. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is VA Pension for Veterans? VA Pension for Veterans is a VA benefit paid to veterans discharged under conditions other than dishonorable, with at least 90 days of military service, including at least one day of wartime service, and who have limited or no income or resources. Applicants must be 65 years of age or older, a patient in a nursing home, or are permanently and totally disabled not due to the individual's own willful conduct. The maximum annual pension rate is $12,256. When determining whether a veteran's income is below the maximum annual pension rate, the veteran's unreimbursed medical expenses may be deducted from her income. To apply for pension for veterans, you must complete an application. Veterans can apply online at www.va.gov or call a veteran service officer in your area or call 1-800-827-1000 for more information. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the National Family Caregiver Support Program? The National Family Caregiver Support Program is a program administered by the Florida Department of Elder Affairs that provides services to family members caring for frail elders and grandparents or elderly relatives providing care for minor children or children with disabilities. The program is funded through the Older Americans Act, with resources provided to local area agencies on aging that acquire services for the program. Services include informational resources, counseling, help accessing community services, caregiver support groups, caregiver training, respite care, some supplemental services such as help with medical supplies and limited legal services. To qualify for program services, applicants must be an adult family caregiver providing in-home community care to a person over 60 or a relative over age 55 providing care for a child under age 18 or with disabilities. For more information about the National Family Caregiver Support Program, contact your local area agency on aging. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Medicare Supplemental Insurance Policy? A Medicare Supplemental Insurance Policy, also known as a Medigat Policy, is a private health insurance policy that supplements Medicare coverage by paying certain copays, deductibles, and co-insurances that Medicare does not pay. Federal law requires 10 standardized Medigat policies, each with its own specific coverages. This means that any company selling Medigat policies must sell the same standardized policies as other companies selling policies, creating competition on cost, service, and reliability. Not every company that offers Medigat policies sells all policies, but all companies must offer the basic Medigat policy called Plan A. Plans are designated by letters A through J, and each plan provides different coverages for a different premium cost, with A being the basic and least expensive, and J being the most expensive, and comprehensive. For more information about Medigat policies, contact the Florida Shine Program at 1-800-965-337. Submit a question for Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the sketchly law firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what happens to my pets when I need someone to care for me? A significant part of an Elder's life is their pet. Often when an Elder needs care requiring placement away from their home, they resist because it may require separation from their pet or leave the pet without care. With a little planning, a pet can be cared for even when the owner is unable to do so. Some nursing homes and assisted living facilities allow an Elder to keep a pet in their rooms. A pet owner can also designate in writing a pet caregiver to provide care in the owner's absence. A pet owner should also authorize their agent under a durable power of attorney to pay the cost of the pet's care out of the owner's funds. In the owner's will, the owner should give the pet to a particular caregiver after the owner's death and create a pet trust to designate funds for the pet's care for the pet's life. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a geriatric care manager? A geriatric care manager is a professional usually with a background in social work, gerontology, or medicine that provides assistance to elders or their families in arranging and monitoring long-term care for an elder. A geriatric care manager can provide assessments to determine care needs and identify problems. Care managers can help with crisis intervention and assistance in coordinating appropriate care for chronic illness, including finding appropriate doctors and support services, and identifying ways an elder can pay for care. Care managers also assist in finding and arranging residential placement and monitoring institutional care to ensure the elder is receiving all necessary and appropriate services. Geriatric care managers can be helpful and necessary service for families who are caring for loved ones from a distance. When retaining a care manager, ask for their qualifications and background because care managers are not regulated in the state of Florida. For more information about geriatric care managers in your area, contact the Florida Geriatric Care Managers Association. Listen to archives of elder law issues at WFSU.org slash elder law. Elder law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is adult daycare? An adult daycare is also known as adult day services is a program that provides social activities, meals, and supervision during the day for elders with cognitive impairment or those with disabilities for a daily, weekly, or monthly fee. Participants arrive at the center in the morning and are picked up in the evening similar to a daycare for children. Adult daycare is allowed families of participants to continue to work during the day while caring for an elderly or disabled loved one. Adult daycare is allowed elderly or disabled individuals to continue to live in the community with their families and avoid institutional placement. Adult daycares in Florida are regulated and must meet certain guidelines to be licensed. Many are run by nonprofits or public entities such as hospitals. For information about adult daycare in your area, visit FloridaHealthFinder.com or contact the Elder Helpline at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is respite care? Respic care is temporary or short-term care for an elderly or disabled person provided by someone other than the regular caregiver. Respic care services can be provided in the home where the person is cared for by outside providers in a nursing home or assisted living facility or at an adult day care center. Respic care provides a temporary break for the regular caregiver, usually a spouse or child, and allows the regular caregiver to rest, take care of personal business, and maintain the household. Respic care is a necessary part of in-home long-term care to prevent a regular caregiver from experiencing burnout or other stress-induced illnesses associated with long-term care giving. Respic care services are provided by private businesses, friends and family, and some nonprofit entities. Costs are based on the services provided and the duration of the care. For more information about respic care services in your area, contact Elder Help Line at 1-800-96-L or 1-800-963-5337. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. The company provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a reverse mortgage? A reverse mortgage is a mortgage against the equity in a home owned by an individual aged 62 or older. There are no credit or income requirements for a borrower to qualify for a reverse mortgage. The amount of the loan is based on the equity in the home, the borrower's age, and the mortgage interest rate. There are also various fees associated with a reverse mortgage that may reduce the total loan amount available to the borrower. The loan amount can be withdrawn in a lump sum, in periodic payments, or as needed, similar to a line of credit. The senior does not have to repay the loan as long as the senior resides in the home and is alive. The reverse mortgage payments can be used for whatever purpose needed by the senior, including caregivers, basic necessities, and personal discretionary spending. Before obtaining a reverse mortgage, applicants must complete a required counseling class to safeguard applicants from fraud and ensure they understand the transaction. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an annuity? An annuity is an insurance product that provides for periodic payments to an individual over a period of time based on the amount of money invested in the annuity and the interest earned on that investment. An immediate annuity begins making periodic payments immediately upon creation of the annuity. A deferred annuity begins payment at a later date following a period in which money is invested. Annuities can be either fixed rate annuities, meaning payment of a set guaranteed interest rate or variable rate annuities, meaning payment of interest based on performance of the investment option selected. The benefit of an annuity is that it can provide a steady, reliable source of income in retirement. However, when purchasing an annuity, you must be aware that there may be severe early withdraw penalties making the funds unavailable in a financial crisis. Annuities should be used as one part of a balanced financial portfolio that provides for your financial needs in retirement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is abuse of an elder? Abuse is any willful act or threaten act by a caregiver, relative, or household member that causes or is likely to cause significant impairment to the elder's physical, mental, or emotional health. Abuse can include the failure to act. Abuse includes the striking of the elder, refusing to take the elder to the bathroom with holding food, shelter, clothing, or other essential services, screaming at the elder, calling the elder names or otherwise berating them in any way. Abuse also includes isolating the elder, threatening to physically harm them, threatening to send them to an institution, or threatening to embarrass them. If you suspect abuse of an elder, you should immediately contact Adult Protective Services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Your report may save the elder's life. Listen to archives of Elder Law Issues at WFSU.org-slash-elderlaw. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is neglect of an elder? Neglect of an elder is the failure or omission by a caregiver to provide care, supervision, or services necessary to maintain the elder's physical or mental health. This includes the failure to provide food, shelter, clothing, medical care, or supervision considered essential to the well-being and safety of the elder. Neglect can also occur when the elder fails to obtain care, supervision, or services necessary to provide for her physical or mental health. A caregiver neglects an elder when a caregiver fails to make reasonable efforts to protect an elder from abuse, neglect, or exploitation by others. That can be a single incident or course of conduct which could reasonably be expected to result in the physical or mental harm or a substantial risk of death. If you suspect neglect of an elder, you should immediately contact adult protective services at 1-800-96 abuse. If you believe an elder is in danger, contact local law enforcement. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The elder provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is exploitation? Exploitation is when a person who stands in a position of trust or confidence with an elder knowingly obtains or uses the elder's property with the intent to deprive the elder of the use or benefit of that property. This can be done by intimidation, deception, or taking advantage of an elder's diminished capacity. Exploitors can be anyone including family members, financial planners, caregivers, friends, or members of a church or community organization. Common signs of exploitation include sudden changes in spending habits, sudden and complete dependence of the elder on an exploiter, isolation of the elder by the exploiter, and access by the exploiter to the elder's finances. If you suspect exploitation of an elder, you should immediately contact Adult Protective Services at 1-800-96-Abuse. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when someone dies in test state? To die in test state means to die without a last-will in testament to dispose of your property. When you die without a will, your property is disposed of in accordance with the laws of in-testate succession. A common misconception is that in-testate succession means the state receives your property. Instead, in-testate succession means your property is distributed to your relatives in accordance with Lord of Law. This includes distributions to your spouse or children or both. If you have no spouse or children, other relatives, such as grandchildren, parents, or siblings, will inherit your property. If and only if there are no surviving relatives, including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for 10 years following payment to the state. To be sure your property is distributed at death to those you want to have it, discuss your estate plan with your attorney. To be sure your property is distributed at death to those you want to have it, discuss

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the pre-existing condition insurance plan or PCIP? The pre-existing condition insurance plan or PCIP is a health insurance program through the Affordable Care Act. It provides health insurance coverage to individuals who have pre-existing conditions and have no other available coverage. To be eligible for PCIP, you must be a citizen or legal resident of the United States. You must have been without health insurance coverage for more than six months and have a pre-existing condition or been denied health insurance coverage due to a pre-existing condition. PCIP is available in every state and provides comprehensive health coverage for participants. PCIP is not a needs-based government benefit program. It is a health insurance program. Like all health insurance, the insured will pay a monthly premium and other copays pursuant to the chosen insurance plan. PCIP has not been affected by the lawsuit floored a file against the Affordable Care Act. For more information on PCIP coverage and premiums in Florida or to apply, go to www.pcip.gov. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is long-term care insurance? Long-term care insurance is insurance that covers the cost of care necessary to perform your activities of daily living or the supervision you might need for your safety when you have a cognitive impairment such as a stroke or Alzheimer's disease. Long-term care insurance can cover the costs of care at home in an assisted living facility or in a nursing home. The costs of long-term care insurance coverage depend on a variety of factors including the insurance age, daily rate of coverage, the type of care covered, inflation riders, and waiting periods. Long-term care insurance plans that meet certain requirements are eligible for favorable tax benefits to the insured and are eligible for participation in the long-term care partnership program, which allows individuals to offset assets equivalent to certain long-term care coverage for Medicaid eligibility purposes. When purchasing long-term care insurance, you should purchase insurance through a reputable salesperson and from a top-rated company. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an income-only trust or a qualified income trust? An income-only trust or qualified income trust is a trust created for the sole purpose of allowing individuals who need long-term care Medicaid benefits to qualify for those benefits when their income exceeds the monthly income cap. The monthly income cap for 2011 is $2,022 per month while the cost of a nursing home is approximately $6,000 a month. The income in a qualified income trust does not count toward the monthly income cap. The income in the qualified income trust is then used to pay the applicant's share of cost to the nursing home, which is the applicant's gross income minus a small personal needs allowance. A qualified income trust does not protect a Medicaid applicant's income from the required patient responsibility. Even with a qualified income trust, a Medicaid applicant's assets must still be less than the asset cap and the applicant must be medically eligible before receiving Medicaid long-term care benefits. Submit a question for elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a special needs trust? A special needs trust is a trust design to allow a disabled beneficiary to benefit from property without losing essential and life-sustaining public benefits. Special needs trust can be established with the assets that belong to the disabled beneficiary such as proceeds from a personal injury settlement or can be created with the assets of friends and family such as an inheritance. Special needs trusts are subject to legal restrictions on how the trust assets can be used to benefit the disabled beneficiary. There are also restrictions regarding who can serve as trustee. Certain special needs trusts are also required to repay the state for Medicaid benefits after the death of the disabled beneficiary if there are assets left in the trust after the beneficiary's death. A special needs trust when properly created and administered can be a valuable and essential tool for the protection, long-term support, and quality of life of the disabled beneficiary.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Testimentary Trust? A Testimentary Trust is a trust created in one's last will and testament. Testimentary Trust do not take effect until the individual who created the will dies. Testimentary Trust allow one to nominate a trustee to administer assets after death in accordance with the trust requirements set forth in the will. A Testimentary Trust can be used to leave assets for the benefit of a minor child. It can also be used to leave assets and trust with restrictions to protect a disabled beneficiary from the loss of necessary public benefits or to protect the assets from a beneficiary who is unable to manage money. A Testimentary Trust requires a probate proceeding to effectuate the terms of the trust and approve the chosen trustee because the trust is contained in a will. Testimentary Trust can be used as part of an estate plan to provide benefits and protections for beneficiaries after an individual's death without the burdens of trust administration during the life of the individual. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living trust? A living trust is a written trust agreement between a settler and a trustee whereby the trustee administers the assets during and after the life of the settler, also known as the Grantor. These are called living trust because they take effect during the settler's lifetime instead of at death. During the settler's life, usually the settler is the only beneficiary, and often the settler is the initial trustee. One of the benefits of a living trust is that it allows a settler to name a successor trustee who can take over in the event the settler loses the ability to manage his or her finances. The successor trustee can manage the assets and trust without instituting a formal incapacity proceeding against the settler, and may facilitate the distribution of the settler's estate after death without a probate proceeding. There are administrative duties associated with maintaining a living trust, and the trustee owes the beneficiaries a fiduciary duty. Before creating a living trust, you should have a thorough discussion of its burdens and benefits with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a trust? A trust is a legal arrangement by which an individual places his or her property with another individual or entity to be managed for the benefit of a beneficiary. The person who creates the trust replaces the property and the trust is referred to as the set-lor or grantor. The person or entity managing or distributing the property in accordance with the terms of the trust is referred to as the trustee. The persons or entities that receive the property are referred to as beneficiaries. In a trust arrangement, the duties of the trustee are set out in the legal document or court order that creates the trust. The trustee owes a duty of loyalty and trust to the beneficiaries. This duty is also referred to as a fiduciary duty. There are many types of trust which are designed to serve the needs of grantors and beneficiaries in many circumstances. Some of the most common trusts used in Elder Law are living trusts, special needs trusts, income-only trusts, and test-ameneray trusts. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living will? A living will is your declaration of the kind of treatment you do or do not want when you are facing end-of-life decisions and are incapable of making them. A living will should be in writing and witnessed in accordance with Florida Law. A living will gives directions to your healthcare decision-makers and healthcare providers regarding whether life-pologuing procedures should be provided withdrawn or withheld. A living will can also give specific direction regarding your comfort and palliative care. Florida Law even allows you to designate someone in your living will to ensure enforcement of its provisions. A living will only goes into effect if you are incapable of making end-of-life decisions and have an end-stage condition, a terminal condition, or in a persistent vegetative state. When creating your living will, be sure to talk to your family, healthcare providers, and healthcare decision-makers about the decisions you want made on your behalf so that everyone understands and can carry out your wishes. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a healthcare proxy? A healthcare proxy is the individual that is designated by Florida Law to make medical decisions for a patient when that patient is unable to do so and has not designated a healthcare surrogate. The individual who will make medical decisions for the patient is predetermined by a hierarchy set out in Florida statutes and includes in the following order, an individual spouse, adult children or majority of adult children available at the time decision must be made, a parent, a sibling, or other relative or friend. A healthcare proxy makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A proxy may also make end-of-life decisions if the patient is unable to do so. If you want a particular person to make healthcare decisions for you and you cannot, that person may not be the individual that the law designates as your proxy, so be sure to designate them your healthcare surrogate in writing to avoid the uncertainty of the selection of a healthcare proxy. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is what is a healthcare surrogate designation? A healthcare surrogate designation is a written document signed by an individual or principal when he or she is competent, designating another to make medical decisions when the principal is unable to do so. The individual appointed to make medical decisions for another makes those decisions based on substitute a judgment rule. This means the individual must make the decisions based on what the principal would have decided for him or herself. A healthcare surrogate makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A healthcare surrogate may also make end-of-life decisions if the principal is unable to do so. If you have not designated a healthcare surrogate, consider appointing one. If you do not, Florida Law provides a decision-maker that can and will make decisions for you if you are unable to do so, which we'll be discussed in next week's minute.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a durable power of attorney? A durable power of attorney is a legal document signed by an individual when he or she is competent, giving an agent authority to act on the individual's behalf with regard to financial decisions. A durable power of attorney specifically states that the authority granted by the document can be exercised by the agent even if the individual is incapacitated. An agent acting under a durable power of attorney has a duty of loyalty to the individual for whom the agent is acting, meaning the agent must act in the best interest of the individual, using any exceptional skills he or she may have to benefit the individual. The authority granted to the agent is expressly stated in the durable power of attorney document and an agent cannot exercise any authority not provided in that document. A durable power of attorney is an important planning document when faced with debilitating illness requiring others to act on your behalf. In 2011, the Florida legislature made many changes to the law's governing durable powers of attorney, so make sure you talk to your attorney before creating or executing any durable power of attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicaid? Medicaid is a government health insurance program that provides medical and long-term care coverage to low income individuals and families who meet asset and income limits. The cost of the Medicaid program is shared by the federal and state governments. Medicaid for low income individuals who are disabled or age 65 or older is referred to as SSI-related Medicaid. Florida residents who receive supplemental security income or SSI are automatically eligible for Medicaid. Individuals with limited resources who need assistance with long-term care services in a nursing home or in the community may also be eligible for Medicaid that helps cover the cost of that care. Medicaid programs that cover the cost of long-term care in the community have limited funding and long-waiting lists. In 2011, Governor Scott signed a new law making changes to Florida's Medicaid program. These changes require Medicaid beneficiaries to enroll in managed care organizations and pay premiums. To make such changes to the Medicaid program, Florida must submit a waiver request to the federal government and receive federal approval. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicare? Medicare is a government health insurance program for individuals aged 65 or disabled individuals under age 65. US citizens in permanent residence are eligible for Medicare. If they have worked in Medicare-covered employment for at least 10 years or are the spouse of someone who has, there are two basic parts to Medicare, part A and part B. Part A pays for hospital and inpatient care as well as rehab in a skilled nursing facility. For most, there are no monthly premium payments for part A. Part B is commonly referred to as medical insurance covering visits to the doctor and other medical services. Part B recipients pay a monthly premium for coverage. In addition to monthly premiums, recipients also pay deductibles and co-payments for services. For those with limited income and resources, the state may help pay Medicare premiums and co-payments. Metagap insurance can also be purchased to cover these co-payments. Medicare recipients should also consider choosing a Medicare Prescription Drug Plan to help cover additional prescription drug costs. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Elder Law? Elder Law is the holistic area of law addressing the special legal needs of elders and those with disabilities and chronic debilitating illnesses. Elder Law encompasses many things including a state planning, incapacity planning, guardianship, Medicare, Medicaid, veterans benefits, long-term care planning, prevention of exploitation, abuse and neglect, as well as end-of-life planning. Elder Law attorneys specialize in this area of law and are recognized by the Florida Bar as experts in this area due to meeting special education and training requirements. Elder Law attorneys work with clients as well as co-counsel with other attorneys to assist clients with those issues addressed by Elder Law. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues is, what can I do to help my sister who is caring for our mother? Helping a family caregiver is essential to ensuring the health of the caregiver and the stability and continuity of a loved one's care. If you want to help a family member who is a caregiver, call and ask what health they need. Family caregivers usually have a routine through which they provide care to a loved one. This routine ensures the stable, consistent delivery of care. The most common help a family caregiver needs is respite care. Caregivers spend an average of 22 hours per week providing care in addition to their jobs and other family obligations. Family care is temporary relief of the family caregiver from caregiving duties, so a caregiver has time to attend to personal issues and have leisure time. Planned regular respite care is essential to preventing caregiver burnout. Family caregivers should have at least one full day a week free of caregiving duties. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian advocate for a person with a developmental disability? A guardian advocate is a court-appointed alternative decision-maker for a person with a developmental disability. Per floor to law, a developmental disability is defined as a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prater-Willie syndrome, that manifests before age 18, and that constitutes a substantial handicap that can be reasonably expected to continue indefinitely. A person with a developmental disability or someone interested in that person's welfare can ask a court to appoint a guardian advocate to assist with decision-making. To be appointed as a guardian advocate, an individual must meet certain requirements and file a sworn application with the court. Once appointed, a guardian advocate owes a duty of loyalty to the person with a developmental disability for whom they are appointed to help, and must regularly provide reports on the person's finances and care to the court. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the sketchley law firm online at sketchleylaw.com. Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues is to recognize October as National Guardian Ship Month. National Guardian Ship Month celebrates the work and support of the individuals and entities who serve as court appointed decision makers for individuals who are unable to make decisions for themselves, also known as guardians. Guardians can be family members, friends, professionals, banks, and not-for-profits who serve as guardian for those with no friends or family. Guardians play a significant role in protecting a community's most vulnerable members. Guardians pay bills, collect income and assets, make medical decisions, find housing, apply for public benefits, maintain or sustain basic necessities, and even rescue individuals from abuse neglect and exploitation. To recognize guardianship throughout October, local guardians and guardianship groups will be holding fundraisers for not-for-profits that serve as public guardians and public presentations to teach the community about the importance of guardianship. For more information about National Guardian Ship Month, visit the websites for the Florida Statewide Public Guardianship Office and Florida State Guardianship Association. Submit a question for elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm at www.su. Information provided is the opinion of the attorney and not of www.su.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley the sketchley law firm. Today's elder law issue question is what is considered exempt property in a probate proceeding? Exempt property is a share of a deceased person's estate to which his or her family would be entitled under Florida probate law. The property is limited to four types of property. The most common exempt property is household furnishings, appliances and furniture located in the deceased's residence valued at $20,000 at the date of death. The next most common exempt property is vehicles belonging to the deceased at the time of death used by the deceased or his immediate family for personal use. Prepaid qualified college tuition plans that meet certain requirements are also considered exempt property. Finally, death benefits paid to teachers and school administrators due to certain violent acts during school hours are also exempt property under Florida probate law. Family members entitled to exempt property must make a claim for it within a certain time in a probate proceeding and receive the property free of most creditors claims. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Unprovided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what is the family allowance and appropriate proceeding? When an individual dies with a surviving spouse or children he or she was supporting or was obligated to support at the time of death, the spouse and children may be entitled to money from the estate to maintain this support during the time of probate administration. In Florida this support is referred to as a family allowance. In a states that have the income or assets to provide this allowance it cannot exceed $18,000. This allowance can be paid in periodic payments or in a lump sum. It can be paid directly to those entitled to it or to their custodians or caregivers. It can be paid only after payment of certain priority creditors such as taxes and funeral expenses but before creditors such as credit cards. Individuals entitled to the family allowance must make a claim for it in the probate proceeding within a certain time after the estate is opened. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special financial considerations made to a deceased person's family in a probated state? Pro-Bate Laws create special financial preferences designed to protect family members from certain predators and provide limited support throughout the probate process when an individual dies. These preferences differ from state to state and are usually limited to certain individuals such as a spouse or minor children. In Florida, these preferences include protecting the deceased's home, protecting certain personal property including automobiles, and providing limited support during the probate process. Florida mandates that a deceased's home stead passed to a spouse or minor children and passed free of most creditor's claims so a family always has a home. In addition, spouses may be entitled to a special distribution known as the elective share. Families may also be entitled to a small family allowance during the probate process and to the exemption of certain personal properties such as home furnishings and the deceased's vehicles. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, we are in our 60s and considering getting married. How can marriage impact us? First, marriage can impact your pension or so security benefits. If you receive a pension or will receive a pension in the future from a deceased spouse, remarriage may terminate those benefits. Next, discuss how you will pay future long-term care costs, consider purchasing long-term care insurance. If you are unable to purchase long-term care insurance, talk to an attorney about potential responsibility for each other's costs of care and how to minimize it. Finally, consider the impact of marriage on your estate plan. In Florida, a spouse is entitled to certain benefits due to marriage unless waived by a marital agreement, including an interest in your home even if you owned it before you were married. If you want to maintain your current estate plan, speak with an attorney about a prenuptial agreement to waive any spousal rights that would interfere with your estate plan.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, should we purchase prepaid funeral arrangements for our mother who has Alzheimer's? When a loved one dies without funeral arrangements, it is stressful and confusing for a family to make these arrangements immediately after death. In the midst of your grief, you may fall victim to unnecessary up-sale techniques that increase the cost of a funeral. Purchasing funeral arrangements prior to your mother's death while difficult will allow your family to plan an appropriate memorial for your mother with an a budget your family can afford. Pre-made arrangements can also make the care of your mother's remains at her death easier because the funeral home to whom her body will be released will already be determined. The funeral home personnel will collect your mother's body as soon as they are notified of her death. Finally, in the event your mother needs nursing home care subsidized by Medicaid, prepaid funeral arrangements that meet certain requirements are not counted as assets in determining eligibility. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what step should I take after a loved one dies? When a loved one dies, families often receive conflicting information about what to do first and who might be responsible for the deceased loved one's bills and distributing property. First, a family must make funeral arrangements in compliance with the loved one's wishes. These wishes may be in a loved one's will or in prepaid arrangements made by the loved one prior to death. Once funeral arrangements are made, work with the funeral home to order death certificates and notify the Social Security Administration. Following the funeral, collect all the deceased loved one's important documents such as the will, trust agreement, bank account records, and life insurance policies and make an appointment with an attorney to discuss whether a probate proceeding is necessary to distribute property, who is responsible for securing the deceased's property, how to notify creditors of the death, and who, if anyone, is responsible for payment of the loved one's debts. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the sketchley law firm and www.wfsu.com. And provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what factor should I consider when choosing a home health agency for my father? First consider the kind of care your father needs. If he needs help with grooming, eating or reminders to take medications, non-medical or companion care may be all he needs. If he needs medications administered or therapy, he will need a medical assistance such as nursing. Some agencies provide non-medical or companion care services while others provide medical and companion care services. Next be sure the agency is licensed. You can look up an agency's license and any fines against the agency on FloridaHealthFinder.gov. So determine how the services will be paid for. If the services are paid for by Medicare, Medicaid or insurance, you must choose an agency that takes that form of payment. Finally, talk to the agency intake personnel to be sure they are able to provide the services your father needs in the environment in which he lives. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. One provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Senior Center? A Senior Center is part of the Aging Network established by the Older Americans Act. A Senior Center is the focal point within a community to provide services to elders. Florida has approximately 260 senior centers. The service is provided following to five categories, health, including mental health, social, nutritional, educational, and recreational. Senior Centers receive financial support through the Older Americans Act, as well as local organizations, grants, private donations, and local government. Most senior centers serve meals as a focal service. However, many senior centers also provide health and wellness programs, art classes, art generational programming, educational programs, volunteer opportunities, benefit application assistance, employment assistance, transportation, information and referral services, legal counseling, and travel programs. For more information about your local senior center and the services it can provide, call the Florida Elder Helpline at 1-800-96-ELDER. Listen to our kinds of Elder Law Issues at wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Older Americans Act? The Older Americans Act was originally passed in 1965 in response to concerns about the lack of services for older Americans. It established the administration on aging and a network of delivery services to the elderly. Today, it helps provide service programs through a national network of area agencies on aging, service providers, and tribal organizations. It funds critical services that are designed to keep older adults healthy and independent. These services include meals, job training, senior centers, caregiver support, transportation, health promotion, and benefits enrollment. The Older Americans Act also includes community service employment for low-income older Americans, training research and demonstration activities in the field of aging, and activities designed to protect vulnerable adults. For more information about the services available throughout the Florida Panhandle, contact the area agency on aging for North Florida at 1-800-963-5337. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what precautions should I take if I am traveling with someone with dementia? Many families will vacation over the summer taking with them loved ones who have dementia, before making travel arrangements for an individual with dementia, determine their true level of needs and abilities. Travel can be overwhelming and traumatizing to someone in the later stages of dementia. If travel is possible, make sure that all travel is arranged to be done during the times of day when your loved one is at their best. Be prepared for some behavioral issues related to the change in environment or increased stimulation, which can include wandering, confusion, and agitation. Keep a comfort bag for your loved one with you at all times. Include in the bag a list of their medications and dosage, copies of the legal documents allowing you to make medical and other legal decisions, and their health insurance information. Alert airport personnel and hotel staff to your loved ones' difficulties. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the things a caregiver can do to protect the elderly from heat-related illnesses during summer heat? Because persons over 65 are more susceptible to heat-related illnesses including heat stroke and heat exhaustion, friends and family should pay close attention to them. Check on them regularly during the summer and make sure they have access to an air-conditioned environment and a fan. Make sure they have access to and are drinking cool liquid regularly. Bring them prepared meals so they do not need to use the stove or oven to cook which can heat up a home. Be sure they are wearing lightweight, loose-fitting clothing. If they live alone, check on them daily during extreme heat. Read about the medications they take to see if side effects worsen due to heat. If it appears they have fallen ill during extreme heat, seek immediate medical attention to treat their heat exhaustion or heat stroke.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what things should seniors do to protect themselves from heat-related illnesses during summer heat? People age 65 or older are prone to heat-related illnesses due to medical conditions and the side effects of prescription medications. To prevent heat-related illnesses, seniors should drink cool, liquid regularly, unless directed otherwise by their physician. During the heat of the day, our times of extreme heat stay in an air-conditioned environment and refrain from engaging in strenuous activities. If your home is not air-conditioned, contact your local senior center for transportation to that facility. In extreme heat, your local government may establish heat shelters as well, where light-weight, loose-fitting clothing and check in regularly with a family member or friend. Read the side effects of all medications to determine if heat increases their dangers. Symptoms of heat-related illnesses include dizziness, weakness, rapid pulse with shallow breathing, nausea, vomiting, and faintness. If you begin to have these symptoms, seek immediate medical attention. Submit a question for Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Unprovided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special preparations for seniors and hurricane season? Hurricane season runs from June 1st through November 30th. It is important for everyone to be prepared for hurricane season with their hurricane supplies. However, seniors and individuals with disabilities need to make extra preparations. For those with special medical needs, they should register for the special needs shelter in their area to ensure priority evacuation if evacuation becomes necessary. If you take medications, work with your pharmacist and doctor to get an extra months medication in the event of an evacuation or loss of utilities or road access. Finally, prepare an immediate evacuation kit with two sets of clean clothing, extra medications. Your health insurance or Medicare cards, copies of your durable power of attorney and health care advance directives, an extra set of eye glasses, contact information for your emergency contact, the name and contact information for your doctor, and a list of medications and dosages. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother has been told she needs 24 hour a day care. What are our options for getting that care? There are three basic options for providing around the clock care for your mother. The most common is care provided by your family. Your mother can move in with you or another family member. Adult day care or companion care services can provide care when you are unable to do so. If your mother remains in her home, you and your family, or paid caregivers, or a combination of family and paid services, can work in shifts to provide care 24 hours a day. In the event, your mother cannot afford in home care, or it cannot be provided by a family member. She can receive 24 hour care in an assisted living facility or nursing home. These facilities will supervise her and provide services based on her level of care, the facility type and the cost. Listen to our kinds of Elder Law Issues at WFSU.org slash elder law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law issue question is, when should I change my will? Your will is the legal document that directs the disposition of your property upon your death. As long as you are competent, you can change your will. Certain life changes often require a change to your will. Common circumstances that require a change include the birth of a child, your own marriage or divorce, the death of your spouse or a child, the death of the person you have nominated as your executor, or a change in the law that impacts the transfer of your property. You should consider changes to your will when you move to a new state or your children reach the age of adulthood, marry, or have children of their own. You may also want to consider changes when you acquire more property or retire. Periodically, you should review your will to be sure that it expresses your wishes and properly distributes your property. Listen to our kinds of Elder Law issues at www.wfsu.org. Slash Elder Law. Elder Law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilis sketchley of the sketchley law firm. Today's Elder Law issues question is I received a letter from the lottery stating I won a substantial prize but need to pay taxes or a processing fee before I can collect. Is this a scam? Yes, this is one of many lottery-style scams designed to steal a victim's money and identity. Any time you are told you won money but need to make an advance payment or provide sensitive information such as credit card or bank account numbers or a Social Security number to collect. This is a scam. When a victim pays the requested money the predator takes the money as well as the bank account or credit card numbers or Social Security numbers and uses them. These scams are often referred to as phishing scams. Fishing is any attempt by a predator to obtain sensitive personal information for malicious purposes such as identity theft. If you are contacted by one of these scams report it to law enforcement or to Florida Lottery's Division of Security. Submit a question for elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Information provided is the opinion of the attorney and not of wfsu.

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Elder Law issues is made possible in part by the sketchly law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchly law firm online at sketchlylaw.com. Hello, I'm attorney Twilis sketchly of the sketchly law firm. Today's Elder Law issues question is I received a call from Microsoft stating it identified my computer is running slow and they needed to access it to fix it. Is this a scam? Yes, Microsoft does not make unsolicited calls. This is a scam to steal personal information on your computer as well as your credit card information. Predators contact victims by phone stating they notice the victim's computer is suffering from some problem. The predator will offer to fix the problem for a small fee charged to the victim's credit card. The predator directs the victim to a website where the predator gains access to the victim's computer via the internet. Once the predator accesses the victim's computer the predator steals the victim's personal information on the computer and installs virus software. With the victim's personal information and credit card the predator can steal the victim's identity and money. If you are called hang up if you think you've been a victim contact law enforcement immediately. Submit a question for elder law issues at WFSU.org slash elder law. Elder law issues is a service of the sketchly law firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I received a call from someone claiming to be the IRS asking me to send the money for taxes. Is this a scam? Yes, this is an aggressive scam designed to steal money and personal information from victims. In this scam, the predator calls a victim posing as an IRS agent and tells her she owes back taxes. The predator demands the victim pay those taxes immediately with either a wire transfer or a prepaid bank card. The predator may threaten to have the victim arrested, revoke the victim's driver's license, or even seize the victim's property or home. In every instance, it is a scam. The IRS will never call you to demand immediate payment to be made through wire transfers or prepaid bank cards. The IRS will mail you a bill and give you an opportunity to challenge any assessment of taxes or penalties. If you receive one of these calls, contact your accountant or the IRS at 800-829-1040. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, when do I need a will? If you die without a will, the law in your state requires distribution of your assets to your family based on a predetermined statutory formula without regard to the emotional relationships between them or their specific needs. Without a will, the law also determines who can serve as the executor of your state, even if you would not designate the individual chosen by law. If you want your assets distributed in a way that differs from the statutory formula or designate a specific person as an executor, you will need to have a will. In your will, you can designate an executor of your choice and distribute your assets in the way you wish. A will can allow you to create trust to protect vulnerable family members, leave specific gifts to friends, and leave money to charities. To determine if you need a will, contact your attorney to discuss your planning options. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I am raising my grandchildren. How should I include them in my estate plan? If you are raising your grandchildren, you must plan on how your grandchildren will be cared for if you are no longer able to do so. Depending on the legal arrangements allowing you to raise your grandchildren, you can designate a guardian for them. If you're going to financially support them, explore options to set aside funds for their education, and determine if you will provide them with an inheritance at your death. If you do decide if it should be distributed directly to them or left in a trust to be distributed over a period of time, for a particular reason, or when they reach a certain age. If your grandchildren are receiving public benefits, you may create a special needs trust to hold the inheritance. Because of the unique relationship with your grandchildren, seek advice from a lawyer in developing your estate plan. Listen to our kinds of Elder Law Issues at WFSU.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Strategic Marketing Today made possible in part by Practice 42, specializing in developing solutions for business, combined with customized marketing strategies to navigate today's evolving digital marketplace. Practice 42, more online at practice42.com slash NPR. Hi I'm Audrey Earhart, founder of Practice 42. Our strategic marketing today question is, I had someone who was sending me business and all of a sudden that relationship no longer seems to be there. What should I do? If you have a business relationship where you were receiving business and all of a sudden it appears to have dried up over the course of the last quarter, you want to stop and take a look at your interactions with that person. Three things you should specifically be on the lookout for are customer service. How were your interactions after marketing landed the client? Good, bad, silent? You need to know what your customer thought. Second, how was the product or service received? Did you knock the socks off your customer? Do you know? Third, what if you didn't keep in touch and show value? Have you asked everyone involved what they thought? Sometimes we forget to take the pulse of our interactions with our clients and we really don't know how things are going. A simple call to ask how it is going can be a great step in the right direction and a quick solution to finding out where business is gone. Listen to archives or submit a question or strategic marketing today at www.org slash strategic marketing today. Strategic marketing today is a service of practice 42 and www. Information provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I care for my grandchildren and my income is limited. Is there financial assistance available to me? Depending on the legal arrangement allowing you to care for your grandchildren, the status of their parents and the income of your grandchildren, a variety of benefits may be available to assist you. First, parents are always obligated to support their children even if you are the caregiver. So, you may be entitled to child support from one or both parents. If the parents are disabled or deceased, your grandchildren may qualify for Social Security survivor or family benefits depending on their parents' work history. If your grandchildren are disabled, they may qualify for supplemental security income. Finally, benefits like food stamps, Medicaid, TANF, and low-income energy assistance may be available based on your household income and size. For more information about public benefits for you or your grandchildren, contact the Social Security Administration or Florida's Department of Children and Families. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my daughter is ill and now I care for my grandchildren do I need any legal documents to prove I'm their caregiver. Depending on the nature of your daughter's illness, a formal legal arrangement may be necessary to allow you to care for your grandchildren. The children's father may also need to be a part of the decision about your legal relationship with your grandchildren because he has a legal obligation to support and parent his children. An informal arrangement to care for your grandchildren may be as simple as your daughter's written consent allowing you to enroll them in school or get medical care for them. A formal legal arrangement may include a court granting you custody or designating you as a guardian for your grandchildren. If you are to be a permanent caregiver for your grandchildren, adoption may also be appropriate. Before you agree to take responsibility for your grandchildren, speak to an attorney about any necessary legal arrangements. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what will it cost to have my long-term care provided in my home? The cost of long-term care services differ with in Florida from region to region. This also depends on the services you need and the duration of those services. According to the 2013 Genworth Financial Annual Cost of Care Survey, long-term care services in our area are lower than Florida's average. Homemaking services average $3,300 a month. Home health aids that assist with activities of daily living and supervision are $3,500 a month. Adult daycare services average $1,000 a month. During the cost of maintaining your household, you should anticipate spending between $7,000 and $10,000 a month if you need 24-hour a day long-term care services and are receiving those services in your home. While some public benefits may supplement this cost, no program will pay it entirely.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila sketchley of the sketchley law firm. Today's elder law issue question is what services will I need if I want long-term care in my home? Long-term care is not medical care. Instead, it is the supports and services one must have to meet their personal care needs and maintain safety. Long-term care services include help completing activities of daily living or ADLs such as bathing, dressing, transferring from chair to bed, eating and using the bathroom. Services also include help with everyday tasks like shopping, housekeeping, making meals, laundry, transportation, medication management, and assistance with using the telephone. As mental function declines, long-term care services can also include supervision to ensure the individual does not engage in activities that endanger their health, well-being, or safety. Individuals needing long-term care may also need help with financial decisions, money management, healthcare decision, and supervision of the service providers in their home. Long-term care services can be provided by family members or professionals. Listen to our kinds of elder law issues at www.wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and www.wfsu.com. It is the opinion of the sponsor and not of www.wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what can I do to age in place? Most people prefer to remain in their homes as long as possible receiving long-term care in their home. This is referred to as aging in place. There are a number of factors you must consider to achieve this goal. Your home should be a single story, single-level home with accessible rooms and bathrooms. If not, you may have to modify it for accessibility. Next you should consider the kind of in-home services available in your community and the cost of those services. Once you know the services and costs, you must then determine if your financial resources can pay for those services in your home and for how long. Finally, you must develop a legal plan to ensure that you have someone to act on your behalf when you're unable to do so. This plan should include a durable power of attorney and health care advanced directives. Listen to our kinds of Elder Law Issues at www.wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is Medicare fraud? Medicare fraud occurs when Medicare is billed for services and supplies that a consumer did not receive. The goal of Medicare fraud is to obtain payment from Medicare using illegitimate means. Common schemes of Medicare fraud include billing a patient's Medicare number for a service that was not received, billing for medical equipment that was not received, overcharging for a service or product, and ordering tests or medications the patient does not need. Florida has a significant problem with Medicare fraud due to the numbers of Medicare beneficiaries that reside here. Medicare beneficiaries can spot Medicare fraud by carefully reviewing their explanation of benefits for inappropriate charges. If you suspect Medicare fraud, you can report it by calling 1-800-META-CARE with the name of the provider and the specifics about the fraudulent charges. Medicare offers rewards of up to $1,000 for confirmed reports of Medicare fraud. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is Medicare fraud? Medicare fraud occurs when Medicare is billed for services and supplies that a consumer did not receive. The goal of Medicare fraud is to obtain payment from Medicare using illegitimate means. Common schemes of Medicare fraud include billing a patient's Medicare number for a service that was not received, billing for medical equipment that was not received, overcharging for a service or product, and ordering tests or medications the patient does not need. Florida has a significant problem with Medicare fraud due to the numbers of Medicare beneficiaries that reside here. Medicare beneficiaries can spot Medicare fraud by carefully reviewing their explanation of benefits for inappropriate charges. If you suspect Medicare fraud, you can report it by calling 1-800-META-CARE with the name of the provider and the specifics about the fraudulent charges. Medicare offers rewards of up to $1,000 for confirmed reports of Medicare fraud. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Social Security fraud? Social Security fraud is the misuse waste or taking of Social Security funds. There are three common forms of Social Security fraud that involve the recipients of Social Security benefits. First, making fault statements in support of a claim for Social Security benefits is fraud. Second, failing to disclose or concealing certain facts that would affect eligibility for Social Security benefits is fraud. The third form of fraud is when the representative payee receives Social Security benefits intended to benefit a recipient and misuses those benefits such as refusing to use them for the beneficiarious food and shelter. If you suspect Social Security fraud, you can report it online via mail, by fax or by phone. For more information about Social Security fraud and how to report a suspected fraud, visit the webpage for the Office of Inspector General for the Social Security Administration at oig.ssa.gov.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the qualifying individual program? The qualifying individual program, also known as the QI program, is one of four Medicare savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. Unlike other Medicare savings programs, QI benefits are limited. Assistance is granted on a first-come-first serve basis with priority given to previous QI benefit recipients. Individuals with growths income, less than $1313 a month, and countable assets less than $7,080 qualify for QI benefits. Individuals must apply for QI benefits every year. QI benefits pay only your monthly Medicare Part B premiums. To apply for the QI program, contact Florida Medicaid at 866-766-2237 or online at myflorta.com forward slash access Florida. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the specified low-income Medicare Beneficiary Program? The specified low-income Medicare Beneficiary Program, also known as the Selimbi Program, is one of four Medicare Savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $1,169 a month and countable assets less than $7,080 qualify for Selimbi benefits. There are separate limits applicable to married couples. Selimbi benefits pay only your monthly Medicare Part B premiums. To apply for the Selimbi Program, contact Florida Medicaid at 866-766-2237 or online at myflorda.com forward slash access Florida.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Qualified Medicare Beneficiary Program? The Qualified Medicare Beneficiary Program, also known as the QMB Program, is one of four Medicare Savings Programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $978 a month and countable assets less than $7,080, qualify for QMB Benefits. There are separate limits applicable to married couples. QMB Benefits include payment of your Medicare Part A premiums, Medicare Part B premiums, and all your Medicare deductibles, co-payments, and co-insurance. To apply for the QMB Program, contact Florida Medicaid at 866-766-2237 or online at my florida.com forward slash access Florida.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is, my mother needs to be placed in a nursing home. How do we pick a good one? Choosing a nursing home is a difficult decision. First, look at the facilities nearest you and your family so your loved one can have frequent visitors. Next, review the facilities inspection ratings on floortohealthfinder.gov. Then, call the facilities and find out if they are admitting new patients and whether they accept Medicare and Medicaid. Finally, tour each facility. During your tour, note how the facility smells, whether it looks clean, and whether the staff is visibly working in the corridors and rooms. Watch staff interactions with patients and how the patients interact with one another. In addition, watch the patients. Notice whether they are placed in front of a television in a central room or engaged in activities. Finally, ask for written pricing information and whether the facility will keep your loved one as a long-term care resident if initially admitted for rehabilitation. Listen to our kinds of elder law issues at WFSU.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is how do I know if an attorney is competent in elder law? Finding an attorney for any legal problem is difficult. Because of the complexity of elder law it is imperative that you determine whether an attorney is qualified to handle an elder law matter. Two questions can help you determine if you have a qualified elder law attorney. One, how much of their practice is dedicated to elder law and how long have they been practicing in the field? Elder law is complex and changes often. This requires an attorney to remain current in the area. The attorney should dedicate a significant portion of their practice to elder law and have been practicing for several years. Two, is the attorney Florida Bar Board Certified in Elder Law. Florida Bar has made that determination of expertise based on peer review, testing, and continuing education. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm, providing elder law services, including all aspects of planning for aging, long-term care, and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what are the signs of abuse in a nursing home or assisted living facility? Elder abuse can occur anywhere, including a nursing home or assisted living facility. There are three types of abuse common in facilities, physical and emotional abuse, and neglect. Signs of physical abuse include unexplained bruises, welts, broken bones, scratches, or swelling at the ankles and wrists. Signs of emotional abuse include sudden changes in an elder's mental state, isolation of the elder from visitors, or belittling or humiliation by a caregiver. Signs of neglect include unexplained weight loss, dehydration, unclean surrounding bedsores on heels or buttocks, untreated bedsores on any part of the body, or filthy facility conditions. To prevent abuse in a facility, be sure you visit your loved one often and at unexpected times. If you detect abuse, immediately report it to the facility administrator. You can also report facility-based abuse to 1-800-96 abuse, or to the agency for healthcare administration. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is a good gift for someone with dementia? Finding the perfect gift for someone with dementia can be difficult. When choosing a gift, you may need to consider the stage of dementia your loved one is experiencing. A great gift for anyone at any age of dementia is a date calendar clock with large numbers, comfy clothing that is easy to wear, or a family photo album with photos labeled for easy reference. For individuals at the beginning stages, notepads, colorful sticky notes and a calendar make good gifts. These items help your loved one keep appointments and reminders around the house. For individuals who reside in a facility, good gifts include a decorated visitors journal where your loved ones' visitors can leave messages to memorialize their visits or a family photo collage to hang on the wall of their room. For individuals in later stages of dementia, brightly colored lap quilts monographed with your loved one's name also make great gifts. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, my elderly mother needs help what options does my family have to get her help? Your family's options depend on the kind of assistance your mother needs and her resources. Help with Erin's housework and custodial care can be provided by family members while your mother continues to live in hers or a family member's home. If no family member is available to help and if your mother has the resources she may be able to hire professionals to provide her needed assistance. If she is unable to get services in her home she may be able to move to an assisted living facility that can provide services for a fee based on her needs. If she needs more intensive care she may need to move to a nursing home where she will receive both medical and custodial care. If your mother's resources are limited she may have to apply for public benefits to pay for her care which may limit her options. Listen to our kinds of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues question is, can someone help me when I'm appealing a denial of Medicare coverage? Yes, Medicare recipients can have someone assist them with the appeals related to Medicare coverage denials. A Medicare recipient can appoint a representative to help with the appeals process. She can appoint a family member, a friend, a physician, her attorney, or other chosen person to assist. To appoint a representative, the Medicare recipient must either complete the appointment of representative form, which can be found on the Medicare website or submit a written request with the appeal. The written request must include specific information about the representative, including contact information, a statement of appointment. A description of the representative's professional status, such as a doctor, and an explanation of why the Medicare recipient is being represented. The request must also contain a statement authorizing release of medical information to the representative. The request must be signed by the Medicare recipient and her representative. For more information, contact 1-800-META-CARE. Elder law issues is a service of the sketchley law firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a beneficiary and family-centered care quality improvement organization under Medicare? A beneficiary and family-centered care quality improvement organization, also known as a BFCC QIO, is an organization that reviews complaints and quality of care for Medicare recipients. The BFCC QIO is the first appeal for Medicare recipients in hospital and non-hospital settings who believe their Medicare coverage is ending too soon. For example, if a Medicare patient is notified by a hospital or skilled nursing facility that she is being discharged, but she believes discharge is inappropriate, she can request the state's BFCC QIO review the discharge as soon as she receives the notice. The BFCC QIO will review the discharge and make a decision within 72 hours of the patient's request. If the BFCC QIO agrees with the patient, she is not discharged. If the BFCC QIO disagrees with the patient, Medicare coverage ends and the patient is financially responsible for services or can take the next level of appeals. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a spell of illness under Medicare? A spell of illness under Medicare is also referred to as a benefit period. A spell of illness begins on the day a Medicare patient is admitted to a hospital or skilled nursing facility and continues until 60 consecutive days after which the patient has received no skilled care. For example, if a Medicare patient falls and breaks a hip and is admitted to the hospital for a week, then to a rehabilitation center for two months and then home, but returns to the hospital 90 days after returning home, the return to the hospital marks the beginning of a new spell of illness. While there is no limit to the number of spells of illness in a Medicare recipients lifetime, each spell of illness has its own copayments. Medicare patients or their caregivers must understand the beginning and end of a spell of illness to calculate the healthcare costs not covered by Medicare.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley, the Sketchley Law Firm. Today's Elder Law Issues question is, what does it mean when a Medicare recipient is in a hospital, but on observation status? Under Medicare, observation means specific clinically appropriate services, including ongoing short-term treatment, assessment, and reassessment, before a decision can be made about whether a patient requires further treatment as a hospital inpatient, or if the patient can be discharged. The hospital is paid for the services as outpatient services, being classified as a patient on observation status versus being admitted to the hospital has significant consequences to a Medicare patient. While the hospital is paid for its services when a patient is on observation status, the patient may be ineligible for certain Medicare benefits, or responsible for additional costs because the hospital stay is not covered by Medicare Part A. Observation status will also make the patient ineligible for Medicare-scaled nursing rehabilitation coverage following hospitalization. When a patient is staying in a hospital, she should ask whether she has been admitted or merely under observation. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I believe that my aging parents need help but I don't know how to talk to them about it. There are many ways to approach your aging parents with concerns about their need for help. First, listen to your parents. Your parents may give you an opening to discuss their need for help. If your parents don't create an opening, approach them, be direct but respectful about your concerns. Ask if they are aware of the problems you see and if so, how you might be able to help them. If your parents refuse to discuss your concerns, don't argue, wait for another opportunity. Don't assume your parent is refusing because she doesn't recognize the problem. If several family members have concerns, organize a family meeting to discuss the issues with your parents. Ask family members to come to the meeting with not only their concerns but also their proposed solution and how they can help your parent. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I believe that my aging parents need help but I don't know how to talk to them about it. There are many ways to approach your aging parents with concerns about their need for help. First, listen to your parents. Your parents may give you an opening to discuss their need for help. If your parents don't create an opening, approach them, be direct but respectful about your concerns. Ask if they are aware of the problems you see and if so, how you might be able to help them. If your parents refuse to discuss your concerns, don't argue, wait for another opportunity. Don't assume your parent is refusing because she doesn't recognize the problem. If several family members have concerns, organize a family meeting to discuss the issues with your parents. Ask family members to come to the meeting with not only their concerns but also their proposed solution and how they can help your parent. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues question is, my sister is my mother's caregiver and I want to help. Is there any way I can help without offending her? Approximately 65 million Americans are caregivers. The caregiving duties often fall to one family member. Other family members may wish to help but wait for the caregiver to ask. Don't wait for your sister to ask for help and don't just give her suggestions on how she could be a better caregiver. Offer to help her with the tasks that reduce her burden or she may be unable to do given her caregiving duties. Offer to make and bring a complete meal to your mother at least once a week include disposable plates and utensils to reduce cleanup. To help with yard or basic housework also offer to assume the caregiving burden during a period of time each week so your sister can have time to take care of herself and her personal obligations. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my father once his ashes scattered in a national park, can we do that? Many people request their cremated remains be scattered in a place that held meaning to the loved one and their family. However, scattering cremated remains in a public place raises many public health issues. The scattering of ashes on land is governed by a patchwork of federal, state, and local regulations designed to protect the public and the sanctity of human remains. If your loved one once his or her remains scattered in a body of water, there are additional considerations, including preventing others who use the water from ingesting the remains. Many national and state parks and lands do allow cremated remains to be scattered. However, this requires a special permit and may only be done at the place and time specified in the permit. If your loved one once his ashes to be scattered in a body of water, additional permission may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilis sketchley of the sketchley law firm. Today's elder law issues question is, my mother appointed me as her power of attorney. What should I do? When you have been appointed to act on behalf of another under a power of attorney, you must first determine whether you are willing to accept the duties required by the power of attorney. As an agent for your mother, also known as the principal, you will conduct financial transactions on her behalf. You owe her a fiduciary duty, which means you must conduct all transactions prudently and in her best interest. You will also be required to keep an accounting of the transactions you conduct and disclose it when requested or ordered to do so. If you do not believe you have the time or ability to fulfill these duties, you may want to decline the appointment. If you accept your appointment, you should seek the advice of an attorney who can more fully advise you on your responsibilities, duties, and consequences of failing to fulfill them. Listen to our kinds of elder law issues at wfsu.org, slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a non-lawyer advise me about my estate and long-term care planning? Non-lawyers can only provide very limited assistance with your estate and long-term care planning. estate planning requires legal advice in the creation of legal documents. Only lawyers can provide legal advice, which occurs when the lawyer applies the law to your particular circumstances and directs councils or recommends a course of action based on this analysis. Only lawyers can create legal documents such as wills, trusts and powers of attorney. Non-lawyers can only provide you with pre-printed forms, but are even prohibited from recommending the type of form you need or telling you the information needed to complete it. Many non-lawyers advertise they provide the same services as an attorney despite these strict limitations on their actions. When a non-lawyer gives you legal advice or creates legal documents for you, this is called the Unlicensed Practice of Law. It is illegal and harms consumers. Submit a question for Elder Law Issues at WFSU.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I'm turning 65, what do I need to do? Most people know that when you turn age 65 you become eligible for Medicare and must enroll in parts A, B and D. 65 is a milestone birthday and in addition to enrolling in Medicare you should do the following. Shop four and purchase long-term care insurance if you are eligible. Decide when to claim your Social Security retirement benefits if you have not already claimed them early. Review an update your estate plan including your will, power of attorney and living will. Discuss your end of life wishes and long-term care plans with your family. Review your financial status and retirement plan to determine whether your savings is on track to pay for your long-term care and retirement. Finally, determine whether you would like to age in the home in which you currently live or would like to downsize to a smaller, more accessible home. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what should I do if I think my elderly parent is no longer a safe driver? Not every older person is an unsafe driver. However, if you truly believe your elderly parent is an unsafe driver, address it immediately. Understand the loss of the ability to drive often leaves individuals isolated and dependent on others. Few people accept this loss without resistance. Try talking to the elder about how you and your family can help them from being isolated so they can quit driving. If that fails, organize a family meeting in which several family members express their concerns or observations about the danger of the elder continuing to drive. If that fails, you can report the elder to the Florida Department of Highway Safety, which can result in the revocation of their driver's license. In emergencies, take away the keys or disable the car. For more information, visit Florida's Grand Driver page on the Department of Highway Safety website. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the statewide Medicaid Managed Care Long-Term Care Program? Florida was given a waiver that allows the state to require all Medicaid recipients to enroll in a Managed Care Organization to receive Medicaid benefits. The first group of recipients required to enroll in Managed Care are those needing Medicaid Long-Term Care benefits such as Nursing Home Care. This is referred to as Florida's statewide Medicaid Managed Care Long-Term Care Program. Individuals who need nursing facility care and are residing in a nursing home or receiving Medicaid Long-Term Care Services through certain home and community-based programs will be notified that they must enroll in a Managed Care Organization in their region. Most of the WFSU listening area is in Region 2. Medicaid Long-Term Care recipients in Region 2 can choose to enroll in one of two Managed Care Organizations. Florida's Agency for Healthcare Administration will send Medicaid recipients letters notifying them of the enrollment requirement and procedures. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is managed care? Managed care is a health or long-term care delivery system in which managed care organizations are responsible for providing health or long-term care to the individuals enrolled in their organizations. A managed care organization creates a network of care providers who provide a set of services to the individuals enrolled in the organization. Individuals enrolled in the managed care organization receive their health or long-term care through only these providers. The managed care organization pays the providers based on a contract the organization has with each provider. A managed care organization can set criteria that enrollees must meet to receive certain services, including prior authorization requirements or limits on the number of visits to a specialist within the network. Services provided by companies outside the managed care organizations network are usually not paid for by the managed care organization and are the responsibility of the individual. Florida is currently transitioning its Medicaid program to a managed care system. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I wrote out my last will and testament by hand, is it valid. A handwritten will is referred to as a holographic will. It is handwritten and signed by the individual making it. Holic wills are often written in emergency situations such as when the individual is facing death and not usually signed in the presence of witnesses. In some states, a holographic will that meets certain criteria is a valid last will and testament. However, in Florida, a holographic will created in Florida is not a valid last will and testament unless it is signed and witnessed in accordance with Florida law. A holographic will created in another state might be considered valid in Florida depending on the law in the state in which it was written. However, getting it recognized in Florida would require extensive evidence and could be a costly legal undertaking. To be sure your will is valid, consult an attorney about the requirements for a valid last will and testament. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can families prevent conflict associated with caregiving? One source of conflict in families who are providing care for a loved one is a lack of or perceived lack of communication. To avoid conflicts associated with a lack of communication, families should create a practical communication plan that provides information and updates on the status of the loved one. Email is a free effective communication tool with internet access available in public libraries and in many restaurants and other public places. Family members provide the primary and respite caregivers with their email addresses. Caregivers will set aside time each week to write a family email sent to everyone's email address. The email should include updated medical and medication information, updated financial information, any signs of the loved one's declining condition, a short list of activities in the week, and any developing concerns related to the loved one. Caregivers should also use this message to ask for input from non-caregiving family members. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Then provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm Attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how often should you review your estate plan? Many believe that once an estate plan is created, it can be placed in a safety deposit box and forgotten. However, the estate plan you created several years ago may no longer fit your circumstances. May have been unexpectedly changed by new laws in your state or not comply with the laws of the state in which you currently live. To ensure your estate plan continues to fit your needs, you should review it with an attorney every time you have a major life-changing event. Life-changing events include the birth of a child or grandchild, moves between states or a move of more than 250 miles within a state, the death of a spouse, the death of a loved one, marriage divorce, a child reaching the age of majority, marriages or divorces involving your adult children, the diagnosis of a catastrophic or chronic illness or milestone birthdays such as your 50th, 60th or 70th. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener. Do I need a trust for my property? Not everyone needs a trust. Many people have been told they need a trust. Some of the most common reasons people are told to have a trust are to protect their estates from the costs of probate, to protect their estates from taxes and attorneys fees, or to prevent family fights. However, trust are not for everyone. Trusts are legal entities established for a variety of reasons based on your specific circumstances. Your property will be placed in the trust and administered by a trustee which can be you or someone else. While trusts may be used to avoid probate, they are not necessarily cheaper than the costs of probate in Florida after the initial costs of creating and funding the trust, and they don't prevent family fights. Before creating a trust, talk to an attorney about your circumstances and the reasons you may need a trust. This is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic estate planning documents that an individual needs? A basic estate plan should include the following documents. A healthcare surrogate designation, which is a written document designating a person or a person's to make healthcare decisions for you when you're unable to do so. A living will, which is a written document identifying the medical care you do or don't want at the end of your life, when you are unable to make healthcare decisions for yourself. A durable power of attorney, which is a written document designating someone to make financial and property decisions, and conduct financial transactions for you when you need assistance. And a last will and testament, which is a written document that states how you want your property distributed at your death. This basic estate planning documents must be signed and witnessed in accordance with Thorntel Law in order to be valid, depending on an individual circumstances additional documents such as a trust may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what are filial responsibility laws? Filial responsibility laws require adult children to support their parents when parents are no longer financially able to do so. 49 states have filial responsibility laws. The child's liability under filial responsibility laws differs from state to state. In some states, a nursing home or assisted living facility can sue a resident's adult children for unpaid bills while in other states the parent can sue a child for support. Florida has no filial responsibility laws, no legal duty requiring children to support their parents. In Florida, a child is not liable for their parents' care and support unless there is an enforceable agreement by the child or some wrongdoing that may create liability. However, adult children living in Florida, whose parents live in another state, may be liable for that parent's support based on the law of the state in which the parent lives. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Certified Aging and Place Specialist? A Certified Aging and Place Specialist is a designation given to building professionals who have completed the Certified Aging and Place program. The program was developed by the National Association of Home Builders in collaboration with the AARP. It teaches builders the skills necessary to design, build, and remodel homes to meet the needs of people aged 50 and older. It emphasizes universal design to accommodate family members of all ages and abilities, allowing individuals to age in their homes. The program also provides builders with the business management and customer service skills to work with older adults and tailor their businesses to the needs of an aging population. Students who are building or modifying homes to accommodate the aging process or a disability should look for a builder that has been designated as a Certified Aging and Place Specialist. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Americans with Disabilities Act? The Americans with Disabilities Act or the ADA is a federal law providing civil rights protections for individuals with disabilities. The ADA guarantees equal opportunities in telecommunications, government services, employment, transportation, and public accommodations such as hotels and restaurants. The ADA protects three categories of people, those with a mental or physical impairment that substantially limits one major life activity, those who have a record of physical or mental impairment, and those who are perceived as impaired regardless of their actual impairment. The definition of disability under the ADA does not include specific impairments or physical characteristics indicating impairment. To comply with the ADA, businesses and government must remove barriers to accessing goods and services, provide auxiliary aids and services, modify policies to eliminate discrimination, and eliminate unnecessary eligibility criteria that segregate those with disabilities. The ADA National Network can provide guidance and training on ADA compliance. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. It is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what can employers do to prevent caregiver or family responsibility discrimination? First, employers must be aware all employees, male and female, young and old, can be caregivers. Employers subject to the Family Medical Leave Act should make all supervisors and managers aware of its provisions and provide employees with the appropriate notice of its provisions. Employers should be aware of common biases about caregivers, most of whom are women, and trained supervisors to spot and defuse them. These include beliefs, caregivers are unreliable, women should be home caring for family members, or men should focus on work and leave caregiving to their wives. While there are no federal laws specifically preventing caregiver discrimination, there are laws that create liability for actions resulting in caregiver discrimination. These include state and federal laws preventing discrimination against gender, age and disability. Employers must treat all complaints of potential caregiver discrimination seriously, and ensure that employees are not subject to retaliation for reporting them. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver or family responsibility discrimination? Caregiver or family responsibility discrimination is employment discrimination against employees based on the employees' family responsibilities, including caring for elderly parents or spouses. Women are most often the victims of caregiver discrimination because women are more often the caregivers for elderly spouses or relatives. Examples of caregiver discrimination include harassment, demotion, termination, and disparate treatment for manufactured infractions. There are no specific federal laws that outlaw caregiver discrimination. Even though no specific laws prohibit caregiver discrimination, there are laws used to fight it. Because women are most likely to suffer caregiver discrimination, gender discrimination equal pay laws are often used to combat it. Caregiver discrimination may also violate the American with Disabilities Act. If you believe you've been the victim of caregiver discrimination, contact the Florida Commission on Human Relations or the Equal Employment Opportunity Commission. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can I use the Family Medical Leave Act leave to care for my elderly parent? If you work for an employer covered by the Family Medical Leave Act and your parent suffers from a serious health condition certified by his or her health care provider, you can use the Family Medical Leave Act to take up to 12 weeks of unpaid leave in a year to provide care for your elderly parent. Your elderly parent's condition must either require an overnight stay in the hospital or other medical facility, incapacitate your parent for at least three days, or be a chronic condition causing your parent to suffer occasional periods of incapacity requiring treatment by a health care provider at least twice a year. To access Family Medical Leave benefits, you must provide your employer with the appropriate notice. For more information about the Family Medical Leave Act, ask your employer or visit the U.S. Department of Labor website. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Family Medical Leav Act? Family Medical Leav Act provides eligible employees of public agencies, school districts, and private employers with 50 employees or more, 12 weeks of unpaid leave each year, continuation of any group health benefits during leave, and the right to return to their same or equivalent job at the end of leave to care for a spouse, child, or parent with a serious health condition. Eligible employees are those that have worked 1,250 hours during the 12 months prior to the start of leave. Leave can be taken intermittently. Employers may require an employee to provide a certification of the Family Members' serious health condition before granting leave and can ask for recertification every 30 days. Employees must give a 30-day advance notice for leave unless the need for leave is unforeseeable and notices impractical. While an employee need not mention Family Medical Leav specifically, they must reference the qualifying condition and the need for leave. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the reasons a resident can be discharged or transferred from a nursing home? Federal and state law limit the reasons a nursing home resident can be discharged from the facility or transferred to another. Federal law allows a resident to be discharged for the following reasons. Discharge is necessary for the resident's well-being and the nursing home cannot continue to provide services. The resident's health has improved so nursing home care is no longer necessary. The resident is no longer safe in the nursing home. A doctor or the nursing home's director determines the person is a danger to other residents. The resident's fails to pay for services or the facility closes. A resident cannot be discharged or transferred simply because the source of payment changes such as a resident becoming eligible for Medicaid. If a resident believes discharge is inappropriate, she can challenge the discharge by requesting a hearing in writing within 10 days of receiving the notice of discharge. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother is in a nursing home and was told she had to leave by the end of the week, but we don't believe she is well enough to go home, does she have to leave? Under both federal and state law, a nursing home generally has to provide 30 days notice prior to discharge. There are some exceptions such as a medical emergency or a safety concern regarding your mother. The nursing home must provide a resident, her family, or legal representative with written notice of discharge. This notice must include the reason for discharge and directions on how to challenge the discharge if the resident disagrees. The notice must also be provided to the long-term care ombudsman prior to discharge. Nursing homes can only discharge a resident for certain reasons and discharge must be to an appropriate alternative placement that meets your mother's needs. If your mother disagrees with the discharge, she can request an administrative hearing to challenge the discharge. Listen to archives of Elder Law Issues at WFSU.org- Slash Elder Law Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a business refuse to allow me in with my service animal? In Florida, it is a second degree misdemeanor to discriminate against or refuse services to someone using a service animal. The ADA allows a business owner to ask only two questions about a service animal. Is it a service animal? And what is it trained to do? Business owners cannot ask about the nature of an individual's disability or ask the handler to demonstrate the animal is actually trained to do a task. A business owner can refuse to allow a service animal in the business if it is not house trained or if it is not under the control of its handler. Discrimination against or fail you to provide services to a person with a service animal is punishable by up to 60 days in jail, a $500 fine and 30 hours of community service with an organization that provides services to individuals with disabilities. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, is it illegal to represent a pet as a service animal? In Florida, it is a second degree misdemeanor to represent an animal as a service animal when it is not actually a service animal. In Florida, a service animal is a trained dog or miniature horse taught to assist an individual with a disability and which usually wears special identification. Misrepresentation of a service animal is punishable by up to 60 days in jail, a $500 fine, and 30 hours of community service with an organization that provides services to individuals with disabilities. While the ADA limits the questions that can be asked about a service animal, a fake service animal can often be identified by its behavior. Fake service animals are usually not as well-behaved as service animals. Fake service animals may jump bark or stray from their owner. They may attempt to interact with people other than the owner or not respond to its handler's commands. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchy law firm in WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic costs of a service dog and how are they paid for? Service dogs are specially trained animals that provide assistance to persons with disabilities. There is no federal or state funding for an individual to purchase or fund a service animal. Generally, service animals are bred and trained by non-profit organizations with a mission to provide service animals to individuals in need. The cost of raising and training a service animal is between 20,000 and 50,000 dollars. During the training process, private donors through the non-profit organization support the animal and costs of training. Once an animal is placed with a person with a disability, that person is responsible for the veterinary and cost, food, and supplies. Veterans who need a service dog can contact the Veterans Administration for information about VA assistance in finding a service dog through a non-profit organization, as well as subsidies for veterinary and care for a veteran service dog. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how does an individual with a disability get a service dog? Non-governmental or nonprofit organizations often donate a trained service or guide dog to individuals who qualify? To qualify for a service dog an individual must be disabled, submit an application, and complete an extensive review process, which includes the individual's ability to financially care for the dog. It costs between $20,000 and $50,000 to raise and train a service dog. If an individual is chosen to receive a service dog, that individual will then be required to attend training with the service dog. As of the cost and length of training for service dogs, most organizations have a 2-10-year waiting list. Occasionally, individuals ask to have their personal dogs evaluated for service dog training. While it can happen, it is rare that a personal pet can become a service animal. For more information about service animals, contact a service animal trainer in your area. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guide dog for the visually impaired? A guide dog for an individual with visual or site impairment is a service dog trained to lead, blind or visually impaired individuals around obstacles and to assist with navigation and daily tasks. Although guide dogs can be trained to navigate various obstacles, dogs are partially colorblind and obviously are incapable of reading street signs. Therefore, the guide dog is part of a team with its owner who directs the dog based on his or her skills acquired through mobility training. The guide dog and human team also go through extensive training as a team to ensure the owner can utilize the dog and the dog will follow the owner's direction. Guide dogs are commonly referred to as seeing eye dogs. However, this is a specific dog trained by a specific training company. Guide dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a service dog? A service dog is any guide dog or dog trained to perform tasks for persons with disabilities. This includes guiding the blind, alerting the hearing impaired, protecting persons with seizure disorders, reminding those with mental illness to take medications, calming a person with post-traumatic stress disorder, opening or closing doors, drawers or refrigerators, picking up items or assisting individuals with autism. Any breed can be trained as a service dog, but the most common breeds are labs or German shepherds. Dogs who solely provide comfort or emotional support are not service animals under the ADA. Service animals must be allowed to accompany owners wherever members of the public are allowed and are usually harnessed, leashed or tethered unless the devices interfere with the service animals' work or the individual's disability. Service dogs are work animals not pets and should never be petted, touched or fed unless authorized by the owner. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is Senior's Vs. Crime? Senior's Vs. Crime is a special project of the Florida Attorney General. The program uses senior volunteers to assist other seniors who believe they have been the victim of a crime or scam. Volunteers, known as Senior Sluse, do several things through the program. They work with law enforcement to provide information about scams and frauds within the community. They educate the community about frauds and scams affecting Florida seniors and how seniors can protect themselves. Volunteers investigate complaints the Attorney General's Office receives from throughout the state, and volunteers may also work in undercover operations to obtain evidence through companies or individuals acting illegally. This must be at least 50 years old and can complete an online application at seniorversuscrime.com. If you believe you've been the victim of a scam, you can request help from Senior Versus Crime by contacting your local Senior Versus Crime Office or completing an online request for assistance. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can I protect myself from identity theft? Identity theft occurs when your personal information is used by another without your consent or knowledge. The key to preventing identity theft is to protect your personal and financial information. Do not provide personal or financial information in response to unsolicited requests. Review all your bank and credit card statements immediately and challenge any unauthorized transactions. Be sure to shred expired bank cards and all documents that contain personal or financial information. Finally, request your credit report once a year from annualcreditreport.com. Review the report for any accounts or transactions you do not recognize. If you find problems in your report, contact the credit reporting agency to challenge them. Any time you suspect your information has been stolen, place a fraud alert on your credit report with each credit reporting agency. Finally, when you find you have been a victim of identity theft, call law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Marchment Act? A Marchment Act usually refers to an involuntary proceeding under Florida Statutes Chapter 397, in which a court determines a person is impaired due to substance abuse, has lost self-control with respect to the use of the substance, has or is likely to cause serious harm to him or herself, or another, and due to the impairment is unable to make a rational decision regarding substance abuse treatment. A Marchment Act can be initiated by a court after a specific interested person has filed a verified petition, or certain licensed service providers. After the court enters a Marchment Act order, law enforcement takes the individual subject to a Marchment Act, to a receiving facility where he or she will be evaluated and an assessment is sent to the court. A person can be held up to five days for evaluation under a Marchment Act order. After the court receives the written assessment, a subsequent petition can be filed requesting that the individual be involuntarily placed in substance abuse treatment. Listen to archives of Elder Law Issues at WFSU.org- Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Baker Act? A Baker Act usually refers to an involuntary proceeding under Florida Statutes Chapter 394, in which a court determines a person is mentally ill and due to mental illness is unable to conclude that treatment is necessary or has refused voluntary treatment, is unable to provide for his or her own care and without treatment is likely to cause serious harm to him or herself or another. A Baker Act can be initiated by a court after an interested person has filed a verified petition, a law enforcement officer when a person appears to meet the Baker Act criteria, or certain mental health care professionals. When a Baker Act is initiated by a court order, law enforcement takes the individual subject to a Baker Act to a receiving facility, where he or she will be evaluated and mental health professionals decide what further action is necessary. A person can be held up to 72 hours under a Baker Act order. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Health Insurance Exchange under the Affordable Care Act? A Health Insurance Exchange is a key component of the Affordable Care Act, also known as the ACA. Health Insurance Exchange will be available for each state and our marketplaces where consumers can shop for health insurance plans, comparing planned benefits and prices in a side-by-side comparison. Under the ACA, the federal government will establish an exchange and provide grants to states to create their own. For states that do not establish exchanges, the federal government exchange will be the default exchange for consumers in those states. To be part of the exchange, plans must meet certain requirements. No plan can deny coverage for pre-existing conditions. All plans must include affordable basic coverage packages mandated by the ACA. Price variation of Health Insurance Plan will be based on a small number of factors, and all plans must be offered in four comparable tiers. Health Insurance exchanges are to be operable beginning January 2014. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an Aging Resource Center or an ARC? An Aging Resource Center or an ARC is one of 11 entities that work as a coordinated system throughout Florida to provide consumers with information on and access to long-term care resources including local, state, and federal programs related to long-term care. Each of Florida's 11 agencies on aging is designated as an ARC. The goal of the ARC system is to provide elders and their caregivers with uniform one-stop assistance throughout the state. ARCs are designed to reduce duplication of administrative work, minimize service fragmentation, and provide consumer-friendly access to services. The main functions of the ARC are to triage clients who require assistance, provide information and referrals for services, and determine functional and financial eligibility for programs. The ARC, serving individuals in the WFSU Listening Area, is the area agency on aging of North Florida. For more information or to contact your local ARC, call 1-800-96-L or 1-800-96-3-5337. Under-law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how do I find information about the ratings of a nursing home in Florida? Nursing homes are regulated by both federal and state governments, so information is available from both the state and federal government. Medicare.gov contains a listing of nursing homes throughout the U.S. with a five-star rating system. The search feature allows consumers to locate a nursing home by zip code, name, or town, and get inspection, quality, and rating information for each nursing home chosen. It also allows consumers to do a side-by-side comparison of nursing homes. Florida also provides information to consumers through FloridaHealthFinder.gov. Florida consumers can search for nursing homes and assisted living facilities in Florida by name, location, or type, and retrieve detailed inspection reports, licensing information, contact information for facility administration, and even administrative cases against the facility. This information allows consumers to determine the quality of a facility, as well as whether adverse incidents are a pattern within the facility and detailed correction plans. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Incident provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, are there independent living apartments available only to individuals over a certain age? Yes, there are independent living apartment complexes that are age restricted. The age restrictions are usually over the age of 50 or 62. Special federal and state laws allow certain apartment complexes to restrict access based on age. These complexes may be available in an unsubsidized retirement community, where the residents must be over a certain age and accept certain restrictions or amenities as part of their living arrangements. These private complexes may vary in cost, amenities, location, and residential restrictions, and will require residents to complete applications and sign agreements regarding the residents obligations. Some age restricted complexes may be considered affordable housing under federal, state, local, or county regulations. Residents who move into affordable housing complexes may have to meet certain income and asset eligibility standards, but rent is usually capped at a percentage of their income. For more information about affordable housing for the elderly in Florida, visit flordahousingsearch.org. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener who asks, are there veterans administration benefits available to cover the costs of long-term care for individuals who have not served in the military? VA benefits are only available to veterans who have served in the United States Armed Forces, who have been discharged under conditions other than dishonorable, or to the veterans' dependents. A dependent for the purposes of VA benefits may include a spouse, widow or widower, child or dependent parent depending on the benefit sought and the veteran's service. Surviving spouses, children, and surviving dependent parents may be eligible for dependency and indemnity compensation. Some dependents receiving dependency and indemnity compensation may also be eligible for aid and attendance. There may be other benefits available for surviving spouses and children based on a veteran's service, injuries and disabilities. Dependents of veterans can apply for these and other benefits online at VA.gov or by calling their local veteran service officer or 1-800-827-1000 for more information. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what do I need to do if my elderly parents are moving in with me? Elderly parents often move in with adult children later in life when they need care or because of financial difficulties related to limited resources in retirement and often these moves are done in crisis. The first thing to consider is whether the adult child is financially, physically, and emotionally able to add aging parents to the household. If parents move into an adult child's household, the parents in the child must discuss financial arrangements. Will parents be paying to stay in the household or for the care provided by the child if so, what will be paid and when? Elderly arrangements must be put in writing to reduce family disputes later. In addition, the parents and the child's family must work out the day-to-day living arrangements such as shopping, transportation, privacy, and even the use of a telephone. For guidance with regard to these arrangements, contact a Florida Bar Board certified Elder Law Attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I have a disabled child, is it best to leave them nothing in my will? Many families face what to do if a disabled child inherits money when parents die. Often the disabled child receives public benefits that would be reduced or eliminated if the child receives an inheritance. But the inheritance does not replace the value of those benefits. Families often believe the only option is to leave nothing to the disabled child. But with planning, a family can ensure the disabled child continues to receive necessary public benefits while benefiting from funds that she would have inherited. A family member can create a trust to hold assets that would have been inherited by the disabled child. That trust can restrict the use of those assets only for specific items for the disabled child, protecting the public benefits. This is called a special needs trust. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard certified Elder Law Attorney. To learn more about a state planning for your disabled child, contact a Florida Barboard

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is informed consent for medical treatment? Informed consent for medical treatment is how a fully informed patient participates in healthcare decisions and makes choices regarding treatment. Patients have the right to direct their medical care and this is the heart of informed consent. To provide informed consent, a patient must understand the situation, understand the risks of treatment options, and be able to communicate a decision to the physician. To ensure a patient can provide informed consent, a physician should explain the treatment, including the risks, the reasonable alternatives to the proposed treatment, determine the patient understands, and determine the patient's decision. For many treatments, physicians provide written explanations including a list of risks and obtain the patient's consent. When a patient is unable to provide informed consent, a healthcare surrogate or healthcare proxy can provide informed consent after receiving the same information that would have been provided to the patient. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother died without a will. What happens to her property? When someone dies without having a last will and testament to dispose of their property, they are said to have died in test date. When one dies in test date like your mother, their property is distributed to their family according to the state laws of in test date succession. A common misconception is that in test date succession means the state receives the property. However, in test date succession means the deceased's property is distributed to family members based on their relationship with the deceased. In test date distribution goes to the spouse or children or both. If the deceased person has no spouse or children, other relatives such as grandchildren, parents or siblings will inherit the property. If and only if there are no surviving relatives including distant relatives, will property is jeep to the state. Property is jeeping to the state is rare and any potential heir may assert a claim to the property for several years following distribution to the state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, I was told I need a living trust for my property. Do I? Whether you need a trust depends on your specific circumstances. Many people are told they need a trust but not everyone does. People are often told they need a trust to avoid probate, protect their estates from taxes and attorneys fees, or prevent family fights. However, the extent of these benefits is often exaggerated. Trusts are legal entities established for a particular reason. Once a trust is established, all or part of your property is placed in the trust and administered by a trustee which can be you or someone else. The trustee only has access to and control over the property in the trust. Depending on the trust agreement, trustees have legal duties to manage property prudently and provide periodic accountings to beneficiaries. Before creating a trust, talk to an attorney about your circumstances and the reasons you believe you need a trust. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the sketchley law firm and www.fsu. Not to be provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is hospice care? Hospice care is a holistic team approach to medical care that emphasizes the dignity and comfort of a patient to improve the patient's quality of life throughout the dying process. Hospice providers including volunteers are specially trained. They assist patients and their families with the spiritual, emotional, and social impacts of dying, as well as the medical details, including pain management. A hospice care team usually includes doctors, nurses, social workers, clergy members, and community volunteers. The patient and the patient's family are also considered part of the team. Hospice providers provide caregiver training, counseling, and bereavement services to a patient's family as part of hospice care. Hospice neither extends nor hastens a patient's death. Hospice services can be provided in a patient's home in a long-term care facility or even a hospital. The costs of hospice services are covered by Medicare, the vast majority of health insurance plans, and Medicaid. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my father is a World War II veteran and needs long-term care. Are there any benefits that can help pay the costs? Your father may qualify for VA benefits to pay for his care. Benefits are available to veterans who've served in the United States Armed Forces, were discharged under conditions other than dishonorable and served in wartime. Because of his wartime service, your father may have preference to receive long-term care in a VA nursing home. He may also qualify for pension and aid in attendance, which can be used to pay for care in non-VA facilities. These programs pay monthly payments to individuals who meet certain income and asset limitations, and who need assistance of another person to complete their activities of daily living, or who are bedbound. Your father or his legal representative can apply for these and other benefits online at VA.gov or by calling his local veteran service officer. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is, my identity was stolen but I don't know how they got my information. Identity theft is when your personal information such as name, social security number, date of birth, credit card information or driver's license is used by another through deception for economic gain. Personal information can be taken from bank statements thrown in the trash, information on a check if a social security number, date of birth, or printed or written on it, or through phishing schemes. In phishing schemes, predators contact victims through email representing themselves as banks or companies and request the victim provide personal data or passwords in response to the inquiry. There's also used telemarketing scams such as impersonating government entities to get personal information. To protect against identity theft, be sure to protect all your personal information. Do not give information to telemarketers or through internet contact if you did not initiate the contact. Shred all sensitive documents and immediately report any suspicious activity. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, should I review my estate plan at the beginning of the year? And a state plan has to be reviewed regularly to ensure that it continues to meet your needs and can be accommodated using the resources available to you. The beginning of the year is the perfect time to review your estate plan as you meet with your accountant to discuss yearly tax issues and with your financial planner to review your finances for the coming year. While you may not have to make changes to your estate plan each year, a yearly review keeps you aware of what is in your estate plan and who will help you when you need assistance with healthcare or financial decisions. It also makes it easier to change your estate plan as your circumstances change. Typically, you modify your estate plan if you get married or divorced, experience a birth or death in your immediate family, or move to another state. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I got married. What should my spouse and I do with regard to our estate plan and retirement? Marriage changes your legal status with regard to making medical decisions, rights to each other's estates upon death, the ability to participate in employer-provided health and long-term care benefits, access to public benefits such as Social Security and Veterans benefits, and the availability of marriage preferences in the federal tax code. Once you are married, notify the Social Security Administration. If you receive employment benefits or employment-based retirement benefits, notify your employer or retirement plan administrator. If changing events, like marriage, open a window, usually 60 days, in which a spouse can be added to benefits such as health insurance. Also, review all beneficiary designations on your life insurance policies and retirement accounts. While spouses can make medical decisions for one another in the absence of an advance directive, you should consult your attorney to update your estate plans, including distribution of your estate upon death. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Community Care for the Elderly or CCE Program? The Community Care for the Elderly or CCE Program provides community-based services to homebound elders 60 years of age or older at risk for institutional placement to help them remain in the community and avoid nursing home placement. Eligible elders may receive services designed to keep them in the least restrictive most cost-effective setting possible. Services may include case management, adult day care, companion care, medical supplies, counseling, home delivered meals, home making, home health, referrals, legal assistance, personal care, respite, errands, and transportation. CCE is administered by Department of Elder Affairs, which contracts with 55 lead agencies throughout the state to provide CCE services. Eligibility is determined by an initial comprehensive assessment and annual assessments. Recipients may be required to pay co-payments based on the elder's ability to pay. Priority is given to victims of abuse and neglect or exploitation who need assistance to prevent further harm. Elder Law Issues is a service of Sketchley Law Firm and WFSU. The program provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Silver Alert? A Silver Alert is a standardized public notification system adopted by statute and Florida in 2011 to broadcast information about missing elders with irreversible deterioration of mental functions such as Alzheimer's disease or dementia. This system uses various media outlets such as radio and television, as well as the highway message system to broadcast the elders' description and a description of any vehicle they may be driving to enlist the public in searching for and assisting in locating and rescuing the missing elder. Once the missing elder has been rescued, Department of Elder Affairs works with local memory disorder clinics, area agencies on aging and local services to provide follow-up assistance for the elder. Floridians can sign up for free Silver Alerts via email through the Department of Elder Affairs website. To learn more about Florida's Silver Alert plan and how it is activated in your community, contact the Florida Department of Law Enforcement. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Memory Disorder Clinic? Memory Disorder clinics are one of four components of the Florida Alzheimer's Disease Initiative passed in 1985. Memory Disorder clinics use a team of physicians, nurses, social workers, and other memory disorder professionals to provide comprehensive assessments, diagnostic services, and treatment to individuals who exhibit symptoms of Alzheimer's disease and related memory disorders. Florida funds 13 of the 15 Memory Disorder Clinics established by the Alzheimer's Disease Initiative. In addition to assessments, diagnosis, and treatment, these clinics also develop training programs and materials for caregivers and healthcare professionals. Memory Disorder clinics provide support groups for patients and caregivers, make referrals to community services, provide caregiver counseling, and conduct research. The Tallahassee Memorial Neuroscience Center houses the Memory Disorder Clinic that serves most of the WFSU listening area. For more information about the Memory Disorder Clinics throughout Florida, or to contact the clinic nearest you, call 800-96-ELDER. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilis Sketchley of the Sketchley Law Firm. Today's Elder Law Issues is, what can I do to help my sister who is caring for our mother? Helping a family caregiver is essential to ensuring the health of the caregiver and the stability and continuity of a loved one's care. If you want to help a family member who is a caregiver, call and ask what health they need. Family caregivers usually have a routine through which they provide care to a loved one. This routine ensures the stable, consistent delivery of care. The most common help a family caregiver needs is respite care. Caregivers spend an average of 22 hours per week providing care in addition to their jobs and other family obligations. Family care is temporary relief of the family caregiver from caregiving duties, so a caregiver has time to attend to personal issues and have leisure time. Planned regular respite care is essential to preventing caregiver burnout. Family caregivers should have at least one full day a week free of caregiving duties. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues is to recognize National Family Caregiver Month. November is National Family Caregiver Month in honor of the more than 60 million Americans who are the caregivers for their elderly family members or those with disabilities. Family caregivers collectively provide approximately $500 billion per year in care services. These services are provided at great financial, personal and health sacrifices by family caregivers. Being a family caregiver costs a family member approximately $300,000 over a lifetime due to lost wages, lost annual leave, reduced retirement contributions, and lost promotions and wage increases. In addition, family caregivers spend an average of $5,000 a year on a family member's care. Family caregivers also report more marital conflict, more stress-related illnesses, and demonstrate overall worse health than individuals who are not caregivers. In honor of family caregivers, reach out to those caregivers in your life. Let them know you appreciate their sacrifices and are there to help. Submit a question for Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a family guardian? A family guardian is a person appointed by the court to act as a guardian for a close friend or family member. Family guardians are the most common guardians in Florida. To be a family guardian, an individual must have a clean criminal record, be physically and mentally capable of serving as a guardian, file an appropriate application with the court, and take a required guardianship training course after appointment. Family guardians, like public and professional guardians, have certain court reporting requirements regarding the status of their wards. Family guardians ensure that incapacitated family members are safe, well cared for, and are maintained in the most positive environment possible. While guardians, including family guardians in Florida, can be paid for their services, often family members do not ask to be paid. During October, which is National Guardian Ship Month, we celebrate the often uncompensated services family guardians provide. Without family guardians, state and local governments would be unable to cope with or fund the necessary care and protections needed by the incapacitated people in their communities. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the sketchley law firm online at sketchleylaw.com. Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues is to recognize October as National Guardian Ship Month. National Guardian Ship Month celebrates the work and support of the individuals and entities who serve as court appointed decision makers for individuals who are unable to make decisions for themselves, also known as guardians. Guardians can be family members, friends, professionals, banks, and not-for-profits who serve as guardian for those with no friends or family. Guardians play a significant role in protecting a community's most vulnerable members. Guardians pay bills, collect income and assets, make medical decisions, find housing, apply for public benefits, maintain or sustain basic necessities, and even rescue individuals from abuse neglect and exploitation. To recognize guardianship throughout October, local guardians and guardianship groups will be holding fundraisers for not-for-profits that serve as public guardians and public presentations to teach the community about the importance of guardianship. For more information about National Guardian Ship Month, visit the websites for the Florida Statewide Public Guardianship Office and Florida State Guardianship Association. Submit a question for elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm at www.su. Information provided is the opinion of the attorney and not of www.su.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Shine Program? Shine stands for Serving Health Insurance Needs of Elders. The Florida Shine Program is a statewide volunteer-based program providing counseling and education on Medicare, Health Insurance, Medicaid, Medicare Supplemental Insurance and Long-Term Care Insurance. This program is administered through the Florida Department of Elder Affairs and funded by a grant from the Center for Medicare Medicaid Services. The Shine mission is to provide free unbiased health insurance information to Florida's elders, so they can make informed decisions about their health insurance options. Shine volunteers cannot hold an active health insurance sales license and usually provide at least 16 hours of volunteer time a month. The Shine Program provides free training and materials to volunteers and periodic training to ensure volunteers have the most current information. For more information on volunteering for or obtaining counseling assistance from the Shine Program, visit www.floor-to-shine.org or call 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org-ELDERLaw. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley the sketchley law firm. Today's elder law issue question is what is considered exempt property in a probate proceeding? Exempt property is a share of a deceased person's estate to which his or her family would be entitled under Florida probate law. The property is limited to four types of property. The most common exempt property is household furnishings, appliances and furniture located in the deceased's residence valued at $20,000 at the date of death. The next most common exempt property is vehicles belonging to the deceased at the time of death used by the deceased or his immediate family for personal use. Prepaid qualified college tuition plans that meet certain requirements are also considered exempt property. Finally, death benefits paid to teachers and school administrators due to certain violent acts during school hours are also exempt property under Florida probate law. Family members entitled to exempt property must make a claim for it within a certain time in a probate proceeding and receive the property free of most creditors claims. Listen to our kinds of elder law issues at wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Unprovided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what is the family allowance and appropriate proceeding? When an individual dies with a surviving spouse or children he or she was supporting or was obligated to support at the time of death, the spouse and children may be entitled to money from the estate to maintain this support during the time of probate administration. In Florida this support is referred to as a family allowance. In a states that have the income or assets to provide this allowance it cannot exceed $18,000. This allowance can be paid in periodic payments or in a lump sum. It can be paid directly to those entitled to it or to their custodians or caregivers. It can be paid only after payment of certain priority creditors such as taxes and funeral expenses but before creditors such as credit cards. Individuals entitled to the family allowance must make a claim for it in the probate proceeding within a certain time after the estate is opened. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an elective share? An elective share is the minimum amount of property a surviving spouse is entitled to in Florida when their spouse dies. The public policy behind the elective share is to ensure that a surviving spouse cannot be disinherited or left destitute when their spouse dies. In Florida, the elective share is 30% of what is called the elective estate. The elective estate includes not only the deceased spouse's probate estate but also property that passes outside of probate. This property includes but is not limited to the deceased spouse's ownership interest in jointly held property, pay on death accounts, property in which the decedent enjoyed a revocable interest, the net surrender value of life insurance, certain remaining pension benefits, and certain property transferred within a year of the deceased spouse's death. Individuals who receive property included in the elective estate may be required to return property to the surviving spouse in satisfaction of the elective share. Questions concerning the rights to an elective share should be discussed with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special financial considerations made to a deceased person's family in a probated state? Pro-Bate Laws create special financial preferences designed to protect family members from certain predators and provide limited support throughout the probate process when an individual dies. These preferences differ from state to state and are usually limited to certain individuals such as a spouse or minor children. In Florida, these preferences include protecting the deceased's home, protecting certain personal property including automobiles, and providing limited support during the probate process. Florida mandates that a deceased's home stead passed to a spouse or minor children and passed free of most creditor's claims so a family always has a home. In addition, spouses may be entitled to a special distribution known as the elective share. Families may also be entitled to a small family allowance during the probate process and to the exemption of certain personal properties such as home furnishings and the deceased's vehicles. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, we are in our 60s and considering getting married. How can marriage impact us? First, marriage can impact your pension or so security benefits. If you receive a pension or will receive a pension in the future from a deceased spouse, remarriage may terminate those benefits. Next, discuss how you will pay future long-term care costs, consider purchasing long-term care insurance. If you are unable to purchase long-term care insurance, talk to an attorney about potential responsibility for each other's costs of care and how to minimize it. Finally, consider the impact of marriage on your estate plan. In Florida, a spouse is entitled to certain benefits due to marriage unless waived by a marital agreement, including an interest in your home even if you owned it before you were married. If you want to maintain your current estate plan, speak with an attorney about a prenuptial agreement to waive any spousal rights that would interfere with your estate plan.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, should we purchase prepaid funeral arrangements for our mother who has Alzheimer's? When a loved one dies without funeral arrangements, it is stressful and confusing for a family to make these arrangements immediately after death. In the midst of your grief, you may fall victim to unnecessary up-sale techniques that increase the cost of a funeral. Purchasing funeral arrangements prior to your mother's death while difficult will allow your family to plan an appropriate memorial for your mother with an a budget your family can afford. Pre-made arrangements can also make the care of your mother's remains at her death easier because the funeral home to whom her body will be released will already be determined. The funeral home personnel will collect your mother's body as soon as they are notified of her death. Finally, in the event your mother needs nursing home care subsidized by Medicaid, prepaid funeral arrangements that meet certain requirements are not counted as assets in determining eligibility. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what step should I take after a loved one dies? When a loved one dies, families often receive conflicting information about what to do first and who might be responsible for the deceased loved one's bills and distributing property. First, a family must make funeral arrangements in compliance with the loved one's wishes. These wishes may be in a loved one's will or in prepaid arrangements made by the loved one prior to death. Once funeral arrangements are made, work with the funeral home to order death certificates and notify the Social Security Administration. Following the funeral, collect all the deceased loved one's important documents such as the will, trust agreement, bank account records, and life insurance policies and make an appointment with an attorney to discuss whether a probate proceeding is necessary to distribute property, who is responsible for securing the deceased's property, how to notify creditors of the death, and who, if anyone, is responsible for payment of the loved one's debts. Listen to our kinds of Elder Law Issues at www.wfsu.org slash elder law. Elder Law Issues is a service of the sketchley law firm and www.wfsu.com. And provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what factor should I consider when choosing a home health agency for my father? First consider the kind of care your father needs. If he needs help with grooming, eating or reminders to take medications, non-medical or companion care may be all he needs. If he needs medications administered or therapy, he will need a medical assistance such as nursing. Some agencies provide non-medical or companion care services while others provide medical and companion care services. Next be sure the agency is licensed. You can look up an agency's license and any fines against the agency on FloridaHealthFinder.gov. So determine how the services will be paid for. If the services are paid for by Medicare, Medicaid or insurance, you must choose an agency that takes that form of payment. Finally, talk to the agency intake personnel to be sure they are able to provide the services your father needs in the environment in which he lives. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. One provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the special needs shelter? When evacuating to a shelter during a hurricane, there are two kinds of shelters, one for the general population and one for those with special medical, mental, health, or physical conditions. Most counties have special needs shelters, but you must meet certain requirements for admission. Some special needs shelters are within public shelters. Others are only for those with special needs. Basic medical assistance and monitoring are available, but these shelters usually do not have advanced medical equipment or medications and do not have staff to provide advanced medical care. Caregivers should always accompany special needs shelter clients. Clients should bring their own medications or transportable durable medical equipment. To learn more about the requirements for staying in a special needs shelter and how to register, call your county special needs registry which can be found at the Florida Department of Elder Affairs website or by calling 800-96-ELDER. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, has Florida changed its definition of exploitation? Yes, Florida has updated its criminal exploitation laws expanding the acts that constitute exploitation of an elder or vulnerable adult. In addition to knowingly depriving an elder of her property, it may also be exploitation if an elder gives her loans $10,000 or more to someone they have known for less than two years, and it is not a commercially sound transaction or charitable contribution. If a fiduciary such as a trustee, guardian, or agent breaches his fiduciary duty, it may also be considered exploitation. In addition, exploitation can include a fiduciary or caregiver failing to use an elder's income or assets for necessities, including food, shelter, clothing, or medical care. The new law increases the penalties for exploitation. If you suspect exploitation of an elder reported immediately to law enforcement or by calling adult protective services at 1-800-96 abuse. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Senior Center? A Senior Center is part of the Aging Network established by the Older Americans Act. A Senior Center is the focal point within a community to provide services to elders. Florida has approximately 260 senior centers. The service is provided following to five categories, health, including mental health, social, nutritional, educational, and recreational. Senior Centers receive financial support through the Older Americans Act, as well as local organizations, grants, private donations, and local government. Most senior centers serve meals as a focal service. However, many senior centers also provide health and wellness programs, art classes, art generational programming, educational programs, volunteer opportunities, benefit application assistance, employment assistance, transportation, information and referral services, legal counseling, and travel programs. For more information about your local senior center and the services it can provide, call the Florida Elder Helpline at 1-800-96-ELDER. Listen to our kinds of Elder Law Issues at wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. It is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Older Americans Act? The Older Americans Act was originally passed in 1965 in response to concerns about the lack of services for older Americans. It established the administration on aging and a network of delivery services to the elderly. Today, it helps provide service programs through a national network of area agencies on aging, service providers, and tribal organizations. It funds critical services that are designed to keep older adults healthy and independent. These services include meals, job training, senior centers, caregiver support, transportation, health promotion, and benefits enrollment. The Older Americans Act also includes community service employment for low-income older Americans, training research and demonstration activities in the field of aging, and activities designed to protect vulnerable adults. For more information about the services available throughout the Florida Panhandle, contact the area agency on aging for North Florida at 1-800-963-5337. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what precautions should I take if I am traveling with someone with dementia? Many families will vacation over the summer taking with them loved ones who have dementia, before making travel arrangements for an individual with dementia, determine their true level of needs and abilities. Travel can be overwhelming and traumatizing to someone in the later stages of dementia. If travel is possible, make sure that all travel is arranged to be done during the times of day when your loved one is at their best. Be prepared for some behavioral issues related to the change in environment or increased stimulation, which can include wandering, confusion, and agitation. Keep a comfort bag for your loved one with you at all times. Include in the bag a list of their medications and dosage, copies of the legal documents allowing you to make medical and other legal decisions, and their health insurance information. Alert airport personnel and hotel staff to your loved ones' difficulties. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the things a caregiver can do to protect the elderly from heat-related illnesses during summer heat? Because persons over 65 are more susceptible to heat-related illnesses including heat stroke and heat exhaustion, friends and family should pay close attention to them. Check on them regularly during the summer and make sure they have access to an air-conditioned environment and a fan. Make sure they have access to and are drinking cool liquid regularly. Bring them prepared meals so they do not need to use the stove or oven to cook which can heat up a home. Be sure they are wearing lightweight, loose-fitting clothing. If they live alone, check on them daily during extreme heat. Read about the medications they take to see if side effects worsen due to heat. If it appears they have fallen ill during extreme heat, seek immediate medical attention to treat their heat exhaustion or heat stroke.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what things should seniors do to protect themselves from heat-related illnesses during summer heat? People age 65 or older are prone to heat-related illnesses due to medical conditions and the side effects of prescription medications. To prevent heat-related illnesses, seniors should drink cool, liquid regularly, unless directed otherwise by their physician. During the heat of the day, our times of extreme heat stay in an air-conditioned environment and refrain from engaging in strenuous activities. If your home is not air-conditioned, contact your local senior center for transportation to that facility. In extreme heat, your local government may establish heat shelters as well, where light-weight, loose-fitting clothing and check in regularly with a family member or friend. Read the side effects of all medications to determine if heat increases their dangers. Symptoms of heat-related illnesses include dizziness, weakness, rapid pulse with shallow breathing, nausea, vomiting, and faintness. If you begin to have these symptoms, seek immediate medical attention. Submit a question for Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Unprovided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, are there special preparations for seniors and hurricane season? Hurricane season runs from June 1st through November 30th. It is important for everyone to be prepared for hurricane season with their hurricane supplies. However, seniors and individuals with disabilities need to make extra preparations. For those with special medical needs, they should register for the special needs shelter in their area to ensure priority evacuation if evacuation becomes necessary. If you take medications, work with your pharmacist and doctor to get an extra months medication in the event of an evacuation or loss of utilities or road access. Finally, prepare an immediate evacuation kit with two sets of clean clothing, extra medications. Your health insurance or Medicare cards, copies of your durable power of attorney and health care advance directives, an extra set of eye glasses, contact information for your emergency contact, the name and contact information for your doctor, and a list of medications and dosages. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. It is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are aid and attendance and housebound benefits for veterans? Aid and attendance and housebound benefits for veterans are benefits paid to a veteran in addition to the monthly pension benefit. To be eligible for aid and attendance or housebound benefits, the veteran must qualify for VA pension for veterans, which has certain eligibility criteria, and require the aid of another person to perform activities of daily living, be bedridden, be a patient in a nursing home, or meet a certain standard of visual impairment. A veteran cannot receive both aid and attendance and housebound benefits. To apply for aid and attendance or housebound benefits, contact the regional VA office where the Veterans Pension Benefits claim is filed, and provide evidence for the need for aid and attendance or housebound care. For more information and a list of evidence needed to support the claim, contact the VA at www.va.gov or 1-800-827-1000. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is VA Pension for Veterans? VA Pension for Veterans is a VA benefit paid to veterans discharged under conditions other than dishonorable, with at least 90 days of military service, including at least one day of wartime service, and who have limited or no income or resources. Applicants must be 65 years of age or older, a patient in a nursing home, or are permanently and totally disabled not due to the individual's own willful conduct. The maximum annual pension rate is $12,256. When determining whether a veteran's income is below the maximum annual pension rate, the veteran's unreimbursed medical expenses may be deducted from her income. To apply for pension for veterans, you must complete an application. Veterans can apply online at www.va.gov or call a veteran service officer in your area or call 1-800-827-1000 for more information. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, my mother has been told she needs 24 hour a day care. What are our options for getting that care? There are three basic options for providing around the clock care for your mother. The most common is care provided by your family. Your mother can move in with you or another family member. Adult day care or companion care services can provide care when you are unable to do so. If your mother remains in her home, you and your family, or paid caregivers, or a combination of family and paid services, can work in shifts to provide care 24 hours a day. In the event, your mother cannot afford in home care, or it cannot be provided by a family member. She can receive 24 hour care in an assisted living facility or nursing home. These facilities will supervise her and provide services based on her level of care, the facility type and the cost. Listen to our kinds of Elder Law Issues at WFSU.org slash elder law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law issue question is, when should I change my will? Your will is the legal document that directs the disposition of your property upon your death. As long as you are competent, you can change your will. Certain life changes often require a change to your will. Common circumstances that require a change include the birth of a child, your own marriage or divorce, the death of your spouse or a child, the death of the person you have nominated as your executor, or a change in the law that impacts the transfer of your property. You should consider changes to your will when you move to a new state or your children reach the age of adulthood, marry, or have children of their own. You may also want to consider changes when you acquire more property or retire. Periodically, you should review your will to be sure that it expresses your wishes and properly distributes your property. Listen to our kinds of Elder Law issues at www.wfsu.org. Slash Elder Law. Elder Law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, when do I need a will? If you die without a will, the law in your state requires distribution of your assets to your family based on a predetermined statutory formula without regard to the emotional relationships between them or their specific needs. Without a will, the law also determines who can serve as the executor of your state, even if you would not designate the individual chosen by law. If you want your assets distributed in a way that differs from the statutory formula or designate a specific person as an executor, you will need to have a will. In your will, you can designate an executor of your choice and distribute your assets in the way you wish. A will can allow you to create trust to protect vulnerable family members, leave specific gifts to friends, and leave money to charities. To determine if you need a will, contact your attorney to discuss your planning options. Listen to our kinds of Elder Law Issues at www.wfsu.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the National Family Caregiver Support Program? The National Family Caregiver Support Program is a program administered by the Florida Department of Elder Affairs that provides services to family members caring for frail elders and grandparents or elderly relatives providing care for minor children or children with disabilities. The program is funded through the Older Americans Act, with resources provided to local area agencies on aging that acquire services for the program. Services include informational resources, counseling, help accessing community services, caregiver support groups, caregiver training, respite care, some supplemental services such as help with medical supplies and limited legal services. To qualify for program services, applicants must be an adult family caregiver providing in-home community care to a person over 60 or a relative over age 55 providing care for a child under age 18 or with disabilities. For more information about the National Family Caregiver Support Program, contact your local area agency on aging. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I am raising my grandchildren. How should I include them in my estate plan? If you are raising your grandchildren, you must plan on how your grandchildren will be cared for if you are no longer able to do so. Depending on the legal arrangements allowing you to raise your grandchildren, you can designate a guardian for them. If you're going to financially support them, explore options to set aside funds for their education, and determine if you will provide them with an inheritance at your death. If you do decide if it should be distributed directly to them or left in a trust to be distributed over a period of time, for a particular reason, or when they reach a certain age. If your grandchildren are receiving public benefits, you may create a special needs trust to hold the inheritance. Because of the unique relationship with your grandchildren, seek advice from a lawyer in developing your estate plan. Listen to our kinds of Elder Law Issues at WFSU.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I care for my grandchildren and my income is limited. Is there financial assistance available to me? Depending on the legal arrangement allowing you to care for your grandchildren, the status of their parents and the income of your grandchildren, a variety of benefits may be available to assist you. First, parents are always obligated to support their children even if you are the caregiver. So, you may be entitled to child support from one or both parents. If the parents are disabled or deceased, your grandchildren may qualify for Social Security survivor or family benefits depending on their parents' work history. If your grandchildren are disabled, they may qualify for supplemental security income. Finally, benefits like food stamps, Medicaid, TANF, and low-income energy assistance may be available based on your household income and size. For more information about public benefits for you or your grandchildren, contact the Social Security Administration or Florida's Department of Children and Families. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my daughter is ill and now I care for my grandchildren do I need any legal documents to prove I'm their caregiver. Depending on the nature of your daughter's illness, a formal legal arrangement may be necessary to allow you to care for your grandchildren. The children's father may also need to be a part of the decision about your legal relationship with your grandchildren because he has a legal obligation to support and parent his children. An informal arrangement to care for your grandchildren may be as simple as your daughter's written consent allowing you to enroll them in school or get medical care for them. A formal legal arrangement may include a court granting you custody or designating you as a guardian for your grandchildren. If you are to be a permanent caregiver for your grandchildren, adoption may also be appropriate. Before you agree to take responsibility for your grandchildren, speak to an attorney about any necessary legal arrangements. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Medicare Supplemental Insurance Policy? A Medicare Supplemental Insurance Policy, also known as a Medigat Policy, is a private health insurance policy that supplements Medicare coverage by paying certain copays, deductibles, and co-insurances that Medicare does not pay. Federal law requires 10 standardized Medigat policies, each with its own specific coverages. This means that any company selling Medigat policies must sell the same standardized policies as other companies selling policies, creating competition on cost, service, and reliability. Not every company that offers Medigat policies sells all policies, but all companies must offer the basic Medigat policy called Plan A. Plans are designated by letters A through J, and each plan provides different coverages for a different premium cost, with A being the basic and least expensive, and J being the most expensive, and comprehensive. For more information about Medigat policies, contact the Florida Shine Program at 1-800-965-337. Submit a question for Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the sketchly law firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what will it cost to have my long-term care provided in my home? The cost of long-term care services differ with in Florida from region to region. This also depends on the services you need and the duration of those services. According to the 2013 Genworth Financial Annual Cost of Care Survey, long-term care services in our area are lower than Florida's average. Homemaking services average $3,300 a month. Home health aids that assist with activities of daily living and supervision are $3,500 a month. Adult daycare services average $1,000 a month. During the cost of maintaining your household, you should anticipate spending between $7,000 and $10,000 a month if you need 24-hour a day long-term care services and are receiving those services in your home. While some public benefits may supplement this cost, no program will pay it entirely.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services, including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila sketchley of the sketchley law firm. Today's elder law issue question is what services will I need if I want long-term care in my home? Long-term care is not medical care. Instead, it is the supports and services one must have to meet their personal care needs and maintain safety. Long-term care services include help completing activities of daily living or ADLs such as bathing, dressing, transferring from chair to bed, eating and using the bathroom. Services also include help with everyday tasks like shopping, housekeeping, making meals, laundry, transportation, medication management, and assistance with using the telephone. As mental function declines, long-term care services can also include supervision to ensure the individual does not engage in activities that endanger their health, well-being, or safety. Individuals needing long-term care may also need help with financial decisions, money management, healthcare decision, and supervision of the service providers in their home. Long-term care services can be provided by family members or professionals. Listen to our kinds of elder law issues at www.wfsu.org slash elder law. Elder law issues is a service of the sketchley law firm and www.wfsu.com. It is the opinion of the sponsor and not of www.wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what can I do to age in place? Most people prefer to remain in their homes as long as possible receiving long-term care in their home. This is referred to as aging in place. There are a number of factors you must consider to achieve this goal. Your home should be a single story, single-level home with accessible rooms and bathrooms. If not, you may have to modify it for accessibility. Next you should consider the kind of in-home services available in your community and the cost of those services. Once you know the services and costs, you must then determine if your financial resources can pay for those services in your home and for how long. Finally, you must develop a legal plan to ensure that you have someone to act on your behalf when you're unable to do so. This plan should include a durable power of attorney and health care advanced directives. Listen to our kinds of Elder Law Issues at www.wfsu.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Medicaid fraud? While Medicaid recipients can commit Medicaid fraud, Medicaid fraud is more commonly a healthcare provider intentionally obtaining unauthorized payments from Medicaid. Medicaid fraud can include fraud under both federal and state laws. It includes a variety of actions including billing Medicaid for services and equipment that are not actually provided, billing for services or medications that patients do not need, overcharging for services using false provider credentials to receive payment, and paying kickbacks in exchange for referrals for medical services or equipment. Consumers can detect Medicaid fraud by reviewing their summary of benefits related to their Medicaid coverage. If you suspect Medicaid fraud by a provider, you can report it to the Office of Attorney Generals Medicaid fraud unit at 1-866-966-7226. You will be asked to give the provider name, description of fraudulent acts, Medicaid number, and name of the Medicaid recipient.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is Medicare fraud? Medicare fraud occurs when Medicare is billed for services and supplies that a consumer did not receive. The goal of Medicare fraud is to obtain payment from Medicare using illegitimate means. Common schemes of Medicare fraud include billing a patient's Medicare number for a service that was not received, billing for medical equipment that was not received, overcharging for a service or product, and ordering tests or medications the patient does not need. Florida has a significant problem with Medicare fraud due to the numbers of Medicare beneficiaries that reside here. Medicare beneficiaries can spot Medicare fraud by carefully reviewing their explanation of benefits for inappropriate charges. If you suspect Medicare fraud, you can report it by calling 1-800-META-CARE with the name of the provider and the specifics about the fraudulent charges. Medicare offers rewards of up to $1,000 for confirmed reports of Medicare fraud. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's Elder Law Issues question is, what is Social Security fraud? Social Security fraud is the misuse waste or taking of Social Security funds. There are three common forms of Social Security fraud that involve the recipients of Social Security benefits. First, making fault statements in support of a claim for Social Security benefits is fraud. Second, failing to disclose or concealing certain facts that would affect eligibility for Social Security benefits is fraud. The third form of fraud is when the representative payee receives Social Security benefits intended to benefit a recipient and misuses those benefits such as refusing to use them for the beneficiarious food and shelter. If you suspect Social Security fraud, you can report it online via mail, by fax or by phone. For more information about Social Security fraud and how to report a suspected fraud, visit the webpage for the Office of Inspector General for the Social Security Administration at oig.ssa.gov.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the qualifying individual program? The qualifying individual program, also known as the QI program, is one of four Medicare savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. Unlike other Medicare savings programs, QI benefits are limited. Assistance is granted on a first-come-first serve basis with priority given to previous QI benefit recipients. Individuals with growths income, less than $1313 a month, and countable assets less than $7,080 qualify for QI benefits. Individuals must apply for QI benefits every year. QI benefits pay only your monthly Medicare Part B premiums. To apply for the QI program, contact Florida Medicaid at 866-766-2237 or online at myflorta.com forward slash access Florida. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the specified low-income Medicare Beneficiary Program? The specified low-income Medicare Beneficiary Program, also known as the Selimbi Program, is one of four Medicare Savings programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $1,169 a month and countable assets less than $7,080 qualify for Selimbi benefits. There are separate limits applicable to married couples. Selimbi benefits pay only your monthly Medicare Part B premiums. To apply for the Selimbi Program, contact Florida Medicaid at 866-766-2237 or online at myflorda.com forward slash access Florida.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is the Qualified Medicare Beneficiary Program? The Qualified Medicare Beneficiary Program, also known as the QMB Program, is one of four Medicare Savings Programs that helps individuals pay for their Medicare premiums. If an individual qualifies for the program, the state of Florida, through its Medicaid program, pays the benefits. In 2014, individuals with gross income less than $978 a month and countable assets less than $7,080, qualify for QMB Benefits. There are separate limits applicable to married couples. QMB Benefits include payment of your Medicare Part A premiums, Medicare Part B premiums, and all your Medicare deductibles, co-payments, and co-insurance. To apply for the QMB Program, contact Florida Medicaid at 866-766-2237 or online at my florida.com forward slash access Florida.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is, my mother needs to be placed in a nursing home. How do we pick a good one? Choosing a nursing home is a difficult decision. First, look at the facilities nearest you and your family so your loved one can have frequent visitors. Next, review the facilities inspection ratings on floortohealthfinder.gov. Then, call the facilities and find out if they are admitting new patients and whether they accept Medicare and Medicaid. Finally, tour each facility. During your tour, note how the facility smells, whether it looks clean, and whether the staff is visibly working in the corridors and rooms. Watch staff interactions with patients and how the patients interact with one another. In addition, watch the patients. Notice whether they are placed in front of a television in a central room or engaged in activities. Finally, ask for written pricing information and whether the facility will keep your loved one as a long-term care resident if initially admitted for rehabilitation. Listen to our kinds of elder law issues at WFSU.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's elder law issue question is how do I know if an attorney is competent in elder law? Finding an attorney for any legal problem is difficult. Because of the complexity of elder law it is imperative that you determine whether an attorney is qualified to handle an elder law matter. Two questions can help you determine if you have a qualified elder law attorney. One, how much of their practice is dedicated to elder law and how long have they been practicing in the field? Elder law is complex and changes often. This requires an attorney to remain current in the area. The attorney should dedicate a significant portion of their practice to elder law and have been practicing for several years. Two, is the attorney Florida Bar Board Certified in Elder Law. Florida Bar has made that determination of expertise based on peer review, testing, and continuing education. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm, providing elder law services, including all aspects of planning for aging, long-term care, and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilis Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what are the signs of abuse in a nursing home or assisted living facility? Elder abuse can occur anywhere, including a nursing home or assisted living facility. There are three types of abuse common in facilities, physical and emotional abuse, and neglect. Signs of physical abuse include unexplained bruises, welts, broken bones, scratches, or swelling at the ankles and wrists. Signs of emotional abuse include sudden changes in an elder's mental state, isolation of the elder from visitors, or belittling or humiliation by a caregiver. Signs of neglect include unexplained weight loss, dehydration, unclean surrounding bedsores on heels or buttocks, untreated bedsores on any part of the body, or filthy facility conditions. To prevent abuse in a facility, be sure you visit your loved one often and at unexpected times. If you detect abuse, immediately report it to the facility administrator. You can also report facility-based abuse to 1-800-96 abuse, or to the agency for healthcare administration. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, what is a good gift for someone with dementia? Finding the perfect gift for someone with dementia can be difficult. When choosing a gift, you may need to consider the stage of dementia your loved one is experiencing. A great gift for anyone at any age of dementia is a date calendar clock with large numbers, comfy clothing that is easy to wear, or a family photo album with photos labeled for easy reference. For individuals at the beginning stages, notepads, colorful sticky notes and a calendar make good gifts. These items help your loved one keep appointments and reminders around the house. For individuals who reside in a facility, good gifts include a decorated visitors journal where your loved ones' visitors can leave messages to memorialize their visits or a family photo collage to hang on the wall of their room. For individuals in later stages of dementia, brightly colored lap quilts monographed with your loved one's name also make great gifts. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twila Sketchley of the sketchley law firm. Today's Elder Law Issues question is, my elderly mother needs help what options does my family have to get her help? Your family's options depend on the kind of assistance your mother needs and her resources. Help with Erin's housework and custodial care can be provided by family members while your mother continues to live in hers or a family member's home. If no family member is available to help and if your mother has the resources she may be able to hire professionals to provide her needed assistance. If she is unable to get services in her home she may be able to move to an assisted living facility that can provide services for a fee based on her needs. If she needs more intensive care she may need to move to a nursing home where she will receive both medical and custodial care. If your mother's resources are limited she may have to apply for public benefits to pay for her care which may limit her options. Listen to our kinds of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I believe that my aging parents need help but I don't know how to talk to them about it. There are many ways to approach your aging parents with concerns about their need for help. First, listen to your parents. Your parents may give you an opening to discuss their need for help. If your parents don't create an opening, approach them, be direct but respectful about your concerns. Ask if they are aware of the problems you see and if so, how you might be able to help them. If your parents refuse to discuss your concerns, don't argue, wait for another opportunity. Don't assume your parent is refusing because she doesn't recognize the problem. If several family members have concerns, organize a family meeting to discuss the issues with your parents. Ask family members to come to the meeting with not only their concerns but also their proposed solution and how they can help your parent. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, how can I tell if my aging parents need help? As our parents age, they may slow down or even experience a decline in physical and mental abilities. While not everyone needs assistance as they age, there are signs that indicate an aging parent may need help. These signs include sudden unexplained weight loss, signs of forgetfulness such as repetitive questioning, repeating conversations, and difficulty remembering common words, dramatic changes in your parents' mood, and unclean appearance or strong body odor, sudden and inexplicable financial problems such as bounce checks and disconnected utilities, or the presence of a new friend that appears to be isolating your parent. If your parent exhibits these signs, visit your parents' home to assess it for hazards and respectfully discuss your concerns with them. If they are in imminent danger, immediately contact law enforcement or emergency medical services. An elder law attorney may be able to help you and your parents to determine if additional legal intervention is necessary. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issues question is, my sister is my mother's caregiver and I want to help. Is there any way I can help without offending her? Approximately 65 million Americans are caregivers. The caregiving duties often fall to one family member. Other family members may wish to help but wait for the caregiver to ask. Don't wait for your sister to ask for help and don't just give her suggestions on how she could be a better caregiver. Offer to help her with the tasks that reduce her burden or she may be unable to do given her caregiving duties. Offer to make and bring a complete meal to your mother at least once a week include disposable plates and utensils to reduce cleanup. To help with yard or basic housework also offer to assume the caregiving burden during a period of time each week so your sister can have time to take care of herself and her personal obligations. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, my father once his ashes scattered in a national park, can we do that? Many people request their cremated remains be scattered in a place that held meaning to the loved one and their family. However, scattering cremated remains in a public place raises many public health issues. The scattering of ashes on land is governed by a patchwork of federal, state, and local regulations designed to protect the public and the sanctity of human remains. If your loved one once his or her remains scattered in a body of water, there are additional considerations, including preventing others who use the water from ingesting the remains. Many national and state parks and lands do allow cremated remains to be scattered. However, this requires a special permit and may only be done at the place and time specified in the permit. If your loved one once his ashes to be scattered in a body of water, additional permission may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilis sketchley of the sketchley law firm. Today's elder law issues question is, my mother appointed me as her power of attorney. What should I do? When you have been appointed to act on behalf of another under a power of attorney, you must first determine whether you are willing to accept the duties required by the power of attorney. As an agent for your mother, also known as the principal, you will conduct financial transactions on her behalf. You owe her a fiduciary duty, which means you must conduct all transactions prudently and in her best interest. You will also be required to keep an accounting of the transactions you conduct and disclose it when requested or ordered to do so. If you do not believe you have the time or ability to fulfill these duties, you may want to decline the appointment. If you accept your appointment, you should seek the advice of an attorney who can more fully advise you on your responsibilities, duties, and consequences of failing to fulfill them. Listen to our kinds of elder law issues at wfsu.org, slash elder law. Elder law issues is a service of the sketchley law firm and wfsu. Content provided is the opinion of the sponsor and not of wfsu.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing Elder Law Services including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can a non-lawyer advise me about my estate and long-term care planning? Non-lawyers can only provide very limited assistance with your estate and long-term care planning. estate planning requires legal advice in the creation of legal documents. Only lawyers can provide legal advice, which occurs when the lawyer applies the law to your particular circumstances and directs councils or recommends a course of action based on this analysis. Only lawyers can create legal documents such as wills, trusts and powers of attorney. Non-lawyers can only provide you with pre-printed forms, but are even prohibited from recommending the type of form you need or telling you the information needed to complete it. Many non-lawyers advertise they provide the same services as an attorney despite these strict limitations on their actions. When a non-lawyer gives you legal advice or creates legal documents for you, this is called the Unlicensed Practice of Law. It is illegal and harms consumers. Submit a question for Elder Law Issues at WFSU.org. Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The Sketchley Law firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law firm. Today's Elder Law Issues question is, I'm turning 65, what do I need to do? Most people know that when you turn age 65 you become eligible for Medicare and must enroll in parts A, B and D. 65 is a milestone birthday and in addition to enrolling in Medicare you should do the following. Shop four and purchase long-term care insurance if you are eligible. Decide when to claim your Social Security retirement benefits if you have not already claimed them early. Review an update your estate plan including your will, power of attorney and living will. Discuss your end of life wishes and long-term care plans with your family. Review your financial status and retirement plan to determine whether your savings is on track to pay for your long-term care and retirement. Finally, determine whether you would like to age in the home in which you currently live or would like to downsize to a smaller, more accessible home. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what should I do if I think my elderly parent is no longer a safe driver? Not every older person is an unsafe driver. However, if you truly believe your elderly parent is an unsafe driver, address it immediately. Understand the loss of the ability to drive often leaves individuals isolated and dependent on others. Few people accept this loss without resistance. Try talking to the elder about how you and your family can help them from being isolated so they can quit driving. If that fails, organize a family meeting in which several family members express their concerns or observations about the danger of the elder continuing to drive. If that fails, you can report the elder to the Florida Department of Highway Safety, which can result in the revocation of their driver's license. In emergencies, take away the keys or disable the car. For more information, visit Florida's Grand Driver page on the Department of Highway Safety website. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the statewide Medicaid Managed Care Long-Term Care Program? Florida was given a waiver that allows the state to require all Medicaid recipients to enroll in a Managed Care Organization to receive Medicaid benefits. The first group of recipients required to enroll in Managed Care are those needing Medicaid Long-Term Care benefits such as Nursing Home Care. This is referred to as Florida's statewide Medicaid Managed Care Long-Term Care Program. Individuals who need nursing facility care and are residing in a nursing home or receiving Medicaid Long-Term Care Services through certain home and community-based programs will be notified that they must enroll in a Managed Care Organization in their region. Most of the WFSU listening area is in Region 2. Medicaid Long-Term Care recipients in Region 2 can choose to enroll in one of two Managed Care Organizations. Florida's Agency for Healthcare Administration will send Medicaid recipients letters notifying them of the enrollment requirement and procedures. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is managed care? Managed care is a health or long-term care delivery system in which managed care organizations are responsible for providing health or long-term care to the individuals enrolled in their organizations. A managed care organization creates a network of care providers who provide a set of services to the individuals enrolled in the organization. Individuals enrolled in the managed care organization receive their health or long-term care through only these providers. The managed care organization pays the providers based on a contract the organization has with each provider. A managed care organization can set criteria that enrollees must meet to receive certain services, including prior authorization requirements or limits on the number of visits to a specialist within the network. Services provided by companies outside the managed care organizations network are usually not paid for by the managed care organization and are the responsibility of the individual. Florida is currently transitioning its Medicaid program to a managed care system. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, I wrote out my last will and testament by hand, is it valid. A handwritten will is referred to as a holographic will. It is handwritten and signed by the individual making it. Holic wills are often written in emergency situations such as when the individual is facing death and not usually signed in the presence of witnesses. In some states, a holographic will that meets certain criteria is a valid last will and testament. However, in Florida, a holographic will created in Florida is not a valid last will and testament unless it is signed and witnessed in accordance with Florida law. A holographic will created in another state might be considered valid in Florida depending on the law in the state in which it was written. However, getting it recognized in Florida would require extensive evidence and could be a costly legal undertaking. To be sure your will is valid, consult an attorney about the requirements for a valid last will and testament. Listen to our kinds of Elder Law Issues at www.wfsu.org slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can families prevent conflict associated with caregiving? One source of conflict in families who are providing care for a loved one is a lack of or perceived lack of communication. To avoid conflicts associated with a lack of communication, families should create a practical communication plan that provides information and updates on the status of the loved one. Email is a free effective communication tool with internet access available in public libraries and in many restaurants and other public places. Family members provide the primary and respite caregivers with their email addresses. Caregivers will set aside time each week to write a family email sent to everyone's email address. The email should include updated medical and medication information, updated financial information, any signs of the loved one's declining condition, a short list of activities in the week, and any developing concerns related to the loved one. Caregivers should also use this message to ask for input from non-caregiving family members. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Then provide it is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm Attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how often should you review your estate plan? Many believe that once an estate plan is created, it can be placed in a safety deposit box and forgotten. However, the estate plan you created several years ago may no longer fit your circumstances. May have been unexpectedly changed by new laws in your state or not comply with the laws of the state in which you currently live. To ensure your estate plan continues to fit your needs, you should review it with an attorney every time you have a major life-changing event. Life-changing events include the birth of a child or grandchild, moves between states or a move of more than 250 miles within a state, the death of a spouse, the death of a loved one, marriage divorce, a child reaching the age of majority, marriages or divorces involving your adult children, the diagnosis of a catastrophic or chronic illness or milestone birthdays such as your 50th, 60th or 70th. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is from a listener. Do I need a trust for my property? Not everyone needs a trust. Many people have been told they need a trust. Some of the most common reasons people are told to have a trust are to protect their estates from the costs of probate, to protect their estates from taxes and attorneys fees, or to prevent family fights. However, trust are not for everyone. Trusts are legal entities established for a variety of reasons based on your specific circumstances. Your property will be placed in the trust and administered by a trustee which can be you or someone else. While trusts may be used to avoid probate, they are not necessarily cheaper than the costs of probate in Florida after the initial costs of creating and funding the trust, and they don't prevent family fights. Before creating a trust, talk to an attorney about your circumstances and the reasons you may need a trust. This is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twyla Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what are the basic estate planning documents that an individual needs? A basic estate plan should include the following documents. A healthcare surrogate designation, which is a written document designating a person or a person's to make healthcare decisions for you when you're unable to do so. A living will, which is a written document identifying the medical care you do or don't want at the end of your life, when you are unable to make healthcare decisions for yourself. A durable power of attorney, which is a written document designating someone to make financial and property decisions, and conduct financial transactions for you when you need assistance. And a last will and testament, which is a written document that states how you want your property distributed at your death. This basic estate planning documents must be signed and witnessed in accordance with Thorntel Law in order to be valid, depending on an individual circumstances additional documents such as a trust may be needed.

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Elder Law Issues is made possible in part by the sketchley law firm providing elder law services including all aspects of planning for aging long-term care and guardianship. The sketchley law firm online at sketchleylaw.com Hello, I'm attorney Twilas sketchley of the sketchley law firm. Today's elder law issue question is what are filial responsibility laws? Filial responsibility laws require adult children to support their parents when parents are no longer financially able to do so. 49 states have filial responsibility laws. The child's liability under filial responsibility laws differs from state to state. In some states, a nursing home or assisted living facility can sue a resident's adult children for unpaid bills while in other states the parent can sue a child for support. Florida has no filial responsibility laws, no legal duty requiring children to support their parents. In Florida, a child is not liable for their parents' care and support unless there is an enforceable agreement by the child or some wrongdoing that may create liability. However, adult children living in Florida, whose parents live in another state, may be liable for that parent's support based on the law of the state in which the parent lives. Listen to our kinds of elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and W of SU. Content provided is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver burnout? Caregiver burnout is a state of physical, mental, and emotional exhaustion due to excessive long-term stress usually associated with providing care for a loved one. As caregivers spend their time providing care for others, they neglect their own health and well-being, often feeling guilty when their health forces them to focus on themselves. This self-neglect over time causes burnout. Caregiver burnout is marked by depression, hopelessness, constant fatigue, withdraw from family and friends, irritability, changes in sleep patterns, changes in eating habits or weight, loss of interest in beloved activities, and even ranged toward the person receiving care. Caregiver burnout also causes increased physical illness, including chronic illnesses. Caregivers, who may be suffering from burnout, should seek help immediately for themselves and their loved one. The area agency on aging can direct caregivers to support services such as counseling, respite care, and private-sitter services to relieve the caregiving burden. Listen to our kinds of Elder Law Issues at WFSU.org, slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Certified Aging and Place Specialist? A Certified Aging and Place Specialist is a designation given to building professionals who have completed the Certified Aging and Place program. The program was developed by the National Association of Home Builders in collaboration with the AARP. It teaches builders the skills necessary to design, build, and remodel homes to meet the needs of people aged 50 and older. It emphasizes universal design to accommodate family members of all ages and abilities, allowing individuals to age in their homes. The program also provides builders with the business management and customer service skills to work with older adults and tailor their businesses to the needs of an aging population. Students who are building or modifying homes to accommodate the aging process or a disability should look for a builder that has been designated as a Certified Aging and Place Specialist. Listen to our kinds of Elder Law Issues at WFSU.org, Slash Elder Law. Elder Law Issues is a service of the Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services, including all aspects of planning for aging, long-term care and guardianship, the Sketchley Law Firm, online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Americans with Disabilities Act? The Americans with Disabilities Act or the ADA is a federal law providing civil rights protections for individuals with disabilities. The ADA guarantees equal opportunities in telecommunications, government services, employment, transportation, and public accommodations such as hotels and restaurants. The ADA protects three categories of people, those with a mental or physical impairment that substantially limits one major life activity, those who have a record of physical or mental impairment, and those who are perceived as impaired regardless of their actual impairment. The definition of disability under the ADA does not include specific impairments or physical characteristics indicating impairment. To comply with the ADA, businesses and government must remove barriers to accessing goods and services, provide auxiliary aids and services, modify policies to eliminate discrimination, and eliminate unnecessary eligibility criteria that segregate those with disabilities. The ADA National Network can provide guidance and training on ADA compliance. Elder Law Issues is a service of the Sketchley Law Firm and W of SU. It is the opinion of the sponsor and not of W of SU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what happens to my pets when I need someone to care for me? A significant part of an Elder's life is their pet. Often when an Elder needs care requiring placement away from their home, they resist because it may require separation from their pet or leave the pet without care. With a little planning, a pet can be cared for even when the owner is unable to do so. Some nursing homes and assisted living facilities allow an Elder to keep a pet in their rooms. A pet owner can also designate in writing a pet caregiver to provide care in the owner's absence. A pet owner should also authorize their agent under a durable power of attorney to pay the cost of the pet's care out of the owner's funds. In the owner's will, the owner should give the pet to a particular caregiver after the owner's death and create a pet trust to designate funds for the pet's care for the pet's life. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicaid? Medicaid is a government health insurance program that provides medical and long-term care coverage to low income individuals and families who meet asset and income limits. The cost of the Medicaid program is shared by the federal and state governments. Medicaid for low income individuals who are disabled or age 65 or older is referred to as SSI-related Medicaid. Florida residents who receive supplemental security income or SSI are automatically eligible for Medicaid. Individuals with limited resources who need assistance with long-term care services in a nursing home or in the community may also be eligible for Medicaid that helps cover the cost of that care. Medicaid programs that cover the cost of long-term care in the community have limited funding and long-waiting lists. In 2011, Governor Scott signed a new law making changes to Florida's Medicaid program. These changes require Medicaid beneficiaries to enroll in managed care organizations and pay premiums. To make such changes to the Medicaid program, Florida must submit a waiver request to the federal government and receive federal approval. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicare? Medicare is a government health insurance program for individuals aged 65 or disabled individuals under age 65. US citizens in permanent residence are eligible for Medicare. If they have worked in Medicare-covered employment for at least 10 years or are the spouse of someone who has, there are two basic parts to Medicare, part A and part B. Part A pays for hospital and inpatient care as well as rehab in a skilled nursing facility. For most, there are no monthly premium payments for part A. Part B is commonly referred to as medical insurance covering visits to the doctor and other medical services. Part B recipients pay a monthly premium for coverage. In addition to monthly premiums, recipients also pay deductibles and co-payments for services. For those with limited income and resources, the state may help pay Medicare premiums and co-payments. Metagap insurance can also be purchased to cover these co-payments. Medicare recipients should also consider choosing a Medicare Prescription Drug Plan to help cover additional prescription drug costs. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Elder Law? Elder Law is the holistic area of law addressing the special legal needs of elders and those with disabilities and chronic debilitating illnesses. Elder Law encompasses many things including a state planning, incapacity planning, guardianship, Medicare, Medicaid, veterans benefits, long-term care planning, prevention of exploitation, abuse and neglect, as well as end-of-life planning. Elder Law attorneys specialize in this area of law and are recognized by the Florida Bar as experts in this area due to meeting special education and training requirements. Elder Law attorneys work with clients as well as co-counsel with other attorneys to assist clients with those issues addressed by Elder Law. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what can employers do to prevent caregiver or family responsibility discrimination? First, employers must be aware all employees, male and female, young and old, can be caregivers. Employers subject to the Family Medical Leave Act should make all supervisors and managers aware of its provisions and provide employees with the appropriate notice of its provisions. Employers should be aware of common biases about caregivers, most of whom are women, and trained supervisors to spot and defuse them. These include beliefs, caregivers are unreliable, women should be home caring for family members, or men should focus on work and leave caregiving to their wives. While there are no federal laws specifically preventing caregiver discrimination, there are laws that create liability for actions resulting in caregiver discrimination. These include state and federal laws preventing discrimination against gender, age and disability. Employers must treat all complaints of potential caregiver discrimination seriously, and ensure that employees are not subject to retaliation for reporting them. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is caregiver or family responsibility discrimination? Caregiver or family responsibility discrimination is employment discrimination against employees based on the employees' family responsibilities, including caring for elderly parents or spouses. Women are most often the victims of caregiver discrimination because women are more often the caregivers for elderly spouses or relatives. Examples of caregiver discrimination include harassment, demotion, termination, and disparate treatment for manufactured infractions. There are no specific federal laws that outlaw caregiver discrimination. Even though no specific laws prohibit caregiver discrimination, there are laws used to fight it. Because women are most likely to suffer caregiver discrimination, gender discrimination equal pay laws are often used to combat it. Caregiver discrimination may also violate the American with Disabilities Act. If you believe you've been the victim of caregiver discrimination, contact the Florida Commission on Human Relations or the Equal Employment Opportunity Commission. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, can I use the Family Medical Leave Act leave to care for my elderly parent? If you work for an employer covered by the Family Medical Leave Act and your parent suffers from a serious health condition certified by his or her health care provider, you can use the Family Medical Leave Act to take up to 12 weeks of unpaid leave in a year to provide care for your elderly parent. Your elderly parent's condition must either require an overnight stay in the hospital or other medical facility, incapacitate your parent for at least three days, or be a chronic condition causing your parent to suffer occasional periods of incapacity requiring treatment by a health care provider at least twice a year. To access Family Medical Leave benefits, you must provide your employer with the appropriate notice. For more information about the Family Medical Leave Act, ask your employer or visit the U.S. Department of Labor website. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the Family Medical Leav Act? Family Medical Leav Act provides eligible employees of public agencies, school districts, and private employers with 50 employees or more, 12 weeks of unpaid leave each year, continuation of any group health benefits during leave, and the right to return to their same or equivalent job at the end of leave to care for a spouse, child, or parent with a serious health condition. Eligible employees are those that have worked 1,250 hours during the 12 months prior to the start of leave. Leave can be taken intermittently. Employers may require an employee to provide a certification of the Family Members' serious health condition before granting leave and can ask for recertification every 30 days. Employees must give a 30-day advance notice for leave unless the need for leave is unforeseeable and notices impractical. While an employee need not mention Family Medical Leav specifically, they must reference the qualifying condition and the need for leave. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a public guardian? In Florida, a public guardian is a person or entity trained as a professional guardian and appointed by the statewide public guardianship office to serve the guardianship needs of incapacitated persons who have no means to obtain a private guardian. Public guardians serve as guardian for individuals with no friends or family willing to serve as guardian and no money with which to pay a professional guardian. Public guardians protect Florida's vulnerable adults and have saved the state millions of dollars by ensuring adequate and safe care for incapacitated adults. They are monitored and regulated by the statewide office of public guardian at Florida's Department of Elder Affairs. In the Big Bend area, the Office of Public Guardian, which is a not-for-profit, is the official public guardian. The Office of Public Guardian serves approximately 150 wards in 13 counties from Bay County to Madison and Taylor counties to the Gulf Coast. It is funded in large part by private donations from the communities it serves. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is Senior's Vs. Crime? Senior's Vs. Crime is a special project of the Florida Attorney General. The program uses senior volunteers to assist other seniors who believe they have been the victim of a crime or scam. Volunteers, known as Senior Sluse, do several things through the program. They work with law enforcement to provide information about scams and frauds within the community. They educate the community about frauds and scams affecting Florida seniors and how seniors can protect themselves. Volunteers investigate complaints the Attorney General's Office receives from throughout the state, and volunteers may also work in undercover operations to obtain evidence through companies or individuals acting illegally. This must be at least 50 years old and can complete an online application at seniorversuscrime.com. If you believe you've been the victim of a scam, you can request help from Senior Versus Crime by contacting your local Senior Versus Crime Office or completing an online request for assistance. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how can I protect myself from identity theft? Identity theft occurs when your personal information is used by another without your consent or knowledge. The key to preventing identity theft is to protect your personal and financial information. Do not provide personal or financial information in response to unsolicited requests. Review all your bank and credit card statements immediately and challenge any unauthorized transactions. Be sure to shred expired bank cards and all documents that contain personal or financial information. Finally, request your credit report once a year from annualcreditreport.com. Review the report for any accounts or transactions you do not recognize. If you find problems in your report, contact the credit reporting agency to challenge them. Any time you suspect your information has been stolen, place a fraud alert on your credit report with each credit reporting agency. Finally, when you find you have been a victim of identity theft, call law enforcement immediately. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a professional guardian? A professional guardian is a person or entity acting as a guardian for three or more awards who are unrelated to the guardian. Professional guardians must register with the statewide public guardianship office at the Department of Elder Affairs. To be registered as a professional guardian, a person or entity must pass periodic financial and criminal background checks, receive ongoing guardianship education, pass a test, and maintain a bond for the protection of their awards. Professional guardians are paid by the funds of the awards they serve. They are appointed in cases where incapacitated individuals have no family member or friend to act as guardian, but can afford to pay for a guardian. Professional guardians are often appointed in cases where there is an emergency involving an incapacitated person, and there is currently no one available to assist with the emergency. In those cases, guardianship is later transferred to friends or family. They are also appointed in cases where there is a family conflict. To verify the status of a professional guardian, visit the website of the statewide public guardianship office. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a guardian? A guardian is an individual or entity appointed by a court to act on behalf of a ward's person or property or both. A guardian is authorized by the court to exercise certain delegable civil and legal rights on behalf of that ward. These rights may include the right to manage a ward's property and income, make medical decisions, determine where a ward lives and make certain decisions regarding a ward's social environment. A guardian can be appointed to make only some decisions on behalf of a ward. A guardian's authority is specifically stated in a court-issued document called Letters of Guardianship. When working with a ward's financial institutions, healthcare providers or other service providers, a guardian must provide a copy of the letters of guardianship so that the provider or financial institution can verify whether a guardian has the authority to take actions on behalf of a ward. A guardian can be a family member, professional guardian, or public guardian depending on the circumstances of the ward. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is guardianship? Guardianship is the legal process by which a person or entity is appointed by a court to make decisions under court supervision for an individual who has been incapacitated as determined by Florida Law. The individual or entity appointed to act for another is called a guardian. A guardianship is a protective proceeding started to protect the person or property of an individual who is unable to care for him or herself and usually has not designated others to act on his or her behalf or those who are acting have used their authority inappropriately. Someone against whom a guardianship and incapacity proceeding are filed is appointed an attorney to represent them and their interests, is entitled to a hearing and to present evidence in their defense and are evaluated by objective court experts who have no relationship with any of the parties. If someone is appointed as a guardian, the individual must take training and be represented by an attorney licensed in Florida. If you believe a guardianship is necessary to protect your loved one, contact an attorney who is familiar with guardianship and its alternatives to discuss this option. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living will? A living will is your declaration of the kind of treatment you do or do not want when you are facing end-of-life decisions and are incapable of making them. A living will should be in writing and witnessed in accordance with Florida Law. A living will gives directions to your healthcare decision-makers and healthcare providers regarding whether life-pologuing procedures should be provided withdrawn or withheld. A living will can also give specific direction regarding your comfort and palliative care. Florida Law even allows you to designate someone in your living will to ensure enforcement of its provisions. A living will only goes into effect if you are incapable of making end-of-life decisions and have an end-stage condition, a terminal condition, or in a persistent vegetative state. When creating your living will, be sure to talk to your family, healthcare providers, and healthcare decision-makers about the decisions you want made on your behalf so that everyone understands and can carry out your wishes. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a healthcare proxy? A healthcare proxy is the individual that is designated by Florida Law to make medical decisions for a patient when that patient is unable to do so and has not designated a healthcare surrogate. The individual who will make medical decisions for the patient is predetermined by a hierarchy set out in Florida statutes and includes in the following order, an individual spouse, adult children or majority of adult children available at the time decision must be made, a parent, a sibling, or other relative or friend. A healthcare proxy makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A proxy may also make end-of-life decisions if the patient is unable to do so. If you want a particular person to make healthcare decisions for you and you cannot, that person may not be the individual that the law designates as your proxy, so be sure to designate them your healthcare surrogate in writing to avoid the uncertainty of the selection of a healthcare proxy. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is what is a healthcare surrogate designation? A healthcare surrogate designation is a written document signed by an individual or principal when he or she is competent, designating another to make medical decisions when the principal is unable to do so. The individual appointed to make medical decisions for another makes those decisions based on substitute a judgment rule. This means the individual must make the decisions based on what the principal would have decided for him or herself. A healthcare surrogate makes treatment decisions, provides informed consent, and can even consent to the placement of a principal in a skilled nursing facility or assisted living facility. A healthcare surrogate may also make end-of-life decisions if the principal is unable to do so. If you have not designated a healthcare surrogate, consider appointing one. If you do not, Florida Law provides a decision-maker that can and will make decisions for you if you are unable to do so, which we'll be discussed in next week's minute.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a durable power of attorney? A durable power of attorney is a legal document signed by an individual when he or she is competent, giving an agent authority to act on the individual's behalf with regard to financial decisions. A durable power of attorney specifically states that the authority granted by the document can be exercised by the agent even if the individual is incapacitated. An agent acting under a durable power of attorney has a duty of loyalty to the individual for whom the agent is acting, meaning the agent must act in the best interest of the individual, using any exceptional skills he or she may have to benefit the individual. The authority granted to the agent is expressly stated in the durable power of attorney document and an agent cannot exercise any authority not provided in that document. A durable power of attorney is an important planning document when faced with debilitating illness requiring others to act on your behalf. In 2011, the Florida legislature made many changes to the law's governing durable powers of attorney, so make sure you talk to your attorney before creating or executing any durable power of attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicaid? Medicaid is a government health insurance program that provides medical and long-term care coverage to low income individuals and families who meet asset and income limits. The cost of the Medicaid program is shared by the federal and state governments. Medicaid for low income individuals who are disabled or age 65 or older is referred to as SSI-related Medicaid. Florida residents who receive supplemental security income or SSI are automatically eligible for Medicaid. Individuals with limited resources who need assistance with long-term care services in a nursing home or in the community may also be eligible for Medicaid that helps cover the cost of that care. Medicaid programs that cover the cost of long-term care in the community have limited funding and long-waiting lists. In 2011, Governor Scott signed a new law making changes to Florida's Medicaid program. These changes require Medicaid beneficiaries to enroll in managed care organizations and pay premiums. To make such changes to the Medicaid program, Florida must submit a waiver request to the federal government and receive federal approval. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law Services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Medicare? Medicare is a government health insurance program for individuals aged 65 or disabled individuals under age 65. US citizens in permanent residence are eligible for Medicare. If they have worked in Medicare-covered employment for at least 10 years or are the spouse of someone who has, there are two basic parts to Medicare, part A and part B. Part A pays for hospital and inpatient care as well as rehab in a skilled nursing facility. For most, there are no monthly premium payments for part A. Part B is commonly referred to as medical insurance covering visits to the doctor and other medical services. Part B recipients pay a monthly premium for coverage. In addition to monthly premiums, recipients also pay deductibles and co-payments for services. For those with limited income and resources, the state may help pay Medicare premiums and co-payments. Metagap insurance can also be purchased to cover these co-payments. Medicare recipients should also consider choosing a Medicare Prescription Drug Plan to help cover additional prescription drug costs. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law issue question is, what is Elder Law? Elder Law is the holistic area of law addressing the special legal needs of elders and those with disabilities and chronic debilitating illnesses. Elder Law encompasses many things including a state planning, incapacity planning, guardianship, Medicare, Medicaid, veterans benefits, long-term care planning, prevention of exploitation, abuse and neglect, as well as end-of-life planning. Elder Law attorneys specialize in this area of law and are recognized by the Florida Bar as experts in this area due to meeting special education and training requirements. Elder Law attorneys work with clients as well as co-counsel with other attorneys to assist clients with those issues addressed by Elder Law. Listen to archives of Elder Law issues at WFSU.org slash Elder Law. Elder Law issues is a service of Sketchley Law Firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Baker Act? A Baker Act usually refers to an involuntary proceeding under Florida Statutes Chapter 394, in which a court determines a person is mentally ill and due to mental illness is unable to conclude that treatment is necessary or has refused voluntary treatment, is unable to provide for his or her own care and without treatment is likely to cause serious harm to him or herself or another. A Baker Act can be initiated by a court after an interested person has filed a verified petition, a law enforcement officer when a person appears to meet the Baker Act criteria, or certain mental health care professionals. When a Baker Act is initiated by a court order, law enforcement takes the individual subject to a Baker Act to a receiving facility, where he or she will be evaluated and mental health professionals decide what further action is necessary. A person can be held up to 72 hours under a Baker Act order. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Health Insurance Exchange under the Affordable Care Act? A Health Insurance Exchange is a key component of the Affordable Care Act, also known as the ACA. Health Insurance Exchange will be available for each state and our marketplaces where consumers can shop for health insurance plans, comparing planned benefits and prices in a side-by-side comparison. Under the ACA, the federal government will establish an exchange and provide grants to states to create their own. For states that do not establish exchanges, the federal government exchange will be the default exchange for consumers in those states. To be part of the exchange, plans must meet certain requirements. No plan can deny coverage for pre-existing conditions. All plans must include affordable basic coverage packages mandated by the ACA. Price variation of Health Insurance Plan will be based on a small number of factors, and all plans must be offered in four comparable tiers. Health Insurance exchanges are to be operable beginning January 2014. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an Aging Resource Center or an ARC? An Aging Resource Center or an ARC is one of 11 entities that work as a coordinated system throughout Florida to provide consumers with information on and access to long-term care resources including local, state, and federal programs related to long-term care. Each of Florida's 11 agencies on aging is designated as an ARC. The goal of the ARC system is to provide elders and their caregivers with uniform one-stop assistance throughout the state. ARCs are designed to reduce duplication of administrative work, minimize service fragmentation, and provide consumer-friendly access to services. The main functions of the ARC are to triage clients who require assistance, provide information and referrals for services, and determine functional and financial eligibility for programs. The ARC, serving individuals in the WFSU Listening Area, is the area agency on aging of North Florida. For more information or to contact your local ARC, call 1-800-96-L or 1-800-96-3-5337. Under-law issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is an income-only trust or a qualified income trust? An income-only trust or qualified income trust is a trust created for the sole purpose of allowing individuals who need long-term care Medicaid benefits to qualify for those benefits when their income exceeds the monthly income cap. The monthly income cap for 2011 is $2,022 per month while the cost of a nursing home is approximately $6,000 a month. The income in a qualified income trust does not count toward the monthly income cap. The income in the qualified income trust is then used to pay the applicant's share of cost to the nursing home, which is the applicant's gross income minus a small personal needs allowance. A qualified income trust does not protect a Medicaid applicant's income from the required patient responsibility. Even with a qualified income trust, a Medicaid applicant's assets must still be less than the asset cap and the applicant must be medically eligible before receiving Medicaid long-term care benefits. Submit a question for elder law issues at www.su.org slash elder law. Elder law issues is a service of the sketchley law firm and WFSU. Information provided is the opinion of the attorney and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a special needs trust? A special needs trust is a trust design to allow a disabled beneficiary to benefit from property without losing essential and life-sustaining public benefits. Special needs trust can be established with the assets that belong to the disabled beneficiary such as proceeds from a personal injury settlement or can be created with the assets of friends and family such as an inheritance. Special needs trusts are subject to legal restrictions on how the trust assets can be used to benefit the disabled beneficiary. There are also restrictions regarding who can serve as trustee. Certain special needs trusts are also required to repay the state for Medicaid benefits after the death of the disabled beneficiary if there are assets left in the trust after the beneficiary's death. A special needs trust when properly created and administered can be a valuable and essential tool for the protection, long-term support, and quality of life of the disabled beneficiary.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a Testimentary Trust? A Testimentary Trust is a trust created in one's last will and testament. Testimentary Trust do not take effect until the individual who created the will dies. Testimentary Trust allow one to nominate a trustee to administer assets after death in accordance with the trust requirements set forth in the will. A Testimentary Trust can be used to leave assets for the benefit of a minor child. It can also be used to leave assets and trust with restrictions to protect a disabled beneficiary from the loss of necessary public benefits or to protect the assets from a beneficiary who is unable to manage money. A Testimentary Trust requires a probate proceeding to effectuate the terms of the trust and approve the chosen trustee because the trust is contained in a will. Testimentary Trust can be used as part of an estate plan to provide benefits and protections for beneficiaries after an individual's death without the burdens of trust administration during the life of the individual. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Unprovided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a living trust? A living trust is a written trust agreement between a settler and a trustee whereby the trustee administers the assets during and after the life of the settler, also known as the Grantor. These are called living trust because they take effect during the settler's lifetime instead of at death. During the settler's life, usually the settler is the only beneficiary, and often the settler is the initial trustee. One of the benefits of a living trust is that it allows a settler to name a successor trustee who can take over in the event the settler loses the ability to manage his or her finances. The successor trustee can manage the assets and trust without instituting a formal incapacity proceeding against the settler, and may facilitate the distribution of the settler's estate after death without a probate proceeding. There are administrative duties associated with maintaining a living trust, and the trustee owes the beneficiaries a fiduciary duty. Before creating a living trust, you should have a thorough discussion of its burdens and benefits with your attorney. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of Sketchleylaw Firm and WFSU. And provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is a trust? A trust is a legal arrangement by which an individual places his or her property with another individual or entity to be managed for the benefit of a beneficiary. The person who creates the trust replaces the property and the trust is referred to as the set-lor or grantor. The person or entity managing or distributing the property in accordance with the terms of the trust is referred to as the trustee. The persons or entities that receive the property are referred to as beneficiaries. In a trust arrangement, the duties of the trustee are set out in the legal document or court order that creates the trust. The trustee owes a duty of loyalty and trust to the beneficiaries. This duty is also referred to as a fiduciary duty. There are many types of trust which are designed to serve the needs of grantors and beneficiaries in many circumstances. Some of the most common trusts used in Elder Law are living trusts, special needs trusts, income-only trusts, and test-ameneray trusts. Listen to archives of Elder Law Issues at WFSU.org slash Elder Law. Elder Law Issues is a service of sketchly law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm, providing Elder Law services including all aspects of planning for aging long-term care and guardianship, the Sketchley Law Firm online at Sketchleylaw.com. Hello, I'm attorney Twila Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, how do I find information about the ratings of a nursing home in Florida? Nursing homes are regulated by both federal and state governments, so information is available from both the state and federal government. Medicare.gov contains a listing of nursing homes throughout the U.S. with a five-star rating system. The search feature allows consumers to locate a nursing home by zip code, name, or town, and get inspection, quality, and rating information for each nursing home chosen. It also allows consumers to do a side-by-side comparison of nursing homes. Florida also provides information to consumers through FloridaHealthFinder.gov. Florida consumers can search for nursing homes and assisted living facilities in Florida by name, location, or type, and retrieve detailed inspection reports, licensing information, contact information for facility administration, and even administrative cases against the facility. This information allows consumers to determine the quality of a facility, as well as whether adverse incidents are a pattern within the facility and detailed correction plans. Elder Law Issues is a service of Sketchley Law Firm and WFSU. Incident provided is the opinion of the sponsor and not of WFSU.

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Elder Law Issues is made possible in part by the Sketchley Law Firm providing elder law services, including all aspects of planning for aging, long-term care and guardianship. The Sketchley Law Firm online at Sketchleylaw.com Hello, I'm attorney Twilas Sketchley of the Sketchley Law Firm. Today's Elder Law Issues question is, what is the statewide Medicaid Managed Care Long-Term Care Program? Florida was given a waiver that allows the state to require all Medicaid recipients to enroll in a Managed Care Organization to receive Medicaid benefits. The first group of recipients required to enroll in Managed Care are those needing Medicaid Long-Term Care benefits such as Nursing Home Care. This is referred to as Florida's statewide Medicaid Managed Care Long-Term Care Program. Individuals who need nursing facility care and are residing in a nursing home or receiving Medicaid Long-Term Care Services through certain home and community-based programs will be notified that they must enroll in a Managed Care Organization in their region. Most of the WFSU listening area is in Region 2. Medicaid Long-Term Care recipients in Region 2 can choose to enroll in one of two Managed Care Organizations. Florida's Agency for Healthcare Administration will send Medicaid recipients letters notifying them of the enrollment requirement and procedures. Listen to our kinds of Elder Law Issues at www.su.org slash Elder Law. Elder Law Issues is a service of the sketchley law firm and WFSU. Content provided is the opinion of the sponsor and not of WFSU.

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