Medicare and Medicaid Medicare and Medicaid are Federal programs designed to help older people pay for the cost of health care. With very few exceptions, anyone 65 or over is eligible to receive Medicare. Medicaid is a more complicated program, and eligibility is strictly limited. For Medicaid eligibility there is a two pronged test. First, your physical or mental condition must be so impaired that you have trouble performing the normal activities of daily living. Second, there is a limit on the income you may receive and the value of the assets you may own. If you or a member of your family is concerned about how to qualify for Medicaid, you should consult with an Elder Law attorney. The attorney can help you qualify financially and can prepare the Medicaid application for you. Contact Suzanne LaBerge Wills, Trusts and Probate Wills and trusts are documents that allow you to say where you want your assets to go after your death. Probate is the process of winding up a deceased persons affairs and distributing the assets as provided in the will. Trusts can be used to avoid probate, to provide privacy regarding assets, to provide for your own care should you become incapacitated and to distribute assets to a beneficiary over a period of time under a trustee's watchful eye. With the proper planning and documents in place, probate is an orderly process and not unduly expensive. Small estates (under $75,000 in value) qualify for summary administration which is a faster, less expensive procedure. Contact Suzanne LaBerge Advance Directives Advance Directives are documents that allow you to determine who will manage your affairs and your medical treatment in the event you should become incapacitated and unable to do so yourself. The most often used Advance Directives are a Durable Power of Attorney; Living Will; Health Care Surrogate Designation; and HIPAA Release. In a Durable Power of Attorney you name someone as your agent to handle your business affairs, bank accounts, investments and the like should you be unwilling or unable to do so. If you become incapacitated, a Durable Power of Attorney can keep you out of a guardianship. A Living Will is a document that allows you to determine in advance what measures should be taken to keep you alive should you be in a terminal condition. The living will can address your wishes regarding the use of feeding tubes, ventilators, forced hydration and other medical procedures. In a Health Care Surrogate Designation you name someone as your agent to make healthcare decisions should you be unable to speak for yourself. The HIPAA (Health Insurance Portability and Accountability Act) Release allows your designated agent to get your medical information from doctors, hospitals, pharmacists and others. Contact Suzanne LaBerge |
| Elder Law |
| Gruskin & LaBerge, P.A. Attorneys at Law 2719 1st Avenue N., St. Petersburg, FL 33713 Telephone: (727) 321-1918 Fax: (727) 321-2839 |
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