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Fort Lauderdale Florida Elder Law Blog

Do New VA Rules Affect Benefits For Agent Orange Exposure?

Agent Orange was a defoliant that U.S. forces sprayed across Vietnam during the war. It is widely known today that Agent Orange was incredibly effective at devastating not only foliage but anything it came in contact with.

But you know that.

If you are reading this, Agent Orange has affected your life. But did you know that benefits may be available to both veterans and their families?

Weigh All Options For Effective Special Needs Planning

The future contains many unknowns. Meeting them can be a challenge for anyone, but even more so for those with special needs. Regardless of whether the need stems from a congenital condition or one resulting from some catastrophic trauma, meeting financial necessities requires comprehensive planning.

There are various legal instruments available to address financial concerns. But determining the best way to employ them is something that can be tricky. To have confidence that you've adequately explored all the possible options, it's wisest to work with an attorney who specializes in this area of the law.

Distributing Your Estate Among Beneficiaries

The estate planning process can present a number of different challenges and some people have a particularly hard time working through these matters. For example, someone who is wealthy may be especially concerned with regard to how their assets will be split up among those they love. Even if you are in a relatively modest financial position, you may still have concerns about how your estate will be divided among your beneficiaries. This is one of the most crucial aspects of estate planning and it is pivotal to handle this facet of the process carefully.

You should carefully review your assets and consider the pros and cons of leaving assets behind with certain loved ones. For example, some people may be in a better position to receive certain assets, for various reasons. If you have a significant amount of cryptocurrency investments, someone who is more technically inclined may be in a better position to receive these assets. You may also need to think about how your decisions could affect family members. In some instances, there may be disagreement over your decisions and it may be necessary to discuss these issues with those you love.

Reasons Why Special Needs Trusts Can Be Advantageous

We have covered some different estate planning issues on this blog, such as the importance of finding an estate plan that is right for you. In this post, we will explore special needs trusts, which have been a lifeline for many families who have a loved one with special needs. There are different reasons why a special needs trust may be suitable for you and those you love, but it is pivotal to go over the ins and outs of this option beforehand. If such a trust is right for you, there may be numerous benefits for your family.

If you have a family member with special needs, our law firm realizes that you may have different hurdles to overcome on a daily basis. Moreover, you could be worried about how their future will be affected in the event that you pass away and are no longer able to provide them with care. Fortunately, there are ways you can continue to help them out down the road. For example, a special needs trust may provide them with the financial resources they are counting on.

What Can I Do If My Parent Refuses to Consider Nursing Home Care?

It can be heartbreaking to watch an aging parent struggle to provide self-care. While you may be able provide some of the care your parent needs, caregiver burnout, other responsibilities or proximity may make it impractical to provide all that your parent needs. Though it may be obvious to you that your parent needs help, what can you do if your parent adamantly refuses to move into a nursing home?

Alternatives to nursing home care

Minimizing the Impact of a Probate Dispute

Estate planning can be challenging for different reasons, but probate disputes can be one of the most difficult estate-related matters for an entire family. Sadly, these disputes have created many hardships for some people and, in some cases, they have even torn families apart. Whether you are setting up an estate plan and want to focus on how you can reduce the probability of a probate dispute, or you are in charge of an estate or a beneficiary who is upset, it is pivotal to handle these issues correctly since so much is at stake.

For some people, probate disputes can be particularly tough to work through after losing a loved one. However, you should not allow your rights to be violated solely because you are worried about upsetting family members. If someone in charge of the estate has breached their fiduciary duties, you may need to take further action. Likewise, you may be accused of failing to abide by your fiduciary duties, regardless of whether these allegations are true or not. Either way, stand up for your legal rights and also try to handle the situation without unnecessary family conflict.

Overcoming the Stigma of Medicaid

When it comes to Medicaid, there are various matters to consider, from eligibility and successfully moving forward with your application to the benefits you will receive and how this will affect your life. For some people, however, simply applying for Medicaid or receiving benefits can be difficult due to the stigma associated with these benefits. Some people may refuse to apply for benefits that they are eligible to receive, placing them in a very difficult position because they cannot overcome their feelings. In this post, we will look into the importance of eliminating the stigma associated with Medicaid.

Some people wrongly believe that everyone who receives Medicaid benefits is lazy or that too many people take advantage of the system. These stereotypes can prevent hard-working people from receiving benefits that they are eligible for and this can be especially difficult for those who desperately need the benefits. If you are worried about what other people may think about you as a result of Medicaid, there are a number of things to keep in mind. First, you do not need to tell friends and family members about the details of your insurance. Second, you should not feel ashamed if you receive Medicaid benefits since they have helped many people who needed assistance.

Finding the Right Type of Estate Plan

All sorts of options are often on the table for those who are serious about setting up an estate plan. However, it is best for you to find one that suits your own needs best. There are various types of trusts available and you may also find that a will is more suitable given your needs. Before you move forward with any type of estate plan, it is crucial to make sure that you have gone over all of your options thoroughly beforehand. You may need to consult a legal professional who has handled many of these situations before, especially with so much at stake.

There are a number of different considerations you may need to go over while trying to figure out which estate plan is best. For example, you may need to look at the needs of your loved ones. If you have a close family member with special needs, a special needs trust may be ideal. Also, you have to think about how your assets will be handed over to those you love and who will be in charge of your estate plan.

Talking to Your Ex about Your Estate Plan

Many different facets of the divorce process can be upsetting, whether a couple has kids and are unsure of what to do about child custody or a somewhat wealthy couple has no idea how marital assets will be divided. Moreover, estate planning should not be looked over either, and there are a number of different matters that you may have to take into account if you have ended your marriage and also have an estate plan. For example, you may wish to revise your estate plan and it could be helpful to discuss this with your ex, although that is not always the case.

If you or your former spouse have any questions about estate plan revision or related legal matters, communication could be beneficial. You may want to go over a number of different topics with your ex, such as matters which affect your children. Likewise, you may want to speak with your former spouse about his or her estate plan if they wish to have a chat with you. It is helpful to do what you can to minimize tension and move forward, but at the same time you should not let yourself be taken advantage of.

What Assets Aren't Counted When Determining ICP Eligibility?

Nursing home care can be very expensive. If you or a loved one ends up needing such care, it can be important to be aware of the benefits programs out there for helping with nursing home costs.

Here in Florida, one such program is the Institutional Care Program, a program under Medicaid. Now, to qualify for benefits under the ICP, you have to meet a range of qualification requirements. One of these is the asset limit.

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