Comments for Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com Tampa Elder Law | Guardianship | Estate Planning | Probate Attorney Tue, 07 Feb 2012 02:13:38 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on Florida Medicaid Reform: It’s Not All It’s Cracked Up to Be by The Harm Florida Medicaid Reform Will Cause Senior Citizens Shifting to Managed Care | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2011/03/florida-medicaid-reform-its-not-all-it%e2%80%99s-cracked-up-to-be/#comment-205 The Harm Florida Medicaid Reform Will Cause Senior Citizens Shifting to Managed Care | Law Office of Laurie Ohall | Tampa Elder Law Attorney Tue, 07 Feb 2012 02:13:38 +0000 http://ohalllaw.com/?p=607#comment-205 [...] you know that Florida Medicaid Reform will shift vulnerable senior citizens from Medicaid to for-profit HMOs? Case histories in Florida [...] [...] you know that Florida Medicaid Reform will shift vulnerable senior citizens from Medicaid to for-profit HMOs? Case histories in Florida [...]

]]> Comment on Florida Medicaid Reform: It’s Not All It’s Cracked Up to Be by The Harm Florida Medicaid Reform Will Cause Senior Citizens: Personal Service Contracts | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2011/03/florida-medicaid-reform-its-not-all-it%e2%80%99s-cracked-up-to-be/#comment-204 The Harm Florida Medicaid Reform Will Cause Senior Citizens: Personal Service Contracts | Law Office of Laurie Ohall | Tampa Elder Law Attorney Tue, 07 Feb 2012 02:13:15 +0000 http://ohalllaw.com/?p=607#comment-204 [...] Proposed legislation in Florida wants to cut payment for family caregivers, but according to AARP, the 52 million Americans who don’t get paid to provide the care are more likely to suffer stress related illness. Encourage your legislator to vote against any restrictions for payments to family caregivers. Allow the families to make their own decisions about caregivers, and let caregivers to help heal the sick, not get sick themselves! [...] [...] Proposed legislation in Florida wants to cut payment for family caregivers, but according to AARP, the 52 million Americans who don’t get paid to provide the care are more likely to suffer stress related illness. Encourage your legislator to vote against any restrictions for payments to family caregivers. Allow the families to make their own decisions about caregivers, and let caregivers to help heal the sick, not get sick themselves! [...]

]]> Comment on Working with Elder Parents in Planning Financially for their Long Term Care by Seniors in Need Long Term Care? Use your home equity. | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2011/02/working-with-elder-parents-in-planning-financially-for-their-long-term-care/#comment-203 Seniors in Need Long Term Care? Use your home equity. | Law Office of Laurie Ohall | Tampa Elder Law Attorney Tue, 07 Feb 2012 02:11:46 +0000 http://ohalllaw.com/?p=558#comment-203 [...] those seniors who are in need of long term care and want to stay in their home, a reverse mortgage can create the money needed to pay for in-home [...] [...] those seniors who are in need of long term care and want to stay in their home, a reverse mortgage can create the money needed to pay for in-home [...]

]]> Comment on Legislative Update: Florida Elderly First on HMO List by Florida Legislative Update: Medicaid Laws Affecting Seniors | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2011/05/old-people-first-on-hmo-list/#comment-202 Florida Legislative Update: Medicaid Laws Affecting Seniors | Law Office of Laurie Ohall | Tampa Elder Law Attorney Tue, 07 Feb 2012 02:09:55 +0000 http://ohalllaw.com/?p=750#comment-202 [...] not so good about Medicaid Reform?  Well, assuming the federal government approves the program, HMO’s will begin receiving financial bonuses beginning next year for “transitioning” elderly nursing home residents back into the community [...] [...] not so good about Medicaid Reform?  Well, assuming the federal government approves the program, HMO’s will begin receiving financial bonuses beginning next year for “transitioning” elderly nursing home residents back into the community [...]

]]> Comment on Florida Medicaid Reform Legislation – Legal Update by Medicaid Diversion and Waiver programs to get new enrollees | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2011/05/florida-medicaid-reform-legislation-%e2%80%93-legal-update/#comment-201 Medicaid Diversion and Waiver programs to get new enrollees | Law Office of Laurie Ohall | Tampa Elder Law Attorney Tue, 07 Feb 2012 02:09:40 +0000 http://ohalllaw.com/?p=759#comment-201 [...] good news did come out of the Florida legislative session this year – they managed to budget for 1000 new slots under the Medicaid Diversion program (which [...] [...] good news did come out of the Florida legislative session this year – they managed to budget for 1000 new slots under the Medicaid Diversion program (which [...]

]]> Comment on The New Florida Durable Power of Attorney statute by Florida Laws: Why is a Guardianship Necessary? | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2011/05/the-new-florida-durable-power-of-attorney-statute/#comment-200 Florida Laws: Why is a Guardianship Necessary? | Law Office of Laurie Ohall | Tampa Elder Law Attorney Tue, 07 Feb 2012 02:02:59 +0000 http://ohalllaw.com/?p=775#comment-200 [...] early) to have proper planning in place so that a guardianship might be avoided.  If you have a Durable Power of Attorney where you appoint someone to handle your financial affairs and a Designation of Healthcare [...] [...] early) to have proper planning in place so that a guardianship might be avoided.  If you have a Durable Power of Attorney where you appoint someone to handle your financial affairs and a Designation of Healthcare [...]

]]> Comment on Florida Probate: Does Probate Law require you to hire a Florida Probate Attorney? by Can I avoid probate of my homestead without using a revocable trust? | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2010/11/florida-probate-does-probate-law-require-you-to-hire-a-florida-probate-attorney/#comment-199 Can I avoid probate of my homestead without using a revocable trust? | Law Office of Laurie Ohall | Tampa Elder Law Attorney Tue, 07 Feb 2012 01:58:48 +0000 http://ohalllaw.com/?p=432#comment-199 [...] they have been told that they need to put their house into a revocable living trust in order to avoid probate.  Many times, this is the only major asset they own, and with the property values having plummeted [...] [...] they have been told that they need to put their house into a revocable living trust in order to avoid probate.  Many times, this is the only major asset they own, and with the property values having plummeted [...]

]]> Comment on The New Florida Durable Power of Attorney statute by Mario http://www.ohalllaw.com/2011/05/the-new-florida-durable-power-of-attorney-statute/#comment-196 Mario Thu, 26 Jan 2012 20:10:45 +0000 http://ohalllaw.com/?p=775#comment-196 I just received drafts of my will and DPOA from an experienced lawyer. My DPOA does not have any list of enumerated powers for me to initial. I must have it redrafted. Is this form of uninitialed DPOA acceptable? My brother and I are both single and are doing wills and DPOA with each other. We trust each other, but do not like giving up control before it is necessary. Our lawyer suggested maintaining physical control of the DPOA document so that the other party would not be able to use it without notice. Is there any other way to replicate a "springing" document? We are using wills to swap cars and personal property. Real estate is being swapped with Life estate warranty deeds. The major assets are titled with beneficiaries, TOD and POD. Pensions and life insurance have beneficiaries. Will the executor of my will be able to administer the transfer of the titled assets? If so, can there language to compel performance? Or, must I have a trust? I just received drafts of my will and DPOA from an experienced lawyer. My DPOA does not have any list of enumerated powers for me to initial. I must have it redrafted. Is this form of uninitialed DPOA acceptable?

My brother and I are both single and are doing wills and DPOA with each other. We trust each other, but do not like giving up control before it is necessary. Our lawyer suggested maintaining physical control of the DPOA document so that the other party would not be able to use it without notice.
Is there any other way to replicate a “springing” document?

We are using wills to swap cars and personal property.

Real estate is being swapped with Life estate warranty deeds. The major assets are titled with beneficiaries, TOD and POD. Pensions and life insurance have beneficiaries.

Will the executor of my will be able to administer the transfer of the titled assets? If so, can there language to compel performance? Or, must I have a trust?

]]> Comment on The New Florida Durable Power of Attorney statute by Laurie Ohall http://www.ohalllaw.com/2011/05/the-new-florida-durable-power-of-attorney-statute/#comment-195 Laurie Ohall Thu, 26 Jan 2012 15:01:36 +0000 http://ohalllaw.com/?p=775#comment-195 Great Question Mario! The new DPOA statute took away the right to have springing powers of attorney (except for military who can have deployment-contingent POA’s). A power of attorney signed after 10/1/11 cannot have the springing power language in it. POA’s that have springing powers and were prepared before 10/1/11 are grandfathered in. Only one licensed physician needs to sign the affidavit that the person lacks capacity to manage property and it needs to be the primary physician that cares for the principal. Great Question Mario!

The new DPOA statute took away the right to have springing powers of attorney (except for military who can have deployment-contingent POA’s). A power of attorney signed after 10/1/11 cannot have the springing power language in it. POA’s that have springing powers and were prepared before 10/1/11 are grandfathered in. Only one licensed physician needs to sign the affidavit that the person lacks capacity to manage property and it needs to be the primary physician that cares for the principal.

]]> Comment on The Top 5 Reasons Planning Ahead Could Save Your Family and Your Wallet by Can I avoid probate of my homestead without using a revocable trust? | Law Office of Laurie Ohall | Tampa Elder Law Attorney http://www.ohalllaw.com/2012/01/the-top-5-reasons-planning-ahead-could-save-your-life-and-wallet/#comment-193 Can I avoid probate of my homestead without using a revocable trust? | Law Office of Laurie Ohall | Tampa Elder Law Attorney Wed, 25 Jan 2012 15:03:34 +0000 http://www.ohalllaw.com/?p=1356#comment-193 [...] have clients that come to me because they have been told that they need to put their house into a revocable living trust in order to avoid probate.  Many times, this is the only major asset they own, and with the [...] [...] have clients that come to me because they have been told that they need to put their house into a revocable living trust in order to avoid probate.  Many times, this is the only major asset they own, and with the [...]

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