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Guardianship Versus a Durable Power of Attorney

If you're considering whether you want to set up a guardianship or a durable power of attorney, it's vitally important that you understand the difference between the two options. In short, a durable power of attorney allows someone else to handle affairs for you through a delegation of rights. A guardianship prevents people from making decisions that are going to be against their best interests, by giving someone else control over their options and what they're allowed to do. An estate plan with a durable power of attorney would be more favorable when a person becomes incapacitated, as opposed to a...

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April 16th is National Health Care Decision Day 2022

April 16th is National Health Care Decision Day 2022

April is National Healthcare Decisions Month, and April 16 is National Health Care Decision Day 2022. NHDD was founded in 2008 by a healthcare lawyer as an initiative to encourage friends, families and loved ones to talk about what their medical preferences are if they become incapacitated or seriously ill.  It highlights the importance of writing a Living Will and choosing someone as your Durable Power of Attorney for medical decisions. This year, on April 16, recognize National Health Care Decision Day 2022 by making sure your healthcare wishes are legally documented and that your family is aware of your choices.  Why National...

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How to Protect Assets From Medicaid Recovery

Avoiding Medicaid estate recovery of your home should be an important priority of a well-crafted Estate Plan. By using sophisticated estate-planning tools, an experienced Elder Care and Estate Planning lawyer can help protect your house, prevent Medicaid from forcing its sale, and enable your heirs to enjoy it. That's why below you're going to learn about 3 techniques that can help protect your assets from Medicaid recovery. What is Medicaid Recovery? Medicaid may be able to force your heirs to sell your house to reimburse the state for your the benefits you received because when the state pays for care, including nursing...

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Using a Pooled Trust for Medicaid Planning

If you’re disabled and trying to qualify for Medicaid, one option that can help you is a pooled trust. A special needs trust is often used to help a person get under the $2,000 countable asset limit, which can make the difference in whether they qualify for Medicaid services or not. There are options for moving assets into a trust for both personal and certain types of medical needs, most typically for people who are under age 65 and become disabled. For beneficiaries over 65 a transfer penalty may apply. But the best news about a pooled trust is that it...

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Medicaid Gifting Rules: What You Need to Know

medicaid gifting rules - siegel law group

Giving money to your family can be a great way to help them get ahead, pay bills, save for their future, and more. With the Gift Tax Exclusion, you can offer monetary gifts to others without you or the recipient having to pay any additional tax. But keep in mind that any gifting you do should be done only out of love for the people you're gifting to. That's the best way to give, when it's from the heart. It can also be the most important reason to give, as part of your financial planning. That's because you can't use gifting...

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May is National Elder Law Month

May is National Elder Law Month | Florida Estate and Elder Law Attorney Barry D. Siegel at The Siegel Law Group, P.A

Haven’t heard of National Elder Law Month? You’re not alone. It’s actually an awareness day created by the National Academy of Elder Law Attorneys and the goal is to make sure that seniors and those who care about them know about this largely underutilized area of law. Elder Law provides those over 65 years of age with help for all of their legal needs, and the unique issues that older adults face in planning to age with dignity. While Elder Law encompasses the need to plan for their end-of-life wishes, it’s actually about providing all forms of legal support to those...

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National Healthcare Decisions Day is April 16

National Healthcare Decisions Day is April 16 | Florida Estate Planning Attorney Barry D. Siegel | The Siegel Law Group, P.A

National Healthcare Decisions Day is Friday, April 16, 2021.  NHDD is an initiative to inspire, educate and empower the public and providers about the importance of advanced care planning and to encourage people to express their wishes regarding healthcare and for providers and facilities to respect those wishes, whatever they may be. The COVID-19 crisis during the past year has forced us to consider health care decisions in a different light. Churches, synagogues and mosques around the country will support the NHDD effort by highlighting the importance of advance care planning with their congregations. What Is An Advance Healthcare Directive?  An Advanced Healthcare...

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What Is A Florida Elder Law Attorney?

What Is A Florida Elder Law Attorney? | Florida Estate and Elder Law Attorney Barry D. Siegel at The Siegel Law Group, P.A

As people age, they often face new legal issues such as health care concerns, long-term care planning, adult guardianship, retirement issues, Social Security, Medicaid planning and other important matters. A Florida Elder Law Attorney advocates for aging adults and their families. Older adults often have unique issues that they did not have when they were younger and want to age with dignity and respect. What Is An Elder Law Attorney? Elder Law Attorneys handle the financial and Estate Planning legal issues that affect older adults, their caretakers and their families. Elder Law Attorneys have experience handling the sensitive and often stressful emotional...

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This Valentine’s Day Give Your Loved Ones Peace Of Mind

This Valentine's Day Give Your Loved Ones Peace Of Mind | Florida Estate and Elder Law Attorney Barry D. Siegel at The Siegel Law Group, P.A

It's important to show the people we love how much they mean to us. For Valentine's Day this year, flowers and chocolates show that you care, but gifting Peace Of Mind will last long after the chocolates are eaten and the flowers have died. No one likes to talk about their future illness or death, but the best gift you can give your loved ones this Valentine's Day is to protect their futures. Telling your loved ones what's important if you become seriously ill or are at the end of your life will protect them from unnecessary stress and provide...

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New Year’s Resolution: Update Your Estate Plan

New Year's Resolution: Update Your Estate Plan | Florida Estate Planning Attorney Barry Siegel

Many people optimistically make a list of New Year's Resolutions on December 31 with promises to get healthy, learn a new language or stick to a budget. In the flurry of ending one year and starting a new year, most of those resolutions are quickly forgotten and broken during the 1st week of January. It's not too late to make an important New Year's Resolution: one that you can actually keep! In 2021, resolve to update your Estate Plan. And if you don't have a Will or an Estate Plan - resolve to make one! Make an appointment with an experienced Estate Planning...

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