Law Office Of Marilyn C. BeloFindLaw IM Template2025-05-15T12:27:52Zhttps://www.mcbelolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503031/2021/10/cropped-Favicon-min-32x32.jpgOn Behalf of Law Office of Marilyn C. Belo<![CDATA[Planning for the evacuation of family members with special needs]]>https://www.mcbelolaw.com/?p=487422024-05-30T10:04:24Z2024-05-30T10:04:24ZAddress medical support needs
One of the most pressing issues when preparing for a sudden evacuation is the disruption in medical support that a sudden move could cause. Families may need to have arrangements in place for ambulance transportation in some scenarios. They may also need to make modifications to their own vehicles so that they can accommodate or power equipment while transporting a loved one in an emergency.
Ensuring that there is always an adequate amount of necessary medication on hand is also important. Relocating during an evacuation could make it difficult to obtain a new prescription or fill an existing one. Having enough medication on hand for several days in the event of an emergency is an important preparation for those supporting a loved one is special needs.
Prepare the family member for the potential disruption
Those with special needs often experience difficulty self-regulating in intense circumstances. They can become aggressive when they feel frightened or may try to hide. Both of those reactions could be incredibly dangerous in an evacuation scenario.
Therefore, practicing evacuation proceedings with a family member who has special needs could help them handle the situation better if a real emergency arises. Talking about what they are responsible for collecting, such as their favorite blanket or hat, and about how important it is to move immediately to the vehicle or to a certain location where everyone intends to gather can help the person with special needs navigate the stress of an emergency scenario.
Providing adequate support for a loved one with special needs can be a very challenging undertaking. Those who plan for unusual and demanding situations before they arise can help protect their loved ones from scenarios in which they may be at more risk than others, or in which they could put others at risk unintentionally.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[What to know about guardianship of a special needs adult]]>https://www.mcbelolaw.com/?p=487412024-03-29T22:12:25Z2024-03-29T22:10:34ZGuardianship requires court intervention
Some people assume that adult guardianship could be automatic in their circumstances. Someone who is the legal or biological parent of a child with significant medical challenges may believe that because the state is already aware of the child's disability, their parental authority should automatically roll over into an adult guardianship due to those concerns.
However, that is not how adult guardianships work. Someone concerned about the well-being of an adult with special needs must take the matter to court. They need evidence that someone cannot safely and consistently meet their own needs. The courts generally have to agree that a guardianship would be in someone's best interest to give an adult authority over another person who is legally an adult.
Guardianship can be complete or limited
Not every adult who struggles with independent living requires someone else to manage every aspect of their lives. Often, it is possible for those who love someone with special needs to pursue a limited guardianship that only allocates certain types of authority and responsibility to the guardian.
This approach can help empower someone with a disabling medical condition by motivating them to be as independent as possible. The person in need of support may be more likely to agree to a voluntary guardianship if they don't face the total loss of personal authority. With that said, oftentimes, circumstances require guardianship where the guardian has authority over someone's finances and medical decisions and responsibility to meet all of their day-to-day needs. Guardianship can strain relationships at least temporarily and can lead to some difficult conversations among family members.
Despite the complications and potential for conflict involved, the pursuit of a guardianship can be beneficial for an adult with special needs. Learning more about how Florida helps protect those who are incapable of fully independent living may benefit those concerned about someone with disabling medical issues.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[3 steps to help someone pay for long-term care with Medicaid]]>https://www.mcbelolaw.com/?p=487402024-02-04T17:09:01Z2024-02-04T17:09:01ZStep One: Performing a thorough review of finances
Someone's personal finances have a direct impact on their eligibility for Medicaid. The state has very strict income limits. The state only grants a small personal allowance out of that monthly income, meaning even those who qualify may have to pay for some of their care with their own funds. There are also limits on personal property. An unmarried person applying for Medicaid coverage can only have $2,000 in countable assets. If a married person needs Medicaid but their spouse doesn't, they could qualify with up to $150,000 in combined countable assets. In most cases, the home where someone lives doesn't contribute toward the value of their countable assets unless the home is worth more than $688,000.
Step Two: Gathering medical documentation
One of the state review procedures for long-term care Medicaid applications looks at the necessity of long-term support. The state needs to agree with the applicant when they assert that they require the help of a nursing professional in their home or the more extensive support required by nursing home professionals. The more proof people have of their current medical challenges, the easier it may be for them to pass the review.
Step Three: Submitting documentation to the state
After reviewing personal finances and gathering medical records, applicants need to fill out paperwork to submit to the authorities. In some cases, they may need to appeal after the state denies their initial application. Given the strict financial rules for Medicaid applicants, planning long before someone experiences medical decline is often in their best interests. Individuals who properly prepare at least five years before they require long-term benefits may have an easier time initially qualifying. They can also diminish the likelihood that the state will pursue collection activity against their estate.
Taking the right steps when applying for Medicaid can increase someone's chances of getting the support they need.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[Managing an aging parent’s care when you don’t live nearby]]>https://www.mcbelolaw.com/?p=487392023-11-30T01:06:53Z2023-11-30T01:06:53ZA POA for finances
One area where aging relatives often need help is in managing their finances. This is a burden you can take off their hands. However, you’ll need to get a durable power of attorney (POA) for finances that gives you authority to do things like pay their bills, move money and handle other financial matters.
Assuming that your loved one isn’t suffering from cognitive issues, they’ll need to agree to that. It can be a difficult conversation, but it may also be a relief to them – especially since so many financial matters are handled online now, which can be confusing for some seniors.
Health care directive and POA
You’ll likely also want your loved one to put a health care directive in place, if they haven’t already, and name you as their health care agent with medical POA. This gives you the authority to talk with their doctors and make decisions for them, if necessary, based on the wishes they’ve detailed in their advance directive.
Naming a preneed guardian
Finally, Florida law allows people to name a “preneed guardian.” This saves family members from having to seek guardianship if a loved one becomes incapacitated and allows the designated guardian to “assume the duties of guardian immediately upon an adjudication of incapacity.”
If you have siblings who wish to share in your parent’s long-distance care, it’s wise to have a family discussion to determine who will take on what responsibilities. Even if your siblings don’t want to or can’t participate, it’s important to be transparent with them so they don’t feel like you’re going behind their back. Seeking sound legal guidance is also an important step in putting necessary documents in place before your loved one’s situation evolves.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[What is undue influence, and how can will challenges on this basis be prevented?]]>https://www.mcbelolaw.com/?p=487372023-10-02T12:58:25Z2023-10-02T12:58:25ZWhat is undue influence?
Undue influence is the legal term for someone using their relationship with a testator to influence their estate planning paperwork. They may pressure or coerce someone into leaving them a larger inheritance or manipulate them into thinking they should not leave resources for someone else previously designated as a beneficiary. Anytime an estate plan no longer includes someone's personal wishes but instead now includes concessions demanded by an outside individual, such as a spouse or a child, the testator may have experienced undue influence.
How can someone avoid undue influence?
Creating estate planning paperwork early in life before one becomes dependent on caregivers can be an important way to prevent undue influence from derailing their estate planning intentions. Someone who is young and healthy won't have to worry about a caregiver alienating them from others, threatening to withhold medication or otherwise manipulating them into changing an estate plan.
Additionally, someone who does require support in their later years would likely benefit from involving as many of their loved ones as possible in their care. Having different family members meet different support needs will reduce the likelihood of one person being in a position to intervene in someone's other relationships and manipulate their estate plan.
Being able to recognize undue influence and taking steps to avoid it can be of the utmost importance for vulnerable older adults who hope to leave behind a particular legacy when they die.
]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[3 benefits of long-term care insurance]]>https://www.mcbelolaw.com/?p=486992023-08-03T04:44:07Z2023-08-03T04:44:07ZLong-term care insurance is one of the optional forms of coverage that many adults in the United States consider purchasing at some point or another. Unlike health insurance or disability insurance, long-term care insurance is very rarely part of people's official compensation packages from their employers and is, instead, coverage that they purchase of their own volition.
Those who understand how much it may cost to live in a nursing home or have skilled assistance in their residence during their golden years may understand the value of long-term care insurance purchase earlier in life. Others may need to learn about the three benefits listed below to make the right choice when deciding what kind of coverage they personally require.
Cost control
Those who have long-term care insurance can count on a certain level of contribution from their policy toward their long-term care costs. The benefits that the policy provides will influence the budget that someone has during their retirement years, especially during times in which heightened levels of medical support become necessary. Being able to count on a set amount of supplemental financial coverage to pay for necessary medical support can help people continue meeting their other basic cost-of-living expenses as they age and must live on a fixed income.
Protection of one's legacy
Those who are completely dependent on personal resources or state insurance to cover nursing home costs are similar expenses don't just have to worry about their budget in the future. Their plans for leaving resources for their children or other selected beneficiaries will shift depending on how they finance their medical treatment as they age. Private medical collectors and the Florida Medicaid estate recovery program can make large claims against someone's estate and potentially consume any property left in their name when they die. Long-term care insurance can help cover expenses and thereby protect some assets that can potentially pass to someone's beneficiaries.
Peace of mind
Those who do not plan ahead to cover long-term care expenses may need to apply for Medicaid at a time when their health has already begun to decline. That is a lot of uncertainty and stress to leave for someone's future self. Those who invest in long-term care insurance earlier in life often feel comforted by the knowledge that they will have insurance coverage available should they require support as they age. It could be a challenge to evaluate policy paperwork and invest in the right insurance coverage as people start planning for retirement and their golden years.
Having the right plans in place before medical necessity arises could make all the difference for those worried about their health as they age.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[Estate planning to address children’s concerns about remarriage]]>https://www.mcbelolaw.com/?p=486972023-07-07T15:01:07Z2023-07-07T15:01:07ZAdult children generally expect that their parents will leave the majority of their resources to them when they die. Especially if parents have divorced or lost their spouse, it is a common expectation that their children will inherit most, if not all, of their property.
Therefore, when a parent remarries, the children in the family may feel worried about the possibility of disinheritance in favor of the new spouse. A discussion with them and a decision to revisit estate planning can certainly help assuage those concerns. Here are some issues you may want to proactively address:
1. Concerns about medical preferences
Adult children often assume a support role in the lives of their widowed or unmarried parents by agreeing to accept power of attorney in the event of an emergency and to carry out their parent's wishes. Concerns that a new spouse might deviate from someone's medical preferences are common. Those who are remarrying late in life can reduce the likelihood of conflict related to their care after an emergency by putting together advanced directives and powers of attorney that reaffirm their choices.
2. Worries about specific assets
Even if the children of someone who remarries accept and believe that their parent will not fully disinherit them, there may be reason for concern about specific assets, like the primary home of the parent or personal items and family heirlooms that have emotional significance for the whole family. There are estate planning tools, like trusts, that can help reduce the likelihood of conflict arising related to specific assets by granting a spouse access to those assets without giving them permanent control over them.
3. Fears about changes to the parent-child relationship
Children will naturally worry about anything that will interfere with their relationship with their parents. The idea that a stepparent might alienate them from a parent (perhaps in an effort to influence an individual's estate plan for personal benefit), is a concern that children may have when older parents remarry. Clarifying one's estate planning wishes early in a new marriage can reduce concerns about future alienation and attempts to influence a parent's legacy in a way that would undermine the rights of the children in the family. Remarriage will inevitably alter someone's finances and familial circumstances. Therefore, a late-in-life marriage necessitates the creation of new estate planning documents or, at least, the revision of any existing paperwork. Updating documents to address the top concerns that adult children will have about their parent's remarriage can help smooth the transition for the whole family.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[Children with special needs often benefit from evacuation planning]]>https://www.mcbelolaw.com/?p=486962023-06-05T13:12:25Z2023-06-05T13:12:25Zsolid evacuation plan when they have a family member with special needs. Parents and guardians can make certain arrangements ahead of time to better support the evacuation challenges faced by a family member with special needs.
Safe transportation
Some people require wheelchair vans, and not every family can afford to own one. Parents or caregivers may need to have a service on call for an emergency such as an evacuation. Other times, such as in scenarios where someone requires life support, they may require non-emergency ambulance transportation or similar arrangements. Reaching out to local professionals ahead of time will mean that parents don't have to do key research at a time when demand will be high and businesses will start shutting down due to the evacuation. People also need a destination that can provide the support their child requires.
Medical equipment and extra medication
Some people with special needs require a supplemental oxygen supply. Others may be completely dependent on certain medications to keep themselves healthy. In both scenarios, parents with special needs children may need to plan ahead to have enough prescription medication or other medical supplies on hand to meet a child's needs for the duration of the evacuation process and the first few days after getting established in a different location.
A list of items needed for comfort
Especially if a child has struggled with severe illness or has developmental disabilities, they may rely on certain items for comfort. From weighted blankets to plush toys that they need to sleep at night, there may be certain items that absolutely need to come with the family when they evacuate. Having a list of those items ready to go means that parents won't have to worry about forgetting something in an emergency situation.
Putting together an evacuation plan ahead of time can enhance the safety and quality of life of family members with special needs when the Gainesville region becomes too dangerous.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[3 times when you should update your estate plan]]>https://www.mcbelolaw.com/?p=486882023-04-06T22:25:52Z2023-04-06T22:25:52Z1. Adding new members to the family
Children drastically change someone's estate planning goals and also what they need to accomplish with their paperwork. From exploring the benefits of using a trust or a will to pass property to children to needing a guardian, there will be special elements that parents need to address in their estate plans. Every time they add new members to their family, that may change considerations like who they would name as a guardian and what resources they earmark for their children.
2. The acquisition of major assets
People constantly experience changes to their financial holdings throughout their adult lives. They may sell a starter home and move into a much bigger and more valuable property. They might inherit a business from their parents or start a successful professional practice. Valuable assets require estate plans that address them specifically both for transition to new ownership in the future and possibly estate tax and asset protection considerations.
3. Major changes to family circumstances
Divorce is a common reason for people to update their estate plans, and so is the death of an immediate family member. The diagnosis of a testator or someone in their immediate family with a major medical condition could also affect what state planning needs someone has.
Whenever there are significant changes to family circumstances or relationships, individuals may need to consider whether their estate plan still adequately addresses their needs. Making timely updates to estate planning paperwork with the assistance of a legal professional can be as important as drafting documents in the first place. Without timely updates, someone’s estate may not ultimately provide a meaningful legacy and the protection of dependent family members as intended.]]>On Behalf of Law Office of Marilyn C. Belo<![CDATA[3 reasons why anyone 18 or older needs long-term care planning]]>https://www.mcbelolaw.com/?p=486842023-02-09T02:15:22Z2023-02-09T02:15:22Z1. You can name someone you trust to make choices on your behalf
Your power of attorney and health care surrogate designation paperwork can give someone that you trust the power to act in your best interests in the event that you can no longer vocalize your own preferences.
2. You can take control over the care you receive
In the event of medical incapacitation, you can expect to receive a basic standard of care from any medical facility. If you have specific medical wishes about your care, such as opinions about life support or pain medication, you have an opportunity to explain those preferences in depth and to name someone to act to enforce those wishes.
3. You can prevent fighting among family members
Siblings, parents and other loved ones may have differing opinions about the right way to address a medical emergency. Disagreements could result and cause lasting damage to family relationships. If you take the time to provide clear instructions, you’ll minimize the possibility that your loved ones will end up fighting one another due to your medical issues.
Recognizing how vulnerable you are and creating an appropriate estate plan accordingly could benefit you in a variety of ways. As a result, it is important to treat the estate planning process with the respect and urgency it deserves.]]>