We receive calls at Mangsen Law from friends and family members reporting that their loved one has been the victim of financial exploitation. Anger, outrage and disbelief are just some of the feelings that the callers express. They want to do something to help, and they don’t know what to do. We offer the following suggestions to anyone who finds that a vulnerable friend or family member has been the victim of financial exploitation (improper taking of money/property):

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1. Immediately call Adult Protective Services to report suspected abuse, neglect, or
financial exploitation 1-800-96-ABUSE (1-800-962-2873) and report the same to the local police.
2. If your friend or family member has capacity but is a vulnerable adult, they can sue for undue influence and exploitation of a vulnerable adult because they have a cause of action against the perpetrator and may recover actual and punitive damages and they can sue for theft and they have a cause of action for threefold the actual damages, reasonable attorney’s fees and court costs.
3. If the vulnerable adult is believed to have been incapacitated at the time of the
transactions, an incapacity petition could be filed to determine your friend or family member’s incapacity and extrapolate back to the date of the transactions and have an expert give an opinion that the victim was probably incapacitated at the time of the transactions. That would be evidence to use to unwind the transactions that were done.
4. Depending on the facts, perhaps claims for embezzlement, fraud, fraud in the
inducement, misrepresentation, misappropriation, and a host of others could be made and proven to unwind transactions that took place and to hold the perpetrator accountable.
5. Using a Power of Attorney (POA) document does not in any way exempt a perpetrator who has committed any of these offenses.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

1. It can be extremely challenging to get qualified for Long Term Medicaid. It is important to know that there are additional requirements that must be met after Medicaid coverage is established.
2. This article will cover two of those requirements that are most often faced by Long Term Care (LTC) Medicaid beneficiaries and their families. LTC Medicaid can be established for nursing home care, a waiver program, or the PACE program.

3. Annual Review. Each year, the LTC Medicaid beneficiary is required to produce evidence of all the assets they own. In a case where there is a community spouse, only the assets belonging to the Medicaid beneficiary are counted. Assets that the community spouse has or has acquired since the date their spouse was granted Medicaid eligibility are not counted. The Medicaid recipients bank statement is usually all that evidence that is needed. A notice is sent by mail to the responsible
person and to the facility that the annual review is due. If no one responds to that notice, a new Medicaid application will be required.

4. Change of Circumstances. Whenever a Medicaid beneficiary has a change in income or assets, the Medicaid reviewing agency (Department of Children and Families DCF) must be notified. INCOME decreases must be reported to reduce the Medicaid recipient’s monthly financial obligation to the facility. Income increases should be evaluated to make sure the income eligibility cap is met. The current eligibility cap is $2829/mo. for an individual and that amount changes at least annually. If
the Medicaid recipient’s income is over the eligibility cap, then a Medicaid compliant Trust needs to be established and used to hold income amounts over the eligibility cap amount to maintain the Medicaid eligibility. ASSET changes should be reviewed with an attorney who handles Medicaid cases to determine asset protection measures that can be taken to maintain the Medicaid coverage and protect the assets in question. Some examples of Medicaid beneficiary assets that change post eligibility might be selling real estate (homestead or non-homestead), inheritance, or recovery in a lawsuit. If DCF is not notified and later finds out, Medicaid will be terminated, and DCF will file a
claim for repayment for the period that the Medicaid beneficiary was in possession of assets more than the resource limit ($2000.00). Unreported transfers of assets may not only result in future Medicaid disqualification but may also cause criminal liability.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

What if a married person needs long term care but their spouse does not? What if they
own their own home and they have retirement accounts and money in the bank? Do
they have to spend everything before Medicaid will be available for the spouse needing
long term care?

The Florida Medicaid rules are in line with the Federal law that prohibits the impoverishment of a community spouse. In other words, the cost of long-term care for
one spouse must not make the other spouse destitute. There are multiple asset and
income rules that provide for the community spouse.

One example of a Medicaid eligibility income rule for married couples is the Minimum
Monthly Maintenance Needs Allowance (MMMNA). The spouse needing long term care
may be the same spouse whose income the couple has relied on to sustain themselves
in the community. The rule prevents income from going to the nursing home to pay for
the institutionalized spouse when that income is needed by the community spouse within certain parameters.

One example of a Medicaid eligibility asset rule for married couples is the Community
Spouse Resource Allowance (CSRA). In 2024, A spouse who continues living at home
while their partner receives long-term care coverage through Medicaid can keep up to
$154,140.00 in assets. Homestead property is also exempt from Medicaid.

What if the couple has income and/or assets over the Medicaid eligibility caps and CSRA amounts? I will cover these issues in the following months Newsletters, stay tuned.

The process of getting Medicaid for long term care can be very complex. It is best
to consult with an attorney who practices Medicaid Law.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

As the new year approaches it’s a good time to consider your Estate Plans. Put a reminder into your calendar to review your estate plan at least every 3 years and determine if there are any changes you want or need to make.

Prepare a list of the people you have named in your documents along with their mailing addresses, email addresses, and phone numbers and keep this list with your estate plan documents. Update this “contact information list” annually. If you don’t have Estate Plan documents yet, consider who you would like to name in your documents and prepare a list of their names and contact information and then make an appointment with a Florida attorney to discuss your Estate Plan goals.

If you have relocated to Florida, make an appointment to have your estate plan documents reviewed. I am frequently asked whether one needs to update their estate plan documents when establishing Florida as their permanent residence. The answer is “it depends”. An out-of-state Will may be valid in Florida. The only way to
know for sure is to have it reviewed by a Florida attorney.

Power of attorneys created in other states most often do not align with the Florida requirements and it is a significant mistake for snowbirds and for people who move to Florida permanently who fail to have these documents reviewed and updated as necessary. There are substantial differences between state laws concerning Powers of Attorney and other estate plan documents and these documents should be reviewed here in Florida to ensure they comply with Florida law.

There are significant reasons why a will or trust drafted under Florida law may be more favorable than an out-ofstate version. Estate and inheritance taxes differ from state to state. Unlike many other states, Florida has no estate tax and no inheritance tax. Assets are probated depending on where an individual lives, owns property, and holds assets. State law affects the amount of taxes the estate and beneficiaries may have to pay. Another benefit of Florida residency is that Florida’s state constitution contains its Homestead Law that provides in part that the homestead property of those who are domiciled in Florida is protected from the claims of creditors. Homestead property can be passed from one’s estate to blood relatives without being subject to the claims of
the creditors of the decedent. For these reasons, some snowbirds decide to change their domicile to Florida and establish their estate plans under Florida law.

A false sense of security exists for those who have out-of-state documents that are ineffective in Florida. Ineffective documents are often discovered when a crisis happens in Florida and the documents cannot be relied upon. The worst time to find out that documents are not effective is during a crisis.

Give yourself and your loved ones the gift of providing a true sense of security and direction for the years to come by having your estate plan documents created and periodically reviewed. If you are a snowbird or have out-of-state documents give yourself the gift of having your documents reviewed in Florida.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

Recent Surveys find that about 40% of adult Americans own a gun or live in a household with someone who does. Read the article titled “Key Facts About Americans and Guns” by Katherine Shaeffer at the following link:https://www.pewresearch.org/fact-tank/2021/09/13/key-facts-about-americans-and-guns/

The American Public Health Association found that a firearm is the most common means of suicide in the United States and that rates of firearm suicide are highest among those age 75 years or older. Read the article titled “Current Considerations About the Elderly and Firearms” by Brian Mertens and Susan B. Sorensen, PhD at the following link: https://www.ncbi.nlm.nih.gov7668//pmc/articles/PMC348

Each of us must consider the mental status of every household member. We should engage in discussions with our family members or with trusted friends or professionals about guns in the home and any risk to household members and caregivers.\

It is important to discuss your gun ownership with your attorney to determine the best course of action regarding your guns and your estate plan in consideration of your own individual circumstances.

You might consider using a Florida Gun Trust which can purchase and own Title II firearms. A Florida Gun Trust helps avoid the criminal liability of owning, using, and sharing a Title II gun. Title II firearms can be used by any of the qualified trustee members that are not prohibited from owning a Title II firearm.

If you don’t have a Florida Gun Trust, consider whether the person you named as your power of attorney is legally authorized to possess and transfer weapons. Is that person aware that you have weapons? Consider what will happen to your guns after you pass away. What do you want to happen to them? Is the person you named as personal representative of your Will someone who is legally authorized to
possess and transfer weapons? Is that person aware that you have weapons? Is that person comfortable with distributing weapons to your beneficiaries? Are your beneficiaries legally authorized to possess firearms? Are your intended beneficiaries in other states? State laws vary on this topic.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

Reporting and Stopping the Abuse, Neglect and Exploitation of Vulnerable Adults.

The Adult Protective Services Program is a division of the Florida Department of Children and Families and is responsible for preventing further harm to vulnerable adults who are victims of abuse, neglect, exploitation, or self-neglect. (Chapter 415, F.S.). These adults may experience abuse, neglect, or exploitation by second parties or may fail to take care of themselves adequately.

“Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. A vulnerable adult may still possess the legal capacity (competency) to sign a will or enter into a contract, but still be vulnerable to undue influence or financial abuse.

Many older people face a reduction in wealth in late life due to extraordinary health-care expenses, but the concern for vulnerable adults is quite different: Wealth can be drained away by predatory family members, caregivers, or unscrupulous professionals. Liability can be imposed upon anyone who is trusted by a vulnerable person, and then takes monetary advantage of the vulnerable adult.

Pursuant to section 415.1034, Florida statutes, any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited has a duty to immediately report such knowledge or suspicion to the central abuse hotline.

The Hotline phone number: 1-800-96Abuse (800-962-2873).

After reporting to the Hotline, A Petition for an injunction for Protection can be filed with the Court.

Some examples of Exploitation Per 825.103(1), Florida Statutes: Depriving the vulnerable adult of their funds or property; Breach of fiduciary duty to the vulnerable adult. (any person the vulnerable adult trusts HAS a Fiduciary duty). Bank account misuse. Failure to provide necessities.

A Petition may be filed by: A vulnerable adult in imminent danger of being exploited. The guardian of a vulnerable adult who is in imminent danger of being exploited. A person or organization acting with the consent of the vulnerable adult, or his or her guardian. A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.

The petition should be filed in the county where the Vulnerable Adult currently or temporarily resides. If the Vulnerable Adult has a court appointed guardian, the petition should be filed in that same guardianship case where the guardian was appointed.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

A Do Not Resuscitate Order (DNRO) is a Doctor’s Order not a Court Order. The Order is prepared by a person with their physician. A form developed by the Florida Department of Health is used for the Order and is prepared by people who do not wish to be resuscitated in the event of respiratory or cardiac arrest. A DNRO is a physician’s order to withhold or withdraw resuscitation if a patient goes into cardiac or
pulmonary arrest. It is part of the prescribed medical treatment plan and must have a physician’s signature. The DNRO has no expiration date.

SPECIAL NOTICE – Per Florida Administrative Code 64J-2.018 this form MUST be printed on YELLOW PAPER to be a legally recognized form. Once you have the form completed, make several copies on yellow paper, and keep them in a readily accessible place because when you provide a copy to an EMT or a healthcare organization the document may not be returned to you.

The bottom of Form 1896 may be completed by the patient and physician, removed from the form, and laminated so it can travel with the patient. It is equally as valid as the DNRO form.

The DNRO should be kept in a noticeable, easily accessible place such as the head or foot of a bed, or on
the refrigerator. It should be readily available in the event of an emergency to ensure that the patient’s wishes will be honored.

Without a DNRO, health care providers are bound by law to make efforts to resuscitate, and if they don’t make these efforts, they are subject to criminal prosecution and civil liability.

The DNRO can be revoked at any time either orally or in writing, by physical destruction, by failure to present it, or by orally expressing a contrary intent by the patient. Only those that signed the form (patient, power of attorney, surrogate, or healthcare proxy) may revoke the form, 64J-2.018, FAC.

Emergency services or 9-1-1 can be called for the patient whether there is a DNRO or not. Emergency medical services are part of the community and provide appropriate care as needed in many capacities. A DNRO only means that in the event of cardiac or pulmonary arrest CPR will not be initiated. Comfort care measures, such as oxygen administration and pain management, will still be used and transportation to the hospital may be needed. Give the DNRO order to the EMTs.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

Unclaimed Property is a financial asset that is unknown or lost, or has been left inactive, unclaimed, or abandoned by its owner. The most common types of unclaimed property are dormant bank accounts, unclaimed insurance proceeds, stocks, dividends, uncashed checks, deposits, credit balances and refunds. Unclaimed property also includes contents from abandoned safe deposit boxes in financial institutions.

Why do the accounts come to the state?
Chapter 717, Florida Statutes, requires the unclaimed property assets be held by business or government entities (holders) for a set period of time, usually five years. If the holder is unable to locate, re-establish contact with the owner and return the asset, it is reported and remitted to the Florida Department of Financial Services, Division of Unclaimed Property.

Are any efforts made to find owners? What if money is not claimed?
Businesses (holders of unclaimed property) are required to try to locate the owner, but when their attempts fail, they report the property and the owner’s name, last known address, and other information to the Department.

Citizens have the right to claim their property, at no cost, any time, regardless of the amount.

What does the State do with the money before it is claimed?
Unclaimed funds are deposited into the State School Fund and used to support public schools. However, the original amount reported can always be claimed by the owner, or his/her heirs, at no cost.

Why search for Unclaimed Property? Because you may find accounts you are entitled to claim! The Department makes these accounts available in a searchable, interactive database, available free of charge, 24 hours a day, and allows claimants to initiate a claims process (with instructions) for accounts they believe
they are entitled to claim.

There is no statute of limitations on unclaimed property in Florida. Account owners, or their heirs, can claim their funds indefinitely, free of charge.

Go to: FLTreasurehunt.gov

Each state has similar rules and most have searchable websites so it would be wise to search in Florida and in all other states you have lived.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

Probate is the Court process required for distributing a deceased person’s property.

The decedent’s property (estate) is distributed according to the law and to the instructions provided in their will, after the will is shown to be valid. A deceased person without a will is said to be “intestate”. Intestate proceedings distribute the decedent’s property according to state laws of intestate succession. With or without a will, a deceased person’s estate must be settled and distributed (“probated”). It is a legal
process. Here are just some of the steps involved:

The Will is filed with the Court. Florida law requires that anyone who has possession of a will must file it within 10 days of the death of the testator with the circuit court that would have jurisdiction over a probate proceeding for the decedent.

With or without a Will, the process is initiated by filing a “Petition for Probate” with the probate court that has jurisdiction and venue for the case.

Personal Representative. The Personal Representative swears under oath to the court that they will distribute the decedent’s assets according to law. The personal representative is responsible for handling and distributing the estate. Some Florida jurisdictions require the personal representative to obtain a
probate bond.

Once the Court is satisfied that the personal representative has met all the requisite requirements, Court orders of appointment and letters of administration are issued by the judge presiding over the case.

Though local requirements vary, notice of administration is the next step. Notice is meant to give those with a legitimate interest in the estate knowledge of the proceeding.

The Court requires an inventory of the estate. An inventory should include real estate, personal property, bank accounts, etc.

A decedent’s estate is responsible for their debts and taxes. Very large estates may also be subject to the federal estate tax. Florida does not impose an estate tax, but a few states do.

Florida has specific laws that may exempt a decedent’s homestead property from creditor claims. This is an important factor in the case analysis.

After the debts and taxes are paid and the creditor period has run, the remaining property can be distributed to the heirs. Again, this will be done according to the decedent’s will if one exists or according to state laws of intestate succession if one does not.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

The number one reason to plan ahead for a health care crisis is peace of mind for yourself and for your loved ones.

It has become more important than ever before to leave a guide for others to follow if you become unable to speak for yourself, due to illness or accident.

Healthcare providers must preserve life. Technology continues to advance medical treatment options. Have you considered the healthcare treatments you would and would not want? Have you discussed your preferences with your loved ones? What if you could not speak for yourself? Have you executed documents giving advance directives for your loved ones and the health care team to follow?

What is a Do Not Resuscitate Orders (DNR)?

Do Not Resuscitate orders are signed by the patient and their physician when deciding not to be resuscitated in the event of cardiac or respiratory failure and imminent death. In Florida, the form is printed on yellow paper, otherwise EMTs will not abide by it. Keep a cop on your refrigerator with a magnet and a small copy in your wallet or purse. You can get the form on-line at the Florida department of Health website.

Do you want your Organs or Tissue donated? Organ donation can be added to your driver’s license and be sure to include your preference in your documents.

Do other people know what your wishes are? What are your concerns? Please share your wishes and your concerns with your physicians, your family, and your friends.

What is the one thing that you want to be sure your doctors, family and friends know about your wishes?

Take this valuable opportunity to reflect on what’s important and share with your loved ones. Discussion and documentation must happen before a crisis. Open discussion and communication of one’s wishes and concerns along with properly executed legal documents prior to a crisis provide comfort to you and to your loved ones.

It is up to YOU to initiate the conversation and to explore documents such as a Healthcare Surrogate, Durable Power of Attorney for Healthcare, Healthcare Agent, or Proxy, HIPPA release and Living Will.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.