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.

Tax free pension benefits paid to wartime Veterans and their survivor(s). Widows of Veterans who remarried are eligible under certain circumstances

BASIC PENSION: Eligibility Requirements:
➢ discharged from service under other than dishonorable conditions, AND
➢ served 90 days or more of active military, naval or air service with at last 1 day                 during a period of war, AND
➢ his or her countable income is below the Maximum Annual Pension Rate, AND
➢ meets the net worth limitations, the current net worth limit amount is $150,538.                 The home, automobile and personal belongings are exempt, AND
➢ is age 65 or older OR is shown by evidence to have a permanent and total non-               serviceconnected disability, OR is a patient in a nursing home, OR is receiving             Social Security disability benefits.

AID AND ATTENDANCE: Residing in Assisting Living Facilities or receiving Home Care services by an agency or an individual or family member. Eligibility Requirements:
➢ eligible for basic pension benefits as above,
➢ AND
➢ requires the aid of another person to perform activities of daily living, such as                  bathing, feeding, dressing, toileting, adjusting prosthetic devices, or protecting                from the hazards of daily environment, OR
➢ bedridden, in that the disability or disabilities require remaining in bed apart from              any prescribed course of convalescence or treatment, OR
➢ patient in a nursing home due to mental or physical incapacity, OR
➢ corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of           the visual field to 5 degrees or less.

HOUSEBOUND: substantially confined to home. Eligibility requirements:
➢ eligible for basic pension benefits AND
➢ a single permanent disability evaluated as 100-percent disabling AND another                disability or disabilities, independently evaluated as 60-percent or more                            disabling. (Age 65 is equal to disabled for this item). These disabilities do not                  have to be service connected.

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.

“Who will make healthcare decisions for you when you cannot make them for yourself?” and; “Who will pay your bills and manage your money if you cannot do that for yourself?” and; “Who will apply for public benefits such as Medicaid for you if you cannot do that for yourself?”

Many people are unaware of the tragic circumstances that happen to people who do not have legal documents in place when they become ill or injured.

During my years of practice as a Registered Nurse I was often faced with providing CPR and other life-saving measures that only served to prolong the natural process of dying. Ventilators for breathing. Tube feedings. Often, the decision maker was ill-equipped and confused about what the person would have wanted. I have sat with
individuals who were required to make decisions and who still suffer with guilt, anxiety, and remorse because they were not at all certain that they did what the dying person wanted them to do.

Difficulties arise when patients in need of public benefits such as Medicaid have not appointed a Power of Attorney to handle these matters for them. Sometimes life-long family hurts and feuds result when adult children do not agree on the course of care for their parent and there is no document giving authority to any of them. It is these
cases that seem to involve the most suffering for everyone involved and the deepest hurts among family members.

Estate Planning is often thought of as providing for the distribution of one’s assets after death. Key to the Estate Plan is providing for what will happen to the person and their assets while they are still alive. I cannot stress this point enough. All too often persons who neglect this aspect of their planning end up requiring Court appointed Guardians
and Court proceedings to manage their care. Terry Shiavo is just one example of many.

What is…

Power of Attorney for Health Care: Appoint the Person most able to make decisions in accordance with your own wishes.

Advance Directives: Give the Power of Attorney for Health Care written directions as to your wishes in order to alleviate confusion during the decision-making process and eliminate guilt and remorse.

Power of Attorney: Appoint the Person and give the authority for them to handle your financial affairs including the long-term care provisions required for Medicaid and other public benefit applications.

Living Will: Tells others what your personal choices are about end-of-life medical treatment.

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.

10 Common Mistakes Made When Trying to Qualify for
Nursing Home Medicaid

Florida has over 685 nursing facilities in the state. In these facilities, there are over
83,500 beds and 73,000 residents. Medicaid Institutional Care Program benefits are the primary payment source for nursing home care. A little-known fact is that once Medicaid is obtained for the nursing home care, one does not have to stay in the nursing home. The benefit is transferrable to an Assisted Living Facility or even to Home Care.

• 1. Obtaining advice from relatives, friends or other non-lawyers who have
  limited knowledge or expertise with the Medicaid laws.
• 2. Believing that Medicaid rules are the same in every state.
• 3. Relying on outdated documents, poorly drafted documents, or
  documents obtained on-line for power of attorney.
• 4. Transferring assets out of the Medicaid applicant’s name without
  knowing the transfer rules and penalties.
• 5. Transferring the homestead to the adult children directly by way of a
  quitclaim deed.
• 6. Failing to plan for the event the Well-Spouse predeceases the NursingHome-Spouse.
• 7. Neglecting to disclose all known income, assets, or gifts.
• 8. Failing to realize that Medicaid rules continuously change.
• 9. Failing to plan for the possibility of needing long term care.
• 10. Assuming a loved one won’t qualify for ICP Medicaid.

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.