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.

Florida Intestacy Statute

Have you heard this statement? “If I am married, everything goes automatically to my spouse.”

There are so many issues with this statement, I don’t even know where to begin. Let’s start with the following:
Assets titled in only one name belong only to the one named. Therefore, any assets titled to the deceased, must be retitled after death with or without a Last Will & Testament. This can include bank accounts, automobiles, homes, real estate,
boats, investment accounts, retirement accounts and life insurance policies without named beneficiaries, or retirement accounts and life insurance policies with named beneficiaries who are also deceased.

A Last Will & Testament will be filed with the court and a probate case will be initiated for the re-titling of the assets to the people as prescribed by the Will as long as the Will is valid and can be proved.

If there is no Last Will & Testament, the Florida Intestacy Statute 732.101 – 732.111 prescribes who will inherit the assets. You may be very surprised to learn 732.102(3) indicates that if the decedent has lineal descendants (children) that are
not descendants of the surviving spouse, then the surviving spouse’s share of the intestate estate is one-half. You may be even more surprised to learn that if the decedent and the surviving spouse have descendants together and the surviving spouse has descendants that are not descendants of the decedent, the surviving spouse’s share of the intestate estate is one-half.

732.102 Spouse’s share of intestate estate. —The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse,
and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the
intestate estate.

Being married does not “automatically” ensure that you won’t require probate and it does not ensure that your spouse will inherit your assets. Don’t assume anything is automatic, consult with an attorney who can help you plan for and protect those you love.

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.

IS MY OUT-OF-STATE WILL VALID AND EFFECTIVE IN FLORIDA?

Most out-of-state wills are valid in Florida. If the will is in compliance with the laws of the state in which it was drafted, it will almost always be valid. The one major exception is holographic wills. Holographic wills are handwritten by the person whose will it is, signed by them, but is not witnessed. Florida does not recognize holographic wills, even if it is valid in the state in which it was drafted.

It is also important to consider the point that even if your will is valid in Florida, it might not be “selfproved.” A self-proved will is witnessed and signed by two witnesses and a Notary Public. If a will is not selfproved, the probate court will have to track down witnesses who will testify as to the validity of the will. This can prove exceptionally difficult if you have an out of state will that was drafted years and years ago. The
process of locating witnesses can be time consuming and expensive.

Is my out-of-state Will effective in Florida?

Be careful with the difference between valid and effective. Even if your will is valid in Florida, certain key provisions still might not be effective under the laws of this State. Specifically, Florida law can have significant effects on the following provisions of a will:

Homestead: Florida has very specific laws on how you can devise your homestead property.

Elective share: Florida provides for a spouse to have the option of taking an elective share if they are not satisfied with what you give them in your will.

In Florida, your personal representative must be either related to you by blood or be a Florida resident. If the personal representative you have selected in your will is neither of these things, this provision will not take effect.

Other Florida laws that can render sections of your will ineffective include the fact that Florida does not recognize common law marriages and it is not a community property rights state.

Florida probate laws are specific and complex. Make sure you have a Florida attorney review your will if you have moved to Florida from out of state.

A note about Wills: 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 local circuit court in the jurisdiction where the decedent would have a probate proceeding whether or not a probate proceeding is planned. If a probate court proceeding is necessary, the court will determine whether the will is valid.

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 a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes, and the rules governing Florida probate proceedings are found in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530).

There are two types of probate administration under Florida law: formal administration and summary administration. There is also a non-court supervised administration proceeding called “Disposition of Personal Property Without Administration.” Probate assets are those assets that the decedent owned in his or her sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision
for automatic succession of ownership at death.

Probate assets might include the following:
• A bank account or investment account in the sole name of a decedent.
• A life insurance policy, annuity contract, or individual retirement account payable to the decedent’s estate.
• Real estate titled in the sole name of the decedent, or in the name of the decedent and another person as tenants in common, is a probate asset.

Probate is necessary to pass ownership of the decedent’s assets to the decedent’s beneficiaries. Probate is necessary to complete the decedent’s financial affairs after his or her death. Probate proceedings are filed with the clerk of the circuit court, usually in the county in which the decedent lived or owned property at the time of his or her death.

The Personal Representative is appointed by the judge to be in charge of the administration of the decedent’s probate estate. The Personal Representative has the legal duty to administer the probate estate according to Florida law and may be liable to the beneficiaries for mismanagement of the decedent’s probate estate. In Florida, the personal representative is the client of the probate attorney, rather than the estate or the
beneficiaries. The attorney will render services for the benefit of the personal representative who in turn represent the estate.

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.

Disability Compensation is not a Pension benefit and is Not Means Tested, therefore the amount of income earned by the veteran is irrelevant.

.

You may be able to get disability compensation if you have a current illness or injury (known as a condition) that affects your body or mind and you meet at least one of the requirements listed below.

Both of these must be true:
1. You served on active duty, active duty for training, or inactive duty training, and
2. You have a disability rating for your service-connected condition.

AND at least one of these must be true:
A. You got sick or injured while serving in the military—and can link this condition to your illness or injury (called an in-service disability claim), or
B. You had an illness or injury before you joined the military—and serving made it worse (called a preservice disability claim), or
C. You have a disability related to your active-duty service that didn’t appear until after you ended your service (called a post-service disability claim)

Presumed disabilities
If you have a disability that’s been diagnosed by a doctor and that the VA considers to be related to your military service because of a specific aspect of that service, you may be able to get disability benefits based on this presumed disability. This usually applies to:
• A chronic (long-lasting) illness that appears within 1 year after discharge, or
• An illness caused by contact with contaminants (toxic chemicals) or other hazardous materials, or
• An illness caused by your time spent as a POW

Who’s covered?
Veterans
Qualified dependents

Compensation for Surviving Spouse and Dependents (VA DIC)
If you’re the surviving spouse, child, or parent of a Service member who died in the line of duty, or the survivor of a Veteran who died from a service-related injury or illness, you may be able to get a tax-free monetary benefit called VA Dependency and Indemnity Compensation (VA DIC).

For more information, visit the VA website at www.va.gov/disability.

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.

During my years of practice as a Registered Nurse I was often faced with providing CPR and other live saving measures to persons that only served to prolong the natural process of dying. Ventilators for breathing. Tube feedings. How often the decision maker is ill equipped and confused about what the person would have wanted.
How often I have sat with individuals who were required to make decisions who still suffer with guilt, anxiety, and a deep sense of remorse because they are 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. Terri Schiavo is just one example of many.

Health Care Surrogate: Appoint the Person most able to make decisions in accordance with your own wishes.

Advance Directives: Give the Health Care Surrogate written directions as to your wishes in order to alleviate confusion during the decision-making process and eliminate the 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.

There is an income-allowance drawback involved with spousal refusal Medicaid planning. Essentially, Medicaid says you “can’t have your cake and eat it too”. Generally, to avoid impoverishing the community spouse (who is not applying for Medicaid), the community spouse may be entitled to a portion, or all, of the
Medicaid Spouse’s income. This income diversion is referred to as the Minimum Monthly Maintenance Needs Allowance (MMMNA).

However, DCF takes the position that if the healthy community spouse is unwilling to “support” the spouse receiving Medicaid by deploying the “Spousal Refusal” strategy, then the community spouse will not be able to access the MMMNA income supplement from the Medicaid spouse that they would otherwise be
entitled to receive.

Essentially – if Spouse X refuses to share assets with Spouse Y, Spouse X then will have to do without any additional income from Spouse Y.

Since we cannot guarantee that a future Medicaid agency won’t file suit against the spouse who refuses to support the one requiring Medicaid (although we still maintain the risk is small) and some community spouses cannot do without the Medicaid applicant’s income, there is another alternative: divorce.

Divorce Alternative for Medicaid in Florida

Using an amicable divorce as a Medicaid planning strategy requires hiring two different attorneys. If everything is agreed upon, a judge would then order the allocation of assets (e.g. most to the community spouse) and can even order agreed-upon alimony payments (from the Medicaid spouse to the community spouse). Medicaid must respect a judge’s order.

Another positive aspect to an amicable divorce in a Florida Medicaid planning context is that it would allow the former spouses to live with each other if only one needs Medicaid (if that Medicaid applicant is able to live at home).

The process of getting Medicaid can be extraordinarily complex. It is best to consult with an attorney who practices in 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.