PARC has been providing opportunities for individuals with intellectual and developmental disabilities for over 65 years. Using a “person-centered” approach, PARC provides programs and services helping those exercise their independence and experience life to the fullest. Today PARC serves over 800 individuals, focusing on gaining new experiences and living the quality of life deserved by all.

Advocacy, housing, education, collaboration and community engagement are just some of the many examples in which PARC makes a positive contribution to community life. PARC helps children and adults focus on what they can do rather than what they are unable to do.

PARC’S MISSION:

To provide opportunities for children & adults with developmental disabilities to exercise their independence and experience life to the fullest.

PARC’S VISION:

A community where all individuals live with dignity and are treated with respect.

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

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

In 2019 the Florida Medicaid eligibility income cap for an individual is $2313.00/month gross.  What if a person needs long term care and has a monthly gross income higher than $2313.00/month?  What if they are counting on Medicaid in order to remain in a facility?

Florida Medicaid rules permit the establishment and use of a Qualified Income Trust (QIT) in order to meet the income eligibility cap.  This Trust agreement is drawn up by an attorney and signed by the Medicaid applicant or his/her Power of Attorney (POA).  The POA document must comply with the Florida Law and Medicaid rules in order to be valid in the Medicaid process.  In 2015 The Florida Law drastically changed with respect to POA documents.  POA documents drafted prior to 2015 (even if done by an attorney), and POA documents drafted in other states need to be reviewed and likely need to be redone.  Please do not wait to get POA documents done.  Dementia, Strokes, head injuries, and declining health could interfere with the ability to get POA documents later when they are critically needed to complete the Medicaid application process.  POA documents retrieved from on-line sources are most often NOT going to meet the requirements.

The Trust document indicates who will be the Trustee for the Trust account.  Usually the Trustee is the same person as the POA.  The Trust document is taken to a bank along with the POA document and a bank account is opened that will be the Trust account (QIT).

The Medicaid applicant’s monthly income is deposited into the Trust account.  The Medicaid Applicant is required to pay their income to the nursing home every month except for $130.00/month personal needs allowance.  The Trustee has the responsibility of making sure the applicant’s income goes into the account and that the nursing home is paid every month.  The applicant’s $130.00/month personal needs allowance can be kept in a different bank account for spending on personal needs such as clothing and toiletries.

The Nursing home co-pays that I have seen are averaging $170.00/day.  That is a co-pay meaning another insurance, such as Medicare is paying part of the cost.  $170.00/day quickly adds up and is $5,100.00/month.  When the other insurance stops paying, the person needing care in the facility is responsible for the total bill – not just the co-pay.  Medicaid is necessary.  The process of getting it can be very 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, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.

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

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

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

None of us want to face placing a loved one into a nursing home or needing nursing home care ourselves.  In Florida, there are approximately 700 nursing homes with 84,000 beds.  73,000 Florida residents live in nursing homes.  10,000 Americans turn 65 every day. 5% of older adults (aged 65+) live in a nursing home.  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 if the person will be safe in the alternative living situation.

Florida Medicaid.com lists some of the Common Mistakes Made in Trying to Qualify for Medicaid Nursing Home (ICP) Institutional Care Benefits

11. 1 Transferring assets out of the Medicaid applicant’s name without considering the transfer rules and penalties.
12. 1 Confusing the look-back period and the transfer penalty period.
13. 1 Transferring the homestead to the adult children directly by way of a quitclaim deed.
14. 1 Failing to plan for the event BOTH spouses enter a skilled nursing facility.
15. 1 Failing to plan for the event the Well-Spouse predeceases the Nursing-Home-Spouse.
16. 1 Making transfers without the proper authority or documentation.
17. 1 Relying on outdated or poorly drafted durable powers of attorney (or other estate planning documents).
18. 1 Neglecting to disclose all known income, assets or gifts.
19. 1 Failing to include the gross income of an applicant.
20. Improper establishment and/or maintenance of a Qualified Income Trust (QIT).
21. Failing to determine whether a nursing home accepts Medicaid payments.
22. Believing that MEDICARE pays for long-term nursing home costs.
23. Making transfers into and out of the wrongtype(s) of trusts.
24. Thinking the $11,000 gift tax exclusion is applicable to Medicaid planning.
25. Obtaining advice from people who have limited knowledge or expertise with the Medicaid laws.

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

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

In an attempt to provide better information to our clients, we have created a new website. The site is called a “Responsive Website” which means it looks one way on a computer and another way on a mobile device.

Since more people access the internet with their phones than they do with their computers, and since many people today don’t even use a computer anymore, it is important that Mangsen Law have a site that is “mobile friendly”.

The map has a handy map so to help people find the office, and information about attorney Mangsen that her clients will find useful.

Diana Mangsen has been a member of the Florida Bar since 2006. She is admitted to practice in the Florida State Courts and in the Florida Middle District Federal Court. She is also an accredited Veterans Benefits attorney.