Updates from Solkoff Legal

Articles

Top 11 Rules for Getting Aging Ready

As professional planners and counselors to our clients, we know a great deal about planning ahead and anticipating future needs.  As an almost steadfast rule, however, we do not truly practice what we preach.  In most cases, we put off our own family’s planning in favor of the work we do for our clients.  This […]

Advance Health Care Directives & Anatomical Gifts

Introduction In a course on the “Essentials of Elder Law,” there can be no more a fundamental, core issue than that of end-of-life health care decision making. The right of a person to manifest his or her own health care destiny does not come from words in the constitutions of either Florida or of the […]

The Elder Law Attorney and Mrs. Baker

Rose Baker had been married to her husband, Joe, for 59 years when she first came to me. They had lived their lives together in Massachusetts and had retired to South Florida in 1992. When I came out of my office to greet Mrs. Baker in the reading room (we don’t have a “waiting” room), […]

Practical Aspects of Living Wills: Enforcement and Tricks of Trade

The Florida Bar Elder Law Section Meeting Draft for practice. Don’t worry about being superfluous. “Schiavo” provision Religious or moral objection 7-day transfer provision Shield of Liability Enumerate important, controversial or oft-used rights even when granted by statutory default. For example: “Access to my Records: My Surrogate shall have all authority to access all of […]

Report on the Patient Protection and Affordable Care Act: Its Impact on the Special Needs and Elder Law Practice

Summary More than a year after full implementation of the Patient Protection and Affordable Care Act (ACA), this article summarizes the ACA’s fundamental consumer components and covers the state of the law, what has been learned over the last year, and how it affects the Special Needs and Elder Law practice. The ACA changes the […]

Long-Term Care and Medicaid Law

The Small Print: This is an article on a fast-changing and complicated area of the law. The reader should not rely upon any information in this article as legal advice relative to a specific person or issue but rather should consult qualified counsel for up-to-date and customized advice and information. I. An Introduction to the […]

Collaboration and How Medicaid & V.A. benefits can assist with Long-Term Care

Provisioning the Caregivers: Caregivers who are armed with good information on how to locate, maintain and finance long-term care are more successful in achieving a higher quality of life for their loved ones. Multidisciplinary Action: No one professional can develop the caregiving battle plan. A collaboration of professionals is necessary but traditional referral relationships are […]

10 Tips and Treasures on Living Wills

Your goal is to set to paper your health care directions in advance of needing them. You want your wishes to be honored and most want their surrogates and family to have as safe and easy a time of it as possible. Scott Solkoff has identified some easy and very important “drafting opportunities” to consider […]

10 Questions Everyone Should Ask their Lawyer

Can my loved one sign legal documents even with dementia?  It depends. (How’s that for a lawyer’s answer?!).  It depends on how progressed is the dementia and whether, at the time the documents are to be signed, your loved one has the requisite capacity.  Courts have found that even people in the most advanced stages […]

3 Ways of Paying for Nursing Home or Assisted Living Care

Nursing homes and assisted living facilities can be very expensive but there are ways to make your long-term care dollars stretch. There are three primary methods of paying for nursing homes or assisted living facilities: Private-paying with one=s own dollars; Using insurance that covers some or all of the cost of long-term care and Need-Based […]