Monthly Archives: April 2018

Alternatives To Formal Administration In Florida

Florida law provides for several alternate abbreviated probate procedures other than the formal administration process.   “Summary Administration” is generally available only if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors; for example, homestead real property in many circumstances) is not more than [...]

By | 2018-06-27T02:38:35+00:00 April 17th, 2018|

Who Supervises The Probate Administration?

A circuit court judge presides over probate proceedings. The judge will rule on the validity of the decedent’s will, or if the decedent died intestate, and will consider evidence to confirm the identities of the decedent’s heirs as those who will receive the decedent’s probate estate. If the decedent had a will that nominated a [...]

By | 2018-06-27T02:33:21+00:00 April 17th, 2018|

Special Policies That Apply To Spouses For FL Medicaid

Resources and income are evaluated for married couples when one spouse is institutionalized and one spouse continues to live in the community (referred to as the “community spouse”) when applying for the Institutional Care Program (ICP), Institutional Hospice, HCBS Waiver (Cystic Fibrosis, iBudget SMMC LTC only) or PACE Programs. Resources at Application: All resources of [...]

By | 2018-06-27T02:50:42+00:00 April 13th, 2018|

What Is A Power Of Attorney?

A power of attorney is a legal document in which a person creating it (referred to as the "principal") delegates authority for legal decisions to be made by another (referred to as the "agent"). The power of attorney can encompass a wide range of acts to be delegated to the agent or only enable the [...]

By | 2018-06-27T02:15:22+00:00 April 8th, 2018|

What Is A Will?

A will is a written document that controls the disposition of a person's property at that person's death. Each state sets their own formal requirements in order for a will to be legal. A properly executed will allows a person to make decisions on who will receive property rather than the decision having been made [...]

By | 2018-06-27T02:16:12+00:00 April 8th, 2018|

What Is Florida Statewide Medicaid Managed Care?

Most Florida Medicaid recipients are enrolled in the Statewide Medicaid Managed Care (SMMC) Program. The Agency For Health Care Administration is responsible for administering the SMMC program and re-procuring health plans every five years. The SMMC program has two components, the Long-term Care (LTC) program and the Managed Medical Assistance (MMA) program.   Medicaid recipients [...]

By | 2018-06-27T02:35:04+00:00 April 5th, 2018|

Who Can Be A Personal Representative?

The personal representative is the person, bank or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. To qualify to serve as a personal representative, an individual must be either a Florida resident or, regardless of residence, a spouse, sibling, parent, child or other close relative [...]

By | 2018-06-27T02:32:08+00:00 April 4th, 2018|

Calculating Patient Responsibility For FL Medicaid

Medicaid coverage for ICP, Hospice, HCBS (SMMC LTC, iBudget, and Cystic Fibrosis) and PACE programs may have a patient responsibility based on the individual’s gross monthly income and their placement. The amount of the patient responsibility is determined by subtracting the personal needs allowance (PNA) and other allowable deductions from the individual’s gross monthly income. [...]

By | 2018-06-27T02:49:43+00:00 April 2nd, 2018|