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	<title>Boyer &#38; Jackson, P.A.</title>
	<link>http://www.boyerjackson.com</link>
	<description>Sarasota Elder Law Attorneys, Sarasota County Florida</description>
	<pubDate>Mon, 04 Aug 2008 05:28:11 +0000</pubDate>
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	<language>en</language>
			<item>
		<title>Revocable Trusts</title>
		<link>http://www.boyerjackson.com/trusts/revocable-trusts/</link>
		<comments>http://www.boyerjackson.com/trusts/revocable-trusts/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 20:54:42 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Florida Wills &amp; Trusts Lawyer :: Trusts :: Sarasota]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/the-cost-of-long-term-care/revocable-trusts/</guid>
		<description><![CDATA[A &#8220;living trust,&#8221; also known as a &#8220;revocable trust,&#8221; supplements a Last Will and Testament and when successfully funded, can allow a complete or partial avoidance of the time and expense involved in probate proceedings after death. During the trust maker&#8217;s (known as the Settlor or Grantor) lifetime, the trust is revocable, meaning property can [...]]]></description>
			<content:encoded><![CDATA[<p>A &#8220;living trust,&#8221; also known as a &#8220;revocable trust,&#8221; supplements a Last Will and Testament and when successfully funded, can allow a complete or partial avoidance of the time and expense involved in probate proceedings after death. During the trust maker&#8217;s (known as the Settlor or Grantor) lifetime, the trust is revocable, meaning property can be transferred into and out of the trust by the owner, and amendable, so that the terms of the trust relating to distributions, naming of trustees and other provisions can be altered. However, at the time of the Settlor(s)&#8217;s death, the trust becomes irrevocable. The two primary objectives of revocable trusts are to avoid probate, and to provide an alternative to guardianship should the Settlor become incapacitated. Many trusts are &#8220;joint&#8221; trusts, with husband and wife using a single trust; in other instances, husband and wife will have separarate trust documents. </p>
<p>Trusts do not always serve to reduce federal estate taxes, as most tax planning can be accomplished within a Last Will and Testament. Florida has no separate state imposed estate tax; any estate which has a gross value of more than $2,000,000 at the time of the individual&#8217;s death is required to file a tax return and to determine if tax is owed. For married couples, planning can often be done to defer any tax owed until the death of the surviving spouse. </p>
<p>There is no magic number (value of your assets) which determines whether a revocable trust makes sense to you. Instead, it is the nature of your assets and the composition of your family which will often dictate the most appropriate documents for your personalizedlan. In order to develop an appropriate estate plan and to avoid unnecessary taxes upon death, please contact our office for assistance.</p>
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		<title>2008 Long Term Care Information Sheet</title>
		<link>http://www.boyerjackson.com/the-cost-of-long-term-care/information-sheet-2/</link>
		<comments>http://www.boyerjackson.com/the-cost-of-long-term-care/information-sheet-2/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 20:45:02 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Sarasota Florida Long Term Care :: Cost of Elder Care]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/uncategorized/information-sheet-2/</guid>
		<description><![CDATA[(prepared for informational purposes only and
not intended as a substitute for legal advice)

Note:  The information provided below is based upon current laws and regulations, both state and federal.  Because Medicaid laws and regulations are subject to change, it should be understood that any planning entails risks that cannot always be anticipated. 
What does [...]]]></description>
			<content:encoded><![CDATA[<p>(prepared for informational purposes only and<br />
not intended as a substitute for legal advice)</p>
<p><strong><br />
Note:  The information provided below is based upon current laws and regulations, both state and federal.  Because Medicaid laws and regulations are subject to change, it should be understood that any planning entails risks that cannot always be anticipated. </strong></p>
<p><strong>What does “long term care” mean?</strong>	For purposes of this information sheet, long term care refers to personal services and medical care provided on an ongoing basis at home, in an assisted living facility (ALF) or a nursing home (SNF).  </p>
<p><strong>Who needs long term care?</strong>     Individuals who need assistance with certain daily tasks, known as “activities of daily living” or ADLs, often need access to long term care services.</p>
<p><strong>What are some “activities of daily living”?</strong>  Ambulation, bathing, hygiene, dressing, medication management, toileting, eating and meal preparation are some of the most commonly referred to ADLs.</p>
<p><strong>How much does long term care normally cost? </strong>  Private care in the home averages $18-$30 per hour and 24 hour care can cost $125,000 or more per year.  Assisted living facilities range from $2500 to $6500 per month, depending upon the level of care that an individual needs.  Nursing home care costs for a semi-private room alone average $200 per day in our area.</p>
<p><strong>Are government benefits available to assist in paying for long term care costs?:</strong>  The Medicaid program, founded in 1965 concurrently with Medicare, is the primary government program that helps with the cost of long term care.  Unlike Medicare, which is funded and directed solely by the federal government, Medicaid is a joint enterprise between the state and federal governments.  There are many different programs of assistance within the Medicaid system.  The nursing home program is called “Institutional Care Program”, or “ICP”.  Persons eligible for ICP receive financial assistance for the costs associated with residing in skilled nursing facilities (nursing homes).  Medicaid generally does not pay for assisted living; although a limited Medicaid waiver program and a “diversion” program may provide relief for some eligible residents.  The cost of living at an assisted living facility must usually be privately paid.</p>
<p>Once an individual meets eligibility requirements for ICP, his or her total gross monthly income is paid to the facility, less a personal needs allowance ($35) and any income permitted to be kept by a spouse living at home.  Medicaid will then pay for almost all costs, including room and board, medications and supplies.  Laundry and hair care are not covered.</p>
<p>In Florida, eligibility determinations for the Medicaid program are administered through the Department of Children and Families (DCF).  Program eligibility is determined in the office of Adult Payments.  Medical assessments are done by the CARES team, housed in the Department of Elder Affairs.  </p>
<p><strong>How can an individual pay for nursing home care:</strong></p>
<p>1.	<strong>Medicare:</strong>  Limited Medicare benefits are available to enrolled individuals who are admitted to a nursing home, but benefits are conditioned on a number of factors and no coverage is guaranteed.   Full coverage is limited to 20 days and only pays if you are admitted following a three day hospital stay, or within 30 days of such a stay, and other Medicare requirements regarding  health care must be met.  Individuals with Medicare supplement policies may have full coverage for up to an additional 80 days, if they continue to meet the Medicare skilled nursing guidelines.  After that, Medicare is OUT.  Additional benefits will be available following another hospital stay subject to time limitations.</p>
<p>	2.	<strong>Long Term Care Insurance:</strong>   This should always be considered a part of long term planning.  New products include coverage for home health and assisted living, as well as skilled nursing care.  These products must be purchased when the individual is healthy enough to qualify, so it requires advance planning.  LTC insurance should always be considered by the well spouse of an institutionalized individual.  In determining whether insurance will be of benefit, the health and resources of the applicant need to be considered.  </p>
<p>3.	<strong>Private Pay:</strong>  Individuals with the financial means to do so, may pay privately from their existing assets.  The average length of stay in a skilled nursing facility is 30-36 months.  Costs are rising sharply.</p>
<p>4.	<strong>Medicaid:</strong>   This is a joint federal/state program based upon eligibility of applicants.  Unlike Medicare benefits for acute illness, Medicaid requires a spend down of assets before chronic care will be covered.</p>
<p><strong>How can an individual qualify for Medicaid assistance? </strong> There are three basic eligibility criteria for Medicaid ICP assistance:</p>
<p>1.	<strong>Level of Care:</strong>  An applicant must need nursing home care and must receive it in a Medicaid ICP approved facility.  Required ICP levels of care include Skilled, Intermediate I and Intermediate II.  The level of care is independently verified by a CARES team from the Department of Elder Affairs (DOEA).  Florida law (under Chapter 400) defines the levels of care which can be provided for adult family care homes, assisted living facilities and skilled nursing facilities.  Facilities cannot give a higher level of care than the law allows and must discharge the resident to the next highest level of care if the patient’s needs exceed the statutory limits.  </p>
<p>2.	<strong>Income:</strong>  Florida is one of a handful of states which has established an income cap as a method of limiting eligibility.  Individual applicants whose gross monthly income exceeds the cap do not qualify for ICP assistance without establishing a “qualified income trust”.</p>
<p><strong>2007 Income Cap:  $1,911 per month</strong> </p>
<p><strong>Note:</strong>  DCF has taken the position that a Qualified Income Trust cannot be executed by an individual other than a spouse unless that individual holds a power of attorney permitting the execution of the trust.  Powers of attorney executed after October 1, 1995 must have specific authority to create the trust.  In the absence of a power of attorney, it may be necessary to seek the appointment of an emergency temporary guardian.  </p>
<p>3. <strong>Asset Limits:</strong><br />
Applicant: $2,000<br />
Spouse: $104,400</p>
<p>Exempt Assets (not counted to determine eligibility) include:<br />
1.  Homestead property<br />
2.  One Automobile<br />
3.  Home furnishings<br />
4.  Life insurance (face value cannot not exceed $2500)<br />
5.  Pre-paid funeral and burial:<br />
Irrevocable - unlimited<br />
Revocable  - value cannot exceed $2500</p>
<p>Spouses have 90 days <u>after approval of the Medicaid application</u> to complete the transfer of jointly held assets into the Community Spouse’s name alone.  All excess resources must be spent down before the applicant will be eligible for benefits.</p>
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		<title>Common Mistakes Made by Clients Attempting to Plan Alone</title>
		<link>http://www.boyerjackson.com/the-cost-of-long-term-care/common-mistakes-clients-2/</link>
		<comments>http://www.boyerjackson.com/the-cost-of-long-term-care/common-mistakes-clients-2/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 20:43:44 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Sarasota Florida Long Term Care :: Cost of Elder Care]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/the-cost-of-long-term-care/common-mistakes-clients-2/</guid>
		<description><![CDATA[

Transferring the home (or some portion of the interest in homestead property) to a non-spouse; or otherwise diminishing the nature of a homestead interest
Believing that the IRS annual gift tax exclusion (now $11,000 per year) applies to Medicaid planning transfers
Giving assets away with no understanding of the transfer penalties
Transferring assets without legal authority
Failing to disclose [...]]]></description>
			<content:encoded><![CDATA[<blockquote>
<ul>
<li>Transferring the home (or some portion of the interest in homestead property) to a non-spouse; or otherwise diminishing the nature of a homestead interest</li>
<li>Believing that the IRS annual gift tax exclusion (now $11,000 per year) applies to Medicaid planning transfers</li>
<li>Giving assets away with no understanding of the transfer penalties</li>
<li>Transferring assets without legal authority</li>
<li>Failing to disclose known income, assets or transfers</li>
<li>Failing to count all gross income in determining<br />
necessity of income trust</li>
<li>Failing to consider the personal autonomy and independence of the  applicant</li>
</blockquote>
]]></content:encoded>
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		<item>
		<title>Residents Rights in Assisted Living Facilities</title>
		<link>http://www.boyerjackson.com/the-cost-of-long-term-care/residents-rights/</link>
		<comments>http://www.boyerjackson.com/the-cost-of-long-term-care/residents-rights/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 20:40:09 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Sarasota Florida Long Term Care :: Cost of Elder Care]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/the-cost-of-long-term-care/residents-rights/</guid>
		<description><![CDATA[Please Note: Most ALFs are private businesses with whom residents sign a contract. Private companies are not subject to the stricter rules for nursing homes who participate in Medicaid or Medicare funding streams.  The protections listed below and found in Section 429.28 , Florida Statutes, are provided by the state of Florida:
(1) No resident [...]]]></description>
			<content:encoded><![CDATA[<p>Please Note: Most ALFs are private businesses with whom residents sign a contract. Private companies are not subject to the stricter rules for nursing homes who participate in Medicaid or Medicare funding streams.  The protections listed below and found in Section 429.28 , Florida Statutes, are provided by the state of Florida:</p>
<p>(1) No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the right to:</p>
<p>(a) Live in a safe and decent living environment, free from abuse and neglect.</p>
<p>(b) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy.</p>
<p>(c) Retain and use his or her own clothes and other personal property in his or her immediate living quarters, so as to maintain individuality and personal dignity, except when the facility can demonstrate that such would be unsafe, impractical, or an infringement upon the rights of other residents.</p>
<p>(d) Unrestricted private communication, including receiving and sending unopened correspondence, access to a telephone, and visiting with any person of his or her choice, at any time between the hours of 9 a.m. and 9 p.m. at a minimum. Upon request, the facility shall make provisions to extend visiting hours for caregivers and out-of-town guests, and in other similar situations.</p>
<p>(e) Freedom to participate in and benefit from community services and activities and to achieve the highest possible level of independence, autonomy, and interaction within the community.</p>
<p>(f) Manage his or her financial affairs unless the resident or, if applicable, the resident&#8217;s representative, designee, surrogate, guardian, or attorney in fact authorizes the administrator of the facility to provide safekeeping for funds as provided in s. 429.27.</p>
<p>(g) Share a room with his or her spouse if both are residents of the facility.</p>
<p>(h) Reasonable opportunity for regular exercise several times a week and to be outdoors at regular and frequent intervals except when prevented by inclement weather.</p>
<p>(i) Exercise civil and religious liberties, including the right to independent personal decisions. No religious beliefs or practices, nor any attendance at religious services, shall be imposed upon any resident.</p>
<p>(j) Access to adequate and appropriate health care consistent with established and recognized standards within the community.</p>
<p>(k) At least 45 days&#8217; notice of relocation or termination of residency from the facility unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. In the case of a resident who has been adjudicated mentally incapacitated, the guardian shall be given at least 45 days&#8217; notice of a non-emergency relocation or residency termination. Reasons for relocation shall be set forth in writing. In order for a facility to terminate the residency of an individual without notice as provided herein, the facility shall show good cause in a court of competent jurisdiction.</p>
<p>(l) Present grievances and recommend changes in policies, procedures, and services to the staff of the facility, governing officials, or any other person without restraint, interference, coercion, discrimination, or reprisal. Each facility shall establish a grievance procedure to facilitate the residents&#8217; exercise of this right. This right includes access to ombudsman volunteers and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups.</p>
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		<item>
		<title>Florida Nursing Home Bill of Resident&#8217;s Rights</title>
		<link>http://www.boyerjackson.com/uncategorized/florida-nursing-2/</link>
		<comments>http://www.boyerjackson.com/uncategorized/florida-nursing-2/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 20:36:59 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Sarasota Florida Long Term Care :: Cost of Elder Care]]></category>

		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/uncategorized/florida-nursing-2/</guid>
		<description><![CDATA[FLORIDA NURSING HOME BILL OF RESIDENT’S RIGHTS
(Edited version - see Sec. 400.022, Fla. Stat. for entire text)
All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement. The statement [...]]]></description>
			<content:encoded><![CDATA[<p>FLORIDA NURSING HOME BILL OF RESIDENT’S RIGHTS<br />
(Edited version - see Sec. 400.022, Fla. Stat. for entire text)</p>
<p>All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement. The statement shall assure each resident the following:</p>
<p>(a) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decision, which will not be infringed upon, and the right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights.</p>
<p>(b) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident&#8217;s choice during visiting hours, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations, without the resident&#8217;s losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends.</p>
<p>(c) Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. The resident has the right to deny or withdraw consent to access at any time by any entity or individual. Notwithstanding the visiting policy of the facility, the following individuals must be permitted immediate access to the resident:</p>
<p>1. Any representative of the federal or state government, including, but not limited to, representatives of the Department of Children and Family Services, the Department of Health, the Agency for Health Care Administration, the Office of the Attorney General, and the Department of Elderly Affairs; any law enforcement officer; members of the state or local ombudsman council; and the resident&#8217;s individual physician.</p>
<p>2. Subject to the resident&#8217;s right to deny or withdraw consent, immediate family or other relatives of the resident.</p>
<p>(d)  The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person; to recommend changes in policies and services to facility personnel; and to join with other residents or individuals within or outside the facility to work for improvements in resident care, free from restraint, interference, coercion, discrimination, or reprisal. The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents.</p>
<p>(e)  The right to organize and participate in resident groups in the facility and the right to have the resident&#8217;s family meet in the facility with the families of other residents.</p>
<p>(f)  The right to participate in social, religious, and community activities that do not interfere with the rights of other residents.</p>
<p>(g)  The right to examine, upon reasonable request, the results of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility.</p>
<p>(h)  The right to manage his or her own financial affairs or to delegate such responsibility to the licensee, but only to the extent of the funds held in trust by the licensee for the resident. The facility may not require a resident to deposit personal funds with the facility.</p>
<p>4. Upon the death of a resident with personal funds deposited with the facility, the facility must convey within 30 days the resident&#8217;s funds, including interest, and a final accounting of those funds, to the individual or probate jurisdiction administering the resident&#8217;s estate, or, if a personal representative has not been appointed within 30 days, to the resident&#8217;s spouse or adult next of kin named in the beneficiary designation form provided for in s. 400.162(6).</p>
<p>5. The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Medicare or Medicaid.</p>
<p>(i) The right to be fully informed, in writing and orally, prior to or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Medicare or Medicaid or not covered by the basic per diem rates and of bed reservation and refund policies of the facility.</p>
<p>(j) The right to be adequately informed of his or her medical condition and proposed treatment, unless the resident is determined to be unable to provide informed consent under Florida law, or the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident&#8217;s well-being; and, except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment, unless otherwise indicated by the resident&#8217;s physician; and to know the consequences of such actions.</p>
<p>(k) The right to refuse medication or treatment and to be informed of the consequences of such decisions, unless determined unable to provide informed consent under state law. When the resident refuses medication or treatment, the nursing home facility must notify the resident or the resident&#8217;s legal representative of the consequences of such decision and must document the resident&#8217;s decision in his or her medical record.</p>
<p>(l) The right to receive adequate and appropriate health care and protective and support services, including social services; mental health services, if available; planned recreational activities; and therapeutic and rehabilitative services consistent with the resident care plan.</p>
<p>(m) The right to have privacy in treatment and in caring for personal needs; to close room doors and to have facility personnel knock before entering the room, except in the case of an emergency or unless medically contraindicated; and to security in storing and using personal possessions. Privacy of the resident&#8217;s body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance.</p>
<p>(n) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.</p>
<p>(o) The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and from physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency. In case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and, in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety.</p>
<p>(p) The right to be transferred or discharged only for medical reasons or for the welfare of other residents, and the right to be given reasonable advance notice of no less than 30 days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the nursing home, or in the case of conflicting rules and regulations which govern Medicare or Medicaid. For nonpayment of a bill for care received, the resident shall be given 30 days&#8217; advance notice. A licensee certified to provide services under Medicaid may not transfer or discharge a resident solely because the source of payment for care changes. Admission to a nursing home facility operated by a licensee certified to provide services under Title XIX of the Social Security Act may not be conditioned upon a waiver of such right, and any document or provision in a document which purports to waive or preclude such right is void and unenforceable&#8230; The resident and the family or representative of the resident shall be consulted in choosing another facility.</p>
<p>(q) The right to freedom of choice in selecting a personal physician; to obtain pharmaceutical supplies and services from a pharmacy of the resident&#8217;s choice, at the resident&#8217;s own expense or through Medicaid and to obtain information about, and to participate in, community-based activities programs, unless medically contraindicated as documented by a physician in the resident&#8217;s medical record.</p>
<p>(r) The right to retain and use personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident&#8217;s medical record by a physician. If clothing is provided to the resident by the licensee, it shall be of reasonable fit.</p>
<p>(s) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents.</p>
<p>(t) The right to receive notice before the room of the resident in the facility is changed.<br />
(u) The right to be informed of the bed reservation policy for a hospitalization. The nursing home shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to 30 days provided the nursing home receives reimbursement. Any resident who is a recipient of assistance under Medicaid or the resident&#8217;s designee or legal representative, shall be informed by the licensee that his or her bed will be reserved for any single hospitalization for the length of time for which Medicaid reimbursement is available, up to 15 days; but that the bed will not be reserved if it is medically determined by the agency that the resident will not need it or will not be able to return to the nursing home, or if the agency determines that the nursing home&#8217;s occupancy rate ensures the availability of a bed for the resident. Notice shall be provided within 24 hours of the hospitalization.</p>
<p>(v) For residents of Medicaid or Medicare certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under Title 42 C.F.R. part 483.13.</p>
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		<item>
		<title>Long-Term Care Ombudsman Program Department of Elder Affairs</title>
		<link>http://www.boyerjackson.com/the-cost-of-long-term-care/long-term-ombudsman-2/</link>
		<comments>http://www.boyerjackson.com/the-cost-of-long-term-care/long-term-ombudsman-2/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 20:34:33 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Sarasota Florida Long Term Care :: Cost of Elder Care]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/the-cost-of-long-term-care/long-term-ombudsman-2/</guid>
		<description><![CDATA[Florida’s Long-Term Care Ombudsman Program is a volunteer-based organization seeking  to improve the quality of life of frail, vulnerable elders who live in long-term care settings, including nursing homes, assisted living facilities and adult family care homes.  Their mission is to protect the human and civil rights of residents while ensuring their health, [...]]]></description>
			<content:encoded><![CDATA[<p>Florida’s Long-Term Care Ombudsman Program is a volunteer-based organization seeking  to improve the quality of life of frail, vulnerable elders who live in long-term care settings, including nursing homes, assisted living facilities and adult family care homes.  Their mission is to protect the human and civil rights of residents while ensuring their health, safety and dignity.  </p>
<p>Ombudsmen advocate for residents of skilled nursing facilities, assisted living facilities and adult family care homes.  The program is housed within the Department of Elder Affairs (DOEA).  The Long-Term Care Ombudsman Program is comprised of 17 local councils across Florida, all offering free, localized services to residents of long-term facilities and their families.  Ombudsmen investigate and resolve complaints submitted by, or on behalf of residents of long-term facilities who are 60 years of age or older.  </p>
<ul>
In addition, ombudsmen:</p>
<li>Provide information regarding long-term care facilities</li>
<li>Annually inspect each long-term facility to ensure the health, safety and welfare of the residents.</li>
<li>Provide technical support for the development of resident and family councils on facilities.</li>
<li>Conduct community education sessions on resident rights and other relevant issues affecting long-term care residents.</li>
</ul>
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		<title>Irrevocable Trusts</title>
		<link>http://www.boyerjackson.com/trusts/irrevocable-trusts-2/</link>
		<comments>http://www.boyerjackson.com/trusts/irrevocable-trusts-2/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 19:11:00 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Florida Wills &amp; Trusts Lawyer :: Trusts :: Sarasota]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/trusts/irrevocable-trusts-2/</guid>
		<description><![CDATA[Irrevocable trusts are trust which cannot be revoked from the inception of the document.  Generally, irrevocable trusts are used for estate tax planning purposes and occasionally for long term care planning.  Because they may lack flexibility, an irrevocable trust will only be used to address specific needs.
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			<content:encoded><![CDATA[<p>Irrevocable trusts are trust which cannot be revoked from the inception of the document.  Generally, irrevocable trusts are used for estate tax planning purposes and occasionally for long term care planning.  Because they may lack flexibility, an irrevocable trust will only be used to address specific needs.</p>
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		<title>The Collector of Bedford Street</title>
		<link>http://www.boyerjackson.com/topics/collector-bedford-street/</link>
		<comments>http://www.boyerjackson.com/topics/collector-bedford-street/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 13:17:49 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Current Topics]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/topics/collector-bedford-street/</guid>
		<description><![CDATA[
The Academy Award nominated The Collector of Bedford Street is a 34 minute documentary about filmmaker Alice Elliott&#8217;s neighbor, Larry Selman, a community activist and a fundraiser who has an intellectual disability. When Larry’s primary caregiver becomes unable to care for him, his New York City neighborhood community rallies together to protect his independent lifestyle [...]]]></description>
			<content:encoded><![CDATA[<p><a href='http://www.boyerjackson.com/wp-content/uploads/2008/07/collector_poster.gif' title='collector_poster.gif'><img src='http://www.boyerjackson.com/wp-content/uploads/2008/07/collector_poster.thumbnail.gif' alt='collector_poster.gif' /></a></p>
<p>The Academy Award nominated The Collector of Bedford Street is a 34 minute documentary about filmmaker Alice Elliott&#8217;s neighbor, Larry Selman, a community activist and a fundraiser who has an intellectual disability. When Larry’s primary caregiver becomes unable to care for him, his New York City neighborhood community rallies together to protect his independent lifestyle by establishing an adult trust fund in his behalf. The Collector of Bedford Street has screened on television and at festivals and events all over the world, and Larry continues to raise thousands of dollars for charity every year.  For more information, please visit http://welcomechange.org/films.   </p>
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		<title>Sarasota: A Community For All Generations</title>
		<link>http://www.boyerjackson.com/topics/sarasota-community/</link>
		<comments>http://www.boyerjackson.com/topics/sarasota-community/#comments</comments>
		<pubDate>Tue, 13 May 2008 19:02:51 +0000</pubDate>
		<dc:creator>laura</dc:creator>
		
		<category><![CDATA[Current Topics]]></category>

		<guid isPermaLink="false">http://www.boyerjackson.com/topics/sarasota-community/</guid>
		<description><![CDATA[
Attorney Mary Alice Jackson is chairing the Leadership Council for Sarasota: A Community for All Generations.  This interview originally appeared in the May 2008 Prime Times, published by the Herald-Tribune for Senior Friendship Centers.
What is Sarasota a Community for All Generations and how will it change what we see as the face of Sarasota [...]]]></description>
			<content:encoded><![CDATA[<p><img src='http://www.boyerjackson.com/wp-content/uploads/2008/05/maj-headshop-final-41708.thumbnail.jpg' alt='maj-headshop-final-41708.jpg' /></p>
<p><em>Attorney Mary Alice Jackson is chairing the Leadership Council for Sarasota: A Community for All Generations.  This interview originally appeared in the May 2008 Prime Times, published by the Herald-Tribune for Senior Friendship Centers.</em></p>
<p><strong>What is Sarasota a Community for All Generations and how will it change what we see as the face of Sarasota now?</strong></p>
<p>Think of a jigsaw puzzle that has hundreds of parts.  The puzzle includes opportunities for personal education and enhancement, civic engagement and volunteerism, human service programs which provide information and assistance with health issues, socialization, culture, safety, transportation, advocacy and assessment.</p>
<p>Sarasota a Community for All Generations works to arrange the pieces of the puzzle so that community needs are identified and met, and to glue the pieces together for a seamless entry to these community opportunities.  We don&#8217;t operate specific programs, but we do examine what is available in the community, what is missing, what the community needs are, and how to fill unmet needs.</p>
<p>Life is a continuum of transitions: early education, work life, family development, career satisifaction, traditional retirement, volunteerism and health challenges.  Sarasota is a place where all of thses things happen, and we are also a community where many people have chosen to spend the second half of their lives.  It should be effortless to live in Sarasota County because we have anticipated what people need at all stages of life.  Let&#8217;s eliminate stumbling blocks and create convenient transportation routes, information and referral at a touch of a button, adaptable housing and user friendly zoning, targeted human services, creative opportunities, the harnessed knowledge and energy of one generation to assist another.</p>
<p><strong>Why is it important to address this now?</strong></p>
<p>First, no matter the timeframe, we all want our community to be the best that it can be.  Everyone counts, irrespective of age, income, or heritage.  And everyone has something to offer - our role is to ensure that those offerings have a place to land.  Personal enhancement, professional enhancement and civic engagement create an energized society.</p>
<p>This community has it all right now, and leads the country in the number of people who are transitioning or have transitioned from work life to &#8220;retirement&#8221;, or to another phase of work.  We can create a model for other communities to follow - a community that serves the personal and collective needs of its residents.</p>
<p>Sarasota a Community for All Generations is a facilitator, behind the scenes.  We have three subgoups that work at the connectedness efforts I&#8217;ve described: the Community Engagement subgroup, Creative Aging, and Aging in Place.  Those subgroups thak an indepth look at what is currently available, and work to encourage streamlining of existing efforts and organizations, as well as to identify areas in which the Leadership Council needs to advocate for policy change with local, state, or federal governments.  </p>
<p>Leadership members include representatives from our Community Foundations, SCOPE, county government, citizen activists, Economic Development, leading service providers and aging experts.</p>
<p><strong>What can we do now that will have an impact on the future?</strong></p>
<p>For some of us, the future is here.  We don&#8217;t want to create an infrastructure of community life that works for the next generation, we want to identify and highlight what we have now, and push the agenda for today&#8217;s residents.  In doing so, we will be able to recognize what activities, services and research makes a community work for the residents of future generations, too.</p>
<p>None of this is meant to be abstract.  Personal relationships are the foundation of human life, and communitites always need to step up and respond to the needs of their residents - for educations, health care, housing, jobs, socialization, recreation.  We have a large county and residents with diverse interests and needs.  Let&#8217;s be certain that our needs and interests are recognized and that there are opportunities to meet them.  SCOPE has worked on the concept of Asset Based Community Development: our citizens are our assets, they have individual talents and experience which can be used to strengthen neighborhoods and serve one another.  Our role is to make sure they have the opportunity to do so.</p>
<p><strong>May is Older Americans Month.  This year&#8217;s theme is Working Together for Strong, Healthy, and Supportive Communities- how does this tie into a Community for All Generations?</strong><br />
The two themes are interchangeable - and Working Together perfectly describes what works to facilitate Sarasota a Community for All Generations.  Harnessing talents for the strength, health and support of one another.  </p>
<p>I want to emphasize that while the work of Sarasota a Community for All Generations is to identify, define and create, we are not implementers.  The actual community creation is done right now, every day, by people who are already engaging in civic work, volunteering or working in ways that enhance health, economic security and personal satisfaction.  Those residents are shaking the trees, looking to meet existing needs and identifying new ones.</p>
<p>Everyone is part of the effort, and everyone needs to step up to the plate and see themselves as important to this community, regardless of how minimal they view their contribution to be.  We know that it is a coalescence of individual contributions which makes a community happy and successful.</p>
<p>Now is the time to increase, or initiate your personal involvement with libraries, human service organizations, environmental groups, development issues, job training, or whatever your particular talent or interest might be.</p>
<p><em>Mary Alice Jackson is a Florida native, board certified by the Florida Bar in elder law and a partner in the firm of Boyer &#038; Jackson, PA.  She currently serves as Vice Chair of the Board of Directors of Senior Friendship Centers, as well as chair of the Leadership Council for Sarasota: A Community for All Generations.</em></p>
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		<title>Dena DeGarmo</title>
		<link>http://www.boyerjackson.com/staff/dena-degarmo/</link>
		<comments>http://www.boyerjackson.com/staff/dena-degarmo/#comments</comments>
		<pubDate>Fri, 04 Jan 2008 17:08:14 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Staff]]></category>

		<guid isPermaLink="false">http://76.12.111.85/staff/dena-degarmo/</guid>
		<description><![CDATA[
Dena is the legal assistant to Andrew R. Boyer, Esq., and focuses on probate work. She is originally from Kentucky and has lived in Florida since 1992. After living in Clearwater for 12 years and working primarily in the areas of probate and family law, Dena relocated to Sarasota County three years ago.
Dena became a [...]]]></description>
			<content:encoded><![CDATA[<p><img src='http://76.12.111.85/wp-content/uploads/2008/02/dena.jpg' alt='Dena DeGarmo' /></p>
<p>Dena is the legal assistant to Andrew R. Boyer, Esq., and focuses on probate work. She is originally from Kentucky and has lived in Florida since 1992. After living in Clearwater for 12 years and working primarily in the areas of probate and family law, Dena relocated to Sarasota County three years ago.</p>
<p>Dena became a certified SCUBA diver three years ago and loves the opportunity to explore and discover the world under the sea</p>
<p><a href="mailto:ddegarmo@boyerjackson.com?subject=Website Contact">Click here to e-mail this person</a></p>
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