Stephanie L. Schneider, PA



This edition discusses the benefits to you and your family by consulting with our elder law firm when placing your loved one in a facility (Rehabilitation; Independent/Assisted Living; Skilled Nursing). My Board Certification, years of experience and specialized knowledge can save you time, frustration and money, and give you peace of mind.
We look forward to being Your Trusted Advisor Through Life.
Fondly, Stephanie
June 2012 Elder Law News
Top Ten Reasons Why You Should Not Rely On a Facility to Qualify Your Loved One for Medicaid
Stephanie's Tips Corner
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Meet Stephanie L. Schneider
We Have Moved

Don't be assured that a facility where you are placing your loved one can qualify him/her for Medicaid. We understand that during these economic times everyone is more cautious about spending money.  However, remember the old adage "You Get What You Pay For?"  Here is how our expert counsel can guide you through long term-care planning to Mediaid approval:    

1.  Access To Information: Once you have provided your personal financial information to the facility it is no longer private.  Facilities are not allowed to financially screen perspective residents so beware.


2.  Lack of Legal Knowledge: While a social worker may have some working knowledge of Medicaid eligibility requirements they are not a lawyer and cannot counsel you on maximizing your legal rights.


3.  Retroactive Medicaid: You may be entitled to up to three months of retroactive benefits if you can prove you were eligible in each of those three months. We can help you become eligible as early as possible.


4.  Income Limit:  Florida has a monthly gross income limit to qualify. If your gross income exceeds the limit you will need a qualified income trust prepared. Until the trust is set up and funded you will not qualify. Unfortunately, many facilities fail to recognize this and fail to timely inform families.


5. Transfers of Assets:The social worker at a facility is not going to know the current law on how transfers of assets will delay your loved one's ability to be eligible for Medicaid or, be able to tell you how to fix it. Your loved one's Medicaid application will simply be denied and you will have to pay the private pay rate.


6. Blended Families: The social worker at a facility will not be able to counsel people in second or subsequent marriages (including those with prenuptial agreements) about how to keep the maximum amount of assets possible and qualify their spouse for Medicaid.


7. Pensions: The social worker at a facility will not be able to counsel you on how a guardianship or qualified domestic relations order can help you transfer the ill spouse's pension to the healthy spouse.


8. Annuities: The social worker probably does not know the new laws about annuities and so your loved one may not qualify for Medicaid if he/she (or their spouse) owns an annuity that does not meet Medicaid's requirements.


9. Timing: Timing is everything! If the social worker doesn't spot an issue or, spots it late you won't qualify for Medicaid timely and you will pay the private pay rate for a longer period of time.


10. A Balanced Picture: All eligibility requirements must be met otherwise the application will be denied. Don't leave this in the hands of anyone other than a board certified elder law attorney.


Don't wait until you have a crisis our office at 954-382-1997  to schedule a consultation. Let us counsel you about your options so together we have time to implement a plan so you have peace of mind. 

Stephanie's Corner: Tips and Tales 
This month's 'Tips and Tales' addresses the issue of whether a child is responsible for payment of a parent's medical bills.
Tale:  John Smith's 88-year old Mother suffered a stroke and became paralyzed on one half of her body.  The family was unable to care for her at home and decided that she would receive the best care in a skilled nursing facility.  John was given a Durable Power of Attorney by his Mother prior to the stroke.  John signed the Admission Agreement as agent for his Mother. Is John personally financially responsible to pay the nursing home bill?
Tip:  Florida does not have a filial responsibility law.  This means that a child is not financially responsible to pay for their parent's care whether it is a hospital, home health care, assisted living or nursing home bill.
John might be personally financially responsible if:
  1. He signed a personal guaranty of payment.
  2. He fails to use the Durable Power of Attorney to access his parent's account to pay the nursing home bill.
Although federal law prohibits a nursing facility from making admission contingent on a personal guaranty of payment, many facilities do include guaranty language in their contracts.
We want you to be an informed consumer when making a decision for yourself and/or your family. Let us use our expertise to review the Admission Agreement or, contract before you sign it to avoid signing a personal guaranty of payment. 
Proper Planning May Create Peace of Mind. sm

♦ Probate & Trust Administration


♦ Last Will & Testament

♦ Revocable Trust

♦ Durable Power of Attorney

♦ Designation of Healthcare

♦ Quit Claim Deed

♦ Living Will

♦ Guardianships (adults &
minors)/Guadian Advocacy

♦ Long Term Care Facility
Residents' Rights

♦ Medicaid Applications &

♦ Veterans Benfits Planning

Government Assistance


♦ Special Needs Trusts

♦ Representation of Trustees

♦ Protecting Lawsuit Proceeds & Inheritanceswhile Preserving Medicaid & SSI Eligibilty

♦ Exceptions to Medicaid Lien Recovery


Reduction of Third Party Medicaid Liens
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Stephanie L. Schneider 


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Stephanie L. Schneider is recognized as a Top Lawyer in the South Florida Legal Guide and Super Lawyers

 Stephanie is invited to speak at:
The Family Cafe, Orlando
June 16, 2012
for Families with Special Needs
Inaugural GLBT Diversity Summit, Fort Lauderdale
June 22, 2012
Florida Bankers Association:
Florida Graduate Trust School
July 17, 2012 Tampa
Eldercare Mediation for Professionals
NSU Campus, Davie
July 21, 2012
We Moved

Effective April, 27, 2012

Our new address is:

1776 N. Pine Island Rd.
Suite 208

Plantation, FL 33322

Phone 954-382-1997

Fax 954-382-9997


We invite you to call or visit us in our new office.

We have a great

Resource Center

for information to assist seniors, families with special needs, veterans & government benefits recipients, etc.

Please consider the environment before printing. We invite you to forward this to a friend.
Stephanie L. Schneider, CELA


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*please call for special needs trust, guardianship/guardian advocate, and probate consultations as other rates may apply.



We will create or review your existing legal documents and
recommend an estate and incapacity plan tailored to your needs.