Babette was co-counsel in Gerkin v. Reiger/Levine.  This was a landmark civil rights class action lawsuit in Federal District Court, Middle District, Florida. As a result of this lawsuit, the State of Florida was forced to change the Medicaid policy in 2004 to provide for coverage of all uninsured medical benefits to over 45,000 Medicaid recipients residing in nursing homes.  This new benefit was funded by the Florida legislature with an appropriation of 52 million dollars in 2004.  The program has remained funded continuously since 2004.

Babette B. Bach, Esquire, Board Certified Elder Law
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941.906.1231
941.954.1185 facsimile
www.bachjacobs.com

There are some VA benefits to help with home care, assisted living benefits costs for veterans or their surviving spouse.  These benefits are for non-service connected disabilities.  There are three basic requirements.  One must be a wartime veteran (or their surviving dependents) who is totally disabled and in financial need.  This program is called “Aid and Attendance”.  It will cover certain home care costs and assisted living expenses if all eligibility requirements are met. 

            A married veteran can receive a maximum benefit of $2,020/month,

            A single veteran can receive $1,704/month       
            A surviving spouse of a veteran can receive $1,094/month.

There is an asset test ($80,000.00 for both a couple and a single veteran) and an income test (after deducting un-reimbursed medical expenses or health care expenses) and a medical need test (needing assistance with 3 activities of daily living).

In order to apply for these benefits, one must have excellent documentation.  Remember, it is important to keep copies of honorable discharge papers, marriage licenses, death certificates and proof of medical expenses.

If you need legal advice for VA planning, Medicaid planning or estate planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

  Often family members are given copies of wills for safekeeping, but trouble arises when someone dies and the original will is lost.  In Florida, when an original will is known to have existed but can not be located, there is a presumption that the person destroyed the will with the intent to revoke it.  Therefore, a party probating a lost will must present evidence at a hearing to overcome this presumption.  Don’t panic, as it is possible in most cases to overcome this presumption.

     Florida courts will allow testimony at a hearing from a disinterested witness to prove the execution and contents of a lost will.  If there is an exact copy of the lost original will, the testimony of only one witness to the will execution is required.  However, an unsigned draft of a will does not constitute an exact copy.  If there is no exact copy of a signed will, then the testimony of two disinterested witnesses are required to prove the execution and content of the document.  In every case, a hearing is required in order to satisfy the requirements of Florida Statute 733.207 and relevant Florida case law.  

Contact the law firm of Bach & Jacobs, P.A. for an initial consultation. 
Babette B. Bach, Esquire, Board Certified Elder Law
Fredric C. Jacobs, Esquire, Board Certified Tax Law
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
(941) 906-1231
www.bachjacobs.com