Bach & Jacobs, P.A. offers the following services to meet  lifetime legal needs of our clients:
    • Medicaid
    • Long term care planning
    • Estate planning
    • Probate
    • Guardianship
    • Tax law

For more info go to: http://www.bachjacobs.com/

Babette B. Bach, Esquire, Board Certified in Elder Law
Fredric C. Jacobs, Esquire, Board Certified in Tax Law
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941.906.1231
941.954.1185 fascimile

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

The Veterans Administration has a 30 day respite program. This is not a new program however it is not highly publicized.  It is known as the “respite” program primarily to assist caregivers of veterans.  It provides the caregiver some personal time away.  It can vary in the hours, but can provide up to 6 hours per day, for a maximum of 30 days.  If the Veteran is already receiving services from a homemaker or home health program, the maximum time allowance still remains 6 hours per day. 

Planning 6-8 weeks in advance for these services is highly recommended.

The primary V.A. physician or the V.A. social worker has to refer the Veteran for this program.  Upon receipt of the referral, they will process the request for services.

For non-service connected disability, there is $15 co-pay per day.

The alternate program in this category is the “on campus” program at the Bay Pines V.A. Center in St. Petersburg, Florida, which offers up to two 15 day in-house stays in a year with a minimum of 5 day stay.  This program is available as long as the Veteran does not have dementia and does not wander.  The two 15 day stays can not be taken all together. Skilled nursing is not provided with the on campus program.

You can qualify for both the on campus stay and the at home respite services. 

For more information on these programs, please call (727) 398-6661.

If you need legal advice for Medicaid planning, VA 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

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

    There are substantial tax deductions for long-term care insurance premiums paid in 2011.  When preparing your 2011 tax returns remember that:

             Premiums for "qualified" long-term care policies will be treated as a medical expense and will be deductible to the extent that they, along with other unreimbursed medical expenses (including "Medigap" insurance premiums), exceed 7.5 percent of the insured's adjusted gross income. If you are self-employed, the rules are a little different. You can take the amount of the premium as a deduction as long as it does not exceed your net income derived from the self employment minus the deduction for 50% of the self employment tax and any deductions for contributions to qualified retirement plans or SEPS. Your medical expenses do not have to exceed 7.5 percent of your income if you are employed.

     The deductibility of premiums is limited by the age of the taxpayer at the end of the year, as follows (the limits will be adjusted annually with inflation):

Bach & Jacobs, P.A.
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