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General Blogs

Simplifying The “Power Of Attorney” Conversation With Your Parent
  • By: Tommy Smith, Esq.
  • Published: April 13, 2021

Meet Charlie, a 72-year-old Vietnam veteran. All of Charlie’s life, he’s done everything on his own and rarely accepts help from others, even more rarely will you find him admitting he needs help. He is stubborn as a mule and strong in his convictions, chiefly of which is his sense of pride in taking care of his family and himself…Read More

Arbitration Agreements And Long-Term Care Facilities
  • By: Tommy Smith, Esq.
  • Published: August 28, 2019

When a loved one enters a long-term care facility, it is often a tumultuous time. Maybe there was a catastrophic medical event. Or, the resident is feeling overwhelmed with the move. Whatever the circumstances leading up to the transition, families are often stressed out. Then, families must deal with the inundation of paperwork from the facility. What are the terms…Read More

Elder Law Q&A: When Can I Enroll In Or Change Medicare Drug Plan Or Health Plans?
  • By: Tommy Smith, Esq.
  • Published: July 29, 2019

Question: When can I enroll in or change Medicare drug plan or health plans? Answer: Annual Enrollment Period (AEP), also called Open Enrollment Period, is once each year during October 15 to December 7. During that period, those who are already enrolled in Medicare can change Part D drug plans, or they can change from Medicare Advantage to Original Medicare or…Read More

Elder Law Q&A: How Can An Elder Law Attorney Help Me?
  • By: Tommy Smith, Esq.
  • Published: July 18, 2019

Question: How can an Elder Law Attorney help me? Answer: Many people often ask why they need an elder law attorney. Some of the reasons are given below. An elder law attorney focuses on key issues facing seniors, such as housing, finances, health, long term care, and quality of life. As we grow older, we begin to plan for retirement (a/k/a…Read More

Elder Law Q&A: What Is A Special Needs Trust?
  • By: Tommy Smith, Esq.
  • Published: July 14, 2019

Question: What is a Special Needs Trust? Answer: Many public benefits are means tested, which means that the public program limits the amount of income and/or assets that an individual can have in order to qualify for the benefit. Unfortunately, individuals with disabilities often depend on programs like Supplemental Security Income (SSI), Medicaid, food stamps, and public housing. Nevertheless, these programs…Read More

Elder Law Q&A: Why Do I Need A Durable Power Of Attorney?
  • By: Tommy Smith, Esq.
  • Published: July 2, 2019

Question: Why do I need a Durable Power of Attorney? Answer: A power of attorney is a legal document in which you authorize someone, usually known as your agent or attorney-in-fact, to make important financial or health care decisions for you. In Florida, this document will not be effective while you are unconscious or incapacitated unless it contains language indicating…Read More

Elder Law Q&A: What is Probate?
  • By: Tommy Smith, Esq.
  • Published: June 27, 2019

Question: What is probate? Answer: When someone dies, probate is the legal process for identifying one’s assets and liabilities and satisfying their creditors and beneficiaries. Not all assets are required to go through probate. If something is jointly owned with rights of survivorship with someone else, has a designated pay on death beneficiary, or is in a trust, it is…Read More

Practical Tips For Special Needs Planning
  • By: Tommy Smith, Esq.
  • Published: June 23, 2019

Smith Law, PLLC examines the unique planning requirements of families who have loved ones with special needs. Understanding the pitfalls associated with special needs planning is a must for all who assist families with children, grandchildren or other loved ones (such as parents) with special needs. Tip #1: Special needs beneficiaries require special planning. As a society, we have come a…Read More

An Overview of Long Term Care Options
  • By: Tommy Smith, Esq.
  • Published: June 19, 2019

One of the greatest concerns for the elderly we serve and their families is that of long term care. Two-thirds of seniors will need care at some point in their life and many have not planned for this likelihood. It is an emotional and unpleasant topic to broach, but helping those we serve to plan ahead empowers them. Smith Law,…Read More

The Importance Of Planning Early
  • By: Tommy Smith, Esq.
  • Published: June 17, 2019

The aging population of the United States is widely reported as the bulk of the baby boomer generation is already retired or nearing retirement. However, what has not been widely reported is how the rest of the nation will provide care for this large, aging population. According to a 2017 Merrill Lynch study, nearly 95% of caregivers are family members.…Read More

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