Eldercare Resources
The Eldercare Resource Articles above are written to help you understand the need for and the process of planning for long term care.
There are four key steps to successful long term care planning.
1. Knowledge & Preparation
2. Proper Funding
3. Using Long Term Care Professionals
4.Creating a Personal Care Plan and Choosing a Care Coordinator
  Law office of Jeffrey M. Janeiro, P. L.

The high cost of long-term care has made planning a critically important issue for most middle class seniors and their families.  In fact, most seniors will likely require some form of long-term care. Sadly, many of them are unprepared for the significant financial burdens it places on their family's hard earned savings.  Financial devastation looms large for a family facing ongoing care at a rate of $10,000 or more per month.

Long-Term Care Options

While some seniors are able to afford private pay care, the cost of long-term care will wipe out savings of all but the wealthiest families in a matter of years.  Those who have planned ahead by purchasing long-term care insurance have a degree of certainty and peace of mind, knowing that they have a lesser need to rely on other sources in the future.  Unfortunately, many can't afford the high cost of long term care insurance or worse, because of age of medical condition cannot qualify for long term care insurance altogether.  If you do have long-term care insurance, you should be aware of what your policy covers.  Many policies have high deductibles or provide for only a short period of care in facility.  In fact, many who have long-term care insurance still have to resort to Medicaid to pay for their care.

Medicaid Eligibility

The other option to pay for care is Medicaid.  A joint federal-state program, Medicaid provides medical assistance to low-income individuals, including those who are 65 or older, disabled or blind.  Medicaid is the single largest payer of nursing home bills in America and serves as the option of last resort for people who have no other way to finance their long-term care.  Although Medicaid eligibility rules vary from state to state, federal minimum standards and guidelines must be observed.

While Medicaid eligibility with respect to long-term care was not difficult in the past, there has been a steady drift towards more complex and restrictive rules, the latest being the Deficit Reduction Act of 2005 which went into effect in 2006.  These changes have resulted in complex eligibility requirements for those in need of Medicaid benefits.  It's no longer as easy as reviewing one's bank statements.  There are a myriad of regulations involving look-back periods, income caps, transfer penalties and waiting periods to plan around.

Our law firm has the experience and the expertise to help avoid the financial ruin associated with the high cost of long-term care.  Contact us today to start the process of understanding the issues surrounding Medicaid eligibility and to implement the planning and application process.

Our office is pleased to assist you and your family, the list below are other services provided by our office (just to list a few):

  • Probate & Estate Administration
  • Elder Law
  • Guardianship
  • Tax Law
  • Estate Planning
  • Real Estate

Special Needs Planning

If you currently provide care for a child or loved one with special needs (such as mental or physical disabilities), you must have contemplated with concern about what may happen to them when you are no longer able to provide and care for them.

While you can certainly provide that they receive money and assets, such a bequest may prevent them from qualifying for essential benefits under the Supplemental Security Income (SSI) and Medicaid programs. However, public monetary benefits provide only for the bare necessities such as food, housing and clothing. As you can imagine, these limited benefits will not provide those loved ones with the resources that would allow them to enjoy a richer quality of life. But if parents leave any assets to their child who is receiving public benefits, they run the risk of disqualifying the child from receiving them. Fortunately, the government has established rules allowing assets to be held in trust, called a "Special Needs" or "Supplemental Needs" Trust for a recipient of SSI and Medicaid, as long as certain requirements are met.

Our law firm can help you set up a Special Needs Trust so that government benefit eligibility is preserved while at the same time providing assets that will meet the supplemental needs of the person with a disability (those that go beyond food, shelter, and clothing and the medical and long term supports and services of Medicaid). The Special Needs Trust can fund those additional needs. In fact, the Special Needs Trust must be designed specifically to supplement, not replace public benefits. Parents should be aware that funds from the trust cannot be distributed directly to the disabled beneficiary. Instead, it must be disbursed to third parties who provide goods and services for use and enjoyment by the disabled beneficiary.

The Special Needs Trust can be used for a variety of life-enhancing expenditures without compromising your loved ones' eligibility such as:

  • Annual check-ups at an independent medical facility
  • Attendance of religious services
  • Supplemental education and tutoring
  • Out-of-pocket medical and dental expenses
  • Transportation (including purchase of a vehicle)
  • Maintenance of vehicles
  • Purchase materials for a hobby or recreation activity
  • Funds for trips or vacations
  • Funds for entertainment such as movies, shows or ballgames. 

Purchase of goods and services that add pleasure and quality to life:

  • computers, videos, furniture, or electronics
  • Athletic training or competitions
  • Special dietary needs
  • Personal care attendant or escort

Special Needs Trusts are a critical component of your estate planning if you have disabled beneficiaries for whom you wish to provide after your passing. Generally, Special Needs Trusts are either stand alone trusts funded with a separate asset like a life insurance policy or they can be a sub-trust in your existing living trust.

   
  request help or information by filling out the form below
 
    Contact Information
Name*:  
Mailing Address:
City*:     
State:
Zip:
Email*:
Phone*:
    Requests  
Please enter your questions, requests or comments:
  We strive to prevent spam. Please answer the question below to show that this is a legitimate request.
What is 2 + 2?*:
Required = * 
 
  We respect your privacy. Your information will not be given / sold to any other entity.
 
 service area
 

Proudly Serving Collier County including Marco Island, Lee County including Charlotte Counties, Orlando, Sarasota, Miami-Dade Counties, Palm Beach and Surrounding Counties, Key-west, Daytona Beach.

 contact us
 

Law office of Jeffrey M. Janeiro, P. L.

Phone: (239) 513-2324

3400 Tamiami Trail N.
Suite 203
Naples, FL 34103

Email: Janeiro@jjlawyers.com
Web: www.janeirolaw.com

Office hours: Monday thru Friday 8:30am. to 5:30pm After hours and weekend appointments available by request Off site appointments available.

  If you prefer, indicate your needs in the form below and I will contact you to let you know how I can help
 about us
 

Jeffrey M. Janeiro is the Managing Member of the Law Office of Jeffrey M. Janeiro, P.L., where his practice focuses primarily on the areas of estate planning, probate, business succession planning, estate and trust administration, taxation, and real estate.  Mr. Janeiro's interest in this area of the law comes from a desire to work with clients and guide them through the process of developing their estate plan using new and innovative estate, business, and tax planning strategies.  Mr. Janeiro's planning techniques are based on long term goals that provide for both the client and their loved ones during all stages of their life.  Mr. Janeiro ensures the firm's commitment to providing comprehensive, personalized estate planning advice that satisfies his clients' goals and objectives.  In addition to these services, Mr. Janeiro is proud to offer a full service real estate title company and closing office.

Education and Awards

Mr. Janeiro received his Master of Laws in Taxation from New York University, the No. 1 ranked taxation program in the country by U.S. News and World Report.  He obtained his bachelor's degree from Saint Vincent College in Latrobe, Pennsylvania and attended University of Toledo College of Law, where he graduated 3rd in his class. Mr. Janeiro has received national recognition for his excellence in the areas of estate planning, taxation, and real estate.

Mr. Janeiro was an editor of The Toledo Journal of the Great Lakes Law, Science, and Policy, and has received numerous professional and academic awards including the prestigious Mayors Proclamation for Academic Excellence and the Toledo City Counsel's Outstanding Academic Performance Award. His experiences have allowed him to work for several prominent law firms and corporations in New York, Ohio, Pennsylvania, and Florida.  Before entering into private practice, Mr. Janeiro clerked for the Honorable James G. Carr, United States District Court, 6th Circuit, Northern District of Ohio.

Practice Areas:

- Probate & Estate Administration

- Elder Law

- Guardianship

- Tax Law

- Estate Planning

- Real Estate

Bar Admission:

Mr. Janeiro  is admitted to practice in both Florida and Pennsylvania as well as before the United States Tax Court.

Professional Affiliations:

Member/Agent of the Attorneys' Title Insurance Fund and is a member of Wealth Counsel Member of Estate Planning Council of Naples, Inc.
Member of NADCO and certified closing agent for Small Business Loans/ 504 Loan Closings Member of the National Association Of Estate Planners & Councils

Additional:

Mr. Janeiro is a member of the Ave Maria School of Law's Board of Visitors. He is also involved in many charities, including:  Big Brothers Big Sisters, Barbara's Friends (The Children's Hospital Cancer Fund, Lee Memorial Health Systems). Mr. Janeiro is an active sponsor of the Naples  Community Hospital. Mr. Janeiro is also an active Career Day Speaker for St. Elizabeth Seton Catholic School and is an honored guest speaker for the 2010 and 2011 Entrepreneur's Law School - Held yearly at Florida Gulf Coast University sponsored by Florida SBDC Network. Additionally, Mr. Janeiro has been an active Believing in Girls (BIG) Society Member for Lee Pace Center for Girls since 2010.  Mr. Janeiro is a proud member of the board of Directors for the National Sunshine Foundation, Inc.