CHAPTER 1 Florida's Social Service System
§ 1.01 Summary of This Chapter
§ 1.02 Social Services Assistance
§ 1.03 Programs and Services
§ 1.04 Accessing Florida's Social Services Programs
CHAPTER 2 Ethical Considerations in an Elder Law Practice
§ 2.01 Summary of This Chapter
§ 2.02 Ethical Issues in the Elder Law Practice
§ 2.03 Who Is the Client?
§ 2.04 Conflicts of Interest
§ 2.05 Confidentiality
§ 2.06 Who Pays the Bill?
§ 2.07 Multiple Clients
§ 2.08 The Incapacitated Client
§ 2.09 Ethical Issues for Office Staff
§ 2.10 Handling Ethical Issues in an Elder Law Practice
§ 2.100 Checklists
CHAPTER 3 Income Tax
§ 3.01 Summary of This Chapter
§ 3.02 Who Must File?
§ 3.03 Filing Status
§ 3.04 Tax Rates and Exemptions
§ 3.05 What Is Income?
§ 3.06 Income: Life Insurance Proceeds
§ 3.07 College Savings Options
§ 3.08 Income: Compensation for Injury or Sickness
§ 3.09 Income: Sale of a Personal Residence
§ 3.10 Types of Deductions
§ 3.11 Deductions: Medical Expenses
§ 3.12 Deductions: Charitable Contributions
§ 3.13 Deductions: Vacation Homes
§ 3.14 Credit for the Elderly or Disabled
§ 3.15 Credit for Dependent's Care
§ 3.16 Reverse Mortgages
§ 3.17 Taxation of Personal Service Contracts
Chapter 4 [Reserved]
CHAPTER 5 Medicare
§ 5.01 Summary of This Chapter
§ 5.02 What Is Medicare?
§ 5.03 Part A Hospital Insurance Benefits Eligibility: In General
§ 5.04 Part A Eligibility: Persons Age 65
§ 5.05 Part A Eligibility: Beneficiaries Who Are Disabled
§ 5.06 Part A Eligibility: End-Stage Renal Disease
§ 5.07 Part A Eligibility: Federal Employees
§ 5.08 Part A Eligibility: Voluntary Purchase of Coverage
§ 5.09 Part A Benefits and Financing
§ 5.10 Part A Benefits: Inpatient Hospital Services
§ 5.11 Part A Benefits: Skilled Nursing Facility Services
§ 5.12 Part A Benefits: Post-Institutional Home Health Services
§ 5.13 Part A Benefits: Hospice Services
§ 5.14 Part B: Eligibility, Enrollment, and Payments
§ 5.15 Part B: Covered Benefits
§ 5.16 Part C: Medicare Advantage
§ 5.17 Preventative Care Benefits
§ 5.18 Prescription Drug Coverage
§ 5.19 Items and Services Excluded from Coverage
§ 5.20 Claims and Payment Procedures
§ 5.21 Claim Determinations and Appeals
§ 5.22 Employer Health Insurance
§ 5.23 Medigap Insurance
§ 5.24 Program of All-Inclusive Care for the Elderly (PACE)
§ 5.100 Checklists
§ 5.200 Forms
CHAPTER 6 Special Needs Trusts in Florida
§ 6.01 Summary of This Chapter
§ 6.02 Overview of Special Needs Trusts
§ 6.03 Disability Determinations
§ 6.04 Public Benefits
§ 6.05 Types of Special Needs Trusts
§ 6.06 Evaluating SNTs for Public Benefits Planning
§ 6.07 Crafting First-Party Special Needs Trusts
§ 6.08 Qualifying Special Needs Trusts
§ 6.09 Judicial Modification of Trusts for Special Needs Trust Planning Purposes
§ 6.10 Jurisdiction and Related Florida Matters
§ 6.11 Finding the Law
§ 6.100 Checklists
CHAPTER 7 Medicaid: General Considerations
§ 7.01 Summary of This Chapter
§ 7.01A Medicaid and Managed Care
§ 7.02 Understanding Medicaid
§ 7.03 Program Administration and State Participation
§ 7.04 Available Coverage for the Aged and Disabled
§ 7.05 Covered Services for the Aged and Disabled
§ 7.06 Medicaid Waiver Programs
§ 7.07 Program Services
§ 7.100 Checklists
§ 7.200 Forms
CHAPTER 8 Medicaid: Income and Asset Requirements
§ 8.01 Summary of This Chapter
§ 8.02 Income
§ 8.03 Exclusions and Deductions from Gross Income
§ 8.04 Income Calculation for the Institutional Care Program (ICP), Medicaid Hospice, and Home-and Community-Based Services (HCBS)
§ 8.05 Medically Needy: The Share of the Cost
§ 8.06 Patient Responsibility
§ 8.07 Spousal Income
§ 8.08 Assets
§ 8.09 Excluded Assets
§ 8.10 Treatment of Homestead
§ 8.11 Treatment of Other Resources
§ 8.200 Forms
CHAPTER 9 Medicaid: Transfer of Assets, Liens, and Estate Recovery
§ 9.01 Summary of This Chapter
§ 9.02 Medicaid Regulations: Transfers, Penalties, and Recovery
§ 9.03 Transfers of Assets
§ 9.04 Transfer Penalties
§ 9.05 Allowable Transfers
§ 9.06 Undue Hardship
§ 9.07 The "Look-Back" Period
§ 9.08 Calculating Transfer Penalties
§ 9.09 Transfers to Trusts
§ 9.10 Transfers to Retirement Funds
§ 9.11 Medicaid Fraud
§ 9.12 Third-Party Liability
§ 9.13 Medicaid Estate Recovery
CHAPTER 10 Medicaid: Advocacy
§ 10.01 Summary of This Chapter
§ 10.02 Overview
§ 10.03 Medicaid Appeals
§ 10.04 Administrative Rules
§ 10.200 Forms
CHAPTER 11 Residents' Rights: Long-Term Care Facilities
§ 11.01 Summary of This Chapter
§ 11.02 Overview of Nursing Home Residents' Rights
§ 11.03 The Federal Model
§ 11.04 The State Model
§ 11.05 Application of Federal and State Law
§ 11.06 Communication, Access, and Visitation Rights--Nursing Homes
§ 11.07 Communication, Access, and Visitation Rights--Assisted Living Facilities and Adult Family Care Homes
§ 11.08 Personal Privacy and Safety Rights--Nursing Homes
§ 11.09 Personal Privacy and Safety Rights--Assisted Living Facilities and Adult Family Care Homes
§ 11.10 Property and Financial Rights--Nursing Homes
§ 11.11 Property and Financial Rights--Assisted Living Facilities and Adult Family Care Homes
§ 11.12 Transfer and Discharge Rights--Nursing Homes
§ 11.13 Fair Hearing
§ 11.14 Transfer and Discharge Rights--Assisted Living Facilities and Adult Family Care Homes
§ 11.15 Enforcement of Residents' Rights
§ 11.100 Checklists
§ 11.200 Forms
CHAPTER 12 Planning for Incapacity: Property Management
§ 12.01 Summary of This Chapter
§ 12.02 Planning Alternatives
§ 12.03 Power of Attorney
§ 12.04 Living Trusts
§ 12.05 Joint Ownership of Assets
§ 12.200 Forms
CHAPTER 13 Planning for Incapacity: Health Care Decisions
§ 13.01 Summary of This Chapter
§ 13.02 Health Care Decision Making: History of the Law in Florida
§ 13.03 Florida Statutes Chapter 765--Health Care Advance Directives
§ 13.04 Health Care Surrogate
§ 13.05 Health Care Proxy
§ 13.06 Health Insurance Portability Act of 1996 (HIPAA)
§ 13.07 Health Care Decisions at the End of Life--Life-Prolonging Procedures
§ 13.08 Challenging Decisions of the Surrogate or Proxy
§ 13.09 Pain Management and Palliative Care
§ 13.10 Do Not Resuscitate Order (DNRO)
§ 13.11 Guardian Advocate For Mental Health Treatment
§ 13.12 Mental Health Advance Directives
§ 13.13 Long-Term Care Insurance
§ 13.100 Checklists
§ 13.200 Forms
CHAPTER 14 Guardianship
§ 14.01 Summary of This Chapter
§ 14.02 Overview of Florida Guardianship Law
§ 14.03 What Is Incapacity?
§ 14.04 What Is a Guardian?
§ 14.05 Who May Serve as Guardian?
§ 14.06 Types of Guardianships
§ 14.07 Guardianship Education Requirements
§ 14.08 Initiation of Guardianship Proceedings
§ 14.09 The Court-Appointed Attorney and the Right to Counsel
§ 14.10 Provisional Remedies--Emergency Temporary Guardian
§ 14.11 Investigative Process
§ 14.12 The Adjudicatory Hearing
§ 14.13 Post-Appointment Responsibilities of the Guardian
§ 14.14 Powers and Duties of Guardians
§ 14.15 Termination of Guardianship
§ 14.16 Suggestion of Capacity
§ 14.17 Removal and Resignation of Guardians
§ 14.18 Surcharge of Guardians
§ 14.19 Guardianship Oversight
§ 14.20 Guardian and Attorney Fees
§ 14.100 Checklists
§ 14.200 Forms
CHAPTER 15 Elder Abuse
§ 15.01 Summary of This Chapter
§ 15.02 Overview of Elder Abuse
§ 15.03 What Is Elder Abuse, Neglect, and Exploitation?
§ 15.04 The Victim and the Perpetrator
§ 15.05 Signs of Elder Abuse
§ 15.06 Considerations for the Attorney
§ 15.07 Adult Protective Services
§ 15.08 Other Legal Remedies
§ 15.100 Checklists

Rebecca C. Morgan

Professor Morgan is the Boston Asset Management Faculty Chair in Elder Law and Director of the Center for Excellence in Elder Law at Stetson University College of Law, and is the Director of Stetson's LL.M. in Elder Law. Professor Morgan teaches a variety of elder law and skills courses, and oversees the Elder Law concentration program for JD students. She is a co-author of Tax, Estate & Financial Planning for the Elderly and its companion forms set, Tax, Estate & Financial Planning for the Elderly: Forms & Practice (LexisNexis), and a co-author of Planning for the Elderly in Florida (LexisNexis).

She is a Past President of the National Academy of Elder Law Attorneys and Past President of the Board of Directors of the National Senior Citizens Law Center. Professor Morgan is a member of the academic advisory board for the Borchard Foundation Center for Law and Aging, an academic fellow of the American College of Trusts & Estates Counsel, a member of the American Law Institute, and a past chair of the American Association of Law Schools Section on Aging and the Law and of the Florida Bar Elder Law Section. She served as a special advisor to the ABA Commission on Law and Aging, was the reporter for the Uniform Guardianship and Protective Proceedings Act, and was on the Faculty of the National Judicial College. She served on the Florida Attorney General's Task Force on Elder Abuse and the Legislative Guardianship Study Commission.

Professor Morgan was the recipient of the 2003 Faculty Award on Professionalism from the Florida Supreme Court Commission on Professionalism. She received the NAELA Unaward in November 2004 for her accomplishments in the field of elder law. Professor Morgan, along with Professor Roberta Flowers, received the 2005 Project Award on Professionalism from the Florida Supreme Court Commission on Professionalism for their video series on ethics in an elder law practice. She is the 2009 recipient of the Treat award for Excellence from the National College of Probate Judges. She has authored a number of articles on a variety of elder law issues and has spoken a number of times on various subjects of elder law.

Mary Alice Jackson

Mary Alice Jackson was one of the first attorneys to become board-certified in Elder Law, in 1998, when board certification in the practice was approved by the Florida Bar. She is a partner in the firm of Boyer & Jackson, P.A., in Sarasota and practices exclusively in the area of elder law, with an emphasis in Medicaid eligibility, disability planning, guardianship, long-term care planning, advance directives and end-of-life issues, powers of attorney, estate administration, estate planning, and elder exploitation. Ms. Jackson is a Member and Past Chair (1999¿2000), Elder Law Section, Florida Bar; Chair of the Board of Trustees, Hospice of Southwest Florida, Inc., and President-Elect, Board of Directors, Sarasota County Bar Association. Ms. Jackson is also an Adjunct Professor at Stetson University College of Law. In addition, she lectures frequently on elder law topics.

Edwin M. Boyer

Edwin M. Boyer is a Florida Bar Board-Certified Elder Law Attorney and a partner in the law firm of Boyer & Jackson, P.A. He has practiced law in Sarasota, Florida, since 1978. He is a member of the Board of Directors of the National Academy of Elder Law Attorneys (NAELA), past Editor of the NAELA Quarterly, and he presently serves as chair of that organization¿s publications committee. In addition, Mr. Boyer serves on the Certification Test Writing Committee for the National Elder Law Foundation and is Guardianship Chair of the Elder Law Section of the Florida Bar. Mr. Boyer practices in the area of Elder Law with an emphasis on guardianship; estate planning and administration; advance directives and end-of-life issues; nursing home residents¿ rights; and elder exploitation.