Limited Scope Medicaid Planning Assistance & Guardianship Determination
THE FIRM CONDUCTS A GUARDIANSHIP DETERMINATION AND OFFERS THE FOLLOWING SERVICES BELOW. THE FIRM DOES NOT SUBMIT MEDICAID APPLICATIONS. THE MEDICAID APPLICATION MUST BE FILED BY A MEDICAID SPECIALIST, SOCIAL WORKER, OR OTHER PROFESSIONAL AT THE NURSING FACILITY.
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THE FIRM OFFERS:
A. Initial Guardianship Determination & Medicaid Planning Consultation
Ø Review and analysis of existing Durable Power of Attorney (DPOA)
Ø Review and analysis of asset titling (individual, joint, TBE)
Ø Determination of whether guardianship is required before Medicaid planning can proceed
Ø Legal explanation of available options and risks
B. Legal Document Drafting (If Facility Has Deemed Necessary)
Ø Qualified Income Trust (QIT) drafting, including QIT preparation, execution instructions, and bank funding instructions
Ø Personal Services Contract (Caregiver Agreement) drafting, including actuarial calculation and Medicaid-compliant agreement
Services the Firm DOES NOT Provide
Client expressly acknowledges and agrees that Firm does NOT handle:
o Filing the Medicaid application o Creating or submitting the application through Florida ACCESS
o Uploading documents, bank statements, or verifications for Medicaid approval
o Responding to RFIs (Requests for Information) o Communicating with DCF on eligibility issues
o Tracking application deadlines o Ongoing Medicaid case management
o Appeals unless separately retained in writing o Circuit court litigation of any kind
o Representation in spousal refusal litigation or contribution actions
o VA Aid & Attendance applications o Asset gathering, document chasing, or financial bookkeeping
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