HOW CAN I SPEND THE PERSONAL NEEDS ALLOWANCE?

When receiving Medicaid benefits under the Institutional Care Program (ICP), a Medicaid recipient is allowed to retain a portion of their income as their “personal needs allowance." In Florida, the current personal needs allowance is $105/month, whether you are a single or married individual. This amount may seem very small, but when all of your expenses are otherwise met through your own income, Medicare, Medicaid, or other supplemental insurance, the $105/month personal needs allowance can be sufficient.

What can the personal needs allowance be spent on? The allowance is generally spent on items or services that will solely benefit the Medicaid recipient. These may include: clothing, toiletries and other personal hygiene products, vitamins or supplements, beauty or barber shop services, co-pays for prescriptions not otherwise covered by insurance, eyeglasses, hearing aids and batteries, and the list continues. Again, it can be spent on anything that will solely benefit the Medicaid recipient- use your best judgment.  

Does the personal needs allowance need to be spent prior to the end of the month? The answer is no. Any allowance remaining can carry forward into the next month, so long as the Medicaid recipient assets do not exceed their allowed asset limit. If you have further questions or would like to schedule a consultation, please contact The Law Offices of Hoyt & Bryan at 407-977-8080 or info@HoytBryan.com.

Class action lawsuit claims that Purina pet food is killing dogs - Seattle Pets | Examiner.com

This could be very important information as Beneful is available on grocery store shelves everywhere!



Class action lawsuit claims that Purina pet food is killing dogs - Seattle Pets | Examiner.com

A GOOD DEED GONE WRONG

Bob and Suzy get divorced.  Suzy has an adult child, Annie, from a prior relationship. As part of the marital settlement agreement, Bob is supposed to sign a deed conveying his interest in their homestead to Suzy. Suzy is supposed to get a new home loan in her individual name. 

Time passes.  Bob never signed a deed and Suzy never got a new loan.  Suzy dies.  As a result of the divorce, Bob owns a one-half (1/2) interest in the house and he is also responsible for the repayment of the loan. This was not the intent of either Suzy or Bob.  With proper follow through and estate planning after their divorce, this situation could have been avoided.

What if Suzy was behind on her loan payments?  This deficiency could be reported on Bob’s credit as his name is still on the loan. Who now owns Suzy’s one-half (1/2) interest in the home? In this case, Suzy's heirs because she died without a will.  As a result, a probate will also be required in order to properly transfer Suzy's interest to Annie.  What if Annie does not want to own the house with Bob?  Like it or not, she does.  These are only a few of the questions and issues that might be raised with this family scenario.  

Proper estate planning could have avoided this situation. If you are divorced, you should review your family situation, your assets and your estate plan regularly with a qualified attorney, to make sure your wishes will be carried out properly. We are happy to be of assistance, for an appointment please call the Law Offices of Hoyt & Bryan at (407) 977-8080.

Petnups- Who Gets Fluffy?

"You may now kiss the bride!" This is how all marriages begin.  Unfortunately, not all married couples can withstand the test of time.  The question then becomes, "Who gets to keep the pet(s)?"

To avoid a potential conflict over the care and custody of your pets in the event of a divorce (or termination of the relationship in the event of an unmarried couple), consider what has been coined, a Petnuptial Agreement.  A Petnuptial Agreement is a premarital agreement, drawn up by the couples' attorneys that specifically addresses issues related to the care and custody of the couple's pets in the event of a divorce or dissolution of the relationship.  

Pets are an integral part of our family.  We care for them like our children. For some couples, the pets are the children.  Pet custody disputes can become very ugly and expensive. A Petnuptial Agreement will help prevent unnecessary stress and anxiety for the pet, as well as the human parties involved. The Petnuptial Agreement allows you to decide in advance who will be the primary caregiver for your pet, how custody will be shared, the division of responsibility related to ongoing daily care, veterinary bills and unexpected emergency situations. 

Relationships don't always last forever.  However, your commitment to your pet lasts a lifetime; the lifetime of your pet. A properly planned and executed Petnuptial Agreement can provide both parties with the certainty that their loved pet(s) will be provided for in the manner they intend without an expensive custody battle.  If you have any questions related to estate planning for your pet, including the preparation of a Petnuptial Agreement or resolution of a pet related dispute, please call the Law Offices of Hoyt & Bryan (407) 977-8080 for an appointment today.