Laws & Programs Affecting Older Floridians

Older Floridians Handbook

Laws & Programs Affecting Older Floridians 6th Edition Older Floridians Handbook LAWS AND PROGRAMS AFFECTING OLDER FLORIDIANS

Sixth Edition

A Publication of the Florida Justice Institute, Inc. with assistance from Carlton Fields, P.A. and the Florida Department of Elder Affairs

1 Preface This sixth edition of the Older Floridians by Mary Haberland, Managing Attorney of Handbook was edited and revised by attor- Bay Area Legal Services’ Florida Senior Legal neys at the law firm of Carlton Fields and the Helpline, Ellen Cheek, Carol Moody, Man- Florida Justice Institute. The Florida Justice aging Attorney of Bay Area Legal Service’s Institute first published the Handbook in Senior Advocacy Unit, Jennifer Cohen-Deihl, 1980. The Institute continues to update this Sue-Helen Motley; Jeffrey Hearne, Advocacy publication as frequently as funds permit. Director – Tenants’ Rights Project, Legal Services of Greater Miami, and Shoshanna Primary funding for this edition was provided Ehrlich, Project Specialist, Center for Elder by the Florida Department of Elder Affairs. Rights Advocacy. We are most appreciative of its support and the assistance of Sarah Halsell, State Legal The Handbook is available on the Internet Services Developer at the Department. Carl- at www.floridajusticeinstitute.org. Tax ton Fields has provided free office space and deductible donations to the Florida Justice other support services to the Institute and this Institute, Inc., are deeply appreciated so we project. The Institute has been fortunate to can continue to republish the Handbook. work collaboratively with Carlton Fields on Donations can be made online or sent to the this and other pro bono matters. We thank Florida Justice Institute at the address below. in particular those leaders at Carlton Fields who are largely responsible for the firm’s re- The attorneys and staff at the Florida Jus- lationship with the Institute, Ben Reid and tice Institute that contributed to this effort Gary Sasso. The Institute is primarily funded were Randall Berg (Editor), Dante Trevisani, by the Interest on Trust Accounts (IOTA) Stephanie Moore, Carlieny Gutierrez-Carril- program administered by The Florida Bar lo, and Jessica Pla. The student editors while Foundation. The Florida Bar Foundation’s interning at the Institute were Maui Moore continued financial support of the Institute (2012-2013) and Claire Wheeler (2015). is deeply appreciated, and for that we thank the Foundation’s officers, staff, and boards The Florida Justice Institute welcomes com- of directors. ments and suggestions for future editions.

We extend our gratitude to those attorneys Sixth Edition...... Spring 2016 at Carlton Fields who have helped make this edition possible. The associates from Carlton © Copyright 2016, 2007, 1998, 1992, 1988, Fields that made the most recent contribu- 1980 by Florida Justice Institute, Inc., all tions were: Naomi M. Berry, Blaise Gamba, rights reserved. Matthew Kohen, Jeffrey Rood, and Jordan Ziegler. Earlier contributions were made by Florida Justice Institute, Inc. Arianne Plasencia, Michel Ringleheim, and 3750 Miami Tower Sharaine Sibblies. The shareholder at Carl- 100 S.E. Second Street ton Fields who supervised the associates was Miami, FL 33131-2309 Marsha Madorsky. 305-358-2081 [email protected] The cover’s photographs, design, and type- setting are courtesy of the Graphic Arts Department at the Florida Department of Elder Affairs. We are very appreciative of the final review of portions of the Handbook

2 Introduction This booklet is intended to be an easy refer- For more advice, or when the Handbook ence source and guide for older Floridians. It directs you to a particular agency, please refer contains useful legal and program information to the back of this Handbook where you will on topics of special interest to persons age find a compilation of agencies and organiza- 60 and older, but by no means is it limited tions that deal with programs and problems in value only to older adults. Persons of all that affect older Floridians. ages should find this booklet informative and helpful. The Florida Justice Institute, Inc., and Carlton Fields make no express or implied warranties The material provided is based on the laws or guarantees concerning the contents of this and practices of the State of Florida and its publication. Laws and regulations frequently agencies, and in some cases, the laws and change. Coverage is as of the date of publica- practices of the federal government. This tion. If needed, you are strongly encouraged to Handbook cannot answer every question, seek the services of a lawyer. A list of places to nor can it replace the advice and counsel of contact when you need the services of a lawyer an attorney when needed. Rather, it provides but do not know how to find one or cannot information of a general nature and answers afford one is provided in the Reference and to some of the more common questions that Referral Information section toward the end older Floridians often have. of the Handbook. You are also encouraged to use the useful website for free legal services This Handbook deals with laws and programs for those who financially qualify atwww. which often change. Consequently, dollar floridalawhelp.org. amounts and other details may change, usually on a yearly basis – particularly, figures used to determine eligibility for various programs and the amounts of benefits the programs provide.

3 Table of Contents Preface...... 2 Introduction...... 3 Financial Assistance...... 7 The Basics of Social Security and Supplemental Security Income...... 7 Supplemental Nutrition Assistance Program...... 13 Veterans' Benefits...... 15 Retirement Income...... 17 Tax Relief...... 19 Reverse Mortgage...... 24 Disaster Relief...... 26 Health Care...... 27 Medicare, HMOs, and Hospitals...... 27 Medicaid...... 40 Long-term Care Insurance...... 44 Nursing Homes/Long-Term Care Facilities...... 46 Institutionalization of the Mentally Ill...... 51 Housing...... 52 Ownership...... 52 Leasing (Landlord-Tenant Relations)...... 56 Rental, Rehabilitation, and Ownership Assistance Programs...... 60 Assisted Living Facilities (ALF)...... 63 Continuing Care Agreements...... 68

4 General Information...... 70 Protecting Yourself from Crime...... 70 Consumer Guide...... 75 Age Discrimination...... 88 Hurricane Preparedness...... 90 Obtaining a New Florida Driver’s License or Florida ID Card...... 93 Planning For the Future...... 96 Wills, Trusts, Gifts, and Estate Planning...... 96 Organizing Your Personal Records...... 104 Power of Attorney and Guardianship...... 106 Health Care Advance Directives...... 110 Hospice Home Care...... 116 Planning Your Own Funeral...... 117 Steps to Take When Someone Dies...... 119 Reference...... 123 Referral and Information...... 123 Services for Older Floridians...... 130 Taking Precautions in Times of Natural Disasters...... 137 Index...... 139

5 6 FINANCIAL ASSISTANCE The Basics of Social Security and Supplemental Security Income

Introduction to ministration (SSA). In fact, it is advisable to Social Security check periodically to make sure you have been Most workers in the United States are ac- credited with the correct number of quarters. customed to seeing “FICA” deductions from To view your quarters, you will need to set up their paychecks. “FICA” stands for Federal an account online. Although the SSA used to Insurance Contributions Act. FICA is the law accept requests by mail via Form SSA-7004, that established the Social Security Program that service has been suspended. Therefore, in 1935. Social Security provides income for the only way to view your quarters right now eligible workers and their families when the is to set up an online account. worker retires, becomes severely disabled, or dies. Here are some basic facts you should Go online to www.ssa.gov. Click on “Sign know about Social Security. In/Up.” Follow the instructions and fill out your information. If you are unable to set General Eligibility up an account or experience a problem, visit To receive Social Security benefits, you must your local SSA office or call 1-800-772-1213. have worked in a job that is covered by Social Security. According to the Social Security The contact information for the national SSA Administration, nine out of ten jobs in the is as follows: United States are covered. You also must have accumulated enough quarters of coverage. Social Security Administration Currently for 2016, a worker earns one quarter Office of Public Inquiries of coverage for every $1,260 in wages – but 1100 West High Rise that number changes nearly every year. A 6401 Security Blvd. worker may earn no more than four quarters Baltimore, Maryland 21235 each year. Phone #: 1-800-772-1213 (TTY 1-800-325-0778) The number of quarters needed to become Website: www.ssa.gov eligible for benefits depends on a worker’s age (or whether the worker is disabled), and the Full retirement age (also called “normal re- type of benefits sought. To be fully insured, tirement age”) had been 65 for many years. you need 40 credits, or ten years of coverage. However, beginning with people born in 1938 or later, that age gradually increases until it You have the right to request a statement of reaches 67 for people born after 1959. your record from the Social Security Ad-

7 Social Security retirement benefits depend on Disability Determinations a worker’s age at retirement and the benefit To be eligible for disability benefits, a person may be reduced or increased based on your age under the age of 65 must be considered dis- at retirement. For example, a worker may retire abled as defined under theSocial Security early at age 62 and receive benefits; however, laws. Also, a person must have worked long the worker may receive benefits reduced by enough to have reached insured status at the as much as 30 percent. On the other hand, time the disability began. a worker may delay receiving benefits after reaching the full retirement age and receive A person is considered disabled if the person an extra percentage or credit for each year is unable to engage in any substantial gain- receipt of benefits is delayed until the age ful employment due to a physical or mental of 70. After you reach the age of 70, your impairment that is (1) expected to result in income will have no effect on the amount of death, or (2) has lasted, or is expected to last, benefits you receive. Thiscredit also applies for at least 12 months. A job that pays $900 to survivors’ benefits. or more a month is considered “substantial” employment. A person is considered insured if Deciding when to start taking your Social the person has earned the number of quarters Security benefits is a complicated matter. It required for his age group, and (unless blind) depends on many factors including when has earned them recently enough. Generally, you need the money and whether you want you need 40 credits, 20 of which were earned to keep working. When you start collecting in the last 10 years ending with the year you benefits can also affect how much a spouse become disabled. However, younger workers is getting if they are collecting on your earn- may qualify with fewer credits. ings record. It is a good idea to talk with the Social Security Administration about these For more information regarding disability issues. There is also additional information benefits, contact the Social Security Admin- available at www.ssa.gov/oact/quickcalc/ istration at 1-800-772-1213 or visit www.ssa. early_late.html. gov. You can also apply for benefits at www. ssa.gov. If a close family member has died, you may be entitled to Social Security. Benefits, in- To locate the Social Security Office nearest cluding a special one-time death benefit, may you, visit www.ssa.gov/locator or call 1-800- be available if the person who has died has 772-1213. earned sufficient quarters of coverage atdeath. Eligible family members may include surviv- NOTE: Persons who are blind or have low ing unmarried children under 18 (or 19, if vision should contact their local Social Se- attending elementary or secondary school full curity Office to learn about special benefits time), a widow or widower, and dependent for the blind. parents age 62 or older. Importantly, your children can obtain benefits at any age if How Much to Expect they were disabled before age 22 and remain at Retirement disabled. Even a surviving divorced spouse The amount of your monthlySocial Security may be eligible under certain circumstances checks will depend on your average yearly as well as stepchildren, grandchildren, step earnings. The exact amount cannot be fig- grandchildren, or adopted children. For more ured until you apply for benefits. To obtain information you should contact the Social an estimate of your benefit amount, call or Security Administration office nearest you visit any Social Security office. (See the Ref- or visit its website. erence and Referral Information section of this Handbook for locations.) The estimated average monthly benefit of an individual re-

8 tired worker in 2016 is $1,341. The estimated If you file a joint return, and you and your average monthly benefit of a married couple spouse have a combined income that is: is $2,212. If cost of living has increased, your benefits may also increase in succeeding years. • between $32,000 and $44,000, you may have to pay income tax on up to 50 percent Working After Retirement of your benefits. If you are at full retirement age or older (age 65-67 depending on when you were born), • more than $44,000, you may have to pay your Social Security benefits will not be af- income tax on up to 85 percent of your fected if you decide to keep working and earn benefits. additional money. However, if you take Social Security before your full retirement age and For more information, call the IRS at 1-800- continue to work, your earnings may affect 829-3676 or visit www.ssa.gov. your benefits. Representative Payee What if I take social security early, but You can designate a person to receive your keep working? How much of my salary Social Security checks if you are not able will be taken? to manage your own affairs. That person is known as a “representative payee.” The rep- You may earn up to $15,720 per year ($1,310 resentative payee can use the Social Security per month) without affecting your benefits for money only for your basic or personal needs 2016. For every $2 you earn above $15,720, including food, shelter, and uncovered med- the Social Security Administration will with- ical needs. hold $1. This rule applies until the year you reach full retirement age. On January 1st of The representative payee is usually a spouse the year you will reach full retirement age, or parent (in the case of children receiving the rule changes. In the year you reach your benefits), but may be a relative, friend, or legal full retirement age, $1 will be deducted from guardian. The institutional administrator at each $3 you earn above $41,880 (for 2016) a nursing home or assisted living facility can until the month you reach the full retirement also be designated as a representative payee. age. Starting with the month you reach full retirement age, you will receive your benefits The process to appoint a representative pay- with no limit on your earnings. ee typically begins when a friend or relative notifies theSocial Security office that an -in No one pays federal income tax on more dividual is incapable of handling his or her than 85 percent of his or her Social Security own affairs. A doctor’s statement to that effect benefits. However, your Social Security ben- also must be provided. The Social Security efits may be subject to federal income tax if Administration then determines whether or your total income as an individual and your not the individual is capable of receiving his combined income is: or her checks. NOTE: A power of attorney is not effective for Social Security purposes. • between $25,000 and $34,000, you may A representative payee must be appointed have to pay income tax on up to 50 percent through the Social Security Administration’s of your benefits; or process.

• more than $34,000, you may have to pay You have the right to challenge the appoint- income tax on up to 85 percent of your ment of a representative payee. For more de- benefits. tails, call 1-800-772-1213, visit the Social Security office nearest you, or visit its website at www.ssa.gov/payee. To locate the Social

9 Security Office nearest you, visit www.ssa. • the impairment has lasted or is expected to gov/locator, or call 1-800-772-1213. last for at least 12 months, or is expected to result in death. Supplemental Security Income (SSI) For 2016 income and asset eligibility requirements, you will be eligible if you are an in- Introduction dividual with assets of $2,000 or less and If you have little or no income and few as- have a monthly income of less than $733. sets, you may be eligible to receive additional A couple may have assets of $3,000 and a monthly cash benefits through theSupple - monthly income of $1,100 or less. If your mental Security Income (SSI) program. SSI is actual income and assets exceed these levels, a national program designed to assist persons you may still be eligible for SSI benefits after in need of financial assistance who are 65 asset and income adjustment for assets that years of age or older, blind, or disabled. It is are not counted. administered by the Social Security Admin- istration, but is based on financial need, not These are some of the assets that will not be employment. counted:

Eligibility Requirements • the home in which you live and the land it To qualify for SSI, you must apply at a Social is on, regardless of value; Security Administration office. You must be able to prove that you are at least 65 years of • one vehicle, regardless of value, if it is used age or, if younger, that you are either blind for transportation for you or a member of or disabled. You also must prove that you your household; are a United States citizen, or that you are a “qualified” immigrant according to the SSI • life insurance policies, if their total face program rules and that you meet all income value on any one person is $1,500 or less and asset requirements. (if it is more than $1,500, only the cash surrender value counts); In 1996, the SSI program changed its eligibility rules to apply to non-citizens. If your • household goods and personal effects; SSI benefits have been terminated because of your immigration status or you just want to • a burial account worth up to $1,500 and verify that you are a “qualified” immigrant, burial places for your immediate family; you should speak with a lawyer who specializes in immigration or Social Security law. • grants, scholarships, fellowships, or gifts set aside to pay educational expenses for nine For purposes of SSI eligibility, you will qualify months after receipt; as blind if you have central visual acuity of 20/200 or less in your better eye with the use • retroactive SSI or Social Security benefits of a corrective lens or if you have visual field for up to nine months after you receive restriction of 20 degrees or less. them.

You will qualify as disabled if you are any of The following income, as well as other sources the following: of income, will also not affect SSI eligibility or payments: • unable to engage in any gainful employment due to a physical or mental impair- • the first $20 per month from sources other ment; and than employment (such as Social Security checks, pensions, annuities, gifts, etc.);

10 • the first $65 per month in earnings from a Right to Appeal job and only half of any earnings in excess If you apply for Social Security benefits or SSI, of $65; or if you are receiving either or both, and you do not agree with a determination made by • the value of Supplemental Nutrition Assis- the Social Security Administration, you may tance Program (SNAP) received; challenge that decision with an appeal. The types of decisions that are appealed usually • food or shelter you received from a private relate to application denials or reduction or nonprofit organization; or termination of benefits. Generally, there are four levels of appeal: (1) Reconsideration; • home energy assistance. (2) Hearing by an administrative law judge; (3) Review by the Appeals Council; and (4) In 2016, the maximum SSI monthly payment Review by a Federal Court. Here are the re- is $733 to individuals and $1,100 to couples, quired steps: but the amounts will vary depending on how much other income is available. Benefits to an • You must ask in writing or online for re- individual or couple living in someone else’s consideration within 60 days of receiving household or receiving a small income may notice in writing by completing a Form be reduced. Your SSI payment may increase SSA-561 (Request for Reconsideration) or every January in which the cost of living has a Form SSA-789 (Request for Reconsid- increased 3 percent or more during the pre- eration – Disability Cessation) from the vious year. Even if you are only eligible to Social Security Administration of any de- receive $15 per month, do not pass up the termination concerning your benefits. The opportunity to receive SSI benefits. forms are on the web at www.ssa.gov. The Social Security Administration considers SSI can mean more than cash help. In Florida, that you received the notice five days after if you receive SSI payments, you automati- the date on the notice. cally also get medical assistance (Medicaid). Medicaid may cover charges not covered by • If you disagree with the results of the re- Medicare. For example it may pay for a doc- consideration, you may ask for a hearing tor, hospital, home health care, home and before an administrative law judge. You community based services, nursing home, must make your request in writing within hospice, transportation, dental and visual, 60 days on Form HA-501 from the date community behavioral health, and other you receive notice of the result of the re- types of services. The Florida Medicaid pro- consideration. gram pays the cost of prescription drugs for those who qualify for this coverage. However, • If you disagree with the results of the hear- if you are covered by both Medicaid and ing before the administrative law judge, Medicare, your prescription drug coverage you may request a review by the Social will be provided under the Medicare Part D Security’s Appeals Council in Washington, Prescription Drug benefit. Medicare Part D D.C. You must do so in writing within 60 is an insurance benefit to help people with days of receiving notice of the results of Medicare pay for prescription drugs and is your hearing on a Form HA-520. The form provided through Medicare approved private can be completed online. The Council can health plans. For more information contact refuse to review your case. Medicare at 1-800-633-4227 or TTY 1-877- 486-2048. Ask about the Medicare Part D • If the Council refuses to review your case plans for Florida Medicaid beneficiaries. or you disagree with its decision, you may bring a civil lawsuit in the United States

11 District Court in your area within 60 days Optional State of notice of the Appeals Council’s decision. Supplementation (OSS) You may also be eligible for income assistance • For Social Security benefits to continue from the State of Florida through Optional during the appeal of the decision, you State Supplements (OSS) if you: must tell the Social Security Administra- tion within 10 days of the date you receive • either receive federal Supplemental Security notice of the reduction or termination of Income (SSI) or the Florida Department benefits. Benefits may only be requested of Children and Families determines you to be continued pending appeal where it or eligible; and was “determine[d] that you are not entitled to benefits because the physical or men- • reside in an Assisted Living Facility (ALF) tal impairments(s) on the basis of which that accepts state clients, mental health res- such benefits were payable is found to have idential treatment facility, an adult family ceased, not to have existed, or to no longer care home, or another specialized living be disabling. § 404.1597(a), C.F.R. arrangement.

• NOTE: If your appeal is denied, you may The Statewill supplement your income to have to pay back any money you were not cover room, board, and other services pro- eligible to receive. vided by the ALF or other authorized facility. This supplementationwill be combined with Forms are available from Social Security of- your SSI or disability benefits, andwill not fices and online at www.ssa.gov. There is a exceed an amount set by the State (for ex- very helpful video online on how to appeal a ample, during 2015, the combined benefits decision. For more information, call the Social could not exceed $811.40 for a single person Security Administration at 1-800-772-1213 in most facilities, and up to $1,622.80 for (TTY 800-325-0778, M-F, 7 a.m. to 7 p.m. couples residing in the same care facility. If the residential care facility is for mental health, To locate the Social Security Office nearest the income limits are slightly higher, $918.00 you visit, www.ssa.gov/locator, or call 1-800- and $1,836.00 for an individual and couple, 772-1213. respectively.) If you qualify the State will also make available $54 per month for personal The advice of an attorney is important at needs. Additional amounts may be provid- all stages in the appellate process. You may ed for residents of facilities which provide qualify for the free services of an attorney limited mental health services. A third party depending on your income and assets. If you may contribute to the cost of care without do not qualify or you cannot pay your attorney affecting your eligibility as long as payments before the appeal, and if you win, the court are made directly to the facility on behalf may allow your attorney up to 25 percent of of the resident and not directly to the OSS your award. If you are unable to afford an recipient. For more information, contact your attorney, contact your local Legal Services local Department of Children and Families, office. If they are unable to assist you, contact Adult Services Program Office, or visitwww. The Florida Bar’s Lawyer Referral Service or myflfamilies.comand search for “temporary the local bar association lawyer referral service cash assistance.” in your area for the county in which you reside. (See Reference and Referral Information section of this Handbook for locations and phone numbers.)

12 FINANCIAL ASSISTANCE Supplemental Nutrition Assistance Program

Introduction If you are age 60 or older, or disabled, your The federal Supplemental Nutrition Assis- household may qualify if the value of your tance Program (SNAP, formerly known as household’s money and property does not “food stamps”) guarantees an adequate diet exceed $3,250. Your household’s net monthly to the nation’s population. If you are living income must also fall within the limits set on a fixed income, like millions of other older by law. Those limits are laid out below, and Americans, you may be facing difficulties in the numbers are current through September covering your nutritional needs. SNAP will 30, 2016. However, it should be noted these increase your purchasing power and enable numbers may be larger than the normal ben- you to obtain a more balanced diet. efits awarded:

The SNAP program issues benefits,free of HOUSEHOLD ** HOUSEHOLD MAXIMUM AMOUNT charge, to eligible households. In Florida your MEMBERS NET INCOME MONTHLY BENEFIT benefits are deposited into a food assistance 1 $981 $194 (SNAP) account each month. These benefits 2 $1,328 $357 are placed on your Electronic Benefits Transfer 3 $1,675 $511 (EBT) ACCESS card. This is how you receive 4 $2,021 $649 your cash and food assistance (SNAP) benefits. In Florida, the program is administered 5 $2,368 $771 by the Florida Department of Children and 6 $2,715 $925 Families (DCF). 7 $3,061 $1,022 8 $3,408 $1,169 Eligibility Requirements Additional $347 $146 Eligibility is determined by your household’s Members per member per member income, resources, and immigration status. If you live by yourself, or if you purchase ** Monthly income limits are those for an entire and prepare your food separately from your household, which includes an elderly person who housemates, you are a single household and cannot purchase and prepare food separately. your income and resources alone will determine whether you get SNAP. Otherwise, the Certain deductions (i.e., expenses subtract- income of all members of a household (i.e., ed from the household’s gross income when all persons living together for whom food is determining the amount of benefits for the purchased in common and meals are prepared month) can be taken including a 20 percent together) will be counted together. deduction from earned income, a standard deduction of $149-$160 depending on household size, certain medical expenses, etc.

13 Contact the Department of Children and of assistance, you should notify the Nutrition Families (DCF) office nearest you for further Assistance office at once. If you are still dis- information, or visit www.myflorida.com/ satisfied with the results, you have the right accessflorida. to a fair hearing. You may request a hearing through the office in writing, in person, or by How to Apply telephone. At the hearing you can explain why Applications for SNAP benefits are made you disagree with the action taken. You may through the Automated Community Connec- want to take a relative, friend, or attorney with tion to Economic Self Sufficiency (ACCESS) you to help. If a favorable decision is made you system. This system is operated by the Florida will receive retroactive relief for any missed Department of Children and Families. You benefits. (For information on how to obtain must apply at www.myflorida.com/access- an attorney if you cannot afford one, see the florida or at a community partner sites. You Reference and Referral Information section of can find your local community partner by this Handbook. Most legal services programs searching online at www.dcf.state.fl.us/ac- in Florida have attorneys who work on public cess/CPSLookup/search.aspx. Even if you benefits such as SNAP, and if you qualify for don’t have all the information you need, you their services, can be very helpful.) should fill out everything you can and file it immediately; if you are found to be eligible, SUNCAP Program you may receive benefits from the date of The SUNCAP Program is a special Food As- filing. So do not delay applying. sistance Program for individuals who receive Supplemental Security Income (SSI.) You may If the Supplemental Nutrition Assistance of- be eligible to receive food assistance benefits fice determines that you are eligible, youwill through the SUNCAP Program without any receive a notice and a Food Assistance I.D. additional application, paperwork, or inter- card within 30 days from filing the applica- views. tion. If you need help immediately and cannot wait until your application is processed, you A Final Word should inform the office. Youwill receive the Remember, the purpose of the program is card within five days from the application to guarantee an adequately nutritious diet. date if you are eligible for “expedited services.” You need not be penniless to qualify. If you You may be eligible for “expedited services” are having problems stretching your food if your combined gross income and resources dollars, do not hesitate to contact your local are less than your combined shelter and utility Supplemental Nutrition Assistance Program expenses. office to apply. Right to a Hearing If your application is denied, or if you feel that you were not issued the correct amount

14 FINANCIAL ASSISTANCE Veterans' Benefits

Those persons (and their dependents) who • medical care for dependents or survivors of have served or are currently on active duty a totally and permanently disabled veteran service in the United States Armed Forces, (disabled due to his or her service, or who the National Reserves, or the National Guard died as a result of the service); may be eligible for a wide range of benefits provided by the Veterans Administration • nursing home care; (VA.) To be eligible, a discharge that was not dishonorable is required. Although some • home care for permanently disabled vet- benefits are available to all veterans, others are erans; available only to veterans who have served during specific periods. If you are a veteran or • alcohol and drug treatment; veteran’s dependent and wish to obtain more information, write, call, or visit a Veterans • prosthetic appliances and aids and services Benefits Counselor at your nearest VA office, for the blind; or Veterans Service Office. Call 1-800-827- 1000 or visit www.va.gov to find the location • educational assistance for the veteran and of the VA office nearest you. his or her dependents;

The following is a list of some of the benefits • vocational rehabilitation (disability require- for which either you and/or your dependents ments do apply); may be eligible: • VA guaranteed loans for homes, condo- • disability benefits ranging from $127 to miniums, and mobile homes (also available $2,769 monthly (or more for certain severe to surviving spouses); disabilities or if you have dependents); • payment to remodel or help pay for homes • clothing allowance if a service-connected already specifically adapted for use of a disability requiring special appliances (in- wheelchair; cluding a wheelchair) is determined to wear out or tear clothing; • life insurance;

• pension; • mortgage life insurance for homes specially adapted for use of a wheelchair (up to • hospitalization and outpatient medical $200,000); treatment; • death benefits for survivors of a disabled veteran (including parents in some cases);

15 • presidential memorial certificates; is receiving VA benefits at the time of his or her death. • reemployment rights, job-finding assistance, employment in the federal govern- In addition to the VA itself, each county has ment, and unemployment compensation; a Veterans’ Service Office. Veterans’ Service Offices act as advocates for veterans and are • burial flags, burial in national cemeteries, often very knowledgeable about how to work a headstone or a grave marker; and with the VA to obtain benefits for a veteran and/or his or her dependents or survivors. • reimbursement for burial expenses only if the veteran dies in a VA medical facility or

16 FINANCIAL ASSISTANCE Retirement Income

Pension and Department of Labor, or on the national web- Retirement Plans site at www.dol.gov. for the office nearest you Pension and retirement plans are common in many types of employment. You should Additional information on retirement plan check with former employers to find out if protections and the Employee Retirement there were any pension programs in existence Income Security Act (ERISA) are found at during the time of your employment, and if www.dol.gov. Search for “ERISA.” you now are eligible to receive benefits. You definitely should inquire if you contributed To file a lawsuit, you should seek legal advice to a retirement plan and are not receiving any from an attorney. You may be able to obtain benefits. If you cannot locate your former an attorney referral from the National Pen- employer to check on possible pensions, the sion Lawyers Network (NPLN) on a pro Pension Rights Project might be able to help. bono (free) or low-fee basis. NPLN attorneys While there is no Pension Rights Project in address the full range of retirement benefits Florida, there may be one in the state where and include specialists in divorce, and claims you worked prior to moving to Florida. You for benefits in private, nonprofit, and public can contact the Project at www.pension- pension plans. There is an attorney Request rights.org/find-help. Referral form to fill out atwww.pension - rights.org/help/npln, or call 1-888-420-6550. If you believe that you are entitled to receive benefits and your former employer disagrees, Individual Retirement you are entitled to receive a denial in writing, Accounts (IRAs) explaining the reasons in plain language. A savings program which is a significant supplement to retirement income is the Individual If you have been denied pension rights or Retirement Account (IRA.) By legislation, proper requests for further information, or each individual worker and non-working if the fund is being mishandled by the peo- spouse may establish a private retirement ple administering it, you can report it to the fund. An individual worker may contribute United States Department of Labor and/or up to $5,500 a year to a tax deferred retire- file suit in federal court. The court may award ment account or $6,500 if you were age 50 all or a portion of the costs and expenses, in- or older by the end of 2013. A married couple cluding reasonable attorney’s fees, to the party may contribute up to $5,000 each for a total prevailing in court. If you wish to report to of $10,000 even if one spouse had little or the Department of Labor, you should check no income. A married couple may contribute in the white pages of your local telephone as much as $12,000 a year if both spouses directory under United States Government, are over age 50. Taxes are deferred until the money is withdrawn. A worker may contribute

17 to an IRA up to the age of 70 1/2. One must al IRA can be rolled over into a Roth IRA; begin to withdraw from the IRA and thus however, it is strongly recommended that you pay taxes by April 1st of the year following consult with a financial planner to discuss the year that one turns 70. whether this option is financially beneficial to you. In 1997, Congress created a new type of individual retirement account, commonly referred Changes in the tax code limit or eliminate the to as the Roth IRA. The Roth IRA differs IRA deduction for workers who are covered by from a traditional IRA in the following ways: employer-sponsored pension and retirement (1) the contributions are not tax deductible, plans. It pays to shop around for an IRA so however, (2) when the owner does withdraw that the plan you adopt will meet your needs. money from the Roth IRA, the distributions For example, some IRAs are insured up to are tax free (as long as the account has been $100,000 by the Federal Deposit Insurance opened for five years and the money is with- Corporation (FDIC), while others are not. drawn after age 59 1/2) and (3) the owner of Consult your banker, plan manager, or finan- the Roth IRA is not required to withdraw any cial advisor for further information. money from the Roth IRA during his or her lifetime. Assets currently kept in a tradition-

18 FINANCIAL ASSISTANCE Tax Relief

Real Property Tax property tax if certain income requirements Property tax expenses can hit hard if you are are met. retired or unable to work and live on a fixed income. To alleviate the property tax burden, Application for homestead exemptions for Florida grants its homeowners relief under a next year’s taxes must be made at the Prop- homestead exemption provision. This exemp- erty Appraiser’s Office of your county prior tion is available to any person who holds legal to the March 1 deadline, though there are title to real property in Florida and uses the now good-cause exceptions to that deadline. property as his or her permanent residence. The applicant must have resided in the home Currently, the homestead exemption allows before January 1 of that year. If a new deed the homeowner to subtract up to $50,000 has been filed on your property, youwill lose from the assessed value of the home for non- your homestead exemption unless you reap- school taxes, while school district taxes are ply in person. Filing a new deed can include limited to a $25,000 deduction. For exam- adding or removing a name from the deed, ple, if the home is assessed at $100,000, the without a sale of the property. Each taxpayer owner pays taxes only on $50,000 once the wishing to apply for an exemption should homestead deduction has been claimed for contact the county property appraiser’s office. non-school taxes, and pays taxes on $75,000 The property appraiser’s offices have detailed for school district taxes. The homestead tax information concerning eligibility and the exemption also caps the rate at which the necessary documents and forms required to assessed value of the real property may be apply for each exemption. increased each year to the lesser of 3 percent or the rate of inflation. (See Housing Section If you have any questions on how to obtain of this Handbook for further information.) these exemptions, you should call your property appraiser’s office listed in the white Other exemptions available include a $500 pages of your telephone directory under your tax exemption for disabled persons, veterans, county’s name. A list of property appraisers' and widows or widowers as long as they re- offices throughout Florida can also be found at main unmarried, a $5,000 veteran’s disabil- dor.myflorida.com/dor/property/ ity exemption, and additional senior citizen appraisers.html. exemptions in certain counties and cities. Real property owned by a quadriplegic is Homestead Property exempt from all property taxes. Real property Tax Deferral owned by a paraplegic, hemiplegic, a person Florida’s unique Homestead Property Tax who is legally blind, or a person dependent Deferral Act permits the real estate tax on a on a wheelchair for mobility is exempt from residence that qualifies under the homestead exemption statute to be deferred. You may

19 defer a portion or all of your property taxes • The total of these deferrals cannot exceed and any non ad valorem assessment (special 85 percent of the home’s assessed value, and assessments and service charges that are not your outstanding mortgage cannot exceed based upon the value of the property and 70 percent. millage.) Your property will not be foreclosed upon as long as all legal requirements are met A decision of the tax collector denying an and no other tax certificates are unpaid. The application for tax deferral may be appealed deferred taxes are treated as a lien against to the Property Appraisal Adjustment Board your homestead. (PAAB) within 20 days of the notice of dis- approval. Contact the local PAAB for infor- All taxes deferred plus interest become due and mation regarding the appeal process. payable to the county if the following occurs: You may obtain a tax-deferral application from • You sell your home; the County Tax Collector’s office after No- vember 1. The application must be submitted • Homeowners' and fire insurance are not on or before January 31 of the following year. maintained; The Homestead Property Tax Deferral Act • Change of property use occurs and it is not does not prevent collection of personal prop- eligible for homestead exemption; or erty taxes which become a lien against the homestead, nor does it defer payment of • You die without a surviving spouse. (Pro- special assessments. It does not affect any viding all conditions are met, a surviving provision of any mortgage or any instrument spouse can continue to defer taxes.) requiring a person to pay ad valorem taxes. On the other hand, the fact that a mortgage Eligibility Requirements holder chooses to pay the taxes when the • Age 65 or older with an adjusted gross borrower qualifies for tax deferral does not household income of no more than $28,448 give him a right to foreclose. (for 2015.) (All taxes may be deferred.) While the Homestead Property Tax Deferral • If your total household income exceeds Act offers older Floridians relief from property these limits and you are age 65 or older, taxes, it is somewhat complicated and should taxes that are more than 3 percent of your be thoroughly studied and understood be- household income may be deferred. Social fore the application is undertaken. For more Security income is not included as part of information, call the tax collector’s office of household income. your county.

• If you are under age 65, you may also qual- Income Tax ify for the deferment plan if your taxes There is no state income tax in Florida. exceed 5 percent of your household income. If your income is less than $10,000, you For assistance in preparing your federal in- may defer all taxes. come tax forms, you may call the Internal Revenue Service (IRS) at 1-800-829-1040 • You must provide proof of eligibility for or visit www.irs.gov. You may also request homestead exemption by documenting fire income tax information from the AARP by and homeowners’ insurance on the property writing to AARP, 601 E. Street N.W., Wash- and by submitting the most recent income ington, D.C. 20049, calling 1-888-687-2277, tax return. or visiting www.aarp.org.

20 Everyone is entitled to a personal exemption nancial circumstances. As of 2015 (income regardless of age. The 2016 personal exemp- taxes for the 2014 calendar year), if you and/ tion is $4,050. or your spouse are over age 65 and file a joint return, you and/or your spouse are each en- In addition to the personal exemption, if you titled to an additional deduction. The extent are 65 or older, you are eligible for addition- of the deduction depends on the type of tax al deductions on your federal income taxes. return filed. For taxes filed for calendar year Whether you want to take advantage of these 2015, the standard deduction is as follows: deductions will depend on your personal fi- Standard Deduction Chart for Most People* IF YOUR FILING STATUS IS... YOUR STANDARD DEDUCTION IS: Single or married filing separately $ 6,200 Married filing jointly or qualifying 12,400 widow(er) with dependent child Head of household 9,100 * Do not use this chart if you were born before January 2, 1950, are blind, or if someone else can claim you (or your spouse if filing jointly) as a dependent.

Standard Deduction Chart for People Born Before January 2, 1950, or Who Are Blind** Check the correct number of boxes below. Then go to the chart. You: Born before January 2, 1950  Blind  Your spouse, if claiming spouse’s exemption: Born before January 2, 1950  Blind  Write total number of boxes checked: ____ IF your filing status is... AND the number of THEN your standard boxes checked is... deduction is... 1 $ 7,750 Single 2 9,300 1 $13,600 Married filing jointly or 2 14,800 qualifying widow(er) with dependent child 3 16,000 4 17,200 1 $ 7,400 2 8,600 Married filing separately 3 9,800 4 11,000 1 $10,650 Head of household 2 12,200 ** If you are not blind and were born after January 2, 1950, do not use this chart. Furthermore, do not use this chart if someone else can claim you (or your spouse if filing jointly) as a dependent, regardless of age or visual impairment.

21 Standard Deduction Worksheet for Dependents. Use this worksheet only if someone else can claim you (or your spouse if filing jointly) as a dependent.

Check the correct number of boxes below. Then go to the worksheet. You: Born before January 2, 1950  Blind  Your spouse, if claiming spouse’s exemption: Born before January 2, 1950  Blind  Total number of boxes checked: ____

1. Enter your earned income*. If none, enter -0-. 1. 2. Additional amount. 2. $350 3. Add lines 1 and 2. 3. 4. Minimum standard deduction. 4. $1,000 5. Enter the larger of line 3 or line 4. 5. 6. Enter the amount shown below for your filing status. • Single or married filing separately—$6,200 6. • Married filing jointly—$12,400 • Head of household—$9,100 7. Standard deduction.

Enter the smaller of line 5 or line 6. If born after a. January 1, 1950, and not blind, stop here. This is your 7a. standard deduction. Otherwise, go on to line 7b.

If born before January 2, 1950, or blind, multiply $1,550 b. 7b. ($1,200 if married) by the number in the box above.

Add lines 7a and 7b. This is your c. 7c. standard deduction for 2014.

* Earned income includes wages, salaries, tips, professional fees, and other compensation received for personal services you performed. It also includes any taxable scholarship or fellowship grant.

22 In addition to the standard deductions, certain your benefits are not taxable. If you received elderly (age 65 or older) or disabled taxpayers income from other sources, your benefits will can take a credit when filing a Form 1040 or not be taxable unless your income was more Form 1040A. Thiscredit will depend on your than the base amount for your filing status. income. Please speak to a tax advisor for more If married and filing jointly, the base amount information or visit www.irs.gov. is $32,000. If you are single, a head of household, a qualifying widow with a dependent, In the Taxpayer Relief Act of 1997, Congress or married and filing separately, then the base made changes regarding the tax implications amount is $25,000. of the sale of a primary residence. Under the new rules, a couple can exclude up to Even if a couple has not paid federal income $500,000 of taxable gain on the sale of their tax for years because Social Security was the home and a single person can exclude up to only income, a spouse’s death could change $250,000. In order to qualify for this tax that. Most notably, there may be large distri- exemption, you must have owned the home butions from the decedent’s retirement fund for a minimum of two out of the last five or other assets that would generate an “IRS years prior to the sale, have used the home Form 1099.” The surviving spouse should as your primary residence for two out of the be aware that an income tax liability may last five years, and, finally, you cannot have be generated from these distributions. Save sold another primary residence within two all 1099s that arrive in the mail to take to a years of the date that you intend to sell your tax preparer, or call AARP for a nearby free current home. tax preparation site during tax filing season.

Like most income, your Social Security bene- Unemployment compensation benefits are fits may be taxable. How much of yourSocial always taxable. For further information on Security benefits are taxable depends on your federal income tax benefits for older Floridi- total income and marital status. Generally, if ans, contact the IRS at 1-800-829-104) or at Social Security benefits are your only income, its website, www.irs.gov.

23 FINANCIAL ASSISTANCE Reverse Mortgage

Another way to ease the financial pressures reverse mortgage. Credit history and ability of retirement is a reverse mortgage. A re- to afford mandatory property charges are verse mortgage works much like a standard considered in the assessment. A mandatory mortgage loan, only in reverse. By placing a set aside for property charges, based on life reverse mortgage on your home, a senior (62 expectancy, can now be required for reverse or older) and a younger (under 62) spouse of mortgage loan approval. a senior can receive monthly payments for a fixed period or as long as the senior or sur- Generally (see discussion of surviving spouses viving spouse live in the home. Seniors can below), the reverse mortgage becomes due and also establish a personal line of credit using a payable when the borrower no longer occupies similar financial vehicle. To be eligible for an the home as a principal residence (i.e., the bor- FHA-insured reverse mortgage, you must own rower sells, moves out permanently, or passes your home and be 62 years of age or older or away.) At that time, the balance of borrowed the spouse of a senior. The amount of benefits funds is due and payable, and all additional you receive will depend on your age and the equity in the property belongs to the owners age of your spouse, the type reverse mortgage or their beneficiaries. If the borrower sells the program you choose, the value of your home, property and the loan balance is more than current interest rates, and for some products, the property is worth, the lender will take the where you live. Cash from a reverse mortgage proceeds from the sale as full payment on the may be obtained in a lump sum, a monthly loan, and will pursue FHA insurance to cover payment, or a line of credit, depending on any remaining balance. If the reverse mort- the lender’s program. gage becomes due and payable upon the death of the last surviving borrower and the property A reverse mortgage is different from a “home is conveyed by will or operation of law, the equity loan.” A home equity loan requires lender will take the lesser of the loan balance monthly loan payments, and a reverse mort- or 95 percent of the current appraised value as gage does not. However, a reverse mortgage full payment on the loan. Reverse mortgages does require that the borrower stay current do have disadvantages. First, reverse mortgag- with property taxes, required property in- es deplete the equity in your home. Second, surance, which can include wind and flood eligibility for some government benefits may insurance, and homeowners and condomini- be affected by obtaining areverse mortgage um association assessments and fees. Failure to including, but not limited to Social Security, stay current on those payments is a mortgage Medicaid, Supplemental Security Income, and default that can lead to foreclosure. Beginning Supplemental Nutrition Assistance. Keeping with reverse mortgage case numbers assigned money in a reverse mortgage line of credit will on or after April 27, 2015, a financial assess- not count as an asset for Medicaid eligibility ment is performed prior to approval for a as this would be considered a loan and not a

24 resource for Medicaid spend-down. However, he or she cannot redeem the property for 95 transferring the money to an investment or percent of its appraised value. Significantly, to a bank account would represent an asset HUD now allows mortgage lenders to assign and would trigger a spend-down requirement, those mortgage loans to HUD, allowing the i.e., it may affect yourMedicaid Eligibility. surviving spouses to remain on the property. It is important to check with the appropri- The surviving spouse needs to be aware that ate government agency providing benefits to there are very short time frames for notify- determine whether the reverse mortgage will ing the lender or servicer that the spouse is affect eligibility. Although you have the right choosing this option and for complying with to change your mind about getting a reverse the requirements for assignment, including mortgage up to three days after the loan is property title requirements. closed, it is important to thoroughly research all consequences of getting a reverse mortgage. Because this area has undergone so much change in recent years, anyone affected by a re- The law regarding FHA-insured reverse mort- verse mortgage should confirm that the above gages and non-borrowing surviving spouses information is correct and has not changed changed significantly in 2014 and 2015 as since the publication of this handbook. For a result of litigation and changes in HUD more information on reverse mortgages, visit regulations. Effective with reverse mortgage www.fanniemae.com or call 1-800-732- case numbers issued on or after August 4, 6643. Also, for a guide on reverse mortgages, 2014, for couples who were married at the time visit www.aarp.org and search for “reverse of the reverse mortgage loan, the mortgage mortgage.” You may also write to the follow- cannot be called due and payable based on ing address: death, until the death of both spouses. For reverse mortgages with case numbers issued AARP prior to August 4, 2014, if a spouse was not Consumer Affairs Section included as a borrower on the reverse mort- 601 E Street, N.W. gage, that spouse faces possible foreclosure Washington, D.C. 20049 upon the death of the borrowing spouse if

25 FINANCIAL ASSISTANCE Disaster Relief

If disaster strikes in your area and you incur canic eruption, landslide, mud slide, drought, any losses, you may be eligible for disaster fire, explosion, or other catastrophe in your relief. There are various federal, state, and local area, and is so declared by the President, di- assistance programs designed to aid disaster saster assistance centers will be set up to help victims. Below are some of the kinds of help you apply for available relief. Information on which may be available in your area: where to apply for relief will be made available by local authorities, local offices of the Red • SNAP (food stamps) benefits; Cross and the Salvation Army, as well as the media. • Emergency aid (such as clothing, food, medical assistance, shelter, clean-up help, Flood Insurance transportation, and furniture); The Federal Insurance and Mitigation Admin- istration has a National Flood Insurance Pro- • Temporary housing (if you cannot stay in gram designed to help persons whose homes or your home); businesses are located in specially designated flood hazard areas. If you are in a flood zone, • Unemployment assistance (if you become the Flood Insurance Program will subsidize unemployed as a result of the disaster); part of your insurance premiums against losses from flood related damage. If you do not • Job placement; live in a designated flood zone, you may still purchase floodinsurance, but your premiums • Disaster and emergency loans (to rebuild/ will not be subsidized through this program. repair/replace your home, your business, or your personal property); Flood insurance is sold through regular insurance agencies that participate in the pro- • Tax refunds; and gram. For additional information, contact your insurance agent or the Federal Insur- • Grants to meet serious needs caused by the ance and Mitigation Administration, toll free: disaster (i.e., medical and dental expenses, 1-800-621-3362 or TTY 1-800-462-7585 for replacement of personal property, funeral disaster relief. expenses, and more.) To Obtain Relief If a major disaster or emergency results from a hurricane, tornado, storm, flood, high water, wind driven water, tidal wave, earthquake, vol-

26 HEALTH CARE Medicare, HMOs, and Hospitals

Te Affordable Care Act (ACA) was signed B, through coordinated care plans such as into law on March 23, 2010. As of January HMOs, preferred provider organization plans, 1, 2014, all Americans are required to obtain fee-for-service plans, or medical savings plans. health care coverage through their employer, an individual health plan, or programs such Prescription Drug Benefit (also called Medi- as Medicare and Medicaid, unless they meet care “Part D”) is a voluntary program, offered an exemption. only through private plans under contract with the Centers for Medicare and Medicaid What Is Medicare? Services (CMS), and funded through enrollee Medicare is a federal health insurance pro- premiums (25 percent) and general revenues gram that is available to most persons age (75 percent.) To be eligible for Part D, one 65 or older, certain disabled persons under must be entitled to Part A benefits and en- 65, and anyone with end-stage renal disease rolled in Part B. (ESRD), regardless of age. It is administered by the Social Security Administration. Medi- Eligibility care provides basic protection, but it does not cover all your medical expenses. Eligibility for PART A: HOSPITAL INSURANCE Medicare is not based on financial need. If If you are 65 or older, you are eligible if the you meet the requirements set by Congress, following applies to you: you are eligible for coverage regardless of your wealth or income. • You receive Social Security or Railroad Retirement Act benefits; or There are four parts ofMedicare: • You don’t receive Social Security or Rail- Hospital Insurance (also called Medicare road Retirement Act benefits, but you have “Part A”) is financed mostly by part of the worked long enough to be eligible for them; payroll (FICA) tax. or

Medical Insurance (also called Medicare • You would be entitled to Social Security “Part B”) is financed by monthly premiums benefits based on your spouse’s (or divorced paid by persons who choose to enroll. spouse’s) work record, and your spouse is at least 62 (your spouse does not have to apply Medicare Advantage (also called Medicare for benefits in order for you to be eligible “Part C”) replaced what was Medicare + based on your spouse’s work); or Choice in 2006 and operates to give a beneficiary an alternative to receivingMedicare benefits under the traditional Parts A and

27 • You have worked long enough for federal, • You are the spouse or dependent child of state, or local government to be insured a person who has worked the required through Medicare. amount of time under Social Security, the Railroad Retirement Act, or as a govern- If you are under 65, you are eligible if the ment employee; or are getting Social Secu- following applies to you: rity of Railroad Retirement Act benefits.

• You have been receiving Social Security or In addition, your spouse or children may Railroad Retirement Act Disability benefits be eligible, based on your work record, if for 24 months; or they receive maintenance dialysis or a kidney transplant, even if no one else in the family • You have been receiving Social Security is receiving Medicare Benefits. disability benefits and have amyotrophic lateral sclerosis (“ALS”); or PART B: MEDICARE MEDICAL INSURANCE • You have worked long enough in federal, In general, an individual is eligible for enroll- state, or local government, and you meet ment in Part B if he or she the requirements of the Social Security disability program; or (1) Is eligible to receive benefits under Part A, or • If you receive a disability annuity from the Railroad Retirement Board, you may be (2) Is 65, a U.S. citizen, or alien eligible for hospital insurance after you serve permanent resident of at least five years. a waiting period. (Contact your Railroad Retirement Office for further details.) In fact, anyone entitled to Part A benefits is automatically enrolled and covered for Part FAMILY MEMBERS WHO B benefits unless they indicate that they do MAY GET MEDICARE not want such coverage. Under certain conditions, your spouse, ex- spouse, widow or widower, or a dependent Signing-up for Medicare parent may be eligible for hospital insurance when he or she turns 65, based on your work Hospital Insurance (Part “A”) record. Also, disabled widows and widowers Some people have to apply for hospital insur- under 65, disabled divorced widows or wid- ance. For others, it starts automatically. owers under 65, and disabled children may be eligible for Medicare. • If you are already getting social security or railroad retirement act checks starting from IF YOU HAVE KIDNEY FAILURE the first month when you turn 65, youwill You are eligible for hospital insurance at any be automatically enrolled. You will receive age if you receive maintenance dialysis or a a package in the mail two to three months kidney transplant, have filed an application before you turn 65 containing your Medi- for Medicare, and: care card, information, and a sign-up form for the medical insurance part of Medicare • You are insured or are getting monthly ben- (Part B.) If you keep the sign up card, you efits underSocial Security or the Railroad will automatically be enrolled in Part B Retirement Act, or and will pay the Part B premiums. Follow the instructions that come with the card • You have worked long enough in govern- to avoid signing up for Part B. Enrollees ment to be eligible for Medicare, or from Puerto Rico must sign up for Part B.

28 • If you plan to retire at 65, contact So- B as well. These premiums are based on your cial Security three months before your income level. (If you are an alien, you must be 65th birthday to sign up for Medicare a lawfully-admitted permanent resident and and for Social Security benefits. You can have lived in the U.S. for at least five years also apply for Part A and Part B online at before you can purchase Medicare.) If inter- www.socialsecurity.gov/retirement. ested, you should contact Social Security for more detailed premium information, or visit • If you are about to turn 65, but you don’t www.medicare.gov/eligibilitypremiumcalc. plan to retire, you are still eligible for Medi- care hospital insurance. You should contact • If you are under 65 and used to be enti- Social Security three months before your tled to Social Security Disability Insurance 65th birthday to sign up. benefits andMedicare but you lost those benefits solely because you were working, • If you are a government employee or retiree and if you are still disabled, you can buy who is eligible for Medicare, you should Medicare coverage in the same way as contact Social Security three months before described above for those age 65 or over, your 65th birthday to apply. but you do not have to enroll in Medicare medical insurance (Part B.) • If you are disabled and under 65, you will automatically receive the Medicare enroll- • If you, your spouse, or your dependent ment package about three months before child has permanent kidney failure, contact you become eligible for Medicare. You be- Social Security to see if you are eligible for come eligible after you have been entitled Medicare. to disability benefits for 24 months. Medical Insurance (Part B) • If you are a disabled widow or widower Unlike Medicare hospital insurance, you have between 50 and 65 but have not applied for to pay a monthly premium for Medicare med- disability benefits because you are already ical insurance. These premiums are based on getting another kind of Social Security your income level. The premium is deducted benefit, you may be eligible for Part Ain - from your Social Security benefit. For premi- surance. Contact Social Security. um information, visit: www.medicare.gov, or contact Social Security. • If you are a government employee and you become disabled before 65, you may be Enrolling if You Are Receiving eligible for Medicare based on your work in Social Security or Railroad government. Generally, there is a 29-month Retirement Act Benefits waiting period before hospital insurance The “enrollment package” that is mailed to benefits can begin. ContactSocial Security. you two or three months before you become eligible for Medicare tells you that you’ll • If you are 65 but don’t qualify for Medicare be automatically enrolled in both parts of hospital insurance because you don’t meet Medicare. Because there is a monthly pre- any of the circumstances described above, mium for medical insurance (Part B), you it is still possible to purchase the coverage. have the option to turn it down. (You would still receive hospital insurance under Part If you choose to purchase Part A, you will A). Complete instructions are given in the be charged a premium that is based on the enrollment packet. number of quarters of Medicare-covered employment you have accumulated. Additionally, Enrolling in Other Situations if you purchase coverage under Part A you will You need to contact Social Security to apply be required to purchase coverage under Part for medical insurance if you:

29 • Plan to continue working past 65; or not to be (except in special cases, such as if you are covered by an employer’s or spouse’s plan.) • Had medical insurance coverage in the past, but dropped the coverage; or What Does Medicare Cover?

• Turned down medical insurance when you Medicare Part A: became entitled to hospital insurance; or Hospital Insurance Medicare hospital insurance helps pay for • Are 65 but are not eligible for hospital in- inpatient hospital care, inpatient care in a surance; or skilled nursing facility, certain home health care, and hospice care. • Are eligible for Medicare based on government employment; or “BENEFIT PERIOD” OR “SPELL OF ILLNESS” • Have permanent kidney failure; or “Benefit period” and “Spell of Illness” are terms used to explain what Medicare covers. • Are a disabled widow or widower between A benefit period starts the day you enter a 50 and 65 and are not getting disability hospital or skilled nursing facility. It ends benefits; or when you have been out of the hospital (or other facility) for 60 days in a row. There is • Live in Puerto Rico or outside the United no limit to the number of benefit periods States. you can have for hospital and skilled nursing facility care. Special limits do apply to hospice When Should You Sign Up? care, however. Initially, you have only a specific period of time to decide whether you want medical INPATIENT HOSPITAL CARE insurance coverage. If you choose not to enroll If you require inpatient care, hospital in- in Medicare Part B, you may reconsider and surance helps pay for up to 90 days in any enroll during any General Enrollment period, Medicare-participating hospital during each but there may be financial consequences. benefit period. Hospital insurance pays for all covered services for the first 60 days, except Initial Enrollment Period the initial hospital deductible ($1,288 as of When you are about to become eligible for 2016), which you pay at the beginning of Part B insurance, you have seven (7) months the 60 days. For days 61 through 90, hospi- to sign up, beginning three (3) months before tal insurance pays for all “covered services” the month you first become eligible and end- except for the co-insurance amount ($322 per ing three months after that month. You should day of each benefit period as of 2016), which sign up as soon as possible to avoid delay. you also pay. Inpatient mental health care in a psychiatric hospital is limited to 190 days General Enrollment Period in a lifetime. If you don’t sign up during the initial enrollment period, but later change your mind, you If you are out of the hospital for at least 60 are given another chance to sign up each year. consecutive days, and then go back in, you This general enrollment period runs from will start a new benefit period. This means January 1 through March 31 of each year. that your 90 days of coverage will start all Your insurance coverage won’t start until the over again, with the same rules as above (for following July. Your monthly premium will example, you will have to pay the initial hos- be 10 percent higher for twice the number of pital deductible again.) years you could have been enrolled, but chose

30 If you require more than 90 days of inpatient These are examples of what Medicare pays care during any benefit period, you can de- for when you are in a skilled nursing facility: cide to use some or all of your “reserve days.” semi-private room and all meals; regular nurs- Reserve days are an extra 60 hospital days ing services; dietary counseling; rehabilitation you can elect to use if you have a long illness services, such as physical therapy; and drugs, and have to stay in the hospital for more than medical supplies, and medical appliances. 90 days, or if you are forced to re-enter the hospital fewer than 60 days since you last left. NOTE: Medicare does not pay for “custodial You have only 60 reserve days in your lifetime, care” (care that could be given by someone and you decide when you want to use them. who is not medically skilled, for example to Since reserve days are not renewable, if you help with dressing, walking, or eating). do not want to use them (for example, some other insurance may cover the extra days) you HOSPICE CARE must notify the hospital in writing ahead of A hospice is a facility or program that provides time. For each reserve day you use, hospital pain relief and other support services for the insurance pays for all “covered services” except terminally ill. Medicare hospital insurance for a daily coinsurance amount, which you can help pay for hospice care for terminally are required to pay. ill beneficiaries if the care is provided by a Medicare-certified hospice and certain oth- Here are examples of what Medicare hospital er conditions are met. Under the Original insurance pays for when you are in a hospital: Medicare Plan in 2013, you pay a copayment semi-private room and all meals; regular nurs- of up to $5 for outpatient prescription drugs ing services; anesthesia services and operating and you may need to pay 5 percent of the and recovery room costs; intensive care and Medicare-approved amount for inpatient re- coronary care; drugs that are administered in spite care (short-term care given by another the hospital, as well as a limited “take home” caregiver so the usual caregiver can rest). supply if medically necessary to carry you over until you can obtain a steady supply; lab tests Special “benefit periods” apply tohospice care. and X-rays; medical supplies and appliances; Hospital insurance can pay for a maximum of rehabilitation services, such as physical thera- two 90-day periods followed by an unlimited py; and preparatory services related to kidney number of 60-day periods. transplant surgery. These are examples of what Medicare hospital SKILLED NURSING FACILITY CARE insurance covers when you need hospice care: If you need inpatient skilled nursing or re- doctor’s services and nursing services; medical habilitation services after a hospital stay and appliances and supplies, including outpatient you meet certain other conditions, hospital drugs for relief of pain; physical and speech insurance helps pay for up to 100 days in a therapy; home health aide and homemaker Medicare-participating skilled nursing facility services; medical social services; counseling; in each benefit period. and respite care (short-term inpatient care to give temporary relief to the person who nor- Currently, hospital insurance (Part “A”) pays mally assists with home care of the patient). for all covered services for the first 20 days. Hospital insurance pays almost all of the cost For the next 80 days, it pays for all covered of outpatient drugs and inpatient respite care, services except for a daily coinsurance amount with a limit of a 5-day stay for each respite ($161 as of 2016), which you are required to care visit. pay. For any days following, you are required to pay all costs. Note: In the event a patient exhausts available Part “A” benefits or receives a denial of services from the Peer Review Organization (PRO),

31 Part “B” may pay for some of the ancillary including those which are not “reasonable or services received. necessary” in the view of the Medicare intermediary. Also excluded are routine physical Part “B”: Medical checkups (except for one initial examination, Insurance Benefits the “Welcome to Medicare” visit which must If you pay the monthly premiums for Medi- be provided within six months of eligibility for care medical insurance, it helps pay for your Part “B”), and most dental care. Furthermore, doctor’s services and certain other medical any item or service which could reasonably be services and supplies that are not covered by expected to be covered by workers' compen- the hospital insurance part of Medicare. sation, an insurance liability policy, or other group health plan is excluded until the other DEDUCTIBLE entity has reached the end of its liability. Each year, before Medicare medical insurance begins paying for covered services, you HOME HEALTH CARE must meet the annual medical insurance If you are confined to your home and meet “deductible.” (A deductible is the amount certain other conditions, Medicare medical a beneficiary must pay before Medicare be- insurance can pay the full approved cost of gins paying.) After you meet the deductible, home health visits from a Medicare-partic- Medicare will generally pay 80 percent of ipating home health agency (not 24 hours the approved charges (reasonable charges) for per day). covered services during the rest of the year. You are required to pay the remaining 20 Here are some examples of what Medicare percent (the coinsurance amount) and any medical insurance, Part “B,” pays when you non-approved charges. The deductible amount need home health care: part-time skilled nurs- for 2016 is $166. For the current deductible ing care; physical, occupational, or speech amount, visit: www.medicare.gov, or contact therapy; part-time home health aides; medical Social Security. social services; and medical supplies and durable medical equipment. Medicare Part “B” PHYSICIAN’S SERVICES does not cover drugs and biologics (except Medicare medical insurance covers many osteoporosis drugs); meals or homemaker services you receive from a physician. These services; transfusions; or prosthetics. are examples of physician’s services covered by Medicare Part “B”: medical and surgical OTHER SERVICES services, including anesthesia; diagnostic tests Examples of other services which may be that are a part of your treatment; X-rays; ra- covered by Medicare medical insurance are diology and pathology services by doctors outpatient hospital services you receive for di- while you are a hospital inpatient or outpa- agnosis and treatment of an illness, including tient; treatment of mental illness (payments care in an emergency room or outpatient clinic for outpatient treatment are limited to 50 of a hospital; home dialysis equipment and percent of approved charge, instead of 80 support services; outpatient physical therapy percent); services of your doctor’s office nurse; and pathology; and radiation treatments. and drugs that cannot be self-administered (although prescription drugs may be covered The deductible and coinsurance amounts you under a Medicare Advantage Program plan must pay under Medicare medical insurance [Part “C”] and the prescription drug benefit (Part “B”) are separate and distinct from those [Part “D”]); blood transfusions; and other required under Medicare hospital insurance medical supplies. (Part “A”.)

However, a large number of items and services The reasonable charge (approved charge) is are excluded entirely from Medicare Part “B,” the amount Medicare considers to be the

32 value of the services rendered. This amount agree to give up submitting claims to Medi- may be, and in fact often is, less than the care for any of their patients for a two-year amount charged in many communities for period. You, the patient, will be responsible the services. This means that in addition to for full payment of the bill. But a doctor who the 20 percent coinsurance amount, you may has opted out of Medicare can refer a patient be required to pay the excess beyond what for Medicare-covered medically necessary Medicare considers to be a reasonable charge services, provided the physician who has opted if there has been no “assignment” of benefits. out is not being paid by Medicare.

ASSIGNMENT CAUTION: When a physician or other health Unlike Part “A,” under which the supplier of care service provider agrees to accept assign- services is always paid directly by Medicare, ment from a private insurance carrier, they Part B allows payments to be made either are doing nothing more than agreeing to bill directly to the supplier or to you. Under Part your insurance carrier for you. You remain “B,” when payments are made directly to the responsible for any charges not reimbursed supplier of services, it is called an assignment by the insurance company. of benefits. If the supplier of services (for example, your doctor, outpatient facility, etc.) What Medicare agrees to an assignment, they also agree that Does Not Cover the total charge for any covered expenses Examples of what Medicare does not pay for will be the reasonable charge as determined are “custodial care” (care that could be given by Medicare. In plain terms, the supplier safely and reasonably by a person who is not agrees that they will not seek any additional medically skilled and which is given mainly to payment from you, apart from the Part B help the patient with daily living, such as help deductible, if you haven’t met it yet, and the with walking, bathing, and dressing; even if 20 percent co-payment amount. Under this you are getting care from a participating home method, even if the supplier’s actual charges health agency, Medicare does not cover the exceed the reasonable charges as determined cost of care if it is primarily custodial care); ser- by Medicare, you can be charged only for vices payable by other government programs; non-covered services or for any deductible and most nursing home care; care you get outside coinsurance due. Generally speaking, if you the U.S. (but under certain conditions, care in can choose between having payments made Canada or Mexico might be covered); routine directly to you or assigning them directly to dental care and dentures; routine checkups the supplier, it will be to your advantage to and the tests directly related to these checkups choose assignment. Remember that if there is (except that some Pap smears and mammo- no assignment the doctor can bill you for up grams are covered); some immunization shots to 15 percent of the Medicare approved rate. (flu shots, pneumonia shots, and hepatitis B shots are covered); routine foot care; medical To obtain a list of doctors who have agreed to tests for, and the cost of, eyeglasses or hear- accept assignments (“participating physicians” ing aids; personal comfort items, such as a or PAR), contact your Social Security office or phone or TV in your room; acupuncture; your local senior service center. In addition, most chiropractic services; Christian Science be sure to check with the doctor’s office to see practitioners’ services; most cosmetic surgery; whether the office takesMedicare assignment. self-administered injections; meals delivered to your home; full-time at-home nursing care; Another possibility now exists for the private private duty nurses; services for which you contracting for medical services. Doctors can have no obligation to pay; and services which enter into private contracts with their patients are not “reasonable or necessary.” This list is to provide Medicare-covered services at rates not exhaustive; you should contact your Social set up by the doctor. In return, the doctors Security office whenever questions arise, or

33 visit www.medicare.gov and search for “what requirements. Any Social Security office can Medicare does not cover.” help you file for a review or an appeal. If you disagree with the redetermination decision Submitting Your and if the necessary requirements are met, you Claims for Payment may request reconsideration by the Qualified If you receive services covered under Part “A” Independent Contractor (QIC). Throughout or “B,” you do not have to submit any claims this appeals process there are requirements to Medicare. The institution involved will sub- and/or deadlines that may need to be satis- mit the claim, and Medicare will pay its share fied before advancing to the next step, and directly. You will be billed by the institution therefore, you may wish to have the help of for any deductible and co-insurance due, as an attorney. well as for any non-covered expenses. Some providers will require you to pay the deduct- Depending on your income and property, ible or coinsurance amounts due at the time you may qualify for a Legal Aid or Legal services are rendered. Many of the expenses Services attorney to assist you in this process. not covered by Medicare may be covered by If not, and you are disputing a disability de- your supplemental insurance policy, if you termination, the National Organization of have purchased one. You will receive a notice Social Security Claimant’s Representation explaining what Medicare has paid. The only will refer you to member lawyers in your area time you can submit your own claim is for who specialize in Social Security disability Durable Medical Equipment, such as diabetic disputes. These lawyers may take your case supplies, canes, crutches, and wheelchairs. on a contingency fee basis. For free referral information, visit floridalawhelp.org. Generally, claims must be submitted within one full calendar year following the year in Impact of Other which the services were provided. For exam- Health Insurance ple, if you see your doctor on March 22, 2013, If you have a private insurance plan, get in the claim must be submitted by December touch with your insurance agent to see how 31, 2014. your private plan fits—or “integrates”—with Medicare medical insurance. There may be If you have questions, you should telephone instances where a covered service will not the 1-800-MEDICARE Helpline (1-800- qualify for Medicare reimbursement because it 633-4227), which has a speech-automated is covered by another insurance plan you own. system, and is available 24 hours a day, including weekends, or visit www.medicare.gov. If you have health insurance from an employer group health plan, there are some special Administration and Appeals rules you should know about. Contact your of Medicare Determinations employer group health plan representative or You have the right to ask for a review if you feel Social Security for details. Medicare should have paid more, or should have paid for a service it determined was not If you have health care protection from the covered. The Medicare program is adminis- Veterans Administration (VA) or CHAMPUS tered for the Social Security Administration or CHAMPVA Program, contact the VA, by an intermediary, First Coast Service Op- Department of Defense, or a military health tions. If the intermediary makes a decision benefits advisor for information before you you disagree with, you have a limited number decide whether or not to enroll in Medicare of days to file a request for redetermination medical Part “B” insurance. with the intermediary. Carefully check the notice you receive regarding the decision on If you have health care protection from the your claim; it will outline time and procedure Indian Health Service, a federal employee

34 health plan, or a state medical assistance private fee-for-service plans, and other types program, you should contact the people in of plans. Most Medicare advantage plans offer those offices to help you decide whether it is prescription drug coverage. You can compare to your advantage to have Medicare medical plans in your area at www.medicare.gov. insurance. Options Under Medicare Supplemental Health Advantage Insurance Protection A Medicare Advantage Plan may be one of Medicare will not pay for all of your medical several types: expenses. As such you may want to purchase insurance to supplement Medicare. If so, • Health Maintenance Organization Plans please shop carefully. (HMO). In most HMO plans you can only go to doctors, other health care providers, A Medicare Supplement Insurance (Medigap) or hospitals on the plan’s list, except in policy, sold by private companies, can help pay an emergency. You may also need to get some of the health care costs that Medicare a referral from your primary care doctor does not cover, like copayments, coinsur- before seeing other physicians. ance, and deductibles. Some Medigap policies also offer coverage for services that Medicare • Preferred Provider Organization Plans doesn’t cover, like medical care when you trav- (PPO). A Medicare PPO Plan is a type el outside the U.S. If you have Medicare and of Medicare Advantage Plan offered by a you buy a Medigap policy, Medicare will pay private insurance company. In a PPO plan its share of the Medicare-approved amount for you pay less if you use doctors, hospitals, covered health care costs. Then your Medigap and other health care providers that belong policy pays its share. A Medigap policy is to the plan’s network. You pay more if you different from aMedicare Advantage Plan. use doctors, hospitals, and providers outside Those plans are ways to get Medicare ben- of the network. efits, while a Medigap policy only supplements your original Medicare benefits. See • HMOs with Point of Service Plans. These www.medicare.gov and search for “Medigap” are HMO plans that may allow you to get for more information. some services out of network for a higher copayment or coinsurance. It is crucial to comparison shop. The website www.medicare.gov lets you compare plans • Medical Savings Account Plans (MSA) in your area. combine a High-Deductible Medicare Advantage plan with a contribution to a Part “C”: Medicare Medical Savings Account. Advantage Plans If you are eligible for Medicare Part A and • Private Fee-for-Service Plans (PFFS) are enrolled under Part “B,” you can choose to similar to Original Medicare in that you receive your benefits through the original can generally go to any doctor or hospital Medicare fee-for-service program (under Parts as long as they agree to treat you and ac- “A” and “B”), or through a Medicare Advan- cept the plan's terms and conditions. The tage Plan. A Medicare Advantage Plan is a plan determines how much it will pay the type of Medicare health plan offered by a providers and how much you must pay private company that contracts with Medicare when you get care. to provide you with all your Part A and Part B benefits. Medicare Advantage Plans include Eligibility Health Maintenance Organizations (HMOs), If you are eligible for Medicare Part “A” (unless Preferred Provider Organizations (PPOs), your eligibility is based on end-stage renal

35 disease) and enrolled in Medicare Part “B,” drugs. This coverage is available to all Medi- you may elect to receive your benefits through care recipients regardless of income, illness, the traditional Medicare program (Parts “A” or prescription drug use status. Although this and “B”), or you may choose to enroll in a coverage is optional, if you do not have an Medicare Part “C” Advantage Plan by filing alternative prescription drug coverage, you the appropriate form with the Medicare Ad- should strongly consider enrolling, even if you vantage organization. Contact your Social do not currently take prescription drugs, since Security office for more details, or visit: www. you may need this coverage as you get older. medicare.gov. Visit www.medicare.gov/part-d/index.html for background information to familiarize Benefits yourself with Medicare Part “D.” If you choose to enroll in a Medicare Advan- tage plan, you will continue to receive all the How Does It Work? benefits you would receive under the original Each Part “D” drug plan is run by a private Medicare (Part “A” and “B”), subject to the company that must meet minimum standards rules of your provider. Some Advantage plans set by the federal government. You choose have no or only small monthly premiums, the Part “D” plan that best fits your personal apart from your Part B monthly payment. needs. Because each plan will vary in cover- Most include prescription drug coverage. age and price, make sure that any plan you People who have an Advantage Plan do not are interested in covers the medications that buy a Medicare Supplemental Insurance Plan you take. (Medigap). However, Medicare Advantage plans vary greatly in costs, including premi- Coverage for Part “D” plans begins on Janu- ums, deductibles, copayments, and coinsur- ary 1 and you are committed to the plan you ance amounts. Also, many plans restrict you choose for a minimum of one year. If you are to a network of doctors. Some allow you to see dissatisfied with your plan, you can switch out-of-network doctors for a higher copayment plans for the following year during the open or coinsurance. This is a complicated process. enrollment period (October 15 – December 7).

Once you sign up with a Medicare Advan- You can search plans by state at www.medi- tage Plan, coverage starts on January 1 (or care.gov/find-a-plan. This website also allows the month when you turned 65). You can you to find and compare drug plans that suit switch plans or go to original Medicare during your needs, and even enroll in a plan online. the yearly enrollment period (October 15 - December 7). You can also disenroll from How Much Will It Cost? your Medicare Advantage Plan and go back If you join a Medicare drug plan with stan- to Original Medicare during the Medicare dard coverage, you usually pay a monthly Disenrollment period, January 1 – February premium plus some out-of-pocket expenses. 14, but you may not be able to qualify for an Your premium will vary depending on the affordable Medigap policy once your one-time plan you choose. For more information about initial Medigap open enrollment period ends. costs, visit www.medicare.gov/part-d/costs/ part-d-costs.html, or contact your Social Part “D”: Medicare Security office. Prescription Drug Coverage Medicare offers optionalprescription drug When Should You Enroll? coverage for Medicare beneficiaries enrolled in Generally, you should enroll as soon as you Part “A” and Part “B.” This coverage can help are eligible if you do not have other creditable lower your prescription drug costs, protect prescription drug coverage, such as through you against higher drug costs in the future, an employer or through a Medicare Advan- and give you greater access to preventative tage Plan. If you choose not to enroll during

36 your initial enrollment period, you may be penalty for signing up late will increase the penalized by having to pay a higher premium longer you wait to enroll. Enrolling at the age if you decide to enroll later. of 67 might not result in a penalty of concern, but enrolling at the age of 75 might result Your initial enrollment period is a 7-month in a penalty that affects your finances. Your long period that begins three months before required commitment to any plan is only one you turn 65, includes the month you turn year; you may switch plans for the following 65, and ends three months after you turn year during the open enrollment period. 65. The Disability Initial Enrollment Period is three (3) months before your 25th month As with any other Medicare plan, always make of disability through three (3) months after. sure you understand what you are signing up for. Penalty for Late Enrollment For help: If you do not sign up during your initial enrollment period, you will be penalized if you • Visit the official Medicare web- choose to sign up later. This penalty is not site at www.medicare.gov; severe, but will become gradually more severe the longer you wait if you eventually sign up. • Read your Medicare handbook; The purpose of this penalty is to spread out the cost of prescription drug medications • Call the Medicare help‑line among the individuals who will benefit from at 1-800-MEDICARE that coverage. Your monthly penalty will be (1-800-633-4227); and 1 percent of the average cost of a prescription drug plan for every month you could • Call the Florida Legal Services Prescrip- have been enrolled, but were not. For more tion Drug Helpline at 1-800-436-6001. information and examples of how this works, visit www.medicare.gov and search for “Part SHINE Program D penalty.” The DOEA sponsors the SHINE program. SHINE (Serving the Health Insurance Needs Switching Medicare of Elders) is a free insurance counseling pro- Prescription Drug Plans gram designed to assist elders in sorting out Coverage for each plan begins on January 1. their health-insurance problems. If you need You can choose to switch your current plan assistance with Medicare, Medicaid, or other from October 15 through December 7 of ev- health-related insurance, a SHINE counselor ery year. If you move or enter a nursing home, can help. The SHINE program’s statewide net- you can switch your plan at other times. If work of volunteer counselors are also trained you have both Medicare and Medicaid, you to assist elders with questions or issues they can change plans at any time. Make sure to may have related to long-term care insurance review your coverage each fall to see whether and prescription assistance programs. For the you want to continue with your plan or switch. phone number of a SHINE site near you, call the statewide SHINE number, 1-800-96-EL- General Advice DER or 1-800-963-5337. If you do not have alternative prescription drug coverage, you should sign up for Medi- Fraud Hot Line care Part “D” during the initial enrollment A toll-free Hot Line has been installed by the period when you become eligible. Even if you Inspector General that you may use to report don’t need regular prescription drugs now, any evidence of fraud, waste, or abuse of the as you age chances are you may need them Medicare system. Call 1-800-447-8477 if you eventually, so you may want to consider en- have reason to believe that a doctor, hospital, rolling in a minimal drug plan. The potential or other service provider is billing Medicare

37 too much for services you did not receive or • Supplemental Security Income Program – A for services and supplies you did not need. If guide to the SSI program; and you prefer to send your complaint in letter form, write to the following address: • Guide to Health Insurance for People with Medicare. HHS Tips Fraud Hot Line Discharge Planning P.O. Box 23489 Every hospital employs a social worker who Washington, D.C. 20026 will coordinate the discharge of any patient who requests such assistance. This social Complaints worker should be advised (before discharge) Complaints about health care facilities can be if you will need transportation to your home, made to the Agency for Health Care Adminis- assistance during recuperation, long-term care tration Consumer Hotline (1-888-419-3456). assistance, help in buying groceries, and other The Agency will also provide you with free homemaking assistance. publications concerning hospital, physician, and nursing home charges. Complaints about Thehospital and/or your doctor should inform billing should be made to the Department of you of these services. In the event they do not, Agriculture and Consumer Affairs at 1-800- you should take the initiative and notify your 435-7352. doctor and the hospital of your desire to have discharge assistance. For Further Information If you have other questions about Medicare, Health Maintenance please contact Social Security. You can do this Organizations (HMOs) by visiting, writing, or calling a Social Secu- Health Maintenance Organizations (HMOs) rity office (1-800-772-1213). The telephone or Competitive Medical Plans (CMPs) are one number of your local office is listed in your way to cover your health care costs. When phone book under either “Social Security you join an HMO, you must sign over your Administration,” “U.S. Government,” or both. Medicare benefits to theHMO. Beneficiaries Do not hesitate to ask any questions you may then receive all Medicare covered hospital and have. You can also get more information about medical insurance benefits through the plan. Medicare and Medicaid at www.medicare. Your costs are known in advance and are gen- gov and www.cms.gov. erally limited to the fixed monthly premiums (if any) and minimal “co-payments.” Some You can obtain a free copy of the following HMOs/CMPs provide services beyond what publications from any Social Security office: Medicare covers, such as hearing aids, at no extra cost to you. • Medicare and You – A current guide to Medicare; You should shop around carefully before choosing an HMO. Although you need not • Understanding Benefits – A brief overview worry about losing Medicare coverage if you of each of the Social Security programs; decide to withdraw from a plan, you may not be able to sign up for Medicare Supplement • Disability Benefits – A guide to Social Se- plan until the next sign up period should you curity disability benefits; leave your HMO. Talk to your primary care physician and find out if he or she belongs to • Survivors Benefits – A guide to Social Se- an HMO network; if so, you might want to curity survivors’ benefits; consider joining that HMO.

38 Media attention has focused on the disadvan- HMO Appeals tages of some HMOs, but there are several You can appeal some Medicare HMO pro- responsible organizations, which can help gram decisions. Your HMO must provide you you in addressing your medical needs. The with a complete written explanation of your Consumer Helpline of the Department of grievance and appeal rights. You also have the Insurance can help you to determine which right to request an expedited appeal. You can HMO is right for you. For more on Medi- make a verbal request for a reconsideration of care coverage, call the Medicare Hotline at an HMO determination, but you must follow 1-800 - 633 - 4227. up your request in writing.

39 HEALTH CARE Medicaid

Introduction • Medicare Savings Program (MSP); SSI-re- Medicaid is a federal/state partnership that lated Medical Assistance, available only for provides health coverage to people with low the aged (65 or older), blind, or disabled incomes. In Florida, Medicaid is administered (includes coverage for MEDS-AD, Medic- by the Agency for Health Care Administration aid for the aged and disabled with income (AHCA) with the Department of Children which does not exceed 88 percent of the and Families acting as its enrolling agent, and federal poverty level; Medically Needy; helps eligible persons receive needed medical Hospice, Institutional Care Program or care they could not otherwise afford. The Medicaid for the aged and disabled to help Medicaid program is not related to the Medi- pay for nursing home care; and Qualified care program, though low income Medicare Medicare Beneficiaries(QMB); recipients may be eligible for both Medicare and Medicaid. Medicaid pays participating • Refugee Program (for eligible aliens); providers (doctors, hospitals, pharmacies, etc.) for many types of medical services. • HCBS (Home and Community Based Services); Eligibility You were entitled to receive both SSA and Tere are differentMedicaid programs, and • eligibility requirements vary. For example, SSI benefits in some month after April “full” Medicaid is available only to those 1977 but lost your SSI because of a cost with the required low income. Medicaid with of living increase in SSA benefits (Pickle Medicaid premiums, or with nursing home Amendment); expenses, may be available to those with somewhat higher incomes. Be sure to visit ACCESS • Is currently eligible for and receiving SSA Florida for more information. benefits;

To be eligible for Medicaid in Florida, you • Is currently ineligible for SSI; and, must meet the eligibility requirements for one of these categories: • Receives income that would qualify him for SSI after deducting all SSA cost-of-living • Federal Supplemental Security Income adjustments received since the last month (SSI); in which he or she was eligible for both SSA and SSI benefits. • Temporary Assistance to Needy Families (TANF)-related Medical Assistance, avail- Nursing Home Medicaid able only for families and children; Medicaid may also help pay for nursing home care, if you meet the eligibility requirements

40 in regard to income, assets, and transfers of icaid enrollees will receive services, called assets and care criteria. To qualify for this the Statewide Medicaid Managed Care assistance in Florida, you (and possibly your (SMMC) Managed Medical Assistance pro- spouse) must have income and assets below a gram (MMA). In 2014, the state moved nearly stated threshold level. Medicaid pays the cost all Medicaid beneficiaries and services into of the nursing home along with your share managed care. The new program has two of cost payment which is determined by the separate components that make managed care Department of Children and Families. In enrollment mandatory: the MMA program general, however, you cannot transfer any and the Long-Term Care program. assets for less than fair market value within 60 months before applying for Medicaid Most Medicaid recipients must enroll in the without risking a period of ineligibility. ICP MMA program. The program is comprised of Medicaid may be available to lower income Health Maintenance Organizations (HMOs), individuals; however, there are even special Provider Service Networks (PSNs), and the rules for married couples which provide an Children’s Medical Services Network. If you allowance for the healthy spouse who remains were previously enrolled in the Medicaid Pro- at home. For more information on the current vider Access System (MediPass), as of August income and asset thresholds, contact an elder 2014 you were transitioned to the MMA law attorney or the Department of Children program. and Families at 1-866-762-2237, or visit www. myflfamilies.com. You are NOT required to enroll – although you may choose to – if you are eligible for If your income exceeds the threshold level, refugee assistance or you are a Medicaid re- you may still be eligible for Nursing Home cipient who has other creditable health cov- Medicaid through the use of special trusts or erage (excluding Medicare); is a resident of a other exceptions. Consult an attorney who developmental disability center; is enrolled in is knowledgeable in elder law issues to see if the developmental disabilities home and com- you qualify. munity based services waiver or who is waiting for waiver services; or resides in a group home Remember, Medicare will only cover a limited facility licensed under chapter 393. stay at a skilled nursing home. For all other nursing home stays, Medicaid, special nursing The Long-term Care program (LTC) is com- home insurance, or private funds are the only prised of two health plans: HMOs and PSNs. sources of payment. You are required to enroll in the LTC program if you are 65 years of age or older and need If you think you may be eligible for TANF, nursing facility level of care; enrolled in the SSI-related medical assistance, TANF-relat- Aged and Disabled Adult Waiver; enrolled in ed Medicaid or Nursing Home Medicaid, the Assisted Living Waiver; enrolled in the contact your local Department of Children Nursing Home Diversion Waiver; enrolled and Families office in person, by letter or in the Frail Elder Option; or enrolled in the telephone, or visit ACCESS Florida online. If Channeling Services Waiver. you wish to apply for SSI, contact your local Social Security Administration office or call You may enroll in an MMA or LTC plan on- 1-800-772-1213. If you meet the eligibility line at www.flmedicaidmanagedcare.com. requirements, you will be eligible to receive Once you choose a plan, if you change your Medicaid benefits. mind, you have 90 days to change to another plan offered within your region. After this 90 Medicaid Managed Care day period, you may only change plans for Te Florida Medicaid program has imple- “good cause.” Otherwise, you must wait 12 mented a new system through which Med- months, at which point you can change plans

41 during an open enrollment period. Before you have made the wrong choice, you may choosing an MMA or LTC plan, you should switch programs within 90 days after you work with a counselor to determine which receive your assignment. After 90 days, only plan best suits your needs and to learn about plan changes made for “good cause” will be specialty plans designed for populations with allowed during the balance of the 12-month distinct diagnoses. To speak with a counselor, period. After each 12 months, recipients will contact 1-877-711-3662. You may also request receive notice of an open enrollment period, an in-home visit from a counselor. during which they may change plans for the following year. Florida now requires Medicaid recipients to join a managed care health plan. This means Expenses Covered that people can no longer see any doctor they by Medicaid choose, but the program still provides substan- Generally, if you are eligible, Medicaid will tial flexibility to suit an individual’s health cover the following, within established dollar care needs. limits, from providers who accept Medicaid payments: Adult Day Health Care (ADHC); If you are eligible for Medicaid, you have to physician services medically necessary for choose between joining a Medicaid HMO, the treatment of an injury, illness, or disease; Medicaid Provider Access System (Medi- eyeglasses; hearing aids; dentures; prosthetics; Pass), Minority Physician Network (MPN), prescription drugs; emergency ambulance or Provider Service Network (PSN). In some services; in-patient and out-patient hospital counties, you can only choose between HMOs services; periodic diagnosis and screening; and PSNs. Both HMO and PSN plans will laboratory and X-ray services; nursing home require you to select a doctor from a list of services; home health care services (skilled providers. This doctorwill be the one you visit nursing care and intermediate nursing care); for routine medical care. You will also have certain transportation services; chiropractic to go to this doctor for referrals to specialists services; dialysis facility service; hospice care or to be admitted to a hospital, except in the services; and other services. You will be re- case of an emergency. sponsible for a nominal co-payment at the time services are rendered, usually only a few There are several differences between the pro- dollars per visit. However, if you are enrolled grams. If you choose a Medicaid HMO, you in a Medicaid prepaid health plan or HMO, will not have to pay the nominal co-payment you won’t have to pay the co-payment. and will receive benefits that you would not receive under other Medicaid plans. However, Medicaid may pay medical bills incurred 90 your choice of health care providers will be days prior to your application if (1) you meet limited to those in that HMO’s network. If the eligibility requirements for that time pe- you join MediPass, you will be able to choose riod; (2) there are medical expenses covered from among all doctors and hospitals that by Medicaid from that period which have accept Medicaid. Furthermore, if you have a not been paid in full; and (3) your provider chronic illness or disability, you may choose a is willing to bill Medicaid. You must make a specialist to serve as your primary care doctor. request for this to be done. With both MediPass and PSN plans, most adults will have to pay a $1-3 co-payment EXAMPLE: Mrs. Smith, age 68, applies when receiving services. for Medical Assistance on June 8. From the first day of the third month before June 8 You have 30 days after you are determined (March 1), Mrs. Smith has incurred medical eligible to choose a program. If you have not bills amounting to $88. Mrs. Smith meets all made a choice after that time, you will auto- eligibility requirements currently and has met matically be assigned to a program. If you feel them during the March 1 – June 8 period.

42 Mrs. Smith paid one of the bills (for $30) If you previously had authorized services and incurred during that period. If the provid- the plan provides you notice of a change, you ers bill Medicaid for the remaining $58 of can keep your services from being reduced expenses, Medicaid can pay the bills within until a review is completed by challenging the prescribed Medicaid limits. the change. Keep in mind that you must submit your challenge and request for con- No provider of medical services can be forced tinuation of services within 10 days after the to accept payments from Medicaid. If your plan sends notice of its threatened action, or doctor will not accept Medicaid, you have two within 10 days after the intended effective options—change doctors or pay with your date of the threatened action, whichever is own funds. Physicians must accept Medicare later. For more information on challenging for any individual who is eligible for both the reduction, suspension, or termination of a Medicaid and Medicare unless the doctor previously authorized service, contact Florida has entered into a private contract and fee Legal Services. schedule with his patients as discussed in the chapter on Medicare in this handbook. If your You have the right to appeal if you feel you doctor prescribes a drug that is not covered have been unfairly denied Medicaid eligibil- by Medicaid, ask if there is something else ity or the level of benefits that you receive is that can be prescribed that is covered, either incorrect or unfair. The appeal may be made as an alternative drug or the same drug under verbally or in writing to the local Department a different trade or generic drug name. of Children and Families (“DCF”) office. If you do it verbally, follow up immediately with If You Are Denied Eligibility a confirmation letter and keep a copy. If you have a dispute with a managed care plan, you have the right to an appeal or a You must request a hearing at DCF. This Medicaid fair hearing. An appeal is handled request must be made within 90 days from by the plan, while a fair hearing is a state-ad- the date of the decision you disagree with. You ministered process. may ask a friend, relative, or attorney to help with your appeal. Remember, you always have If a plan reduces, suspends, refuses, or ter- the right to reapply if your situation changes. minates a service, it must give you written notice. You have 30 days to make an appeal To Find out More with the plan, or 90 days to request a hearing. For further information about how the Med- If you choose to file an appeal and are unsat- icaid program can help you and whether you isfied with the plan’s resolution, you can still are eligible, call or visit the DCF office nearest request a fair hearing with the state as long you. It is best to visit ACCESS Florida online as you make your request within 90 days of at www.myflorida.com/accessflorida for receiving notice of the plan’s resolution of additional information. TheElder Helpline, your appeal. For more information on filing a service of the Department of Elder Affairs, an appeal, contact the state’s fair hearings may also be able to provide information about office at 1-850-488-1429. Medicaid eligibility and benefits and refer you to the appropriate local DCF office.

43 HEALTH CARE Long-term Care Insurance

Long-term care insurance is an insurance • Your policy must state the conditions un- product which helps pay for long-term care der which the company may raise your typically not covered by regular health insur- premiums. ance, Medicare, or Medicare Supplemental In- surance. Long-term care insurance is different • If a policy requires a “prior stay” in a hos- from nursing home insurance. Nursing home pital, the company cannot make the “prior insurance policies can cover either nursing stay” requirement longer than three days. A home care or a combination of nursing home “prior stay” requirement specifies how long care plus custodial care. If a policy covers care you must be hospitalized before benefits in a nursing home plus one other coverage can begin. (such as home health care or adult care), the policy will often only pay benefits for one • A company cannot exclude coverage for a year or less. pre-existing condition for more than six months after a policy is in effect. A pre-ex- Florida’s Long-term Care Insurance Act re- isting condition is an illness diagnosed or quires that policies must meet the following treated within six months before a policy is minimum standards: issued. If your company learns of an unre- ported pre-existing condition, it may either • The policy must cover at least one “lower refuse to pay claims or cancel your policy. level care” such as home health care or adult day care. The nursing home care includes • If a policy requires a “prior stay,” you must skilled, intermediate, or custodial nurs- begin receiving nursing home or home ing home care. Home health care is care health care services within 30 days after you provided in your own home by a licensed are released from a hospital to be eligible home health agency. Adult day care occurs for benefits. If you do not begin receiving in a state licensed facility where you may care within the 30-day period, the policy spend your daytime hours participating in will state whether you have to return to the planned social activities. hospital to begin the “prior stay” process over again. • You may return any policy you have decided not to keep within 30 days for a full refund • A company cannot issue a policy in which of any premium paid. premium increases are calculated solely on the basis of age. • All policies are guaranteed renewable and cannot be canceled unless you do not pay • All long-term care insurance policies are your premium. required to bear a stamp on the first page

44 verifying that the policy meets the above guide also contains a list of companies which requirements. sell long-term care insurance in Florida. You may obtain a copy of the Guide by calling Before purchasing long-term care insurance, the Florida Department of Financial Ser- check to be certain the company is reliable. vices Consumer Health Line toll free (1-800- The Florida Department ofInsurance has 342-2762) or visit www.myfloridacfo.com/ composed a guide which describes how long- division/consumers. The Department can term care insurance works and how it relates also tell you whether an insurance agent or to other kinds of health care insurance. The company is licensed.

45 HEALTH CARE Nursing Homes/ Long-Term Care Facilities

Introduction long-term care facilities. All such facilities .Tere are several types of long-term care fa- must have a license to operate in Florida cilities. Each type is staffed and equipped to Before AHCA will license a facility, it must deliver a different level of care. Assisted living meet certain minimum standards in the areas facilities (ALFs) are discussed in the section of construction, safety and fire protection, of this Handbook entitled Housing. maintenance, and financial stability.

Skilled Nursing Facilities (SNFs) provide Nursing homes must meet the minimum skilled nursing care on a 24-hour basis. Skilled requirements for certification underMedicare nursing care is comprehensive, planned medi- and Medicaid programs as skilled nursing cal care. It includes rehabilitative or restorative and/or intermediate care facilities. To be cer- therapy, diet supervision, and trained obser- tified,nursing homes must meet standards for vation. In general, SNFs are medical facilities housekeeping, staffing, diagnostic, dietary, that care for severely ill patients with long-term and nursing procedures. chronic illnesses. Nursing homes participating in Medicare and Medicaid must satisfy a You should not rely exclusively on the fact common set of standards for certain services. that a nursing home is licensed or certified to determine the quality of care at that facility. In skilled nursing facilities, nursing services Meeting state licensing standards and Medi- must be supervised by a full-time registered care and Medicaid requirements only means nurse. In addition, the health care of each that the facility has conformed to the basic patient must be supervised by a physician, minimum standards required by law. and a physician must be accessible to render emergency care. Choosing a Nursing Home When selecting a nursing home or other long- The Intermediate Care Facility (ICF) is anoth- term care facility, it is important to be cau- er type of long-term care facility. ICFs provide tious and objective. The needs and desires of personal care and supervision for persons the prospective resident should be of prime requiring assistance with activities such as consideration. It is also helpful to maintain a dressing, bathing, diet, and self-administered healthy consumer skepticism while shopping. medications, but who do not need continuous Choosing a facility that will suit the needs of medical or nursing services. ICF services are the prospective resident deserves at least as covered by Medicaid but not Medicare. much care and caution as the purchase of a house or the renting of an apartment. The Agency forHealth Care Administration (AHCA) licenses nursing homes and other Before beginning to look at facilities, you should consider the following:

46 • Take time to determine the medical and www.floridahealthfinder.govand search physical needs of the prospective resident. for “nursing home guide.” This information will provide some basic guidelines for making decisions. The pro- • You also should obtain information about spective resident, the resident’s physician, basic charges and services and the kinds and the resident’s family and friends should of things (extras) that cost more for which participate in this process. the resident or family may be responsible, such as laundry. You should then schedule • Give the most consideration to facilities an appointment to meet the administrator located near those people who will be vis- or director of admissions of all homes in iting most frequently. Visits are very im- which you have an interest. It is advisable portant in maintaining a resident’s morale to go unannounced on a second visit for and well-being. a closer look.

In your search for a nursing home or other • The Agency for Health Care Administra- long-term care facility, you may want to in- tion publishes a guide which compares quire into the following: facilities on some of the above points. The guide is in your local library and can also be • Is it proprietary (profit-making) or not-for obtained from your local AHCA office, or profit? most easily, online at www.floridahealthfinder.gov/LandingPages/NursingHome- • What level of care does it provide? Guide.aspx.

• Is it approved for Medicare and Medicaid NOTE: If the patient is a Medicaid recipi- patients? ent, it is illegal for the facility to request any additional payment from the family. • What are the basic charges? What to Look for • You should check with your area’s Long- and Ask About Term Care Ombudsman Council. See, When inspecting the credentials of a nursing www.ombudsman.myflorida.com for home it is important to ask the right questions. more information. Here are some questions you may want to ask during your initial visit. • You should look at the nursing home’s annual rating from AHCA. Nursing homes NOTE: Many of these categories may not are rated on a one-to-five-star scale, with apply to ALFs. These have been bolded and five being the highest. All facilities listed noted with an asterisk (*). in this guide have met the requirements for being licensed as a nursing home. These • LICENSURE: The home is required to be ranks indicate only relative rankings with- licensed. Is the license in danger of being in a region. All of the nursing homes in revoked? You can ask to see the most re- a particular region could perform better cent inspection report. NOTE: State law than the statewide average. Therefore, a low requires the most recent inspection report rank does not necessarily indicate a “low to be readily available to the public. You quality” facility. Similarly, all of the nursing can also check inspection reports of Medi- homes in a particular region could perform care/Medicaid approved nursing homes lower than the statewide average. Therefore, at the Social Security office in your area. receiving a high rank does not necessarily The Agency for Health Care Administra- indicate a “high quality” facility. For more tion also maintains copies of the inspec- information on nursing home ratings, visit tion reports, and can be accessed online at

47 www.ahca.myflorida.com/MCHQ/ cial diets available? Ask to see a copy of the WebDmHelp. Furthermore, if any problem planned menus. Visit the home at a time areas have been mentioned in the report, when you can observe a meal, preferably a find out if they have been corrected. weekday meal.

• NURSING SERVICES:* What level of • SAFETY: Is there an adequate fire safety care is provided? Does it meet the particular system that at least includes smoke and need of the prospective resident? heat detectors, and sprinklers or approved fire-resistant construction? There must be • PHYSICIAN SERVICES:* Is there a staff a plan posted for quick evacuation in case physician or medical director who helps set of fire, and the staff and residents should policies and provides for emergency calls? be trained in fire safety. In addition, are What provision does the home have for there hand rails in the hallways and grab medical follow-up by a family physician? bars next to bathtubs, showers, and toilets? Are the residents required to use the staff physician or may they elect to use only their • COSTS AND CHARGES: What services own physicians? are included in the basic daily charge of the nursing home? Get this information • ACTIVITIES PROGRAM: Are there in writing from the administrator. What organized activities? What are they? Do services are provided for an extra charge? they include activities outside the facility? Do these extra charges include all of the Is there a regular schedule? What religious supply costs that are necessary for the ser- services are available? vices? Check specifically as to whether the nursing home or the patient pays for drugs • REHABILITATION AND PHYSICAL and medicine. Remember that the higher THERAPY:* What facilities and staff are the level of care, the higher the costs are available for these services? Are they pro- likely to be. vided as a basic service or will the resident be charged extra? Will they meet the needs • DEPOSITS: What is required in advance? of the patient as prescribed by the family How will the deposit be returned? (Medi- doctor? care and Medicaid patients cannot be charged deposits.) • VISITING HOURS: When are they? Note that at a minimum, facilities are required • MEDICATIONS:* How will medications to maintain 9 a.m. to 9 p.m. visiting hours. be obtained? Usually the nursing home will Can anyone, including young children and require you to let them obtain all medi- pets, visit? Are unannounced visits per- cations. This is convenient and allows for mitted? quick emergency services. However, note that obtaining medications through the • IN-SERVICE EDUCATION:* Does the nursing home may be more costly. The home have continuous in-service education patient may also wish to purchase his or her programs for its staff? Residents need var- own medications. How does the patient’s ious types of rehabilitative services. The Medicare Part D prescription coverage work techniques used to deliver these services with the nursing home? If the choice is change, and all staff need to keep up-to- made to purchase one’s own medications, a date on them. clear agreement with the home that allows its staff to supply emergency medication is • DIETARY SERVICE:* Does the home necessary. serve attractive, nutritious meals that are planned by a registered dietician? Are spe-

48 • THIRD PARTY PAYMENT: What third fortable atmosphere for a full-time resident. party payments will the nursing home ac- Things such as drinking fountains, lounges, cept? Does it take Medicare and Medic- properly functioning televisions and radi- aid patients? Will it allow one to shift to os, and easily accessible public telephones all Medicaid or Medicare payment if, after contribute to making a resident’s stay more being admitted as a private or Medicare pleasant. patient, the person then becomes eligible for Medicare or Medicaid? Must the patient The morale of the residents cannot be over- provide certain notice to the nursing home looked when considering a nursing home’s before this change? What is the nursing overall pluses and minuses. Regularly sched- home’s policy when a Medicare or private uled activities can be a big morale booster patient’s resources run out? Are residents for the nursing home resident. See if the staff segregated within the home based on their has a positive attitude toward the residents method of payment? This may imply dif- and encourage such activities. Indifferent and ferent treatment. grumpy staff members can create an atmosphere that hampers, if not destroys, good In general, nursing homes will look well-main- resident morale. Take a close look at the res- tained and pleasant to the visitor. In order to idents. See how they act and how they are get a feel for the institution from a resident’s dressed. Do they appear happy, interested, viewpoint, several key factors should be kept and involved with what is going on? in mind: safety, cleanliness, pleasantness, morale, privacy, and respect. Privacy and respect are very important. When baths are given in bed, curtains should be Safety is a special concern for everyone, but it drawn to protect the privacy of the resident. is even more important to those older persons Residents should be addressed by their names who have limited motion, visual impairments, and treated as adults, not as children. These and other infirmities. Keep a look out for actions show respect for the patients on the fire hazards, blocked fire doors, and unob- part of the staff, and by extension, the nursing served smoking restrictions. Make sure that home administration. Watch and talk to the the possibility of a fall is guarded against by staff to get clues as to their attitudes. Where the presence of well-lighted stairways and appropriate, speak with the residents of the passageways that are free of obstacles such facility and obtain their viewpoint. as light cords, throw rugs, torn carpets, or cracked tiles. Nursing Care Financial Assistance Cleanliness should be a high priority for every As mentioned in the Medicare chapter, you nursing home. If a home smells of urine or can receive up to 100 days of care in a skilled heavy cover-up deodorant, watch out! Check nursing facility per period of illness (after three window sills, counter tops and bedside tables consecutive days in the hospital) if you qualify for dirt and dust. These are signs that the for Medicare benefits. This is provided under home is in financial trouble and is skimping Medicare hospital insurance (Part “A”). There on housekeeping. Kitchens, nursing stations, are deductibles and coinsurance amounts that lounges, and residents’ bathrooms must be must be paid. (See the Medicare chapter of clean and nothing short of that should be this Handbook for more information.) tolerated. Medicaid also pays for care in some nursing Pleasantness is a factor to consider when home facilities. Specifically,Medicaid can looking at a nursing home. Flowers, pictures, assist with paying for skilled nursing and seasonal decorations, and general orderliness intermediate care facilities. A physician must are important in providing a happy and com- certify the level of care needed, and the patient

49 must be eligible for Medicaid benefits. (See rights as any other citizen. In cases of assault, the Medicaid chapter). battery, or theft, criminal penalties can be sought. Because a nursing home undertakes Some nursing homes are unwilling to accept to provide care and, in some cases, medical Medicaid patients. This is because Florida services to its residents, it can be liable in a Medicaid does not always pay the facility damage suit for its failure to do so. Similarly, enough money to cover the costs of care. This the home may be liable for injuries caused fact becomes critical when a patient’s Medicare by employees to residents of the home. Fur- coverage runs out and Medicaid becomes thermore, Chapter 400 of the Florida Statues the only way to pay for nursing home care. provides for specific remedies to address issues Be certain that the nursing home will keep which arise in the nursing home context. a patient even if Medicaid becomes the sole You should report any physical abuse at the source of funding. following toll free number: 1-800-96-ABUSE (1-800-962-2873). Residents’ Rights While many nursing homes are excellent fa- Note that enforcement actions require a good cilities providing quality care, residents must deal of time and money. Consultation with an be protected from irresponsible institutions. attorney is necessary. Before proceeding with People in nursing homes still have all the same any legal action, make use of any mechanism rights guaranteed by the Constitution and available that provides for a resident’s prob- state and federal laws. Furthermore, Florida lem or complaint to be heard. Most nursing Statutes specifically provide for the rights homes maintain residents’ councils or sound- of people in nursing homes. Awareness of ing boards for just this purpose. If there is no these rights will help insure protection and council or board, see if the residents or their enforcement. family members can speak freely with the home administrator. To be licensed in Florida, and to participate in Medicare and Medicaid, nursing homes Improper Discharge and must establish policies to protect patients’ Residents' Rights: rights. These policies must contain safeguards Residents have the right to be transferred in specific areas, such as handling of patient or discharged from a facility only for med- funds; use of physical and chemical restraints; ical reasons, the welfare of other residents, confidentiality of patient records; participa- or nonpayment of a bill. Residents also have tion by patients in medical-decision making; a right to receive a thirty (30) day notice of assurance of patients’ ability to meet with discharge or relocation as well as the right to friends and others privately; participation in challenge such notice. religious activities; limitations on discharging patients; limitations on requiring patients to For more information on residents’ rights, perform work for the facility; the right to visit: downloads.cms.gov/medicare/Your_ present grievances without fear of reprisal; Resident_Rights_and_Protections_section. and the right to be fully informed of services pdf. not covered by Medicare, Medicaid, or other health insurance. For a complete list of res- NOTE: The State of Florida has a Long-Term idents’ rights, see Section 400.022, Florida Care Ombudsman Council that investigates Statutes, or contact your local office of the residents' complaints; visit ombudsman.my- Agency for Health Care Administration. florida.com or in case of emergency, call its TOLL-FREE NUMBER: 1-800-96-ABUSE. Nursing home residents and their families can use the same methods to enforce residents’

50 HEALTH CARE Institutionalization of the Mentally Ill

In Florida, you cannot be placed in a treat- against your will if and only if you meet the ment facility for the mentally ill against your criteria for involuntary placement. will unless certain conditions are met. Gen- erally, you must meet the following criteria: A court order for involuntary placement is only valid for six months. If, at the end of • Be mentally ill; six months, the facility determines that you should continue treatment, a new court or- • Have refused voluntary treatment, or be der must be obtained. Your case must be unable to determine for yourself whether reheard every six months. At each of these placement is necessary; and hearings, you are guaranteed representation by counsel. If you no longer meet the criteria • Be incapable of surviving alone, even with for involuntary placement, the administrator help of willing family or friends. There may discharge you, transfer you to voluntary must be a real and substantial threat to status, or place you in the care of a less re- your well-being; and strictive facility. You may of course be released before the court order expires if the facility • Not have a less-restrictive alternative. determines you no longer meet the criteria.

-Te involuntary placement process begins If you enter a mental health facility on a vol with the filing of a petition. To determine if untary basis, you have the right to be released commitment is warranted, a judge will order at any time. Be certain you understand all of you to be examined by at least two mental the ramifications of admission rules, and the health professionals. If the evaluators find release policies. Exercise caution and obtain that the conditions are met, their opinions advice from trusted confidants or an attorney will be submitted to the court along with a before admission. Unfortunately, some mental recommendation for placement. A hearing health care facility administrators and mental will then follow. health care professionals are more concerned about their profit margin than your health You have the right to representation by an and well-being. You should know that even attorney at the hearing and to examination by after a voluntary admission, the facility can an independent mental health professional. If seek a court order to have you involuntarily you cannot afford either, the court will provide committed. If this happens to you, demand them for you. You can be placed in a facility representation by an attorney.

51 HOUSING Ownership

General Information deciding that you want to live there. The and Advice rules and regulations may limit the number Whether you decide to purchase vacant land, of people allowed to live in the unit and/or an existing house, or a condo, there are many the number of guests, place restrictions on considerations to keep in mind. Consult a your ability to lease, or even prohibit pets licensed real estate agent or broker specializing and children. in the neighborhood you have chosen. Consult an attorney before signing a contract bid to Once your bid to purchase is accepted, pro- purchase property. An attorney can help you ceed with the inspections: a home inspection, negotiate the legal and financial pitfalls of the a property appraisal, and a title insurance purchase contract. Generally, an attorney will commitment. A home inspector will evaluate charge hourly or flat fees, and a broker/agent the condition of the property and its structural will take a small percentage of the purchase integrity, elements in need of replacement price as commission. or repair, and estimate the life of the roof, driveway, and other features. An appraisal of When purchasing a home, your budget is the property’s value is advisable, and required of utmost concern. Most purchase contracts for mortgage financing. Your agent or loan require a substantial down payment. Other officer can recommend reputable inspectors costs may include closing fees, such as for and appraisers. Your attorney will conduct inspections, title insurance, recording fees, the title investigation. and fees associated with mortgage financing. In addition, future increases in taxes and fees Title insurance safeguards your ownership may put pressure on your long-term budget. rights against defects in the title, and assures that the property is lien-free, i.e., that there After you choose a property and your attorney are no debts, taxes owed, etc. In addition, has prepared the contract bid, your attorney or a diligent search should reveal violations of agent will submit your bid to the seller. Your governmental regulations or unpaid municipal attorney will make sure that your offer is con- liens, confirm that the zoning code permits tingent upon an acceptable home inspection your intended use, and identify the property’s and clear title. Your attorney will also make flood classification. sure there are alternative strategies in place if inspections reveal unacceptable conditions. Arrange separately to purchase homeowners' insurance, liability, and casualty insurance. If your property is governed by a homeown- These policies should insure the structure of ers’ or condominium association, familiarize your home itself, interior fixtures, and your yourself with the rules and regulations before personal belongings against disasters such

52 as fire, windstorm, water, and flood. Solicit purchases stock in a building’s corpora- competitive bids for insurance. tion, rather than a specific parcel of land or section of a building. Condos are more If you are considering mortgage financing, prevalent in Florida than co-ops. beware of predatory lenders. To receive the fairest arrangement possible, solicit mort- • Mobile Homes. Mobile home communities gage quotes from different lenders in order are popular in Florida for both permanent to compare short and long term costs, fees and seasonal residents. These communities and interest rates. Once you have chosen a may be age-restricted, or have no restric- mortgage lender, ask a lawyer to review the tions at all. fine lines of the mortgage agreement, provide you with advice, and close the transaction • Timeshares. Timeshare properties have on your behalf. Your real estate attorney will multiple owners. Each owner has the right generally be capable of handling the mortgage to use the property for a certain amount aspect as well. of time, typically for one or two-week increments per year. This type of property is Traditional Forms vacation-oriented and is not suitable for a of Ownership permanent residence. Florida homeowners can purchase individual homes and lots, or properties such as condo- Other Types of Communities miniums (“condos”), cooperatives (“co-ops”), for the Elderly mobile homes, and time shares. A description • Naturally Occurring Retirement Com- of each is as follows: munities (NORCs). A NORC assists residents to age in place. Essentially, it is a • Individual Homes or Properties. This neighborhood where residents may have category includes traditional homes (sin- lived for a long period of time and age gle-family or town homes). They may be together as a community. The advantage independent or part of a gated community, of this type of community is that social self-standing or connected, and with or services come into the community when without a homeowners’ association. Home- needed, rather than residents having to seek owners’ associations are governed by elect- outside assistance. Such communities are ed, volunteer community residents and open to anyone who wants to live there. have differing rules and regulations about living in the community and caring for your • Age 55 and Over Communities (formerly home. Before moving into a community, called Active Adult Communities). The read and understand the rules. name says it all. Federal and state laws require that 80 percent of the households have • Condominiums (Condos). Condos may a resident age 55 and older. Children under be apartments, town homes, or villas that 18 are not allowed to live there permanently, form part of a planned community. The though they may visit. There may be ex- owner purchases a unit and a non-exclu- ceptions for younger caretakers, spouses or sive right to use common amenities owned significant others living with an occupant by the association. Condo associations are who is 55 or over. If the qualifying resident governed by elected, volunteer community who is older than age 55 passes away, the residents and have differing rules and regu- surviving resident who is under 55 may stay, lations. Before moving into a community, in some instances, while other communities read and understand the rules. make no exceptions for a younger surviving spouse or significant other. Residents • Cooperatives (Co-ops). Co-ops are similar should be familiar with community rules. to condos. However, in a co-op an owner

53 Note that in such communities, renting c. Parties to whom the property was to anyone under 55 is usually prohibited. pledged as collateral for a mortgage; and Florida’s Homestead Exemption—What d. Workmen who are owed money for You Need to Know repairing or improving the property. Register with the appropriate county tax authority as soon as you move into your new • Protects the home for a surviving spouse or permanent residence. TheFlorida Homestead minor child. The Florida Homestead Ex- Exemption provides the following three im- emption also protects a spouse. Normally, portant benefits to homeowners: spouses are protected automatically upon the establishment of a primary residence • Reduces the property taxes on the home. in Florida. A spouse is protected by the TheFlorida Homestead Exemption reduces following: the property tax assessable value of a home by up to $50,000. Additionally, the “Save 1. Preventing a homeowner from sell- Our Homes” program caps property tax ing homesteaded property without a assessments at 3 percent per year or the spouse’s approval. The approval of both rate of inflation, whichever is less. These spouses is required even if a property programs save you money on your prop- was purchased entirely from the funds erty taxes, if you live in Florida full-time. of one spouse or is entirely in the name Contact your local property appraiser for of one spouse; and more information and instructions on how to apply immediately after purchasing your 2. Prohibiting a spouse from passing the home. property upon death through a will, if the homeowner is survived by a spouse • Protects the home from a forced sale be- or minor child, except that the home- fore and at death. Florida has one of the stead may be devised to the owner’s most protective homestead exemptions in spouse if there is no minor child or the United States. This benefit applies -au children. If the property is left by will tomatically upon setting up permanent in violation of law or if there is no will, residency in Florida. Almost any home the spouse receives either (1) a life estate can be protected from creditors, regardless in the property with descendants, in- of value. There are only a few limitations: cluding any minor children, receiving the remainder interest in the property; 1. The property must occupy less than 1/2 or (2) an undivided one-half interest acre if within city limits, or 160 acres if in the property as a tenant in common outside city limits; and with the other descendants, including any minor child. Be aware that a spouse 2. Some creditors can still force a sale of automatically obtains the life estate in- the property. These include the follow- terest, but must take steps to assert an ing: intention to take a one half interest. Those steps include filing a document in a. The State of Florida, and its counties official records, as provided by statute, and municipalities, in order to collect within six months after the property past due property taxes; owner’s death. In this case, the surviving spouse or minor child is permit- b. The IRS, to collect past due federal ted to live in the residence for his or income taxes; her lifetime. The person named in the will receives ownership of the property

54 only after the surviving spouse or mi- for a $500 disability exemption. Based on nor child dies. However, the surviving the extent of the disability and the house- spouse or minor child has to pay all hold income of the Florida resident, a to- expenses related to the property during tally and permanently disabled homeowner his or her lifetime. If either the person could qualify for 100 percent exemption. named in the will or the person living at Household income for purposes of this the property wishes to sell the property, provision includes Veterans Affairs benefits both parties must agree. If the property and Social Security benefits. is sold, each party will receive a portion of the proceeds based on the age of the • Disability Exemption for Ex-Service person living at the property. Members. An ex-service member with a war or service-connected disability of Other Property Tax 10 percent or more may be entitled to a Exemptions $5,000 exemption on property owned by In addition to the Homestead Property Tax the ex-service member. Exemption discussed above, there are other property tax exemptions that may be granted: • Veterans Property Tax Discount. For veterans returning to Florida, there is an • Additional Homestead Exemption for additional property tax discount if they Persons 65 or Older. Many counties were Florida residents at the time of entering and municipalities provide an additional military service. This is for veterans with $25,000 Homestead Exemption to persons honorable discharges from military service, 65 or older whose gross adjusted income as who are at least 65 years old, partially dis- defined by the IRS (which does not include abled with a permanent service-connected nontaxable Social Security income) does not disability, all or a portion of which must exceed an amount calculated each year in be combat-related. accordance with Florida Statutes. The initial statutory cap on yearly household income Other Property Tax was $20,000 in 2000, but that amount Considerations has increased each year by the percentage Laws about property taxes periodically change. increase in the consumer price index. In Make sure to fit any changes in property taxes 2015, the cap was $28,448. into your budget. Residents who live in unin- corporated districts may pay lower property • Widow or Widower Tax Exemption. A taxes, but they may also receive a lower level widow or widower who is a bona fide Flor- of services (perhaps for example, no sewer, ida resident may claim a $500 exemption. water, or transportation service).

• Disability Exemption. A Florida resident who is permanently disabled may qualify

55 HOUSING Leasing (Landlord- Tenant Relations)

Landlord-tenant relationships begin with a • Use and operate in a reasonable manner all rental agreement. The agreement is a written plumbing, appliances, electrical fixtures, lease or oral contract for the use and occupan- and other facilities. cy of a residential dwelling. Florida Statutes Chapter 83, Part II governs residential ten- • Permit the landlord to enter your unit at ancies. Tenants who do not understand their reasonable times and upon reasonable no- agreements and/or the law could have their tice to inspect the premises; make repairs, rents illegally raised or be forced to move out alterations, or improvements; or exhibit the when they are not legally required to do so. unit to purchasers and prospective tenants. Also, without a written lease, the landlord may require that you vacate on short notice. • Maintain/keep the peace. However, even with a written lease one can be evicted. Negotiate the terms until you are • If you have an oral lease, provide 15 days' comfortable that your rights and obligations written notice to your landlord before end- are clear and acceptable. The most reliable ing a month-to-month tenancy, or seven way to know your rights and duties is to put days' written notice before ending a week- your agreed-upon terms in a written lease. to-week tenancy. Some Duties of the Tenant Some Duties of the Landlord • Pay rent on time. • Comply with requirements of building, fire, housing, and health codes, and maintain • Keep rental unit clean and sanitary. the structure in good repair.

• Comply with all rules set down by the • Unless these duties are delegated to the building, housing, and health codes. tenant or others in writing, a residential landlord must make reasonable provisions • Remove garbage in a clean and sanitary for the following: manner. Keep plumbing fixtures clean, sanitary, and in repair. »» Extermination. If the tenant is forced to vacate the unit because of extermina- • Notify the landlord of repairs or defects, tion, the landlord is required to decrease or fix them, if the lease establishes repairs the tenant’s rent in proportion to the as a tenant responsibility. amount of time the unit is unlivable.

• Preserve and do not destroy, deface, dam- »» Supply locks and keys; remove garbage; age, impair, or remove any elements of the structure or allow anyone else to do so. »» Provide heat;

56 »» Provide cold and hot water; ages, and any correspondence between you and the landlord. »» Maintain common areas in a clean and safe condition; • Realize that a landlord does not always have to pay for repairs. However, if the landlord »» Install a functioning smoke detector; will reimburse you for repairs, before you and proceed to hire someone and/or purchase supplies, get a written agreement from the »» Maintain plumbing fixtures in reason- landlord stating that the landlord will pay able working condition. for them. If you are responsible for the damage, the landlord has no obligation to pay. • Attempt to give tenant reasonable notice of repairs, inspections, and showings, and • Know your rights. You may be able to with- not abuse the right to enter the unit or use hold rent if the landlord does not make this right to harass the tenant. certain repairs. If you give written notice to your landlord and the landlord fails to • Provide tenant with 15 days' written notice take steps to correct the situation within before terminating a month-to-month ten- seven days after receiving notice, you may ancy or seven days' written notice before be able to withhold your rental payments terminating a week-to-week tenancy regard- by depositing them into an escrow account. less of whether the lease is oral or written. Before withholding rent, however, you should always seek legal advice. • If the property the tenant has rented is foreclosed upon, there may be certain ad- If you suspect that conditions of your apart- ditional protections based on state law. The ment violate housing codes, you should do tenant may be entitled to stay in the prop- the following: erty for the remainder of his or her lease, or up to 30 days after receiving notice. • Call the landlord and ask for repairs. Check with an attorney to determine what provisions may apply to the landlord, his • Make a written request (sent by certified or her property, and then tenant leasing mail, return receipt requested) to the land- said property. lord for repairs. Keep the returned receipt.

Some Essential Things • Report the situation to the local health to Know as a Tenant department or building inspector if the • Read and understand the lease in its entirety landlord does nothing to improve the con- before signing it. Ask to have the terms of ditions. the lease put in writing, if this is practical in your particular circumstance. A written • Consult a lawyer. lease is preferable to an oral lease. The terms of a lease, like any contract, are negotiable. Money Deposits Held Make your best deal. If you do not un- by Landlords derstand a term, seek legal advice. Do not Upon signing a lease, you may be required to allow yourself to be rushed or intimidated pay a deposit for certain items. Some of the into signing a lease you do not agree with most common deposits required by rental or do not understand. agreements are:

• Keep records: receipts of rent payments, • Damage deposits (to secure the landlord copies of lease agreements, records of dam- against the cost of repairing tenant-caused damage).

57 • Security deposits (to secure payments owed days, stating a reason for withholding your to the landlord if the tenant breaks the security deposit. Upon receiving the written lease). notice, you will have 15 days from the time you receive the notice to object to the security • Advance rent deposits (to be applied to fu- deposit deduction. Your objection must be in ture rent payments due, commonly known writing, sent to the landlord at the address as “first and last month’s rent”). given in the notice (use certified mail, return receipt requested for your verification). If you • Key deposits (to ensure the return of keys fail to object in writing within 15 days, the to the landlord or cover replacement costs). deduction is authorized. However, if you fail to object, you may still have the right to make • Pet deposits (to secure the landlord against a separate claim under Florida law. The land- the costs of repairing pet-caused damage). lord is required to return to you the balance of your security deposit within 30 days after Landlords may also require other deposits. notice was provided. If the landlord fails to If your lease requires a deposit, the landlord give you the required 30-day notice, the land- should specify in writing (i) the purpose of lord forfeits the claim against your security the deposit, (ii) the condition of its return deposit, and you will be entitled to the return to you, including when and how it is to be of the entire security deposit. returned, or (iii) the conditions permitting the landlord to keep it. Retaliatory Conduct It is unlawful for a landlord to increase rent, Many tenants worry about whether their de- decrease services, or threaten to evict a tenant posits will be returned when their tenancy as retaliation against the tenant. Examples of ends. Florida law requires landlords either conduct for which a landlord may not retaliate to (i) place security deposits in a separate include the following: savings account (which can be interest or non-interest-bearing); or (ii) post a securi- • The tenant complained to a governmental ty bond in the amount of the deposits. You agency about suspected violations of the ap- may ask the landlord to place your security plicable building, housing, or health codes; deposit in an interest-bearing account, but the landlord need not comply. If the landlord • The tenant organized, encouraged, or par- chooses to place your security deposit in an ticipated in a tenants’ organization; or interest bearing account, the landlord must pay you at least 75 percent of the annualized • The tenant made a formal complaint to the average interest rate payable on such account, landlord pursuant to Florida law. or interest at the rate of 5 percent per year, simple interest. Prohibited Practices

Upon terminating your lease and vacating the A Landlord May Not: property, one should leave the landlord a for- • Interrupt or terminate utility services such warding address as a prerequisite to obtaining as water, heat, light, electricity, gas, elevator, your security deposit back and preserving your garbage collection, or refrigeration. right to object to the landlord’s claim. If your landlord intends to return your full security • Prevent the tenant from gaining reasonable deposit, the landlord must do so within 15 access by changing locks or by other means. days, including interest, if applicable. If your landlord intends to withhold any of your • Remove outside doors, locks, roof, walls, security deposit, the landlord must give you or windows of the unit except for repair or written notice by certified mail within 30 replacement.

58 • Remove the tenant’s personal property, If the tenant answers the complaint and de- unless the tenant has abandoned or surren- posits the disputed rental monies in the reg- dered the unit or has been lawfully evicted. istry of the court, if applicable, the court will hold a hearing and listen to all the evidence • Prohibit a tenant from displaying, in a represented. If the tenant wins, the case will spectful manner, a small, portable, remov- be dismissed and the tenant will probably able, cloth or plastic United States flag. be allowed to stay. If the landlord wins, the court will direct the sheriff to put the land- A landlord who violates these rules is liable lord in possession of the premises after a 24 to the tenant for actual and consequential hours’ notice is conspicuously posted on the damages caused, or for an amount equal to premises. After the passage of 24 hours, the three (3) months’ rent, whichever is greater. sheriff executes the writ of possession, and the The tenant is also entitled to recover costs and landlord or the landlord’s agent may remove reasonable attorneys’ fees. any personal property remaining on the premises. The landlord may also be entitled to a Eviction money judgment for rent owed plus costs and In Florida, a tenant may not be evicted without attorneys’ fees. When an action for possession a court order. To evict a tenant for not paying is based on a breach of a rental agreement the rent, the landlord must first give the tenant other than for nonpayment of rent, the pre- a three(3)-day written notice, requesting that vailing party is entitled to recover the costs the tenant either leave the premises or pay the including attorneys’ fees incurred by pursuing rent owed. If, after three days, the tenant has the court action. neither paid nor vacated, the landlord may file a lawsuit in the county court. The landlord Note: A tenant who remains after the rental can also evict a tenant for reasons other than agreement has terminated (without the land- failing to pay rent. Most notably, a landlord lord’s permission) may be held liable for twice can evict a tenant for violating provisions of the amount of rent due. the lease agreement. Mobile Home Park When a landlord begins eviction proceedings Lot Tenancies against a tenant, this is called an action for The Division of Florida Condominiums, possession. An action for possession requires Timeshares and Mobile Homes is charged the landlord to serve the tenant with notice with the regulation of these living environ- of the lawsuit by delivering a copy of the ments. Issues related to increasing rent, notice complaint to the tenant. The complaint will of rent increases, notice provisions, eviction request that the premises be vacated. The grounds, filing complaints against mobile tenant has five days (not including weekends, park owners, and the making of complaints holidays, or the day on which the notice of the are covered by Florida law and this agency. lawsuit is received) to answer the complaint. For assistance call 850-488-1122 or write The answer must be in writing. Also, upon the Department of Business and Professional receiving the notice, the tenant must depos- Regulation, 1940 North Monroe Street, Tal- it the past-due rent into the registry of the lahassee, FL 32399. Additional information county court. Failure to pay such rent into the can be found at www.myfloridalicense.com registry could result in the loss of the lawsuit. and search for “mobile homes.”

59 HOUSING Rental, Rehabilitation, and Ownership Assistance Programs

The Housing Choice rent is greater than the payment standard, Voucher Program the family is required to pay the additional (Formerly called the Section Eight amount. If you are interested in applying Rental Assistance Program) for a voucher, you must contact your local The federal government funds a rental sub- PHA. Local PHA contact information can sidy program known as the Housing Choice be found at www.hud.gov/offices/pih/pha/ Voucher Program, formerly called the “Section contacts/states/fl.cfm, or by calling your Eight” Housing Rental Assistance Program. PHA Regional Director at (305) 520-5091. The housing choice voucher program is the federal government’s major program for assist- Once the PHA determines that your family ing very low-income families, the elderly, and is eligible for housing choice vouchers, it will the disabled to afford decent, safe, and sanitary put your name on a waiting list, unless it is housing. Success in obtaining such housing able to assist you immediately. PHAs may depends upon the availability of qualifying give preference to a family who is (1) homeless units in the municipality. Landlords are not or living in substandard housing; (2) paying required to participate in the Housing Choice more than 50 percent of its income for rent; or Voucher Program. (3) involuntarily displaced. Once your name is reached on the waiting list, the PHA will Participants are able to use housing choice contact you and issue the housing voucher. vouchers to choose their own housing, including single-family homes, townhouses, and How Do Housing Choice apartments that meet program requirements. Vouchers Work? Housing vouchers are NOT limited to units A family with a housing voucher must find located in subsidized housing projects. suitable housing where the landlord/owner agrees to rent under the program. This may Eligibility for a housing choice voucher is include the family’s then-current residence. determined by the Public Housing Agency Rental units must meet minimum standards (PHA) based on the total annual gross income of health and safety, as determined by the and family size, and is limited to U.S. citi- local PHA. zens and specified categories of non-citizens who have eligible immigration status. The The PHA pays the housing subsidiary directly housing voucher family must pay 30 percent to the landlord on behalf of the participating to 40 percent of its monthly adjusted gross family. The family then pays the difference income for rent and utilities, and if the unit owed. Under certain circumstances, if au-

60 thorized by the PHA, a family may use its the elderly and/or disabled. These are voucher to purchase a modest home. available to families who do not receive housing assistance. Other Vouchers Other types of vouchers, besides housing • Welfare to Work Vouchers (“WtWs”) as- choice vouchers, are available for families who sist families transitioning from welfare to satisfy the following criteria (if you think you self-sufficiency. may be eligible to receive any of the following vouchers, contact your local PHA). • Homeownership Vouchers are awarded to families who wish to purchase their first • Family Unification Vouchers are made home, but need help meeting the monthly available to families whose children may be mortgage and other homeownership ex- taken away due to lack of adequate housing. penses. Family unification vouchers enable these families to lease or purchase decent, safe, Other Programs sanitary housing that is affordable in the private housing market. Emergency Home Energy Assistance for the Elderly • Conversion Vouchers assist with replacing Program (EHEAEP) housing needs that result from the demoli- The Emergency Home Energy Assistance tion, sale, or mandatory conversion of pub- for the Elderly Program (EHEAEP) assists lic housing units. Also, conversion vouchers low-income households with at least one include providing assistance to families person age 60 or older, when the household living in Section 8 projects, which are no is experiencing a home energy (heating or longer eligible for participation. cooling) emergency.

• Vouchers for People with Disabilities. Assistance is available for emergency, ener- Three special types of vouchers are available gy-related costs during the heating (Octo- to people with disabilities: ber-March) and cooling (April-September) seasons. A home energy emergency may result »» Mainstream Vouchers are available to from a delinquent utility bill, lack of fuel or elderly and non-elderly families that wood, or the receipt of a shut-off notice. Eli- have a family member with disabilities. gible households may receive one benefit per season, currently up to $400. Payments are »» Designated Housing Vouchers are made directly to the vendor, or by a two-party available to non-elderly families who check to the vendor and client, for electricity, would be eligible for public housing if natural gas, propane, fuel oil, kerosene, or occupancy were not restricted to elderly wood. households, and also to assist families affected by a PHA decision to designate The purchase of blankets, portable heaters their buildings as “mixed elderly and and fans, repairs of existing heating or cooling disabled buildings” but demonstrate a equipment, and payment of re-connection need for alternative resources for fam- fees are also allowed. ilies with a disabled person. To be eligible for assistance, households must »» Certain Development Vouchers assist have the following: non-elderly families living with an elderly or disabled person to obtain af- • A documented heating or cooling emer- fordable housing in “certain develop- gency; ments” that favor or limit residency to

61 • At least one individual age 60 or older in monthly mortgage payments to Federal Hous- the home; and ing Authority (FHA) approved lenders, and provides mortgage insurance that guarantees • A net household annual income of at least the payment of mortgage premiums. 150 percent of the federal poverty guidelines (minus certain exclusions). In order to qualify for this program, family income (at the time of initial occupancy) Contact your local Area Agency on Aging or may not exceed 95 percent of the median call the Elder Helpline at 1-800-96-ELDER income of the area, adjusted for family size. (1-800-963-5337) for more information on ad- The Secretary of HUD may establish higher ditional eligibility requirements. You can also or lower income tests. contact the local Emergency Home Energy Assistance Program for the Elderly provider Applications are submitted to HUD by an listed by Area Agency. FHA approved lender from whom the pur- chaser is seeking the loan. The amount of Section 1715z Home the subsidy received varies according to the Ownership Subsidy Program income needs of the homeowner, the total Section 1715z is a home ownership subsidy amount of the mortgage payment, and the program that assists low-income individuals locality. with purchasing a home. HUD subsidizes

62 HOUSING Assisted Living Facilities (ALF)

Introduction • Whether the facility is affiliated with any An Assisted Living Facility (ALF) is a popular religious organization and that organiza- long-term care housing alternative licensed by tion’s responsibility to the facility; the state. This is essentially Florida’s version of a board and care facility. An ALF is often • The rights, duties, and obligations of the a good option when a nursing home is not residents; required but independent living is no longer appropriate. Medicare does not pay for ALFs. • The purpose for any advance payments, in- Fees are generally paid monthly, though “per- cluding refund policies for those payments. sonal services” may be offered separately. Inspecting ALF Records An ALF provides housing, food service, and Before Placement one or more personal services. Personal ser- The ALF industry is licensed and regulated vices might include assistance with eating, by the Agency for Health Care Administra- personal care, and housekeeping; supervision tion (AHCA). Other departments participate of medication; arrangement for social and in the oversight of ALFs, including the De- leisure services; and arrangement for appro- partment of Children and Families (DCF), priate health services. However, an ALF will the Department of Elder Affairs, and the not provide medical, nursing, dental, or men- Department of Health. You should request tal health services directly. ALFs, therefore, information about the facility from AHCA, are not nursing homes. In general, a person including inspection reports, and review them needing medical/nursing services requires a before signing a contract. The most recent nursing home. inspection report must be posted prominently in each facility. Upon request, a facility must Contract Requirements give an applicant a copy of the latest inspec- Be careful in choosing an ALF. Carefully tion report. Anyone may obtain a list of ALFs review the contract before signing. By law, that are currently in violation of statutes or the contract must be in writing and state the regulations at www.ahca.myflorida.com/ following: MCHQ/WebDmHelp.

• The services and accommodations to be Additional considerations in selecting an ALF provided; are similar to those found in the section of this Handbook entitled “Health Care—Nursing • Rates; Homes.”

• 30 days’ notice prior to any rate increase;

63 Criteria for Admission »» Retain and use personal property. and Residence to an ALF An individual must meet certain criteria to »» Communicate freely. be admitted to an ALF. Remember, an ALF is not a nursing home. This means that res- »» Participate freely in community services idents must be capable of performing many and activities. everyday activities independently. An ALF can provide assistance and supervision with »» Manage his/her financial affairs. these activities, but it is not a skilled health care facility like a nursing home or a hospital. »» Share a room with his/her spouse, if both are residents of the facility. In general, for admission to an ALF, a resident must be an adult, be capable of performing »» Enjoy exercise and the outdoors. day-to-day living activities with supervision or assistance, not require 24-hour nursing »» Exercise civil and religious liberties. supervision, be free of stage II, III, or IV pressure sores, be able to participate in most »» Receive adequate and appropriate health social and leisure activities, be ambulatory, care. not display violent behavior, and be able to take their own medication, with assistance of »» Receive at least 45 days’ written notice staff if necessary. AnALF can accommodate of relocation or termination, unless special dietary needs and provide mobility medically necessary. services. A resident may be discharged if he or she is no longer able to meet these criteria, »» Present grievances and recommend or is bedridden for more than seven days. changes. Access to the Long-Term Care Ombudsman Council and other advo- When possible, each resident should be exam- cacy groups must be allowed. ined by a licensed physician or nurse practi- tioner within 60 days prior to admission, and • The Resident Bill of Rights must be post- the medical report should be transmitted to ed prominently in each ALF facility and the ALF. If a medical exam is not done prior must be read or explained to residents who to admission, it must be done within 30 days cannot read. This notice must include the after admission. contact information for the local ombudsman council, advocacy organizations, and Resident Bill of Rights the central abuse hotline. TheALF facility must allow access to a telephone to call any • Residents may not be deprived of any civil of these numbers. or legal rights, benefits, or privileges guaranteed by law, the Florida Constitution, • An inspection of the ALF occurs every two or the United States Constitution. Every years, and must include private, informal resident has the right to the following: conversations with a sample of the residents and the ombudsman council. »» Live in a safe and decent living environment, free from abuse and neglect. • ALF facilities may not prevent residents from exercising their rights. »» Receive considerate and respectful treatment, with recognition of person- • An ALF may not retaliate against residents al dignity, individuality, and the need for exercising their rights or for filing a for privacy. complaint about the ALF.

64 • Any facility that terminates the residency recreational, educational, and other activi- of an individual who participated in the ties within the facility and the community. above-mentioned activities must show good cause in a court of competent jurisdiction. »» The facility must provide an ongoing activities program. The program shall • Persons submitting complaints or reports provide diversified individual and group about an ALF are immune from prose- activities in keeping with each resident’s cution (unless submitted in bad faith or needs, abilities, and interests. maliciously). »» The facility must consult with residents Other Resident Rights in selecting, planning, and scheduling An ALF must provide care and services ap- activities. propriate to the needs of residents accepted for admission to the facility. Some of the most »» Scheduled activities should be available relevant are as follows: at least six (6) days a week for a total of not less than twelve (12) hours per week. • Supervision. Facilities must offer personal Watching television is not considered an supervision, as appropriate for each resident, activity for the purpose of meeting the including the following: twelve (12) hours per week of scheduled activities, unless the television program »» Monitor the quantity and quality of is a special, one-time event of special residents’ diets. interest to residents of the facility. A facility whose residents choose to at- »» Observe residents’ activities daily on tend day programs conducted at adult the premises; and keep apprised of the day care centers, senior centers, mental general health, safety, and physical and health centers, or other day programs emotional well-being of each individual. may count those attendance hours toward the required twelve (12) hours »» Maintain a general awareness of the res- per week of scheduled activities. An idents’ whereabouts. The resident may activities calendar must be posted in travel independently in the community. common areas where residents normally congregate. »» Contact the residents’ health care provider or other appropriate party, such as »» If residents assist in planning a special the resident’s family, guardian, health activity such as an outing, seasonal care surrogate, or case manager, if the festivity, or an excursion, up to three resident exhibits a significant change or (3) hours may be counted toward the if the resident is discharged or moves required activity time. out. • Arrangement for Health Care. In order »» Maintain a written record, updated as to facilitate resident access to needed health needed, with any significant changes, care, the facility should, as needed by each any illnesses which resulted in medical resident do the following: attention, major incidents, changes in the method of medication administra- »» Assist residents in making appointments tion, or other changes which resulted and remind residents about scheduled in the provision of additional services. appointments for health services.

• Social and Leisure Activities. Residents »» Provide for, or otherwise arrange, trans- must be encouraged to participate in social, portation to needed health services.

65 »» The facility may not require residents numbers are the District Long-Term to see a particular health care provider. Care Ombudsman Council, 1-888-831- 0404; Disability Rights Florida, 1-800- • Activities of Daily Living. Facilities must 342-0823; and the Agency Consumer offer supervision of or assistance with ac- Hotline, 1-888-419-3456. tivities of daily living, as needed. Residents should be encouraged to be as independent »» The statewide toll-free telephone as possible in performing daily activities. number of the Florida Abuse Hotline, 1-800-96-ABUSE or 1-800-962-2873, • Nursing Services. must be posted in full view in a common area accessible to all residents. »» The facility may employ or contract with a nurse to do the following: »» The facility must have a written statement of its house rules and procedures a. Take or supervise the taking of vital which shall be included in the admis- signs; sion package. The rules and procedures must state the facility’s policies, such as b. Manage pill-organizers and admin- resident responsibilities, the facility’s ister medications; alcohol and tobacco policy, medication storage, the delivery of services c. Give prepackaged enemas pursuant to residents by third party providers, to a physician’s order; and resident elopement (based on the facility’s definition of elopement), and d. Maintain nursing progress notes. other administrative and housekeeping practices, schedules, and requirements. »» The nursing services listed above may also be delivered in the facility by fam- »» Residents may not be required to per- ily members or friends of the resident, form any work in the facility without provided the family member or friend compensation, except that facility rules does not receive compensation for such or the facility contract may include a re- services. quirement that residents be responsible for cleaning their own sleeping areas or • Resident Rights and Facility Procedures. apartments. If a resident is employed by the facility, the resident must be com- »» A copy of the Resident Bill of Rights, or pensated, at the minimum wage. a summary provided by the Long-Term Care Ombudsman Council must be »» The use of physical restraints shall be posted in full view in a freely accessi- limited to half-bed rails, and only upon ble resident area, and included in the written order of the resident’s physician, admission package. who shall review the order every six months, with the consent of the resident »» The facility must have a written griev- or the resident’s representative. Any de- ance procedure for receiving and re- vice, including half-bed rails, which the sponding to resident complaints. resident chooses to use and can remove or avoid without assistance shall not be »» The address and telephone number for considered a physical restraint. lodging complaints against a facility or facility staff must be posted in full • Third Party Services. Residents or their view in a common area accessible to all representatives may not be prohibited from residents. The addresses and telephone utilizing third party services, including

66 home health agencies or private nurses. violation of the Resident Bill of Rights. The A resident must, however, comply with Long-Term Care Ombudsman may also delivery policies of the facility. be very helpful in many situations which do not rise to the level of “resident rights • In Florida, residents may sue an ALF violations.” For example, the Ombudsman that violates a resident’s rights. A private can often facilitate communication among attorney may be hired by a victim or the residents, families, and the administration victim’s family to sue for actual and punitive of the facility to resolve various issues. You damages, along with reasonable attorneys’ can visit its website at ombudsman.my- fees and expenses if the resident wins. The florida.com or call the toll-free number for State Attorney, AHCA, DCF, and/or the the Long-Term Care Ombudsman Council Long-Term Care Ombudsman Council 1-888-831-0404. should also be contacted for a suspected

67 HOUSING Continuing Care Agreements

General Information • An estimate of how much the facility will about Continuing charge for any services not included in the Care Agreements contract; Continuing care contracts or care for a term of years contracts are another means of fi- • Terms for cancellation of the contract; nancing shelter, food, and limited care for older Floridians. Continuing Care Agree- • Health and financial condition requirements are generally long-term commitments, ments for a resident to be accepted and sometimes providing for different levels of remain at the facility; care as a senior’s needs change. In contrast to ALFs, where the contract for a stay is like a • The circumstances under which the resident rental agreement, a continuing care contract will be permitted to remain in the facility is treated as a financial product. In Florida, in the event of financial difficulties; establishments that provide continuing care for a term of years or for life in exchange for • Provision for contract cancellation either by a lump sum of money are regulated by the the facility or by a resident after giving 30 Florida Office ofInsurance Regulation. days’ notice, and a discussion of the refund policy for prepaid fees; Prior to signing a continuing care contract with a facility, a prospective resident should • The effect of marriage; review the annual statement filed with the Office of Insurance Regulation. A facility • Cancellation in the event of the resident’s provides room and board and other inciden- death; tals to its residents through a continuing care contract in return for money or property. • The policies which may lead to changes Florida law requires that such contracts state in monthly recurring and nonrecurring the following: charges or fees for receipt of goods and services; • Whether the care is for one or two persons; • Statement regarding the facility’s affiliation • All properties to be transferred and/or with any religious, nonprofit, or proprietary amounts to be paid by the resident or on organization or management entity, if any; behalf of the resident; and

• The services to be provided for the resident • Statement affirming that charges for care and for how long; paid in one lump sum shall not be increased or changed during the duration of

68 the agreed upon care, except for changes the resident or the resident’s legal repre- required by state or federal assistance pro- sentative must receive a full refund of all grams. monies paid to the facility, except those costs specifically incurred by the facility at Important Things to the request of the resident, if any, and set Know About Continuing forth in writing in a separate addendum, Care Agreements signed by both parties to the contract. • A resident has the right to pull out of a continuing care contract and receive a full Remember that unless the contract violates refund of any funds paid, without penalty the law, it will be binding. You should consult or forfeiture, within seven days after exe- an attorney and try to negotiate the terms of cuting the contract. a continuing care contract which will suit your needs. In addition, remember that if you • The resident or the resident’s legal represen- want to cancel your contract and do so within tative has the right to inspect the provider’s seven days after making an initial deposit most recent financial statement and inspec- or executing the agreement, you cannot be tion report before signing the contract. charged penalties of any kind.

• Before the transfer of any money or other Any agreement between a continuing care property to a provider by or on behalf of facility and a prospective resident (or the res- a prospective resident, the provider must ident’s family) for the provision of care in present a typewritten or printed copy of the return for payment of any kind is contractual, contract to the prospective resident and all and any written statements should be read and other parties to the contract. understood before being signed. Guarantors or co-signers of these contracts are bound to pay • If a resident dies before occupying the facili- the debts of the resident should the resident ty, or through illness, injury, or incapacity is become unable to pay. Persons considering precluded from becoming a resident under becoming guarantors should take special care the terms of the continuing care contract, to understand the obligations they may incur. the contract is automatically canceled, and

69 GENERAL INFORMATION Protecting Yourself from Crime

Remedies • Stay away from dark and deserted places Crime can strike anyone at anytime, any- at night. where. Unfortunately, many criminals target the elderly because they believe that the elderly • Always lock your car doors, even when you are vulnerable. Furthermore, Florida has a are inside the car or next to the car. It is large, and growing, senior population. So possible to have items stolen from the car if you are new to Florida, don’t assume that while you are at a stop sign or getting gas. the casual environment means that you can be less vigilant. • Avoid walking alone.

However, there are ways to protect yourself • Do not use an outdoor ATM at night. If from becoming a victim. For example, you you need to get cash after dark, find an in- and your neighbors can contact your local door location, such as a mall, grocery store, police to establish a Crime Watch program or restaurant. Remember, many vendors in your neighborhood. In addition, a few allow you to get “cash back” when you pur- simple precautions could prevent you from chase an item with your debit/credit card. being targeted for a robbery, burglary, or violent assault. This sectionwill suggest ways In the event of a holdup, do not resist. If to prevent some of the most common crimes your purse is snatched, let it go. Your wallet from happening to you. is replaceable; your life is not. Robbery Preventing Burglary Robberies and purse snatchings are difficult to and Theft Generally prevent, but there are things that you can do Take adequate security measures to protect to guard against property loss, injury, or death. yourself and your home. Many burglaries You can reduce your chances of becoming a can be avoided by taking some common pre- victim by doing the following: cautions.

• Do not carry large amounts of cash. Credit Never provide sensitive information to incom- cards and checks can be replaced. Cash ing callers or in response to an e-mail, even cannot be replaced. if the caller or sender says they are from your financial institution. A reputable financial • Do not discuss your financial affairs in pub- institution will not call you out of the blue lic or around strangers. Disclosing banking to ask for your account number or Social and similar information could set you up Security number. for a robbery.

70 Do not hide a door key under the doormat, Turn on some lights when you are away. A behind the shutter, or in a mailbox. Everyone dark home or apartment attracts burglars. knows these tricks. Leave a key with a trusted Try to leave two lights on, particularly in the neighbor. If you park your car inside a secure kitchen and living room, the two most used garage, you can also purchase a magnetic rooms at night. You should not, however, leave key case that attaches to the bottom of your the same lights on every time you are out. car. The safest key cases need a code to open Outside lights near doors and large windows them. Do not use a key case if you park your discourage burglars. car outside. Keep all doors and windows in good repair. Install an alarm system if you can afford one. A broken window or door is an invitation A basic alarm system may be cheaper than you to a burglar. Many burglaries occur because think, and many companies offer installment a burglar entered through a broken door or payment plans. window.

HOME SECURITY CHECKLIST Yes No Do exterior lights illuminate all entrances to your home? Is shrubbery kept trimmed so a burglar can’t hide near windows and doors? Are garage doors kept closed and locked at all times? Are exterior doors made of solid core construction (including door leading from the garage to house)? Is there a peephole viewer (180°) on the front door? Are sliding glass doors secured with auxiliary locks or pinned, and are screws in the track to prevent removal of doors? Are exterior doors secured with a deadbolt lock (single or double cyl- inder) with a minimum 1-inch throw? Are windows secured with auxiliary keyed locks or pinned with a nail? Do you report suspicious persons or activity in the neighborhood to the police immediately? Are doors locked at all times? Are your valuables marked with your Florida driver’s license number and do you have a record of them with complete serial number, make, and model?

If you are able to answer yes to all of the above tion by calling the company before letting the precautions, you have greatly decreased the person into your home. Check I.D. through likelihood of your home being burglarized. the peephole viewer. A wide angle viewer is easy to install and inexpensive. Check to see who is at the front door before opening it to strangers. Require identification Maintain adequate locks on doors and from all repair and delivery personnel. If in windows. Weak or easily broken locks give doubt, check the authenticity of the identifica- burglars a reason to break into your house.

71 When you are going away for a Most burglars are am- long period of time, ask a friend or Women and ateurs; however, they neighbor to check on your house Street Crimes every day. Leave the lights on when are often successful There are basic steps you leave. Your friend can do this because many locks that women can take for you, or you can purchase timers are inadequate. A to protect themselves and motion-sensitive lights, avail- dead-bolt lock with a from robbery and able at any hardware store. Cancel one-inch bolt is rec- physical or sexual as- deliveries, newspapers, and mail. ommended. The key- sault. Keep the follow- Newspapers piled up near your in-the-knob type lock ing points in mind. is not adequate and door or mail overflowing from your should be replaced or mailbox indicates to a burglar that Do not leave your supplemented with a you are not home. purse on a count- dead-bolt lock. er while shopping. When in a crowd, If a portion of the door is glass, install a lock hold your purse firmly. A cross-body purse is that requires a key both on the inside and less attractive to a purse snatcher than a purse outside. If you use a padlock, it should be of you carry on one shoulder. If at all possible, pick-resistant quality and have a hardened avoid carrying a purse. shackle. Remove the identification numbers and record them elsewhere before you use Do not list your first name in the phone the padlock. book or on a mailbox. This invites prank calls.

If your door frame is weak, use a lock which Do not let strangers into your home. Ask for does not depend on the frame for strength. identification if it is necessary to let someone Door chains do not provide security against inside. Be fully dressed when delivery men forced entry. Exterior door hinges should or others come to your home. When possible always have non-removable hinge pins. have delivery people leave packages outside.

All windows, except those providing emergen- When riding a bus, watch to see if anyone is cy exits, should be secured by key-controlled staring at you, then watch to see if that person inside locks. Place a board lengthwise in the follows you off the bus. Anticipating trouble floor track of sliding doors. Never leave win- is the best way to prevent it. dows or doors unlocked if you are leaving your home, even if only for a few minutes. Take a taxi at night if you can afford it, and do not hesitate to ask the driver to wait until Trim your shrubs. High shrubs and bushes you are inside. that hide doors and cover windows should be trimmed to reduce hiding places for burglars. Use common sense when alone in public places. Be aware that self-service elevators can Do not make it easy for the burglar to be dangerous. Do not step into an elevator at find valuables. Do not keep large amounts night with a stranger if you can avoid doing so. of money in the house. Do not place your money and jewels in the bedroom; burglars Keep shades pulled at night. Do not let often search there first. Store valuable property strangers see that you are alone, and do not in a closed area — preferably a locked closet, undress unless the shades are pulled. a safe, or a safety deposit box. Do not put valuable items near windows where they are To guard against the possibility of sexual visible from the street. attack, a woman should do the following:

72 • Always walk with a whistle and keys in • Drive with car doors locked at all times. hand for quick access to car, home, or office. Keep your windows up if possible. Keys can also be used to repel an attacker in an emergency. • Choose driving routes that are direct and well-traveled. • When walking alone, be aware of your environment and be cautious of the people • Avoid empty stairwells, basement laundry who are around you. rooms, or empty laundromats.

• If you go out at night, tell someone where If you are ever in a situation where you think you will be. Ask that person to look for you are going to be attacked, first and fore- your return, and to notify the police if you most, try to talk the attacker out of it. Distract do not return after a certain time. Stay in him, and use all of the delaying tactics at your well-lit areas and take the most direct route command. If the attacker has a weapon, put to and from your destination. Carry a cell your life first. Struggling may result in your phone to alert 911 if an emergency occurs, being hurt or killed. If you are a victim of and so friends and family can communicate rape, contact your local rape treatment center with you. for counseling and treatment.

• Notice stores or establishments that stay Florida Crime Victims’ open at night and places to go where you Bill of Rights can get help. The Florida Constitution provides that all Florida victims of crime or their lawful rep- • If you suspect that you are being followed, resentatives are entitled to the right to be go into the nearest store or walk out into informed, be present, and be heard when the street, where you can easily be seen. relevant at all crucial stages of criminal pro- Blow a whistle, shout “fire,” or scream to ceedings (as long as these rights do not inter- get attention. fere with the rights of the accused).

• If a police officer pulls you over after dark, Florida Law has guidelines for the fair treat- turn on your hazard lights and drive to the ment of victims and witnesses in the justice nearest gas station or other well-lit area. systems. It authorizes a direct-support orga- Officers should recognize this maneuver. If nization to assist victims of crime. It provides you have a cell phone, dial 911 and let the victims the opportunity to have a defendant operator know that you intend to drive until tested for HIV if there was a transmission of you find a safe place. The operator can relay body fluids during the crime. It also designates the information to the officer. Regardless, a Victims Compensation Trust Fund to assist you should follow any specific instructions victims of violent personal crimes to pay for given to you by law enforcement. stipulated expenses they incur as a result of the crime. • If you have car trouble, stay in the car and keep the doors locked. Use your cell phone If you are the victim of a crime and have to call for assistance. You should keep your suffered a physical injury, or are the surviving insurance company’s Roadside Assistance spouse, parent, child, or dependent of a victim number in your contacts list or your glove who died as a result of a criminal act, you may compartment. If you do not have a cell be eligible for financial assistance from the phone, turn on your hazard lights and wait State under the Florida Crimes Compensation for law enforcement. Act. Such assistance may include reimbursement for medical expenses, lost wages, and funeral expenses.

73 The Florida Attorney General’s Division of If you are the victim of physical violence, call Victim Services not only serves as an advo- the police and DCF immediately. Go to your cate for crime victims and victims’ rights, it doctor’s office or hospitala emergency room also administers a compensation program to if you are injured. If you have little or no ensure financial assistance for innocent vic- money, a county hospital will provide emer- tims of crime. As part of its responsibility, the gency medical treatment. Health insurance division also notifies victims of the status of plans (including Medicare and Medicaid) any appellate decisions regarding their cases. usually cover medical expenses resulting from The toll-free number is 1-800-226-6667. In physical abuse. Tell the doctor or nurse that addition, victims may also contact the Bureau your injuries are the result of abuse. Florida of Victim Compensation at (850) 414-3300. law requires professionals, such as physicians, nurses, and other health care workers, as well Elder Abuse as anyone else who knows or has a reasonable Older persons and their families today face cause to suspect that abuse is occurring, to increased economic and emotional pressures. report this knowledge or suspicion to DCF. Often, these are pressures over which we feel we have no control. The result can be unde- You may also qualify for a domestic violence sirable living conditions. For the elderly adult injunction or an injunction against repeat who is dependent on a caregiver, the result violence, through which you can seek exclu- may be abuse, exploitation, or neglect. sive occupancy of the home you may share with the abuser. You may also be entitled to There are many types of abuse. Although temporary support through your injunction actual physical violence by one person against if you are married to an abusive spouse. another (in this case the elderly adult) is not the most common form of abuse, it does oc- Document the incident by keeping your med- cur. More often, the older adult is subjected ical records and the police report. Thiswill to psychological abuse, such as unnecessary enable you to be reimbursed by your insur- neglect or verbal taunting. Financial abuse ance company, protect yourself through legal of elderly persons’ resources and possessions action, and possibly receive reimbursement is also prevalent. through the Victims of Crime Act.

Older Floridians have enhanced protections. If you or someone you know is not receiv- Help is available. There is a response network ing adequate care or is being neglected by in Florida. If you feel you are being abused, ne- his or her family or caretaker, please seek glected, or exploited, contact the Department help immediately. Help cannot be provided of Children and Families (DCF) immediately, if you do not make the situation known to at 1-800-96-ABUSE. This is a 24-hour-a-day the proper agency or authorities. Do not be toll-free number. When you call, DCF will afraid or ashamed to report any situation that intercede on your behalf and make appropriate you feel is not what it should be. Both the arrangements for your safety and well-being. victim and the abuser need help, and, without DCF’s goal is to protect you while allowing intervention, the abuse is often repeated. Do you to remain in your own home. not worry about the confidentiality of your information when making a report. Confi- If the DCF investigator finds sufficient -evi dentiality is strictly enforced by law. The law dence of abuse, neglect, or exploitation, the recognizes that older adults have the right to Department will provide protective services respect and dignity. (e.g., family counseling, additional home health care, placement and protective supervision, or emergency shelter placement).

74 GENERAL INFORMATION Consumer Guide

Introduction er inquiry or complaints, or to schedule a con- Consumers of all ages are vulnerable to the fast sumer seminar, please call 1-800-203-3099, or pitch and hard sell of the professional sales- visit its website at www.seniorsvscrime.com. person. Often, incredible claims and outright lies are used to persuade the buyer. Contracts and Buying on Credit Even though Florida has consumer protection Most major purchases involve the making laws, your best protection is to be a well-in- of a contract between you (the buyer) and a formed, careful buyer. A smart consumer merchant (the seller). If you have ever bought a should be knowledgeable of legal rights, cau- car, hired someone to do repairs, or purchased tious of product exaggerations, and unafraid to a pair of shoes using a credit card, you have demand satisfaction. This section is designed entered into a contractual relationship. to help you become an alert consumer so you can avoid being taken advantage of by fast- Contracts are usually involved when credit is talking sales people or misleading advertising. extended for the purchase of an item or service This Handbook also provides a description of and payment is spread out over a period of available remedies for dissatisfied consumers. time. This arrangement is commonly known as buying on time or buying on credit. In Be proactive: consumer-conscious senior citi- effect, the seller – or more often, thelender zens in Florida have the opportunity to volun- – extends a loan to you in the amount needed teer their time and energy to help the Attorney to purchase the item or service. You, in turn, General’s (AG’s) Office fight back against con agree to pay back that money, plus a finance artists who typically prey upon them. If you charge. are interested in volunteering, you can become part of the AG’s statewide program known Whenever you buy on credit, make sure you as “Seniors vs. Crime.” The program trains know the total cost. Find out how long you retired citizens, known as “Senior Sleuths,” will have to make payments, and be sure that to educate Floridians about consumer fraud you are able to make them. and to participate in some consumer investi- gations. In addition, the volunteers regular- You should be familiar with the following ly conduct seminars glossary of credit ter- about how seniors It is important to note the distinc- minology: can protect themselves tion between “seller” and “lend- from becoming crime er.” Even if a product is defective, • Cash Price: The victims. For program you may still be obligated to your price of an item or information, consum- lender-credit card company for the amount you borrowed to buy something from the seller. 75 service if paid for in cash at the time of and the annual percentage rate of interest purchase. (APR). Look for these first.

• Finance Charge (also carrying charge or • Credit card companies must disclose how price-differential): The cost for the privilege long it will take for you to pay off your debt of paying in installments over a period of if you only make minimum payments, and time. It is added to the cash price. the total interest you will pay.

• Deferred Payment Price: The total amount • These companies must also give you 45 that you will pay for the item or service days’ notice before increasing your interest during the installment period. Cash price rate, and must give you an opportunity to + finance charge = deferred payment price. opt out of the agreement.

• Annual Percentage Rate (APR): The • To save money, choose the lender who rate of interest you pay for the privilege charges you the lowest annual percentage of buying on credit. By law, in almost all rate. cases, the APR must be disclosed. • Credit unions are limited in the amount Finance charges and interest rates vary; be of interest they may charge, and their rates sure to shop around for the best rate. You are usually low; by comparison, small loan should also be aware that Florida law limits companies usually charge extremely high the finance charges a consumer must pay.The rates. limit depends upon the type of transaction. For example, the allowable finance charge Before signing any sales contract, ask yourself for a motor vehicle contract may not be the these questions: same as the allowable finance charge on a credit card purchase. If you have questions • Do I know what I am buying? about the legal limit on a finance charge for a particular transaction, contact the Florida • What kind of protection do I have in the Office of Financial Regulation/Division of way of guarantees and warranties? (Buying Consumer Finance for more information, something “as is” means no warranty.) 850-487-9687; www.flofr.com. • Do I understand what the contract says Also, a new federal agency, the Consumer and what my obligations are? Financial Protection Bureau, is an excellent resource for learning about financial products • Can I get a similar item elsewhere at a generally, including credit cards, installment better price? purchases, and loans. You can find on its website, www.consumerfinance.gov, summaries • If the purchase is financed, am I satisfied of important consumer laws and regulations, with the price I am paying for the loan? as well as information about proposed regulations to protect your rights, such as the Federal • If financed, do I understand my obligations Truth-in-Lending and Credit Card Acts. to the lender, who may not be the same as the seller? When shopping for credit, remember the following tips: Basic Contract Do’s and Don’ts • Persons and businesses who extended you DO get service estimates in writing. credit must tell you the finance charge

76 Note that any promises made but DO insist that the not written into the contract usually vices to be provided salesman let you take cannot be enforced. in the future and on a home a copy of the continuing basis, such contract BEFORE There is no three-day right to cancel as health clubs. you sign it. a contract to buy or lease a car in Florida unless it says so in the Door-to- DO show the contract contract. This means you cannot Door Sales to a lawyer BEFORE return the car – even the very next YOU SIGN if you day – without significant financial Home have a question about consequences. Solicitation any provision. Sales If you have a question about wheth- Beware the door-to- DO insist that all er there is a three-day cooling off door salesman! Even promises (guarantees period, or any other right to cancel the most strong-willed and warranties) be put a particular type of contract under customer occasionally in writing. Florida law, you may call the Florida falls prey to an enter- Consumer Protection and Informa- prising door-to-door DO keep copies of all tion Hotline, 1-800/435-7352, BE- salesperson. You are contracts, payment re- FORE you sign an agreement. After not obligated to buy cords, and complaint you sign is too late to learn that your anything even if a records in a safe place. purchase is not on “the list.” salesperson spends a long time demon- DON’T sign anything By law, you are required to send strating a product or unless you have read it WRITTEN notice to the company explaining a service carefully (or have had before midnight of the third busi- to you. If you are not it read to you), and you ness day after the date of the trans- pleased with such fully understand what action. a purchase, you do it says. have options. If your purchase is for more DON’T ever sign a contract with blank spaces than $25, you have the right to cancel the to be filled in later by a salesperson. sale within three days.

Most of all, take your time when making a Once the seller receives your notice, he or she major purchase. Don’t let salespeople pres- has 10 days to refund your money, return sure you into making a quick decision. Your documents that you have signed, and return strongest power as a consumer is to walk away any goods or property that you have traded from a deal. in. The seller is not entitled to keep any portion of your deposit after you have properly Can I Cancel My Contract? canceled the agreement. If the seller left any products with you, you must take reasonable A Summary of the care of them. The seller has up to 40 days in “Cooling Off” Rule which to pick up the products. You are not Most contracts in Florida DO NOT have responsible for returning the products. If the a “cooling off” period. Unless the contract seller fails to pick them up within that time, says so in writing or Florida Statutes provide the products are yours and you have no obli- otherwise, there is no three-day right to cancel. gation to pay for them. Similarly, if the seller has performed any services within the three- Florida law provides a right to cancel in very day cancellation period and you have properly specific circumstances. Some examples include canceled in writing, the seller is not entitled home solicitation sales, and contracts for ser-

77 To find out whether a license or to any compensation permit is needed, and whether and you are unable to for those services. the contractor you’re considering make payments, you has the proper license, call the put your home at risk! Florida also has a law Florida Department of Business specifically designed and Professional Regulation, Collection to protect older per- 1-850-487-1395, or verify a license on Activities sons from unfair and www.myfloridalicense.com. When you are paying deceptive sales tactics. for a product or ser- The law applies to persons 60 years of age or vice over time and get behind on your pay- older. If any salesperson willfully uses methods ments, there will be consequences. The origi- that intend to victimize an older consum- nal creditor – and eventually a collector – will er, that salesperson may be liable for up to contact you about payment of the amount you $15,000 in civil penalties. owe. Even though you may owe the money and even though creditors have the right to Consumers and collect, Florida and federal law limit what a Home Repairs collector can say or do; harassment is prohibit- Whenever you hire someone to work on your ed. If you want to stop contact by a collector, home, exercise caution and shop around. Don’t send a certified letter to the collector asking feel you have to hire the first contractor that that contact cease. The Consumer Financial you find. Get two or three written estimates Protection Bureau, 1-855-411-2372, has good to see who is offering the best bargain. Check sample letters which you can download from references BEFORE you hire. When construc- its website, www.consumerfinance.gov, to tion is involved, check whether a license or use as a guide. This federal agencywill also permit is required for the work, and whether take and investigate your personal complaint or not the contractor you are considering has about collection harassment. “Harassment” the appropriate license. includes the use or threat of force or violence, the use of abusive language, and sending cor- Once you’ve chosen your contractor, make respondence in an envelope or on a postcard sure that your agreement is in writing. If all designed to embarrass you. To report abusive the important terms are not in writing, you collection practices in Florida, you may file may not have any recourse if something goes a complaint with the Florida Office of wrong. Terms such as the price, a complete Financial Regulation, 1-850-487-9687, description of the work to be done, a time www.flofr.com and search “file a complaint.” frame for completion of the work, when pay- Be aware, however, that this agency cannot ments are due, and a guarantee of the work mediate or intervene on behalf of individual to be done should be part of the agreement consumers. signed by you and the contractor. Negotiating a complete written agreement will help to Garnishment avoid arguments after the work is completed. Although the creditor has to stop contacting you by mail or telephone if you ask them to If you plan to pay for work on your home in do so, you can still be sued and a judgment installments and you default on the payments, entered against you. Once a judgment is en- the contractor can place a mechanic’s lien on tered, garnishment is a remedy available to the your house. A mechanic’s lien, like a mortgage, plaintiff-creditor. Garnishment is a court order can lead to foreclosure and must be satisfied permitting the creditor to take your income or before you can sell your property. Caution: Be assets. However, Florida law provides protec- aware that a mortgage or an equity line creates tion for certain types of income and certain a lien on your property; if you use a mort- types of assets. For example, in general, a gage or equity line to finance construction creditor cannot take your homestead. That is NOT the case when the creditor is your lender

78 In Florida you cannot be jailed be- or your homeowners’ cause you owe a debt. completed, odometer association; you owe mileage when the ve- taxes; or you owe a CAUTION: “Offset” is different hicle was taken in to contractor who has from garnishment and doesn’t the shop and when it perfected a mechan- even require a lawsuit. If you owe was picked-up, and ic’s lien: in those cases a federal debt (such as a benefits invoices for payment your homestead can overpayment, income tax, or a fed- of expenses for repairs. be foreclosed. erally-insured student loan) or child Consumers should al- support arrears – even if the child ways obtain a written Additionally, even if is an adult – the government may report for each exam- there is a judgment withhold your benefits. ination or repair of the against you, your So- vehicle. cial Security, SSI, and other federal benefits are automatically protected from garnishment. If the vehicle has had to be repaired for the same problem at least three times, the con- Other important information: sumer must give written notification of the issue to the manufacturer by mail to give • Do not mix funds that creditors can’t touch the manufacturer a final opportunity to re- (like Social Security), with funds that are pair the vehicle. The vehicle’s owner’s manual not protected (like investment income or may contain a form for this purpose. Upon a gift). receiving the notification, the manufacturer has 10 days to provide the consumer with an • Do not ignore a notice that a creditor is accessible repair facility and then 10 days to attempting to garnish your bank account fix the vehicle. or your wages. You may be able to protect all or some of your money, but you must If the vehicle is in and out of the repair fa- take action. cility for 15 or more cumulative days, the consumer must give written notification of • If a creditor attempts to seize assets, like this fact to the manufacturer by mail. The your car, contact an attorney as soon as manufacturer must have at least one oppor- possible to find out whether it qualifies tunity to inspect or repair the vehicle. The for Florida’s personal property exemption. consumer may be eligible for a refund or a replacement vehicle if the vehicle is out of Buying a Car service for repair of one or more nonconfor- mities for at least 30 days. TheFlorida Lemon Law protects consumers who purchase a new car that has defects or If the manufacturer does not refund or replace impairments. Defects must be reported to a vehicle, consumers may submit the dispute the manufacturer or the car dealer within to a manufacturer-sponsored program for the first 24 months of purchase or lease. If arbitration. That program should have been the manufacturer fails to fix the vehicle, the certified by the State of Florida when the manufacturer must buy back the defective consumer purchased or leased the vehicle. vehicle and give the consumer a refund or a The manufacturer’s warranty or other written replacement vehicle. material should explain how and where to file a claim. Consumers should keep records of all repairs and maintenance on the vehicle. These A list of manufacturers who sponsor records should include the time and date that state-certified programs can be found at the vehicle was taken in for repair, the date www.myfloridalegal.com/lemonlaw. You the consumer was notified that the work was

79 may also call the Lemon Law Hotline (listed savings. Usually a seemingly pleasant person below). introduces him or herself, and informs the victim that he or she has recently found a large If a manufacturer has no state-certified pro- amount of money. This person wants to give gram, the program fails to make a decision in some of the money away to a deserving and 40 days, or the consumer is not satisfied with honest person because he and his spouse do the program’s decision, the dispute must be not need all of it. The victims are told that submitted to the Florida New Motor Vehicle proof of their good faith is needed before they Arbitration Board, which is administered by can get the money. This proof is cash, called the Office of the Attorney General. The -Con good faith money. An amount is agreed upon, sumer must submit a Request for Arbitration and the victim delivers it to the “nice” person. form available at www.myfloridalegal.com/ What follows is either: (1) an exchange for lemonlaw or contact the Lemon Law Hotline a box which supposedly contains the large (listed below). amount of money but actually does not; or (2) the victim gives his or her money to the thief For more information on the Florida Lemon and expects to receive his or her windfall later, Law, visit www.myfloridalegal.com/lem- but never does. These cons sometimes sound onlaw or call the Lemon Law Hotline at trustworthy, but they never are. When in 1-800-321-5366. Consumers outside Florida doubt, call the police or the Better Business should call 1-850-414-3500. Bureau to see if people are using a particular scheme to victimize others in the community. Schemes, Frauds, and Rip-Offs Health Insurance Supplements Unscrupulous dealers and businesses have and Life Insurance many ways of getting you to part with your It is important to have adequate health and money. Unfortunately, bargains and deals life insurance throughout your life, but as the that are too good to be true usually are, and retirement years approach—and even after you are the one who ends up paying for the retirement—these insurance plans become costly lesson in consumer education. even more important. It is necessary, though, to avoid being scared, rushed, or tricked into There are dozens of methods to take advan- buying policies that do not provide the nec- tage of the unwary and unsuspecting buyer. essary coverage and that just duplicate the Some schemes involve products and services coverage that you already have. commonly purchased by senior citizens. When buying health insurance, accident in- Bait and Switch surance, or life insurance policies, make sure This sales tactic has taken in even the most you know what benefits you are getting for careful and skeptical of buyers. The store or your money, including the length of the pol- business employing bait and switch advertises icy. A term insurance policy ends at some a bargain that is available in limited quan- point other than at your death, such as when tities to get you into the store. Once there, you reach age 65. You may pay premiums for the salespeople try to get you to buy a more many years and when your policy ends you expensive item—most often by downgrading will find out that you will receive no benefits the bargain that brought you to the store in for all those premiums. You should also note the first place. Frequently, the more expensive that credit life and disability insurance (sold to item is overpriced. cover the balance of your consumer purchases in the event of your death or disability) are Pigeon-Drop usually overpriced and normally not a very Generally, this is a scheme designed to rob good deal for consumers. people—particularly elderly persons—of their

80 Also, make sure that you know whether to replace an old one. Many companies will the amount of benefits which your poli- attempt to sell aids to anyone who will pay cy provides will change when you reach a the price. Always check with your doctor first. certain age. Some policies are written so that after you reach age 60 or 65, you are eligible Implications of Co-signing for only half of the benefits you would have The decision to co-sign a loan for someone received at a younger age. must never be taken lightly even if a family member or close friend. As a co-signer, you Make certain that all health insurance solic- are guaranteeing someone else’s debt. While itations received by mail and all newspaper you should consult the documents you sign and magazine advertisements do not mislead and receive to learn your obligations under the you with the words “supplemental health” and loan, you should be prepared to pay the entire “Medicare.” These policies only supplement loan amount plus late fees and legal expenses some or all of what Medicare does not pay. (should the creditor file a lawsuit to recover the Do not think of them as substitutes for the debt). Under federal law, creditors can collect Medicare program. They are not. Before in- debts from co-signers even before attempting vesting your money, you should make sure to collect from the debtor. If you have enough you know exactly what is covered and what is credit to be a co-signer, you undoubtedly have not. For example, some supplemental health better credit than the person for whom you plans only cover costs of hospitalization, but are co-signing. As a result, other companies not medication or doctors’ fees. Other plans may offer more favorable terms for you as the cover hospitalization and doctors’ fees, but co-signer than the company with whom your do not include certain illnesses. friend is dealing. You should always first shop around for a better deal. Consult the help of If you do not understand a policy that you are an attorney if you are unsure of your potential considering signing, have someone you trust obligations as a co-signer. read it for you. If that does not clear things up, you should consider not taking the policy Consumer Remedies at all, contacting the Florida Department of If you have consumer problems, there are Insurance, or seeking legal advice. several numbers you may call. The Florida Department of Agriculture and Consumer Pre-paid Burial Plans Services has a toll-free line to answer consumer Some burial policies are similar to insurance complaints. The number is 1-800-435-7352. in that you will receive the benefits (costs of You can also call the Better Business Bureau burial) no matter how many payments you to report consumer problems. Many cities and have made. Other plans require that you pay counties also maintain local consumer affairs a set amount before you receive any benefits. offices. If you have purchased a defective prod- As with insurance policies, you should know uct, or if the repair job that you contracted for exactly what you are paying for when pur- was poorly done, you can seek satisfaction in chasing a burial plan. For example, some a number of ways. A thoughtfully prepared plans may exclude preparation of the grave complaint, made either in person or in writing or transportation. Read the policy carefully can be extremely effective, especially when the before you invest your money to know exactly complaint is directed to the proper authority. what is and is not included. Also, by law, consumers may cancel certain types of sales contracts. If the amount in con- Hearing Aid Purchases troversy is $5,000 or less, the consumer may Unless you are a doctor, you cannot tell wheth- initiate a legal action in small claims court. er your hearing loss will be helped by a hearing aid. Always have a doctor test your ears before you decide to buy a new hearing aid or

81 Complaints Before you decide to use the courts, make Complaints are most effective when accom- certain that there is no other way of settling panied by receipts and other documentation your dispute. You may save yourself a lot of that explain your case. If you are contacting time and effort – and potential difficulties in the store or business by mail, send your com- litigation – if you can solve your grievance plaint letter by certified mail, return receipt satisfactorily out of court. requested, and keep a copy for your records. Never send originals of any receipt, contract, To file a suit, go to the County Court Clerk or documentation – make copies. If you in either (1) the county where the person you are making your complaint in person, try to are suing resides, or (2) the county where the remain calm, but be firm and make sure that cause of action took place (for example, if you you understand what you are told. When a purchased something from a door-to-door direct complaint to a store or business does salesman, your cause of action took place not satisfactorily resolve your problem, contact in your county of residence). The clerk will the Better Business Bureau or the Consumer assist you with filling out a form and answer Protection Office in your community. any questions you may have. However, it is not the clerk’s duty to help you determine Canceling Contracts the amount for which you are going to sue. As mentioned before (see “Door-to-Door Sales”), certain types of home solicitation To fill out the form, you (the plaintiff)will sales and service contracts can be canceled if need to know the exact name and address done timely. You have until midnight of the of the person or business you are suing (the third business day after the date of the original defendant). You must pay a filing fee, which transaction to cancel these contracts in writ- will vary depending on the amount of your ing. The law, however, only covers contracts claim. You must also pay a service fee for involving more than $25. summoning each party to court.

You may also cancel any contract in which There are two methods to summon defendants your house was put up as collateral or secu- to court. One method is to have the sheriff, or rity for the contract. As in the door-to-door a certified process server, serve the defendants contracts, you have three days from the date for you. Contact the Administrative Office of the contract was entered into to cancel the the Courts to obtain a list of process servers contract. The cancellation also must be in in your county. There is a fee associated with writing and sent to the store, business, or this method. The other method is to serve the individual with whom you dealt. parties yourself, within Florida. A deputy clerk can assist you with this procedure at any of Small Claims Court the filing locations. If serving the defendants If you are dissatisfied with the response to yourself, do so by certified mail and request your inquiry or complaint, you may seek relief a return receipt. There is no fee associated through the small claims court. The small with this method, except the cost of mailing. claims court – a division of the county court – is advantageous to the consumer because: Here are some important points to remember (1) the court costs are minor (the costs depend when preparing your lawsuit: on the county); (2) the procedure is informal; and (3) you do not need an attorney (although • Organize relevant materials (bills, receipts, you or your opposing party may have one). letters, etc.) so that you can make a com- Small claims courts can hear disputes involv- plete and orderly presentation of your case ing $5,000 or less. at the hearing.

82 • Think over your claim and make some When you appear in court, do not be dis- notes on what you want to say so that you turbed if the business or person you are suing can make a full (but brief) statement of is represented by an attorney. Your lack of legal your case. knowledge will not work against you because the judge has a responsibility to ensure that • Determine what witnesses, if any, you want the proceedings remain informal. to testify at the trial. Witnesses may be sub- poenaed (compelled) if they are reluctant to In small claims cases, either side may appeal appear voluntarily. The court has witness an unfavorable ruling to the Circuit Court. subpoena forms. You must have these forms If you want to appeal, you usually will need issued and served on the witness by some- the aid of an attorney. one not interested in the case, and then you must file an affidavit with the court If you win the amount that you were seeking, showing that the subpoenas were served. you face the task of getting the defendant You also must serve witness and travel fees to pay. The defendant may agree to pay you schedules (set by statute) with the subpoena all at once or by installments. But often, a or the witness will not have to appear. defendant who has lost in court will not pay. When this happens, the court clerk can help • Check with the court before the hearing to you complete the forms to seize the property find out whether the defendant has been or bank account of the defendant. To seize served successfully with the summons. If property or accounts, you must have tried to successful service has not been made, the collect on the judgment first. Other court clerk can advise you of your options. When procedures may be available to collect on a this happens, you may want to change the judgment, but they are difficult to pursue date of your hearing. You may seek one without the help of an attorney. continuance or postponement of the hearing date for this or a similar good reason. Suits in Other Courts If a lender fails to show you the complete con- • Should the defendant fail to appear after tents of a contract before you sign, including being served, a default judgment will be any finance charges or annual interest rates, issued in your favor. you can file a lawsuit to recover up to $2,000 (exact amount depends on the transaction – see Before your hearing date is set, the judge will the Contracts and Credit Buying section of notify you of a pretrial conference. This is a this Handbook). This suit should be filed in meeting in which the court tries to mediate a United States District Court or in a Florida a settlement between the parties. If a party Circuit Court under the Truth-in-Lending is not represented by an attorney, the court is Act. You must file suit within one year from required to assist that party on the procedure the date of the contract or you lose the right to be followed and the presentation of mate- to sue. rial evidence. If you can settle at this pretrial conference, you should do so. It may be to If the remedies listed here fail, you may still your advantage. Remember, it is not easy to have a court case. Discuss your situation with collect payments. an attorney. For legal assistance information for the elderly, see the listing in the back of If you settle the lawsuit before the court hear- this book. ing, inform the court. However, still be prepared to go to court in case your settlement Summary falls through. If you are dissatisfied with a product or service, the first thing you should do is to notify the company, in writing, of your complaint. If

83 the company does not satisfactorily respond • Do not discard pre-approved credit offers to your complaint, you may want to contact or unsolicited applications for a loan, in- a lawyer. Do not assume you can stop paying surance or a credit card. Destroy them! just because you are dissatisfied. Get the advice You can avoid the above offers by calling of a lawyer first. An attorney may be able to 1-888-5-OPTOUT (this stops the credit resolve matters without going to court. report companies from selling your information to the companies that want to offer Identity Theft you unsolicited credit). Everyone has a “paper identity” consisting of a Social Security number, birth date, address, • The next time you order checks, have them bank account numbers, credit card numbers, delivered to your bank and pick them up PINs, etc. Identity theft is the wrongful ob- there. Also, have your initials (instead of taining and using of someone else’s personal first name) and last name put on them (that data in a way that involves fraud or deception, way if someone takes your checkbook, they typically for economic gain. Identity theft is will not know if you sign your checks with a very serious and scary crime. Fortunately, just your initials or your first name, but your there are several things that you can do to bank will know how you sign your checks). protect yourself against it. You can reduce the chances you will be a victim of identity • Put your work phone number on your theft by protecting your paper identity and checks instead of your home phone. If you personal information by doing the following: have a P.O. Box, use that instead of your home address. If you do not have a P.O. • Destroy or secure old records that identify Box, use your work address. Never have you, such as bank statements, credit card your Social Security number printed on statements, etc. your checks. You can add it if it is necessary.

• Resist telemarketers and computer scams • When you are writing checks to pay your that seek personal information. credit card accounts, DO NOT put the complete account number on the “For” • Sign up for the National Do Not Call Reg- line; instead, just put the last four numbers. istry (www.donotcall.gov). The credit card company knows the rest of the number, and anyone who might be • Regularly check your financial records for handling your check as it passes through the unfamiliar charges or withdrawals. Also processing channels won’t have access to it. check your medical bills and insurance statements for any unfamiliar treatments • Use secure websites with addresses that or charges. start with “https.”

• Do not use your Social Security number • Never let someone look over your shoulder as your insurance ID. when entering a PIN.

• Minimize the amount of personal informa- • Rather than sign your credit cards, write tion in your wallet or purse. Do not carry in “photo ID required.” your Social Security card or its number on you if possible; do not carry your Medi- • Photocopy the contents of your wallet, care card, which uses your Social Security making sure you have telephone numbers number; and limit the number of ID cards to cancel accounts. that you carry.

84 If you are a victim of identity theft, take action no charge for a security freeze. Also, there immediately and keep records of everything is no charge if you have been a victim of that you do. Take the following steps: identity theft (as long as an investigative report has been filed). For all others, there • Call the police where you live and file a is a $10 fee to place, temporarily lift, or to report, and get the case number. This proves remove a security freeze. For instructions on to credit providers you were diligent, and how to place a security freeze in Florida, see: this is a first step toward an investigation http://consumersunion.org/wp-content/ (if there ever is one). uploads/2013/04/securityFL.pdf.

• Close all credit accounts that have been • Notify the Internal Revenue Service to opened without your permission and dis- prevent the use of your Social Security pute all unauthorized charges or withdraw- number to obtain fraudulent tax refunds. als. Information regarding contacting the In- ternal Revenue Service about identity theft • File a complaint with the Federal Trade is available here: www.irs.gov. Search for Commission at www.consumer.gov/id- “identity theft.” theft or call the Identity Theft Helpline 1-877-438-4338. Internet Fraud The term “internet fraud” refers generally • If your Social Security number has been to any type of fraud scheme that uses the used, call the Social Security Administra- internet. This includesfraud that occurs via tion Fraud Hotline at 1-800-269-0271. chat rooms, e-mail, message boards, or websites. Thieves may use the internet to present • If your mail has been stolen, contact the fraudulent solicitations to prospective vic- Postal Inspection Service at www.postal tims, to conduct fraudulent transactions, or inspectors.uspis.gov or 1-877-876-2455. to transmit the proceeds of fraud to financial institutions or accomplices. • Call the three credit bureaus to place a fraud report on your credit history. This In general, the same types of fraud schemes alerts companies that check your credit to that have victimized consumers and investors the fact that your information was stolen, before the creation of the internet are now and that they should contact you by phone appearing online (sometimes with particular to authorize new credit. The three national refinements unique to internet technology). credit bureaus are: With the growth of the internet, and e-commerce in particular, online criminals try to »» Equifax Inc.: 1-888-766-0008 present fraudulent schemes in ways that look, as much as possible, like the goods and services »» Experian: 1-888-397-3742 that the vast majority of legitimate e-commerce merchants offer. In the process, they not »» Transunion: 1-800-680-7289 only cause harm to consumers and investors, but also undermine consumer confidence in • Florida has a law allowing for a “security legitimate e-commerce and the internet. freeze” on your credit information. This prevents thieves from using your stolen Some of the major types of internet fraud that information to open and use credit cards. law enforcement and regulatory authorities The freeze makes yourcredit information and consumer organizations are seeing are unavailable to vendors, if the vendor checks as follows: credit records before making unsolicited credit offers. If you are 65 or older, there is • Auction and Retail Schemes

85 • Business Opportunity/”Work-at-Home” you an e-mail in which he or she refuses to Schemes disclose his or her full identity, or uses an e-mail header that has no useful identifying • Identity Theft and Fraud data (e.g., “[email protected]”), that may be an indication that the person doesn’t • Investment Schemes (e.g., Market Manip- want to leave any information that could ulation Schemes) allow you to contact him or her later if you have a dispute over undelivered goods for • Credit-Card Schemes which you paid. As a result, you should be extremely cautious about relying on advice Judging by the sheer number of solicitations that such people give you if they are trying and “can’t miss” propositions that you can to persuade you to entrust your money to see every day in your e-mail inbox, internet them. scams may seem inescapable. While you can’t wholly avoid seeing online solicitations that • Watch out for “advance-fee” demands. may be fraudulent, here are some tips on how In general, you should look carefully at to deal with them. any online seller of goods or services who wants you to send checks or money orders • Don’t judge by initial appearances. It immediately to a post office box, before may seem obvious, but consumers need you receive the goods or services you’ve to remember that just because something been promised. Research online companies appears on the internet – no matter how that aren’t known to you before entrust- impressive or professional the website looks ing a significant amount of money to such – doesn’t mean it’s true. Modern software companies. allows anyone, at minimal cost, to set up a professional-looking website that looks If you think that you’ve been the victim of a just as impressive as those of legitimate fraud scheme that involved the internet, you e-commerce merchants. can file a complaint online with theInternet Crime Complaint Center (www.ic3.gov), • Be careful about giving out valuable person- a joint project of the FBI and the National al data online. If you see e-mail messages White Collar Crime Center. In addition, you from someone you don’t know that ask can file complaints about specific types of you for personal data – such as your Social fraud complaints with the following agencies: Security number, credit-card number, or password – don’t just send the data without • Commodities Fraud: knowing more about who’s asking. Crimi- Commodity Futures nals have been known to send messages in Trading Commission (CFTC) which they pretend to be (for example) a (www.cftc.gov) systems administrator or internet service provider representative in order to persuade • Consumer Fraud: people online that they should disclose Federal Trade Commission valuable personal data. While secure trans- (www.consumer.ftc.gov) actions with known e-commerce sites are fairly safe, especially if you use a credit • Securities Fraud: card, non-secure messages to unknown SEC Enforcement Division recipients are not. Complaint Center (www.sec.gov/complaint.shtml) or the • Be especially careful about online com- Florida Securities Commission: munications with someone who conceals his or her true identity. If someone sends

86 »» Florida Department of the Equal Employment Opportunity Com- Financial Services mission. If you think an employer has violated 200 East Gaines Street state law, file with the Florida Commission on Tallahassee, Florida 32399 Human Relations. You can file a claim with 1-877-693-5236 both agencies if you think an employer has violated both federal and state law. The claim Employment Discrimination should describe the alleged violation and must In an effort to promote employment of older name the person who committed it. persons and to prohibit arbitrary age discrimination, Congress passed the Age Dis- To file a federal discrimination claim, contact crimination in Employment Act of 1967. The the Equal Employment Opportunity Com- Act is designed to protect persons who are mission at your nearest office: 40 years of age and older. The Act prohibits employers from discriminating against you Miami Office: based solely on age, as long as the employer Miami Tower has more than 20 employees during at least 100 S.E. 2nd Street 20 weeks per year. This law protects persons Suite 1500 who are employed, persons who have been Miami, Florida 33131 forced to retire involuntarily, and persons who Phone: 1-800-669-4000 are applying for employment. It also prohibits Website: www.eeoc.gov/field/miami employment agencies from refusing to refer prospective employees on the basis of age. Tampa Office: However, an employer may still discriminate 501 East Polk Street based on age if age is a reasonably necessary Suite 1000 qualification for a particular job. Tampa, Florida 33602 Phone: 1-800-669-4000 In addition to protection from federal laws, Website: www.eeoc.gov/field/tampa Floridians also have protection from state laws. The Florida Statute differs slightly from To file a state claim, contact the Florida Com- the federal act. For instance, it applies to em- mission on Human Relations at this address: ployers with 15 or more employees during at least 20 weeks per year. 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 If you feel you have been discriminated against Phone: (850) 488-7082 on the basis of age, you can and should file a Toll-Free: 1-800-342-8170 claim with the relevant agency. If you think Website: http://fchr.state.fl.us an employer has violated federal law, file with E-Mail: [email protected]

87 GENERAL INFORMATION Age Discrimination

Under Florida’s age discrimination law, you under the Fair Housing Act, it cannot exclude must file a claim with the Florida Commission families with children. on Human Relations within one year of the occurrence of the discriminatory practice. The Act exempts from its application: Under the federal age discrimination law, you must file what is known as a “charge” with • State and federal housing programs for the Equal Employment Opportunity Com- the elderly, mission within 180 days of the occurrence of the discriminatory practice. After your charges • “62 or over housing,” and are filed with the respective commissions, the agency will try to resolve the dispute. You also • “55 or over housing.” may be entitled to institute legal proceedings in federal or state court. Among the remedies The “55 or over housing” exemption is the which courts may grant are (1) judgments most often used exemption for property compelling employment, reinstatement, or owners’ associations. To qualify, 80 percent promotion, and (2) back pay. If you are con- or more of the units must have at least one templating legal action against an employer occupant who is 55 years or older, and the for age discrimination, you should seek legal manager of the community must comply advice from an attorney. with federal rules regarding verification of occupancy. Housing Discrimination The federal Fair Housing Act prohibits dis- Nothing in the Fair Housing Act requires that crimination in housing. It is against the law a dwelling be made available to an individual to deny housing; to refuse to rent, sell, or whose tenancy would constitute a direct threat negotiate; or to offer different terms because to the health or safety of other individuals of race, color, religion, sex, national origin, or whose tenancy would result in substantial handicap, or familial status. The “familial physical damage to the property of others. The status” classification extends protection from Act also does not limit the applicability of any discrimination to individuals, families with reasonable local, state, or federal restrictions children younger than 18 years old, and preg- regarding the maximum number of occupants nant women. permitted to occupy a dwelling.

The law permits certain condominiums and Under the Act, it is illegal for landlords to homeowners’ associations designed for seniors deny tenants permission to make reasonable to exclude families with children if certain modifications to housing, at their own ex- strict requirements are met. If a community pense, if the changes are necessary for the does not qualify under one of the exemptions tenants to fully enjoy their units. In some

88 cases, the landlord may permit the changes If your case is heard by a HUD ALJ, you may only if the tenant agrees to restore the property receive access to the housing that you were to its original condition before moving out. denied and be awarded compensatory dam- Landlords are also required to accommodate ages as well. In such cases, the discriminating their rules, policies, practices, and services party may also be assessed a civil penalty of to provide people with disabilities an equal up to $50,000, depending on the existence opportunity to use and enjoy their homes. and number of prior discriminatory housing practices. If your case is heard by a Unit- It is illegal to fail to design and construct ed States District Court judge, you may be most multi-family dwellings of four or more awarded punitive damages – civil penalties units (ready for first occupancy after March are not available. 13, 1991) in such a way that the units are not accessible to people with disabilities. If you have any questions about the effect of the Fair Housing Act, please consult an If you believe that you have been discriminat- attorney. ed against in the area of housing, you may file a complaint in person, by mail, or by telephone Ageism with any Housing and Urban Development Not all discrimination against the elderly (HUD) office. HUD or an equivalent state is in the area of employment. Ageism exists or local agency will investigate and attempt in many forms. If you have been the victim to conciliate the complaint. If it is not con- of ageism, or you wish to become active in ciliated, and it appears that discrimination fighting ageism, you may want to contact has occurred, HUD will issue a charge. A AARP or one of the many organizations that HUD Administrative Law Judge (ALJ) will promote healthy aging and work to combat hold a hearing, unless either party chooses to ageism. AARP has many resources on ageism take a case to United States District Court. and age discrimination at aarp.org. In either case, the government, at its own expense, will appoint an attorney to assist you (the complainant).

89 GENERAL INFORMATION Hurricane Preparedness

Introduction does not prevent windows from breaking Hurricanes and natural disasters disrupt our during hurricanes. way of life and peace of mind. But preparation is the best way to reduce the effects of a Further preparations include securing and hurricane. Planning ahead can help decrease storing outdoor objects, turning the refrig- the risk of harm in an emergency and can erator thermostat to its coldest setting, and provide the comfort of knowing that plans keeping its doors closed. Fill your bathtub are in place. The Federal Emergency Manage- and other large containers with water. Make ment Agency (FEMA) recommends creating sure to ensure a supply of water for sanitary a plan before the hurricane season begins to purposes, such as cleaning and flushing toilets, best prepare you and your family. FEMA has separate from and in addition to drinking videos and a comprehensive handbook: “Are water for household members and pets. you Ready?: An In-depth Guide to Citizen Preparedness” (IS-22) available on its website In addition to securing and protecting the (www.fema.gov search for “Are You Ready outside of your home, it is important to take Guide”) and by calling 1-800-480-2520. The precautionary action to protect the valuables handbook contains a wealth of information. inside your home. Make an inventory of your FEMA also has a toll-free disaster assistance home possessions and videotape, record, or line: 1-800-621-FEMA (1-800-621-3362). photograph items of value. Review your insurance policies before hurricane season starts Before a Hurricane to ensure you have adequate coverage. Once While we strongly recommend obtaining the a Hurricane Watch has been issued, insurers FEMA handbook, a few basic precautions are normally will not issue new or additional worth mentioning here. Hurricanes form off coverage. the Atlantic coast, providing a small window of preparation time before hitting U.S. coast- Hurricane Evacuation lines. It is a mistake to wait until a Hurricane When community evacuations become nec- Watch or Hurricane Warning has been issued; essary, local officials provide information to precautions taken at the beginning of hurri- the public through the media. In some cir- cane season will improve your safety. cumstances other warning methods, such as sirens or telephone calls, are also used. The Prior to the storm’s arrival, secure your prop- amount of time you have to leave will depend erty. Permanent storm shutters offer the best on the severity of the hurricane. Designate a protection for windows. A second option is friend or family member who lives outside of installing 5/8” marine plywood over your the likely hurricane area that can house your windows. It is important to remember, tape family for the duration of the evacuation.

90 Another important precautionary step is preparing a disaster supply kit. The National Hurricane Center has suggested the following items be included in your kit:

Water: Cash and Credit Cards: At least 1 gallon daily per Include small bills. Banks and person for 3 to 7 days ATMs may not be available for extended periods. Food: At least enough for 3 to 7 days Telephones: Fully charged • non-perishable packaged cell phone with extra battery or canned food/juice Keys • foods for infants or the elderly Important Documents: • non-electric can opener In a waterproof container or • cooking tools/fuel watertight resealable plastic bag • paper plates/plastic utensils • insurance policies, medical records, bank account numbers, Blankets/Pillows, etc. Social Security card, etc. Clothing: Tools: seasonal/rain gear/sturdy shoes keep a set with you during the storm First Aid Kit/Medicines/ Vehicle Fuel Tanks Filled Prescription Drugs Pet Care Items: Toiletries/Hygiene Items/ Moisture Wipes • proper identification/ immunization records/medication Flashlight/Batteries • ample supply of food and water Radio: • a carrier or cage Battery operated and • muzzle and leash NOAA weather radio

If you don’t have a designated hurricane evac- Pick-Up Sites are identified by a sign that uation location, Red Cross Hurricane Evacu- reads “EMERGENCY EVACUATION BUS ation Centers should be used as a last resort. PICK-UP SITE.” The buses placed into ser- The Red Cross uses local media (radio and vice for the evacuation will have displays that television) to communicate which evacuation read “EMERGENCY EVACUATION” and centers will be open. For a complete list of these buses will only travel between Pick-Up evacuation centers in your area, please contact Sites and the Hurricane Evacuation Centers. your county Emergency Management Office Please note that the active zones will be de- listed in the reference section. termined individually for each storm.

Individuals who are unable to provide their To learn which Emergency Evacuation Bus own transportation to a Hurricane Evacua- Pick-Up Sites are active during a particular tion Center can use public evacuation trans- storm you should listen to the local media, or port. Most counties will activate specific contact the Emergency Management Office in Emergency Evacuation Bus Pick-Up Sites by your county. (See the Reference and Referral zone as directed by the Office of Emergency Information section of this Handbook.) Management and Homeland Security. These

91 Florida Special During the Storm Needs Registry If you are unable to evacuate to a safe loca- Florida has a registry to meet the special needs tion away from the hurricane path, certain of persons who require assistance during evac- precautions are essential to maintaining safety uations and sheltering. Contact your county during a hurricane. First, always remain in- health department for information regard- doors during a hurricane. If there is a lull in ing shelters and pre-registering. Each local storm activity, it is likely the eye of the storm, emergency management agency in the state and wind speeds can pick up suddenly during maintains a registry of persons with special the eye and create dangerous conditions. needs located within the jurisdiction of the local agency. Registered participants will be Identify a safe room in your house. Avoid eligible for special evacuation centers that are rooms near the exterior of the home with equipped with trained health care profession- outdoor windows. If possible, take refuge als and generator power for energy dependent in a small interior room, closet, or hallway medical equipment. Transportation, such as on the lowest level of the house. To further lift-gate buses and other specialized forms, protect yourself from debris during the storm, may also be provided to take registered partici- seek refuge under a sturdy table or mattress. pants from their homes to the assigned facility. Monitor the local news or listen to a battery operated radio; emergency management of- To register with the Special Needs Registry, ficials will alert the public when it is safe to contact your local county Emergency Man- go outside. agement Office. Contact information for your local county is available by contacting the Post-Hurricane Tips Florida Division of Emergency Management Recovery from a hurricane is a gradual pro- at (850) 413-9969 or TDD at 800-226-4329 cess. Safety is a primary issue. When ven- or on the internet at www.floridadisaster. turing outside after a hurricane, be aware of org/shelters. (See also the Reference and Re- special health and safety concerns that may ferral Information section of this Handbook). arise. Contact local authorities in the event of downed power lines, washed-out roads, Pet Preparation large debris, or other potentially hazardous If an evacuation order is given, it is not safe conditions. to leave your pets behind. Animals can be lost, injured, or killed during a hurricane, Access to information and programs that even if left inside your home. Create a list of provide aid in the recovery process will help “pet friendly places” such as hotels, motels, ease your recuperation. FEMA provides as- or shelters outside the evacuation area. Please sistance to individuals, families, and busi- contact your county’s Emergency Manage- nesses whose property has been damaged or ment Office to locate pet-friendly shelters in destroyed and whose losses are not covered by your area. insurance. Please contact FEMA for further assistance information at 1-800-621-3362 or Pet Information Websites: TTY 1-800-462-7585. • www.floridapets.net Note: After a hurricane you may also qualify • www.petswelcome.com for SNAP. Please refer to the Financial As- sistance Chapter on Supplemental Nutrition • www.pets-allowed-hotels.com Assistance (SNAP, formerly known as Food Stamps) for more information.

92 GENERAL INFORMATION Obtaining a New Florida Driver’s License or Florida ID Card

Introduction proof of Social Security must be the same as The Florida Department of Highway Safety the one desired on your license or ID card. and Motor Vehicles (DHSMV) issues driver’s The types of identification that qualify as licenses and non-driver identification cards. A primary identification, proof of residential license or ID card can be used to prove your address, and proof of Social Security number identity, age, and residence in a variety of for U.S. citizens are described below. More situations including voting. A driver’s license information on the types of identification is valid for eight years, and an identification needed for U.S. citizens and a list of the types card is valid for four years; both cards expire of identification needed for non-U.S. citizens on your birthday either eight or four years after is also available at www.gathergoget.com. issue, depending on the type of card. If you are 80 years of age or older, you must pass a For U.S. Citizens vision test to renew your license. Primary Identification: Applying For or Renewing An original or certified copy of one of the a Driver’s License or following: a Florida ID Card First-time applicants must apply for a Florida • United States birth certificate Driver’s License or Florida ID card in person. Renewing a Florida Driver’s License or Florida • Valid U.S. passport or passport card ID card may be done online or in person. • Consular Report of Birth Abroad To apply for or renew a license or ID card in person, locate the DHSMV nearest you. • Certificate of Naturalization (Form N-550 You may make an appointment online be- or N-570) fore you go to the DHSMV. The website for making an appointment is available here: • Certificate of Citizenship (Form N-560 www.flhsmv.gov and search for “make or N-561) appointment.” Proof of Social Security: At the appointment, you will be asked to An original of the following that shows your present one piece of primary identification, complete name and Social Security number: proof of residential address, and proof of your Social Security number. The name on the • Social Security card;

93 • W-2 form; • Current automobile insurance policy or bill;

• Paycheck/pay stub; • Educational institution transcript forms for the current school year; • SSA-1099; • Unexpired professional license issued by a • Any 1099 form. government agency in the U.S.;

If you don’t have a Social Security number, • W-2 form or 1099 form; you must bring a letter from the Social Secu- rity Administration indicating that you were • Form DS2019, Certificate of Eligibility for never issued one and present an additional Exchange Visitor (J-1) status; form of identification on the list available at www.gathergoget.com. • A letter from a homeless shelter, transitional service provider, or a half-way house verify- Proof of Residential Address: ing that they receive mail for the customer. Two different documents from the following The letter must be accompanied by the list showing your residential address (copies Certification of Address form; are acceptable): • Utility bills, not more than two months old; • Deed, mortgage, monthly mortgage statement, mortgage payment booklet, or resi- • Mail from financial institutions; including dential rental/lease agreement; checking, savings, or investment account statements, not more than two months old; • Florida voter registration card; • Mail from federal, state, county or city • Florida vehicle registration or title; government agencies (including city and county agencies); • Florida boat registration or title; • Transients (Sexual Offender/Predator/Ca- • Two proofs of residential address from ap- reer Offender): FDLE registration form plicant’s parent, step-parent, legal guardian, completed by local sheriff’s department. or other person with whom the applicant resides, along with a statement from a parent, If applying for a driver’s license for the first step-parent, legal guardian, or other person time and you do not have a license issued with whom the applicant resides, combined by another state or country, you must pass with two proofs of their residential address; a driver’s test.

• A utility hook up or work order dated with- To renew a license or ID card online, go to in 60 days of the application; https://services.flhsmv.gov/virtualoffice and follow the instructions for renewing your ID • Automobile payment booklet; card. You may only renew online every other time your license expires. If you have changed • Selective Service card; your name since your last renewal, you must renew your license or ID card in person. • Medical or health card with address listed;

• Current homeowners’ insurance policy or bill;

94 REAL ID Act 1, 1964, your old ID card is no longer valid – The federal REAL ID Act of 2005 set new you need to get a new one with a star on it. If standards for issuing driver’s licenses and ID you were born before December 1, 1964, you cards. Florida has begun issuing the new ID have until December 1, 2017, to get a new one. cards. The new ones have a star in the upper More information about the REAL ID Act right corner. If you were born after December and Florida licenses and ID cards is available here: http://www.flhsmv.gov/realid.

95 PLANNING FOR THE FUTURE Wills, Trusts, Gifts, and Estate Planning

Some Basic Facts acknowledge that the maker knows that About Wills he or she is signing his or her will, and the Distribution of a person’s property at death witnesses must sign the will in the presence is regulated by law. If a person dies intestate of each other and of the maker. (without a will), his or her property passes as designated by the laws of intestacy without It is also strongly advisable to have your will regard to the deceased’s wishes. If a person notarized in Florida. This makes theprobate dies testate (with a will) he or she may des- process simpler. ignate distribution as long as the contents and execution of the will are in accordance If you move out of Florida, your will may still with the law. Therefore, even if you have little be valid, but you should check the require- property, a will is an effective tool so that your ments of your new state. property at death (called your estate) passes in accordance with your wishes. Probate matters can be very complicated, and it is always best to consult an attorney when To be valid, a will must meet certain require- drafting a will. ments. These requirements vary from state to state. The requirements in Florida are as How Long Does a Will follows: Remain Valid? A validly executed will remains valid until • The maker (called the testator for a man or you change or revoke it. If you are of sound testatrix for a woman) must be at least 18 mind, you have the right to revoke or change years or an emancipated minor; your will at any time before your death, but you must follow specific legal procedures in • The maker must be of sound mind at the doing so. In Florida, if you change or revoke time the will is prepared; your will through the use of another will or written instrument, the new will or written • The will must be in writing (either typed instrument must be executed (signed and or hand-written). It cannot be oral; witnessed) with the same formalities required for the original will. • The will must be signed by the testator at the end of the will and in the presence of It is important to regularly reexamine your two witnesses; and will and update it if necessary to account for any changes in the tax laws, the death or • The witnesses do not need to know the change in status of a beneficiary, any changes contents of the document, but they must in your property holdings, or other important matters.

96 You may revoke your entire will by burning, becomes the sole owner of all jointly owned tearing, canceling, defacing, obliterating, or property (such as real estate, bank accounts, otherwise destroying it if, at the time of your motor vehicles, and household goods) when act, you have a present intent to revoke it. the joint tenant dies. In Florida, a husband However, it is best not to revoke your will by and wife may create a type of joint tenancy these methods. Burning, tearing or scratching called a tenancy by the entirety. In a tenancy through a will often leaves your intentions by the entirety, upon the death of a spouse, somewhat unclear. The best way to revoke the surviving spouse becomes the sole owner a will and the only valid way to alter your of all the jointly owned property. You can will is by executing another will or separate change title to jointly owned property by written instrument. removing or changing the co-owner, but not through your will. You should consult an attorney to obtain details about the most effective ways to revoke Joint Ownership as a or alter your will. Will Replacement Even if you leave a will, your family will ex- Restrictions on perience some probate court delay before your Distributing Property property is legally distributed following your Generally, in Florida you may distribute your death. Property owned jointly with rights of property by will as you wish. However, there survivorship remains with the joint owner are certain types of property which cannot and does not pass through probate. Therefore, be freely devised (transferred by will). For many use joint ownership, instead of a will, example, there are certain restrictions on, or to distribute their estate and thus spare their conditions to, the devise of homestead prop- families the delay of probate court proceed- erty, jointly held property, property in trust, ings. Depending on your circumstances, joint and life insurance. ownership may or may not be advisable.

Homestead laws are designed to preserve the If you are considering joint ownership as a home for a family to live in. Homestead prop- way to bypass probate, be aware that it gives erty is the family place of residence owned another person equal control during your by any natural person. Homestead property lifetime over the joint property. For example, may not be devised by the owner if he or she a joint owner of a bank account can withdraw is survived by his or her spouse or any minor all of the money from the account while you children. If you have a spouse and minor are living, without permission, even if you children, then upon your death, your spouse only intended that person to have the money will have the right to reside in your home for in the account after your death. If you wish his or her life, and then your children will own to sell jointly owned property, you need the it. If your surviving spouse does not wish to permission of all named joint owners before live in the home and have the ownership be the property may be sold. Further, they are with your children, your spouse has the right legally entitled to equal shares of the sale to elect, within six months of your death, proceeds. to take a one-half ownership interest in the homestead as tenants-in-common with the Remember, using joint ownership as a means remaining one-half interest going to your of helping your family avoid probate proceed- children. If you are not married and have no ings after your death may cause considerable minor children, then you may freely devise problems during your lifetime. If used wisely your homestead. Property that is owned joint- in conjunction with a will, however, joint ly – with the right of survivorship – also can- ownership can be a useful legal device in not be devised by will. The law provides that helping distribute your estate after you die. It the last surviving joint owner automatically

97 is wise to consult an attorney before making questions about the construction, admission these decisions. to probate, or validity of the will or any other activity calling into doubt the complete extent What Are the Property Rights of the estate subject to elective share. of a Surviving Spouse? The surviving spouse of a deceased Florida Basically, the elective share is a remedy for a resident is entitled to certain property rights surviving spouse dissatisfied with the share whether the spouse is named by the will or not. left to him or her under the will. By electing In addition to the right to homestead property to take the elective share, the surviving spouse for his or her life, a surviving spouse has the gives up the right to what was devised un- right to (1) the following a family allowance der the will or to what he or she would have during probate not to exceed $18,000; (2) received by law if there was no will (i.e., the up to $20,000 in net value of the deceased intestate share). spouse’s home furnishings and appliances not secured by creditors; (3) all automobiles held Can a Spouse Contract in the decedent’s name and regularly used by to Relinquish Survivor’s the decedent or members of the immediate Property Rights? family as personal automobiles (unless the Marriages between senior citizens who have automobiles were left under the will to an- children from previous marriages are very other person); and (4) to an elective share of common. Consequently, the marrying cou- the deceased spouse’s estate. The right to an ple may be interested in entering into mar- elective share exists in addition to the right ital agreements (prenuptial agreements or to homestead property and to the right to the postnuptial agreements). It is important to decedent’s personal belongings and furnish- understand that the law provides surviving ings. The right to an elective share in Florida is spouse remedies, such as the elective share, granted to either spouse, but is limited to the that may disrupt decisions made by a will. spouses of persons who are Florida residents Marital agreements assure that property will and requires that such right has not otherwise pass to one’s heirs as desired. Florida law rec- been validly waived in a written document, ognizes the validity of marital agreements i.e., a prenuptial agreement. only if certain requirements are met.

The elective share consists of 30 percent of the A contract waiving all or any of a spouse’s fair market value on the date of death of all marital rights must be in writing and signed assets owned by the decedent, including joint- before two witnesses if both parties signing ly owned property and property in trust, but are Florida residents. The contract can be it is computed after deducting from the total entered into before or after the marriage. If value (1) all valid claims against the estate; and the contract is made after marriage, the spouse (2) all mortgage, liens, or security interests on relinquishing these rights must be given fair the assets. Any real property located outside disclosure in advance of the property owned of Florida is excluded from the elective share by the other spouse. If the contract is entered calculation. If the surviving spouse elects to into before marriage, however, a spouse is not take the elective share, he or she must decide required to disclose all of his or her property to do so within six months of receiving notice assets to the spouse relinquishing his or her that there is a will, or within two years after marital rights. Where the agreement provides date of death, if such notice is not received for a property settlement in the event of death concerning the contents of the will. or divorce, unless the property settlement provides to the contrary, a waiver of “all rights” An exception to the time limit exists where means a waiver of all rights to elective share, there are proceedings involving questions homestead property, exempt property, in- about the will. Such proceedings may involve testate share, preference in appointment as

98 personal representative of an intestate estate, »» if none, to decedent’s brothers and sis- and family allowance, and also a renunciation ters and descendants of deceased broth- of all benefits that would pass to the waiving ers and sisters. party by intestate succession or by a will executed before the property settlement. In Florida, any property distributed among lineal descendants (children, grandchildren, What Happens When You etc.) is distributed per stirpes or by represen- Die Without a Will? tation. Per stirpes means that the children of If you should die without a will, all of your a deceased beneficiary receive equal shares. property will be distributed among your sur- If a child of a deceased has died before his viving relatives, as set forth in the law. Accord- or her parent, the children of that child will ing to Florida law, the property of a person receive the share to which their parent would who dies without a will passes as follows: have been entitled. For example, Jane Smith has three children: Ann, George, and Paul. IF DECEASED IS SURVIVED BY: Her spouse is dead. George dies before his • Spouse and no lineal descendants, Spouse mother leaving two children of his own, John receives entire estate. and Mary. Upon Jane Smith’s death, any property to be distributed among her lineal • Spouse and Lineal Descendants (who are descendants will go as follows: one-third will also descendants of spouse), Spouse receives be distributed to her daughter Ann, one-third entire estate. will be distributed to her son Paul, and the one-third that would have gone to her son • Spouse and Lineal Descendants (who are George will be distributed to his children, not descendants of spouse: John and Mary (one-sixth to each).

»» one-half of the intestate estate to spouse, An adopted child is considered a lineal descendant of the adopting parent and natural »» and remainder to the descendants. kin of all members of the adopting parent’s family. In most circumstances, an adopted • Spouse and Lineal Descendants who are child is not considered a lineal descendant of also descendants of spouse and spouse has his or her natural parents nor an heir of any lineal descendants who are not descendants member of his or her natural parent’s family. of deceased: An exception is made when a child is adopted by a natural parent’s spouse. This adoption »» one-half of the intestate estate to spouse, has no effect on the relationship between the child and the natural parent or the natural »» and remainder to the descendants of parent’s family. deceased only. A person born out of wedlock is a lineal de- • Lineal Descendants but No Spouse, Estate scendant of his or her mother and natural kin is distributed among descendants as follows: of all members of his mother’s family. This child is also a lineal descendant of the father »» To decedent’s lineal descendants in and natural kin of all members of the father’s equal shares; family if the natural parents marry after the birth of the child. A child born out of wedlock »» if none, to decedent’s father and mother also may inherit from his or her father if the equally, or to the survivor of them; paternity of the father is established by adjudication in court before or after the father’s death or if the father acknowledges paternity of the child in writing.

99 If you are concerned about the distribution time. If the petition is timely filed, the time of your estate, you should seek legal advice. for making the election shall be extended If you cannot afford legal assistance, contact for at least 30 days after the rendition of your nearest legal services, legal aid, or bar the order allowing the election. association low fee or pro bono referral panel (see the Reference and Referral Information • Once made, the election is irrevocable. section of this Handbook). • The election shall be made by filing a notice Descent of Homestead of election containing the legal description Florida law also covers what happens to home- of the homestead property for recording stead property when a spouse dies intestate. In in the official record books of the county short, if not lawfully devised, the homestead or counties where the homestead property property shall descend in the same manner is located. as other intestate property; but if the decedent is survived by a spouse and one or more Wills and Life Insurance descendants, the surviving spouse shall take If you have life insurance policies that are a life estate in the homestead, with a vested payable to your estate after your death, the remainder to the descendants in being at the proceeds will be distributed as part of your time of the decedent’s death. probate estate according to your will. On the other hand, if you have named beneficiaries in In lieu of a life estate, the surviving spouse may the policies, the proceeds will be directly paid elect to take an undivided one-half interest in to the beneficiary specified in the policies and the homestead as a tenant in common, with effectively bypass any creditor’s claims against the remaining undivided one-half interest the estate. Therefore, if you wish to change vesting in the decedent’s descendants in being the beneficiaries of your policies, you must at the time of the decedent’s death. do so with the insurance company. Your will has no effect on the proceeds, unless they are The right of election may be exercised in the payable to your estate. following manner: Inheritance and Estate Taxes • By the surviving spouse; or An inheritance tax is a tax imposed upon the privilege of receiving property. An estate tax • With the approval of a court, by an attorney is a tax imposed on the transfer of property in fact or guardian of the property of the at death. Currently, Florida does not have surviving spouse. either an inheritance or estate tax. However, a federal estate tax is imposed on all taxable Before approving the election, the court shall estates presently in excess of $5.45 million determine that the election is in the best inter- dollars (i.e., there is a credit against the estate ests of the surviving spouse during the spouse’s tax for estates up to $5.45 million, which probable lifetime. The election must be made amount is adjusted annually for inflation). The within six months after the decedent’s death gross estate consists of all property owned at and during the surviving spouse’s lifetime. death plus any lifetime transfers in which an The time for making the election may not be interest was retained by the deceased for his extended except in the following cases: or her life, including jointly-held property interests, life insurance (if the proceeds go to the • Through a petition by an attorney or by a estate), annuities, and many other assets and guardian of the property of the surviving property rights. There is an unlimited marital spouse for approval to make the election, deduction for the value of all assets passing filed within six months after the decedent’s to a citizen spouse. Therefore, any amount of death and during the surviving spouse’s life-

100 assets can be transferred to a citizen spouse lawyer should be contacted to handle the without having to pay the federal estate tax. probate legal proceedings.

There is also a federal gift tax on any gifts During probate, the property in the estate made during life in excess of, presently, $5.45 is inventoried and valued, and taxes or oth- million dollars (adjusted annually for infla- er debts (including attorneys’ fees, personal tion). The federal gift tax is imposed on the representatives’ fees, and estate administration person making the gift (the “donor”). The gift costs and final expenses) are paid from the tax rates are the same as the estate tax rates: proceeds of the estate. Once this is completed, currently the maximum rate is approximately the remaining property is distributed among 40 percent. The receipt of a gift or a distribu- the beneficiaries, as set forth in the will, if tion from an estate is not taxed as income for any, or according to the intestacy laws if the federal income tax purposes and the recipient decedent did not have a will. The length of does not have to pay gift or estate taxes on time that it will take to probate the decedent’s receipt of the gift or distribution. assets depends on the size and complexity of the estate. In those cases in which the size If the value of the property you own exceeds of the estate is relatively small, the probate (or comes close to exceeding) the amounts proceedings are simplified and quicker, but listed above, you should consult an attorney in no event will they be less than six months who specializes in estate planning. The attor- (the time period for claimants to file a claim). ney’s advice may help to reduce not only your Sometimes there is no need to appoint a per- estate taxes, but your income taxes as well. sonal representative and the time involved is minimal. A lawyer can advise you on which Property Distribution procedure would be best for you. When Someone Dies Any assets that are not automatically trans- Real Estate Transfers ferred to others (such as jointly held proper- There are two major ways to transfer title to ty, trusts, homestead property, etc.), must go real estate while you are alive so that you will through probate. Probate is the court process still retain some rights over the property but through which approval is given to distribute the property will not have to go through the property owned by someone who dies (the “de- probate process. These are titling property in ceased” or the “decedent”) to his or her heirs. a joint tenancy or in a life estate. In a joint tenancy, you transfer title to someone else If the deceased left a will, it usually names an but also retain title in your name. In a life executor, which Florida law calls a “personal estate, you transfer full title to someone else representative.” The personal representative but you retain the right to use or possess the is responsible for administering the estate property (i.e., live in it, rent it, etc.) for your and should be notified immediately of the life. Property transfers by either method will testator’s death. If the deceased did not name not be subject to probate and will not be an executor or personal representative by will, considered part of your estate for the purpos- the court will appoint one. It is the personal es of satisfying any creditor’s claims against representative’s duty to settle and distribute your estate. Also, both joint tenancies with the decedent’s assets as Florida law dictates. rights of survivorship and life estates receive Before any distribution is made, however, the homestead tax exemption. Some of the the will, if any, must be deposited with the relative advantages and disadvantages to each Probate Court. Any person having possession method are below. of the original will must deposit it with the court within 10 days after learning of the Joint Tenancies decedent’s death. If a will has been left, the If you wish to create a joint tenancy so that Probate Court will determine its validity. A another person who is not your spouse will

101 obtain full title to real property upon your the property, the new title owner takes the death, the deed must specify that the prop- property subject to your life estate. erty is owned with rights of survivorship. Property owned jointly by spouses is owned DISADVANTAGES by the entirety, and thus it is presumed to • You lose full and sole control of your include the right of survivorship unless the property or home. Without very specific deed provides otherwise. language in the deed (often known as a “Lady Bird Deed”) a life tenant cannot ADVANTAGES sell the property (at least not without the • Upon your death, title passes automatically cooperation of those people who will take and immediately to the surviving owner the property upon your death). This can and does not pass through probate. be a burden as taxes/assessments increase or when a life tenant may want to sell the • If the joint owner dies before you, you be- property in order to move to a more appro- come the sole owner again since you are priate housing arrangement. the surviving joint owner. • If the title owner dies before you, title passes • If the joint owner is living at the time of to the heirs or beneficiaries named in the your death, he or she will be certain to get will of the remainder beneficiary, and the the property. In contrast, if a home is left change of titleholder could cause additional by will to a non-relative, there is always the difficulties in the enjoyment of your life danger that it may have to be sold in order estate. to cover debts or expenses of the estate. It should be noted that any mortgage or lien • If the title owner should become incapac- on the property remains. itated, you could encounter difficulties in dealing with a guardian. DISADVANTAGES • You lose sole control of your property. If Basic Facts About Trusts you should wish to sell the property or A trust enables individuals to transfer their give it to someone else, you need the joint property to others via a legal document. How- owner’s permission. ever, a trust is very different from a will. Wills are only in effect after the death of the testator, • If the joint owner should become incompe- but a trust may be in effect prior to one’sdeath. tent, difficulties may arise because you may need to establish a guardianship to obtain A trust is established by a settlor (sometimes their permission to transfer or mortgage also called the “grantor” or “trustor”), the the property. person who transfers property to the trust via the written document. These assets become • A co-owner can demand a partition or sale the corpus (the “body” or “principal”) of the of the property, and half of the property trust. Ownership of the corpus is then given would be subject to claims of creditors of to a trustee for beneficiaries selected by the the co-owner. settlor in the trust agreement. Although title to the corpus rests with the trustee, the trustee’s Life Estate Method ownership is merely a fiduciary function. The ADVANTAGES: settlor may select a trusted friend or relative or • When you hold a life estate in property, you a financial institution to serve as trustee of the have basically the same advantages as in a trust. Financial institutions charge an annual joint tenancy, but the remainder owners can fee to administer the trust, while individuals never force you out of the home while you’re generally do not. living. Even if the title owner decides to sell

102 The settlor can direct the trustee to distribute There are some tax consequences you should the trust income and corpus in a variety of be aware of before you dispose of your prop- ways. The structure of the trust can be tailored erty by gift. In 2016, you can give away up to meet your specific needs and circumstances. to $5,450,000 in your lifetime, plus another The amount of control you retain over the $14,000 per year per person to anyone you trust property will vary depending upon what want, without negative tax consequences. type of trust you choose and how you design These amounts are adjusted annually for in- the trust. There are different tax consequences flation. Accordingly, by planning your giving, depending on which form of trust you select. with the help of a qualified professional, you The creator of a trust may limit the investment can reduce the estate tax liability of your heirs vehicles in which the assets of the trust may and beneficiaries. be invested. It is important to make provisions for the There are basically two types of trusts: an inter distribution of your property. Failure to make vivos or living trust, and a testamentary trust. plans will result in a distribution dictated by A living trust is operational while the settlor Florida law and will almost certainly result in is alive and may be designed to continue after a distribution you would not have preferred. his or her death. The settlor may designate himself or herself as one of the beneficiaries A Word of Warning of the trust. The testamentary trust is usually Although distributing your estate now may established because of a provision in a person’s make sense from a tax standpoint, retaining will requiring a trust to be created. Often, control of your property ensures that you a trust which operates in conjunction with will not be taken advantage of or neglected, a will is the most effective vehicle for asset especially if you have a sizable estate. Control distribution. of your property often allows you to keep control over decisions which affect your life. In Florida, a trust must be written and signed If you transfer full title of your property to by the creator in the presence of two attest- someone else without any additional provi- ing witnesses in order to be valid. For more sions, you give up all rights to the property. information about trusts, consult an attorney Remember, you could even be forced to move who specializes in estate planning. out of your home by the very person to whom you transferred title to, and you would have a Basic Facts About Gifts difficult time setting aside the transfer. If you estimate that your net estate will exceed the credit for estate taxes (thus making One Final Word of Caution it a taxable estate), one way to lower or avoid This section is only intended as a very brief estate taxes and to avoid probate is to dispose and broad overview. If you are considering of some of your property by gift during your changing title to your property, you should lifetime. Before making a gift, be certain you seek legal advice. Depending on the actual have sufficient assets and income to meet circumstances of your case, there may be your own needs, taking careful account of additional advantages and disadvantages that the expenses associated with aging (i.e., large must be considered. You will have to weigh medical expenses). To make a transfer that your alternatives and decide accordingly. Re- will be legally recognized as a gift you must member, your rights to your property may (1) clearly show your intent to make a gift; be permanently altered by any transfer you (2) ensure that the gift is a “complete gift” make. Therefore, you should not act in haste. and not merely a loan; and (3) give the other If you have an attorney, contact him or her. person possession of the property. For the legal services office nearest you, see the Reference and Referral Information section toward the end of the Handbook.

103 PLANNING FOR THE FUTURE Organizing Your Personal Records

Getting your records in order will save time Personal Records: and energy in your daily affairs. Basic per- • Full legal name sonal information is necessary for almost any legal transaction and application for benefits. • Social Security number Financial records can be useful for budgeting your income, making investments, or retire- • Legal residence ment and estate planning. • Date and place of birth You could be at a high risk of failing to meet your legal responsibilities if your personal • Names and addresses of spouse and chil- documents are not adequately maintained. dren (or location of death certificates if any Organizing your records can also alleviate are deceased) your loved ones from bureaucratic burdens. During an emergency situation, a friend or • Names of parents relative will spend less time digging for papers if he or she knows the location of the necessary • Location of will or trust documents. • Location of birth certificate and certificates A simple way to organize your records is to of marriage, divorce, and citizenship write down an inventory of important papers. Include a description of the document and its • Names and addresses of other relatives, location, whether in a safe deposit box at the close friends, doctors, and lawyers or fi- bank or a file box in your closet. Location is nancial advisors particularly important when referring to your will (remember you do not have to reveal the • List of employers and dates of employment contents of wills or trusts), birth certificates, and certificates of marriage and citizenship. • Education and military record

The following is a list of basic items that your • Religious affiliation, name of religious place personal and financial records file should con- of worship, and name of clergy (if desired) tain. • Living will, anatomical gifts (i.e., organ donation)

• Preferences or prearrangement for burial

104 Financial Records: • Location of safe deposit boxes • Social Security and Medicare information • Copy of most recent income tax return • Investment income (stocks, bonds, property) • Power of attorney

• Sources of income and assets (pension • Liabilities (what is owed to whom and when funds, interest income, etc.) payments are due)

• Insurance information (life, health, and • Mortgages and debts (how and when paid) property), with policy numbers • Property taxes • Bank accounts (checking, savings, and credit union) • Location of personal items such as jewelry or family treasures • Credit cards

105 PLANNING FOR THE FUTURE Power of Attorney and Guardianship

Power of Attorney be filed and recorded in the official records If you are confined to ahospital, have phys- of the county. NOTE: To be recordable, the ical problems that make it difficult for you document granting the power of attorney to get around, have a temporary illness that must be executed with the same formalities as keeps you at home, or cannot easily find or required of a recorded instrument itself, with afford convenient means of transportation, two witnesses and a notary public. you may find it hard to take care of your personal business. The person giving thepower of attorney, (called the principal), can give another person, One way of handling this situation is to create called the agent or attorney-in-fact, author- a power of attorney. A power of attorney exists ity to transact almost any personal business when one person, the principal, gives someone that may require the principal’s presence or else, the attorney in fact or agent, written signature. For example, a person who is phys- authority to do some specified act(s) in the ically unable to go to the bank may want to principal’s name. Florida’s power of attorney give someone else the power to deposit and laws have been significantly changed, effective withdraw money from his or her account October 1, 2011. If you executed a power of (without making that person a joint owner attorney document before that date, different with survivorship rights—see the section of rules apply than if you executed the power of this Handbook on Wills and Estates). Make attorney document today. Consult the help of the document as specific as possible in describ- an attorney, as these laws are quite technical ing what authority is being given. Include a and have evolved over the years. statement as to how long the authority lasts; there is danger in not doing so, because if the The attorney in fact must be 18 years of age document is too broad or general, it may not or older and need not be an attorney-at-law. be honored and in addition may lead to an The document should state who the principal abuse of that power, or to misunderstandings is, who the attorney in fact is, and it should between the principal and the attorney in fact. describe with particularity what powers are being given to the attorney in fact. Power of Normally the agent is not a lawyer. Rather, attorney forms are available at most statio- it is usually a friend or relative. If you are nery and office supply stores, but these forms considering creating a power of attorney, re- should be used with great caution. In Flori- member that it can be used to your disadvan- da, a power of attorney used in transactions tage. Therefore, you should be very careful in which involve recorded instruments (such choosing the attorney in fact. as a deed or mortgage of real property or a lease for a term longer than one year), must If you already have a recorded power of attorney and wish to terminate it, you should

106 file a written termination with the Clerk of the power is terminated if the donor becomes the County Court. If the power was not re- incapacitated, regardless of whether or not corded, be sure to notify in writing anyone there has been a formal finding of incom- with whom your attorney-in-fact has done petency by a court. With a durable power of business in your name. A power of attorney attorney, the power remains valid through the is terminated by a written revocation, death, principal’s disability or incapacity. The power or an adjudication of incompetence of either is revoked only when the donor revokes it, is the principal or attorney in fact. adjudicated incompetent, or dies. However, there are certain exceptions specified in Flor- Durable Power of Attorney ida law when a Durable Power of Attorney Durable power of attorney makes it possible may not be used for an incapacitated principal. to plan ahead for the eventuality of serious Most Powers of Attorney granted today are incapacity. It is the same as a power of attorney durable. Since Durable Powers of Attorney set forth above, but a durable power of attor- have specific requirements, it is advisable to ney can be used by the attorney even when contact an attorney. the principal is incapacitated, as long as there has not been a court order of incapacity. The Guardianship document must be signed before two witnesses Many people think that guardianship only and a notary public. It also must include the applies to young children without parents. words, “This durablepower of attorney is While it is certainly true that many guardian- not affected by subsequent incapacity of the ships deal with children, guardianships can principal except as provided in chapter 709, also involve adults. When a person becomes Florida Statutes,” or similar words that show incapacitated or incapable of caring for him- the principal’s intent. self or of managing his personal affairs, that person can be the subject of a guardianship Property subject to the durable power of attor- action. ney can include all real and personal property owned by the principal, the principal’s interest If a friend or relative is stricken with a seri- in all property held in any type of joint ten- ous illness that renders him or her unable ancy including a tenancy by the entirety, and to care for him or herself, and you desire to all property over which the principal holds a take care of that friend or loved one, you can power of appointment. seek guardianship of that person by filing a petition in a Florida court. A circuit court For example, the family of a person who be- may grant guardianship over any person who, comes mentally incapacitated probably would due to a physical or mental condition, cannot be able to handle his or her affairs and not take care of himself or manage his own would have to seek a determination of incom- affairs. This includes individuals who cannot petency and have a guardian appointed to care for themselves due to sickness, excessive handle the incompetent’s affairs. This would use of alcohol or drugs, and mental illness require court proceedings which may take (see the section of this Handbook entitled time and be costly. (See Guardianship section Institutionalization of the Mentally Ill). The of this Handbook.) With a durable power person for whom a guardian is appointed is of attorney you do not need an adjudication called a ward. of incompetency. The grantor of the power designates ahead of time who will handle In granting a guardianship, the Florida court his affairs. is required to note the exact nature and scope of the person’s incapacities, including the spe- Durable power of attorney is very similar cific rights that the person is incapable of to a regular power of attorney, but there is exercising. a difference. In a regular power of attorney,

107 A guardianship may, if the Court determines person, to the extent the court determines it is warranted, deprive the ward of rights, necessary. A guardian of the person may nei- including the right to vote, marry, personally ther control the ward’s property nor legally apply for government benefits, hold a driver’s obligate the ward. A guardian of the person license, travel, or seek or retain employment. is required by law to file an annual report Other rights that a court may remove from a stating the ward’s condition and progress and, ward which may be delegated to a guardian among other things, to honor the reasonable include the right to contract, sue and defend preferences of the adult ward’s place of resi- lawsuits, apply for government benefits and dence and standard of living. The guardian manage property. A ward, however, retains of the person can exercise only those duties some rights, including the right to be treat- delegated by the court. ed humanely, be free from discrimination because of his or her incapacity, have access A guardianship of property is created when to courts, receive visitors and communicate the court has determined the ward is incapa- with others, and privacy. A judicial order of ble of managing all or part of his property. incapacity and the appointment of a Guard- A guardian of the property is entrusted with ian is a drastic action to take and may be an the duty to protect, preserve, and prudently emotionally painful experience for everyone invest the ward’s property. The court may involved. If you consider becoming a guardian place all or less than all of the ward’s property over an adult, you must make sure that it is under the guardianship. The guardian must absolutely necessary and that you are prepared account for the ward’s property faithfully and for the responsibility. file an annual report with the court explaining how the ward’s property has been invested Limited Status or spent. The guardian of the property must Florida’s guardianship laws intend to permit obtain a court order to use any assets of the incapacitated people to participate as fully as ward, even if it for the ward’s care. The same possible in all decisions affecting them while person or entity may be both guardian of the providing assistance that least interferes with person and property. their legal capacity to act on their own behalf. To ensure the ward has an increased opportu- Any person who is the subject of guardianship nity for self-determination, the guardian of an proceedings has many rights, including the incapacitated person is limited to exercise only right to an attorney. If you cannot afford an those rights that have been removed from the attorney, the court will appoint an attorney ward and delegated to the guardian. to represent you.

Accordingly, Florida law requires that before Voluntary Guardianship a court grants an order declaring someone A voluntary guardianship does not require to be incapacitated and appointing a guard- a finding of incapacity. The petition is filed ian, the court must find that alternatives to by the prospective ward when, as a result of guardianship (such as powers of attorney, age or physical infirmity, one finds that he trusts, supportive or protective services, or or she cannot manage his or her property. volunteer services) were considered and that A person may request the appointment of a no alternative to guardianship will sufficiently guardian of his or her choice to manage his address the problems and needs of the ward. or her property. If requested, the court may direct the guardian to take possession of part A guardianship of the person is created when of the ward’s property. A certificate from a the court determines that the ward is, in whole licensed physician stating that the petitioner or part, incapable of taking care of himself or has been examined and found competent to herself. A guardian of the person is entrusted understand the nature of the guardianship and with the duty of taking care of the ward’s his or her delegation of authority must be filed

108 with the petition for voluntary guardianship. proven otherwise) that the pre-need guardian A voluntary guardianship may be terminated is entitled to serve as guardian. By following by the ward if competent to do so, by filing this procedure, an individual can have peace a notice with the court that the voluntary of mind knowing that if he or she becomes guardianship is terminated. incapacitated, someone they know and trust and someone whom they appointed will take Pre-need Guardian care of them. Florida law allows a competent adult to name a pre-need guardian. To name a guardian, Termination of Guardianship you will need to make a written declaration The courtwill end the guardianship when that names someone to serve as guardian in the ward dies; when the ward and/or guard- the event of the declarant’s incapacity. The ian move to another state and that state’s written declaration must reasonably identify court has appointed a new guardian; when the declarant and pre-need guardian and be in a guardianship of the property, the assets signed by the declarant in the presence of at are exhausted; when competency is restored; least two attesting witnesses present at the or, in the case of a voluntary guardianship, same time. If the declarant files the decla- when the ward, if competent, terminates the ration with the clerk of the court, the clerk guardianship. will produce the declaration if and when a petition for incapacity is filed. This creates a rebuttable presumption (presumed unless

109 PLANNING FOR THE FUTURE Health Care Advance Directives

An advance directive is a witnessed, written You can write your own advance care directive document or oral statement by a person ex- by using the forms that follow. To be certain pressing his or her instructions about health you are complying with Florida law, you may care, through documents including, but not want to seek the advice of an attorney. limited to, the following: An advanced directive may be revoked by a • Designation of the health care surrogate, competent principal at any time by a signed and dated writing; physical cancellation or • A living will, or destruction of the document; an oral expression of intent to revoke; or by a materially • A do-not-resuscitate order. different subsequently executed declaration.

A competent adult has the fundamental right Health Care Surrogate of self-determination regarding decisions per- A written designation of a health care sur- taining to his own health, including the right rogate may, but need not be, in the form to choose or refuse medical treatment. This suggested by Florida Statutes, found on pages right is subject to certain interests of society, 112 and 113. such as the protection of human life and the preservation of ethical standards in the med- A health care surrogate shall, unless the desig- ical profession. If one is unable to provide or nation provides otherwise, have the authority withhold consent to a medical procedure, one to act for the person during his or her inca- can delegate these decisions to another person pacity including, but not limited to, the right (a “surrogate”) to direct the course of his or to the following: her medical treatment, or make a living will. • Consult with health care providers; The execution of an advance directive does not affect the sale, purchase, or issue of the terms • Make health care decisions; of any policy of life insurance, or modify the terms of an existing policy (in spite of pro- • Provide informed consent; visions to the contrary). A person cannot be required to make or waive an advance direc- • Provide written consent when required; tive as a condition for obtaining or receiving health care services or insurance. • Have access to necessary medical and financial records; Should you decide to write an advance directive, be sure to advise your family, friends, and • Authorize admission to/transfer from a physician that such a directive has been made. health care facility; and

110 • Apply for public benefits (i.e., Medicare/ subscribing witnesses, one of whom is neither Medicaid). a spouse nor a blood relative of the principal. A “life prolonging procedure” means any Unless the principal expressly delegates the medical procedure, treatment, or interven- authority in writing or court approval has tion which utilizes mechanical or other arti- been obtained, a health care surrogate or proxy ficial means to sustain, restore, or supplant a may not provide consent for abortion; steril- spontaneous bodily function (including the ization; electroshock therapy; psycho-surgery; provision of nutrition and hydration). The experimental treatments (except as allowed living will instructs the principal’s physician by federal standards); or the withholding or to provide, withhold or withdraw life-pro- withdrawing of life-prolonging procedures longing procedures, or to designate another from a pregnant patient prior to viability. to make the treatment decision for him, in the event that such person should be found A principal may designate a separate surrogate to be incompetent and diagnosed as suffering to consent to mental health treatment in the from a terminal condition. event that the principal is determined by a court to be incompetent to consent to mental By directing that life prolonging procedures health treatment and a guardian advocate is be withdrawn or withheld, the writer of a appointed. However, unless the document living will is not instructing that medical designating the health care surrogate expressly procedures which provide comfort or alleviate states otherwise, the court shall assume that pain be withheld. A suggested form from the health care surrogate authorized to make Florida Statutes can be found on page 107. health care decisions is also the principal’s choice to make decisions regarding mental A living will may contain additional spe- health treatment. cific instructions, including situations when life-prolonging procedures should be withheld It is the duty of the health care surrogate to or withdrawn. The designation of a surrogate make the health care decisions the surrogate for the purpose of a living will does not grant believes the principal would make under the the surrogate the right to make all health care circumstances if he or she were capable of decisions unless the designation specifically making the decision. A surrogate steps in grants the surrogate such power. and makes decisions only after the principal is incapacitated and unable to make health Florida does not authorize mercy killing or care decisions. Once the principal regains euthanasia. The withholding or withdrawal capacity, the surrogate’s decision-making au- of life-prolonging procedures from a patient thority ceases. in accordance with the statute does not, for any purpose, constitute a suicide. The Living Will The artificial prolongation of life for a person If a Patient Has No with a terminal condition may be a precarious Advance Directive or and burdensome existence, while providing Designated Surrogate nothing medically necessary or beneficial. If a patient has not executed a living will and If desired, a person may make an advanced does not have a designated surrogate, health directive, commonly referred to as a living care decisions may be made for the patient by will. A living will is a legal document that a proxy. A proxy must make a decision that the specifies what actions should be taken for proxy reasonably believes the patient would a person’s health if they are no longer able have made under the circumstances. If the to make decisions for themselves because of proxy has no indication of what the patient illness or incapacity. The document must be would have chosen, the proxy should consider signed by the principal in the presence of two Continued on page 115

111 Designation of Health Care Surrogate I, ______, designate as my health care surrogate under s. 765.202, Florida statutes: Name (of health care surrogate): ______Address: ______Phone: ______If my health care surrogate is not willing, able, or reasonably available to perform his or her duties, i designate as my alternate health care surrogate: Name (of alternate health care surrogate): ______Address: ______Phone: ______Instructions for Health Care I authorize my health care surrogate to: (Initial here) receive any of my health information, whether oral or recorded in any form or medium, that: 1. Is created or received by a health care provider, health care facility, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and 2. Relates to my past, present, or future physical or mental health or condition; the provision of health care to me; or the past, present, or future payment for the provision of health care to me. I further authorize my health care surrogate to: (Initial here) make all health care decisions for me, which means he or she has the authority to: 1. Provide informed consent, refusal of consent, or withdrawal of consent to any and all of my health care, including life-prolonging procedures. 2. Apply on my behalf for private, public, government, or veterans’ benefits to defray the cost of health care. 3. Access my health information reasonably necessary for the health care surrogate to make decisions involving my health care and to apply for benefits for me. 4. Decide to make an anatomical gift pursuant to part v of chapter 765, Florida statutes. (Initial here) specific instructions and restrictions:

While I have decision-making capacity, my wishes are controlling and my physicians and health care providers must clearly communicate to me the treatment plan or any change to the treatment plan prior to its implementation. To the extent I am capable of understanding, my health care surrogate shall keep me reasonably informed of all decisions that he or she has made on my behalf and matters concerning me. Thishealth care surrogate designation is not affected by my subsequent incapacity except as provided in chapter 765, Florida statutes.

112 Pursuant to section 765.104, Florida statutes, I understand that I may, at any time while I retain my capacity, revoke or amend this designation by: 1. Signing a written and dated instrument which expresses my intent to amend or revoke this designation; 2. Physically destroying this designation through my own action or by that of another person in my presence and under my direction; 3. Verbally expressing my intention to amend or revoke this designation; or 4. Signing a new designation that is materially different from this designation. My health care surrogate’s authority becomes effective when my primary physician determines that i am unable to make my own health care decisions unless i initial either or both of the following boxes: If I initial this box [ ], my health care surrogate’s authority to receive my health information takes effect immediately. If I initial this box [ ], my health care surrogate’s authority to make health care decisions for me takes effect immediately. Pursuant to section 765.204(3), Florida statutes, any instructions or health care decisions I make, either verbally or in writing, while I possess capacity shall supersede any instructions or health care decisions made by my surrogate that are in material conflict with those made by me. Signatures:

(Signature) (Print Name) (Date) (Address) (City) (State)

First Witness

(Signature) (Print Name) (Date) (Address)

(City) (State)

First Witness

(Signature) (Print Name) (Date) (Address) (City) (State) The declaration remains in effect until revoked by the principal unless the termination date is specified in the document. In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate unless the designation limits the surrogate’s authority to consent to the withholding or withdrawal of life-prolonging procedures. The surrogate may not be a witness.

113 LIVING WILL Declaration made this ____ day of ______, 20___. I,______, willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below, and I do hereby declare that if at any time I am incapacitated and (initial) I have a terminal condition, or (initial) ____I have an end-stage condition or (initial) ___I am in a persistent vegetative state and if my primary physician and another consulting physician have determined that there is no reasonable medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.

It is my intention that this declaration be honored by my family and physician as the final expression of my legal right to refuse medical treatment or surgical treatment and to accept the consequences for such refusal.

In the event that I have been determined to be unable to provide express and informed consent regarding the withholding, withdrawal, or continuation of life-prolonging procedures, I wish to designate as my surrogate to carry out the provisions of this declaration:

Name: ______Address: ______Phone: ______

I understand the full import of this declaration, and I am emotionally and mentally competent to make this declaration.

Additional instructions (optional): ______Signature ______

Witness*: ______Address: ______Phone: ______

Witness: ______Address: ______Phone: ______

* Must be signed in the presence of two witnesses, one of whom is neither the spouse or blood relative of the maker.

114 the patient’s best interests. If the proxy decides • A close friend of the patient; or to withdraw treatment, he or she must prove by clear and convincing evidence that this • A clinical social worker is what the patient would have wanted or, if there is no indication of what the patient Do-Not-Resuscitate Order wanted, that withdrawing treatment is in the In addition to designating a surrogate and patient’s best interest. executing a living will, a person may choose to issue a do-not-resuscitate order. Emergen- Any of the following individuals may serve cy medical service personnel will honor a as a proxy, in the following order of priority: do-not-resuscitate order if the appropriate Department of Health Do-Not-Resuscitate • A judicially appointed guardian or guardian Order form, or “yellow form,” is signed by advocate if such guardian has previously the individual or the individual’s health care been appointed; representative and is presented to the emergency medical services personnel when re- • Spouse; sponding to a call for assistance. Unless it is revoked, it is legally valid and does not need • Adult child, or a majority of the adult chil- to be periodically renewed. Every person is dren who are reasonably available if the presumed to consent to the administration patient has more than one adult child; of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is • Parent; consent to the issuance of a do-not-resuscitate order as provided by Florida law. • Adult sibling, or a majority of the adult siblings who are reasonably available, if the patient has more than one sibling;

• Adult relative who has exhibited special care and maintained contact with the patient and who is familiar with the patient’s activities, health, and religious or moral beliefs;

115 PLANNING FOR THE FUTURE Hospice Home Care

Often terminally ill patients want to spend When symptoms cannot be managed at home, their remaining time at home where they or when family or caregivers require a rest, the can enjoy their families, friends, pets, famil- patient can be admitted to a hospice in-patient iar rooms, music, possessions, and smells. facility. Most in-patient hospices provide a Hospice home care affords the terminally ill homelike decor that is lively and brightly this alternative to traditional hospital care. colored. Usually a patient may bring some Hospice incorporates a compassionate attitude personal belongings to the hospice. Family in caring for the dying so that the patient is members of all ages are allowed to visit and pain free and maintains quality and dignity of may even spend the night. life until death. The program emphasizes care and counseling for both patient and family. Hospice care often costs less than traditional hospital care. Most private insurance compa- Hospices focus on pain management instead nies provide for hospice care, as does Medi- of providing curative treatment to which a care. In addition, the hospice will make pro- patient no longer responds. Pain management vision for the care of indigent persons based alleviates the pain as well as the depression, on a sliding ability-to-pay scale. anxiety, and insomnia associated with pain. Various drugs are administered to avoid the Hospice care centers must report annually recurrence of pain; however, the patient re- to the Department of Elder Affairs and are mains coherent and alert. licensed by the Agency for Health Care Ad- ministration. To be eligible for hospice home care, the primary or treating physician must consent to the program and must certify that the patient has a life expectancy of six months or less. Once admitted to the program, a coordinator assembles a hospice team consisting of a physician, nurse, nurse’s assistants, social worker, volunteers, and a chaplain or counselor. By law, hospice cannot impose any religious beliefs on the patient or family; however, if requested, the program will include bereavement counseling for the family after the patient’s death. The program will also furnish thera- pists, pharmacists, and dieticians if necessary. Someone from the hospice team remains on call 24 hours a day, seven days a week.

116 PLANNING FOR THE FUTURE Planning Your Own Funeral

There are good reasons for making and pay- homes, enabling you to take care of funeral ing for your own burial arrangements. You requirements with only one contract and elim- relieve your next-of-kin of a financial burden inating secondary and hidden costs. Funeral at a time when they are most vulnerable, as home expenses are usually divided into two bereaved family members often feel guilty portions – charges for professional services about economizing on a funeral of a relative. (such as preparation of the body) and the cost Furthermore, you can guarantee your funeral of a casket. Embalming is not required by law. will be carried out in accordance with your Because professional service fees vary, you wishes. should shop around for a funeral home. Ask to see the least expensive casket if you wish, as Although most funeral directors and cemetery it may not be on display. How expensive the representatives operate ethically, some do not. funeral is will be largely determined by the Some funeral directors may try to insist that price of the casket you choose. The price of a you purchase services you do not need to casket ranges from $700-$20,000. In addition increase their profits. Even the wisest person to the casket, the funeral home will charge is vulnerable to exploitation at a time of loss. you for removal of the body, embalming, any It is always wise to consult someone who is private viewing, transportation to and from not grieving when making decisions con- funeral services outside the funeral home, cerning funeral arrangements. Do not allow and transportation to the cemetery and for yourself to be rushed into making decisions. attendants. Funeral directors are required You have the right to take all contracts and by Florida law to give you an itemized cost informational brochures home with you for breakdown of all funeral expenses. Be sure close examination. Never sign anything that to ask for it before you contract for services. you have not examined closely or that you do not fully understand. Cemetery Expenses Many people choose below-ground burial. Funeral Expenses This type of internment is costly because it The ceremony you choose can be based upon includes expenses for opening and closing the religious and practical considerations. For grave, $900, grave vault or liner, $800, marker many, the simplest and least expensive way is for the grave, $500, and endowment care (fu- by cremation with your ashes either returned ture grave-site maintenance fees). (Note: All to your next of kin or scattered. prices are estimates to provide an approximate cost. Prices may vary.) If you choose a traditional burial, you may need to make two contracts – one with the The grave site is priced according to its loca- funeral home and one with the cemetery. tion in the cemetery. The gravestone can be Many cemeteries operate their own funeral purchased at a private monument firm, but

117 make sure that it meets cemetery specifica- MEMBERSHIP IN A BURIAL SOCIETY: tions. The cemeterywill charge a setting fee. There are both for-profit and not-for-profit burial societies that provide simple ceremonies Different Ways of Paying (usually cremation) for a membership fee. The As you can see, traditional below-ground balance of the purchase price can be negotiat- burial is costly (approximately $5,000) and ed either as a pre-paid or post-paid contract, can require complex decision making by your with the bulk of the money to be paid out of family at a time of great emotional stress. your estate after death. Accordingly, you may want to consider cremation to protect your survivors from both One More Thing financial and emotional distress. As with every Remember to update your burial instructions other contract you enter into, a burial con- as necessary. Be certain that the person who tract needs to be negotiated very carefully to needs to know is aware of the location of your make sure that the final payment is not more funeral instructions. than anticipated. Take a friend with you for support when you go to the funeral home so Organ and Body Donation that you are not intimidated into spending You can perform a public service and avoid more than planned. costs by donating your body to a medical school and your organs to someone that needs PRE-NEED CONTRACT: them. Organ donation means that you can Florida law requires that all money paid for live on in a special way by saving the life preplanned funerals be placed in trust. The of someone in need of an organ transplant. money from the trust fund will be paid to You may be able to donate a heart, kidneys, the funeral director upon receipt of proof or some other organ if you so request. Or- that services were carried out in conformance gan transplants are done at no cost to the with your wishes. By law you must be able donor; the recipient hospital will cover the to get your money back from the trust if cost of donation. Following organ dona- you decide to cancel the contract within 30 tion, the family of the deceased may hold days. Thereafter the refund may be subject funeral and memorial services. To become to liquidated damages in certain percentage part of the donor program, you should visit amounts allowable by state law and stated in www.donatelifeflorida.org and register to the contract. Likewise, if the funeral services become an organ donor. You may also in- are not performed, the entire amount shall be dicate such intent on your driver’s license at reimbursed within 30 days. time of renewal. You may change your mind at any time.

118 PLANNING FOR THE FUTURE Steps to Take When Someone Dies

Report Death An annuity will usually pay the spouse the After death occurs, it must be reported imme- income in monthly increments over a specified diately to the registrar of vital statistics at the period of time. The advantage of an annuity county health department. A certificate must is that if the spouse lives to a very old age, be registered with the local registrar of the he or she will have a fixed income to rely on. District in which the death occurred within The drawbacks are that the spouse is not in five days and before removal of the body from control of the retirement plan benefits, and if the state. This is usually accompanied by tak- inflation rages, the spousewill not be able to ing or mailing a copy of the death certificate take advantage of higher interest rates. signed by the doctor to the local registrar at the county health department in the county Gathering Important Papers where death occurs. One of the most difficult tasks that falls to the spouse, or to the bereaved person responsible Death Certificates for handling the deceased’s affairs, is that of You can obtain certified copies of the death going through the papers. It needs to be done certificate in person from the county’s Office before the funeral in order to see if there are of Vital Statistics located in the county where any burial instructions. Help your family or the death occurred, or by mail from the State friends by making a complete statement of Office of Vital Statistics. Certified copies have your assets and where your important papers original markings such as a raised seal. There can be found. Make sure they know where are two types of death certificates available: the statement is. The section of this Hand- with or without cause of death. Death cer- book on Organizing Your Personal Records tificates with cause of death are needed for should prove helpful. If the deceased made insurance claims. Death certificates without no statement or compilation of records, this cause of death are needed for filing with the section will inform what documents to gather. Clerk’s office. Burial Arrangements Check With Deceased’s If the deceased did not make burial arrange- Employer ments and has not left instructions for the If the deceased was employed, call the de- funeral, you can look in the “Yellow Pages” ceased’s employer to find out whether the or online under “Funeral.” Keep receipts of estate is entitled to any unpaid salary, unset- all burial expenses. tled expenses, bonuses, or accrued vacation pay. Check on retirement plan benefits. Ask Probating the Estate about options – whether the spouse is entitled The person having thewill should deposit to choose between a lump sum or an annuity. it with the Probate Court within 10 days of the death.

119 If the estate needs to be probated in court, you • Social Security Administration, will likely need a lawyer. If the estate is not large, simplified probate procedures are avail- • Department of Motor Vehicles, able. If you do not have a lawyer, the local bar association lawyer referral service can provide • Issuers of credit cards/charge accounts, and the names and telephone numbers of lawyers who are licensed to practice in Florida and • Title holders to mortgages. are members in good standing of the Florida Bar who specialize in probate law and estate Check With Insurance planning. If the local bar association has no Companies lawyer referral service, the Florida Bar has To collect the money from a life insurance pol- a statewide service for those areas not cov- icy, notify the company of the policy holder’s ered by a local referral service. Their toll free death, and get a claim form. Complete the number is 1-800-342-8011. The Florida State form and file it with theinsurance company Courts also provide helpful information at together with proof that you are the named www.flcourts.org and search for “informa- beneficiary on the policy, a certified copy of tion for elders.” Please be aware that these the death certificate, and a copy of the policy. lawyer referral services only provide the names and telephone numbers of licensed Florida Be aware that you cannot change the desig- attorneys and cannot recommend a specific nated beneficiary of yourinsurance policy attorney. merely by naming a new beneficiary in your will. The person named on the policy gets Your attorney should make it very clear to you the money. exactly what the attorney intends to do for you and what you are expected to take care If you get divorced, remember to change of yourself. Make certain that you carefully the name of the beneficiary if appropriate. review the retainer agreement (contract) with Forgetting to do this can cause wrenching the attorney prior to signing. If you do not problems for the surviving spouse, especially understand certain provisions, ask the attor- if the named beneficiary, usually a former ney to explain them to you. To determine if spouse, is dead. the estate needs to go through probate, see the Wills and Estate Planning section of this Social Security Handbook. Administration You must notify the Social Security Admin- Taxes istration to report the death of the Social Inheritance and estate taxes may need to Security/SSI beneficiary. You may do so by be addressed when someone dies. They are calling 1-800-772-1213. If you continue to covered in the “Wills and Estate Planning” receive checks, you will have to pay the money section of this Handbook. back when they find out – and they will find out. You are entitled to a lump sum death Notifications benefit of $255 if you are the surviving spouse Whom should you notify of the death? Gen- and were living together at time of death, or, erally, you should inform anyone who has if living apart, if you were receiving certain an interest in the deceased’s financial affairs, Social Security benefits on the deceased’s including the following: record. TheSocial Security Administration will tell you what benefits you are entitled • Bank, to. Take the following documents with you when you go: • Deceased’s employer,

120 • Certified copy ofdeath certificate, you about the specific benefits to which the survivor is entitled. • Affidavit of Right or Letters of Adminis- tration if the estate is probated, and Getting the Car Transferred If the deceased died intestate (without a will), • Proof of relationship to deceased. an application for a certificate of title may be made by an heir of the deceased previous Check With Veterans owner. The applicant must file an affidavit Administration that the estate is not indebted and the surviv- You are entitled to a gravestone and flag if ing spouse, if any, and the heirs, if any, have the deceased was a veteran, or to burial in amicably agreed upon a division of the estate. a national cemetery. You do not have to be You can do it yourself by taking a copy of the a family member to request these items and car title and registration to the Department of services for the deceased. Highway Safety and Motor Vehicles.

The Veterans Administrationwill require the If the deceased died with a will, the DMV following: will need an application and a certified copy of the will, if probated, and an affidavit that • A certified copy of death certificate, the estate has sufficient assets to pay all claims. If the will is not being probated, the applicant • Proof of funeral and burial expenses, and must provide a sworn copy of the will and an affidavit that theestate is not indebted. • Proof of the veteran’s military service. Guarding Your Credit The person paying burial expenses is also Responsibility entitled to up to $300 (depending on the To make arrangements to settle the debt on circumstances) toward funeral costs if the credit cards and charge accounts, you can call deceased: the card issuer or the credit department of the store. The telephone numberwill be on the • Was in receipt of VA pension; monthly statements. You may then want to establish accounts in your own name. • Was in receipt of compensation for service-connected disability; or If installment credit or deferred payment terms were granted to you and your deceased spouse • Died in a VA hospital, in which case the jointly, you should notify the creditors so that VA will pay up to $700; or names can be changed on their billing records. If you are jointly on the account, you are still • Died in a VA hospital, but was not buried responsible for payment and should continue in a national cemetery, in which case the to repay the credit. VA will pay up to $700 for a burial plot and internment. On a home loan it is likely that both you and your deceased spouse signed the promissory If you are a spouse of a deceased veteran, note and mortgage, and that you hold title as you may be entitled to a small pension that tenants by the entirety. If so, you acquire your supplements all other income up to a max- spouse’s share of the property, and you con- imum amount per month. It is imperative tinue to be liable for the balance of the loan. that you contact a VA office to find out what Remember to make your mortgage payments benefits you may be entitled to (1-800-827- regularly, or you could forfeit the property. 1000). Only a representative of the Veteran’s Service Office has the knowledge to inform

121 You should change the name on your home- probate administration, the personal repre- owners’ insurance to yours alone. sentative named in the will is responsible for paying the creditors, after they have filed Notifying Creditors claims in the probate court. When an estate passes through probate, the personal representative of the estate is normal- A Final Word ly responsible for notifying creditors of the Beware the “flimflam” man. Such people prey death and for paying them out of an estate, on the relatives of a deceased person whose after they have filed claims with theprobate name has been obtained from the obituary court. If you are the beneficiary of an estate column. The victim receives authentic-looking that goes through summary administration bills which are paid without question. Verify (streamlined procedure for small estates), you all questionable bills. are responsible for settling the debts. In a

122 REFERENCE Referral and Information

There are numerous agencies and programs transportation. For more information, contact providing services and benefits to older Flo- your county or city bus service. ridians. A wide variety of social, economic, educational, medical, and nutritional pro- Housing grams are available. The following list is being Whether maintaining your current home, included for your convenience, but it is by no seeking more affordable housing, or exploring means exhaustive of all the programs available. other long-term care options, the process of If you have any questions about programs not finding affordable housing can often be diffi- listed in this section, the best possible source cult. The following resources are available to to contact is your Area Agency on Aging. help you meet your housing needs. Every county is served by an Area Agency on Aging, which is responsible for planning Local Government: State Housing and funding services for senior citizens in the Initiatives Partnership Program (SHIP) local area. Each Area Agency on Aging also funds are allocated to local governments serves as an Aging and Disability Resource statewide to produce and preserve affordable Center (ADRC), a single, coordinated system homeownership and multifamily housing. The for information and access to long-term care program is intended to serve very low, low, resources. To reach your local Area Agency and moderate-income families. Examples of on Aging, please call 1-800-96-ELDER (1- the type of things SHIP funds may be used 800-963-5337). for include but are not limited to emergency repairs, new construction, rehabilitation, Transportation special needs housing, and down payment Free or low-cost transportation to obtain med- and closing cost assistance. You may locate ical treatment, buy groceries, pick up food your SHIP local government contact at: www. aid, or for other purposes may be available floridahousing.org. You may also call Florida in your area for the elderly and the disabled. Housing Finance Corporation at (850) 488- 4197 for more information. For information, call the Florida Depart- ment of Elder Affairs or the Aging and Dis- U.S. Department of Housing and Urban ability Resource Center nearest you. For the Development (HUD): The Housing Choice telephone number of the office serving your Voucher Program (Section 8) is a HUD pro- county, see the section in this chapter entitled gram to assist low-income families, the elderly, “Services for Older Floridians.” and persons with disabilities to rent safe, decent, affordable housing in a community. The Many municipalities also offer discounted Section 8 program is administered by local fares to senior citizens who use local public public housing agencies (PHAs). The Section 8 program provides rental assistance only.

123 Contact your local public housing agency for ties” on its website at http://fchr.state.fl.us. more information on this program and other You may review these communities online or programs they administer. Statewide public contact the commission at (850) 488-7082 or housing agencies, including Florida-specific 1-800-342-8170. information, are listed at www.hud.gov. You may also call HUD’s Information Resource Homeowners’ Insurance: The Florida Mar- Center at 1-800-955-2232 for more infor- ket Assistance Plan (FMAP) Online Referral mation. Service is a free property insurance referral service designed to match consumers who HUD sponsors housing counseling agencies cannot find propertyinsurance with Florida throughout Florida that can provide advice licensed agents and insurers who are writing on defaults, foreclosures, credit issues, and new business. You may access its website at reverse mortgages. Its website allows you to http://fmap.org. You may also call FMAP select a list of agencies nearest you. You may at 1-800-524-9023 (TTY 1-800-955-8771). also call 1-800-569-4287 for the name and location of a HUD-approved housing coun- Property Tax Exemptions: An overview of seling agency near you. property tax exemptions available to Florida’s elders and various other categories of Floridi- The HUD website also provides information ans can be found on the Florida Department on steps to take when you may be unable of Revenue’s website at http://dor.myflorida. to pay the mortgage on your home. Topics com. You may also contact the Department include contacting your lender, talking to a of Revenue, Property Tax Oversight Program housing counseling agency, prioritizing debts, Office at (850) 717-6570. and exploring loan workout solutions (such as forbearance or mortgage modification). Continuing Care Retirement Communities: Reverse mortgages are a special type of home Continuing Care Retirement Communities loan that lets a homeowner convert the equity (CCRCs) (also commonly referred to as "life in his or her home into cash. You may access care facilities") are communities that provide a this information at www.hud.gov. continuum of care ranging from independent live-in houses or apartments to assisted HUD also maintains a Multifamily Hous- living facilities to skilled nursing facilities. ing Clearinghouse toll-free complaint line at These facilities usually enter into contractual 1-800-MULTI-70 (1-800-685-8470). This agreements with individuals and agree to hotline takes complaints about matters such provide a living arrangement that meets as poor maintenance, dangers to health and the person's needs. For more information safety, mismanagement, and fraud. You may on CCRC’s, please review the “Long-Term reach staff Monday through Friday, 9:00 a.m. Care” guide for consumers located on the to 5:00 p.m. (Eastern time). Department of Financial Services website at www.myfloridacfo.com. You may also Affordable Rental Housing: Florida call the Department of Financial Services Housing Finance Corporation’s website, Consumer Helpline at 1-877-MY-FL-CFO www.floridahousing.org, maintains (1-877-693-5236) to obtain a copy of this detailed information on affordable rental publication. housing in Florida. You may also obtain this information by calling Florida Housing Assisted Living Facilities and Nursing Finance Corporation at 877-428-8844. Homes: In evaluating the most appropriate care consistent with an elder’s health care and 55 and Older Communities: The Florida housing needs, one must consider the scope of Commission on Human Relations maintains the services required (for instance, assessing a list of Florida’s “55 and Older Communi- the type and frequency of the services need-

124 ed and whether the health care facility can administers programs and services for elders provide those services). in Florida through contractual agreements with Area Agencies on Aging, also known Assisted living facilities (ALFs) and adult as ADRCs, throughout the state. You may family care homes (AFCH) are licensed to contact the local ADRC for the county in provide housing, meals, and personal services. which you reside to obtain help with your Personal services include such activities as housing needs. You may do this by access- assistance with walking, bathing, dressing, ing the DOEA website www.elderaffairs. eating, grooming, toileting, and other similar org. You may also call (850) 414-2000 or the activities. Such residents, however, cannot Elder Helpline at 1-800-963-5337 for this require 24-hour nursing supervision. information.

Nursing homes are licensed to provide nurs- Department of Elder ing care, personal care, custodial care, and Affairs (DOEA) rehabilitative care to persons who are sick The Department of Elder Affairs (DOEA) or recovering from surgery. There are two was created to focus on aging issues and to types of nursing homes in Florida: skilled better serve older Floridians. Its vision is to nursing facilities and skilled nursing units. see all Floridians age with dignity, purpose, A skilled nursing facility is typically thought and independence. of as a nursing home. Skilled nursing units, however, are hospital-based nursing facilities. In 1992, DOEA became the officially desig- Skilled nursing units are either located within nated "state unit on aging" in accordance with a hospital or in a separate building associated the Older Americans Act. It was responsible with the hospital. Skilled nursing facilities and for contracting with local Area Agencies on skilled nursing units can provide rehabilitative Aging for four programs that were transferred care after hospitalization. from the former Department of Health and Rehabilitative Services (HRS). These pro- The Florida Agency for Health Care Adminis- grams include the Older Americans Act, the tration has brochures and guides that can help Community Care for the Elderly Act, the you learn more about assisted living facilities Alzheimer's Disease Initiative, Home Care and nursing homes. You can also search on of the Elderly, and the Federal Home Energy its website for Florida assisted living facilities, Assistance Program. adult family care homes, nursing homes, and many other health care facility types and The DOEAcontracts with 11 Area Agencies service providers. You may access this in- on Aging and many local service providers formation on the Agency’s website at http:// in Florida. Its programs include Long-Term www.floridahealthfinder.gov or obtain these Care Ombudsman Program, Office of Public publications by calling 1-888-419-3456. and Professional Guardians, Communities for a Lifetime, SHINE (Serving Health Insur- The Florida Agency for Health Care Adminis- ance Needs of Elders), CARES (Comprehen- tration’s Division of Health Quality Assurance sive Assessment and Review for Long-Term also has the responsibility of ensuring that Care Services), and many more programs health care facilities comply with licensure and services as listed on the DOEA website, laws and regulations. To file a complaint www.elderaffairs.org. against a health care facility, call 1-888-419- 3456. The DOEA provides innovative and pro- gressive ways to fund aging programs and Area Agencies on Aging / Aging and Dis- respond to the critical need for improvement ability Resource Centers (ADRC): TheFlor - to the long-term care system. The DOEA has ida Department of Elder Affairs (DOEA) established an office of volunteer community

125 services as an information clearinghouse on abuse, neglect, and exploitation. This out- aging issues and resources, administratively reach and education takes place locally by the houses Florida's Long-Term Care Ombuds- Area Agencies on Aging throughout the state. man Program, and promotes intergenerational Trainings and presentations can be arranged relationships and activities. by calling the Elder Helpline at 1-800-96-EL- DER (1-800-963-5337) and asking to speak SHINE Program with a local elder abuse prevention coordi- The SHINE program is a program of the nator. Florida Department of Elder Affairs and is operated locally through the Aging and Disabil- AARP ity Resource Centers. The acronym SHINE AARP has a number of programs available stands for Serving Health Insurance Needs of to its members, including a Medicare Supple- Elders. Volunteers of the SHINE program can mental Insurance Plan, a pharmacy, prescrip- help you understand your Medicare benefits, tion drug plan, travel assistance, a veterans determine which Medicare Prescription Drug plan, and a motoring plan. There are three Plan best fits your needs, answer your ques- AARP offices that serve Floridians: one in St. tions about Medigap, long-term care insurance Petersburg, one in South Florida, and a state policies, and other programs available to you. legislative office in Tallahassee. These can be Specially trained volunteers help Medicare contacted at the following: beneficiaries, their families, and caregivers to understand their health care options. SHINE St. Petersburg: volunteers are trained to offer free, unbiased, 400 Carillon Parkway and confidential information and counseling Suite 100 concerning Medicare. The SHINE program’s St. Petersburg, Florida 33716 statewide network of volunteer counselors are (866) 595-7678 also trained to assist elders in specific areas such as home health benefits,Medicare claims South Florida: and appeals, and other Medicare issues. The 3350 SW 148th Avenue, Suite 120 SHINE program can also give you details Miramar, Florida 33027 about benefits available in your area and refer (866) 595-7678 you to other helpful programs that may save you money. SHINE can also offer educational Tallahassee: presentations or public speeches on a variety 200 West College Avenue, Suite 304 of health insurance topics. Tallahassee, Florida 32301 (866) 595-7678 To receive help from SHINE, individuals may schedule appointments at designated Guardianship SHINE Counseling Sites, attend enrollment This area is discussed more in detail in the events in their local communities, or arrange “Planning for the Future” Chapter. Guard- to speak with a trained SHINE Counselor ianship, often confused with the Guardian at 1-800-ELDER (1-800-963-5337). For a Ad Litem program, involves a process that listing of SHINE Counseling sites and events, is designed to protect and to carry out the please visit www.floridashine.org. legal rights of individuals whose functional limitations prevent them from being able Elder Abuse Prevention Program to make their own decisions, and who have The Elder Abuse Prevention Program is de- not made plans for such a time in their life. signed to increase awareness and meet the People who need guardianship may have de- needs of the elder population who may be mentia, Alzheimer’s disease, a developmental vulnerable to abuse. It provides education disability, chronic mental illness, or other and outreach to identify and prevent elder such conditions that generally cause func-

126 tional limitations. Before a guardianship is to information about senior programs and established, it must first be determined that referrals to organizations for services including the alleged incapacitated person (AIP) meets home care and placement, referrals for in- the statutory definition for incapacity or the home medical services, Medicare and Med- ability or competence to make decisions in icaid information, food stamps information, one or more areas of their life. housing, transportation, and emergency relief.

Generally, there are three types of guardians TheElder Helpline is part of an information in Florida. If a court determines a person and referral network providing people with needs a guardian and that person has family information about choices and opportunities. or friends that can serve, then the court may appoint that family member or friend. These One of the practical goals of the program is to people are considered non-professional (fami- empower elders, their families and caregivers ly) guardians. If the incapacitated person does to make informed decisions about aging in not have a loved one that can and will serve place in an elder-friendly environment with but they do have assets, the court may appoint security, purpose, and dignity. All the El- a professional guardian. If the incapacitated der Helpline Services are available by calling person does not have family or friends that 1-800-96-ELDER (1-800-963-5337).Elder can and will serve and is of limited financial Helplines can be accessed through the Florida means, then the court may appoint a public Relay Service for the hearing impaired by guardian, if available. In Florida, the Office dialing 711 or 1-800-955-8771. of Public and Professional Guardians (OPPG) designates local public guardian offices to pro- Below is a listing of Elder Helpline telephone vide guardianship services. The State currently numbers by county in Florida: contracts with 17 local public guardian offices. Alachua...... (800)262-2243 The OPPG is also charged with education, Baker...... (888)242-4464 registration, and investigating complaints Bay...... (866)467-4624 made against professional guardians. Bradford...... (800)262-2243 A current list of local public offices may be Brevard...... (321)504-2038 found on the Office of Public and Professional Broward...... (954)745-9779 Guardians website at elderaffairs.org/doea/ Calhoun...... (866)467-4624 spgo.php or by calling (850) 414-2381. Charlotte...... (239)652-6901 Citrus...... (800)262-2243 Further Questions: If you have further questions about public or professional guardian- Clay...... (888)242-4464 ship or would like information on how to Collier...... (239)652-6901 become a professional guardian, you may Columbia...... (800)262-2243 contact the Office of Public and Professional DeSoto...... (239)652-6901 Guardians at (850) 414-2381 or at this address: Dixie...... (800)262-2243 Office of Public and Duval...... (888)242-4464 Professional Guardians 4040 Esplanade Way Escambia...... (850) 494-7100 Tallahassee, Florida 32399-7000 Flagler...... (866)467-4624 www.elderaffairs.org Franklin...... (866)467-4624 Gadsden...... (866)467-4624 Elder Helplines Gilchrist...... (800)262-2243 The DOEA has a unique support network for Glades...... (239)652-6901 older Floridians. The Elder Helpline Infor- mation and Referral Service provides access Gulf...... (866)467-4624

127 Hamilton...... (800)262-2243 Walton...... (850)494-7100 Hardee...... (800)336-2226 Washington...... (866)467-4624 Hendry...... (239)652-6901 Hernando...... (800)262-2243 DISTRICT LONG TERM CARE OMBUDSMAN COUNCILS Highlands...... (800)336-2226 Florida has a Long-Term Care Ombudsman Hillsborough...... (800)336-2226 Council in each district to identify, investi- Holmes...... (866)467-4624 gate, and resolve resident concerns pertaining Indian River...... (772)453-2151 to long-term care facilities, (nursing homes, Jackson...... (866)467-4624 assisted living facilities and adult family care Jefferson...... (866)467-4624 homes). Council services are free of charge. All complaints are confidential. The following Lafayette...... (800)262-2243 is a listing of the addresses and phone num- Lake...... (800)262-2243 bers of the Long-Term Care Ombudsman Lee...... (239)652-6901 Councils for each district. The counties that Leon...... (866)467-4624 each office serves are listed. You may also Levy...... (800)262-2243 contact any council through the Long-Term Liberty...... (866)467-4624 Care Ombudsman statewide toll-free number 1-888-831-0404 or visit the program’s website Madison...... (866)467-4624 at http://ombudsman.myflorida.com. Manatee...... (800)336-2226 Marion...... (800)262-2243 NORTHWEST Martin...... (772)233-4028 1101 Gulf Breeze Parkway Miami-Dade...... (305)670-4357 Building 3, Suite 5 Monroe...... (305)670-4357 Gulf Breeze, FL 32561 (850) 916-6720 Nassau...... (888)242-4464 Serving: Escambia, Santa Rosa, Okaloosa...... (850)494-7100 Okaloosa, & Walton Okeechobee...... (866)377-8796 Orange...... (407)839-4357 PANHANDLE Osceola...... (407)839-4357 4040 Esplanade Way Palm Beach...... (561)214-8600 Tallahassee, FL 32399 (850) 921-4703 Pasco...... (800)861-8111 Serving: Holmes, Jackson, Washington, Pinellas...... (727)217-8111 Bay, Calhoun, Gadsden, Liberty, Polk...... (800)336-2226 Gulf, Franklin, Leon, Madison, Putnam...... (800)262-2243 Taylor, Jefferson, & Wakulla Santa Rosa...... (850)494-7100 Sarasota...... (239)652-6901 NORTH CENTRAL 1515 E Silver Springs Blvd., #203 Seminole...... (407)839-4357 Ocala, FL 34470 St. Johns...... (888)242-4464 (352) 620-3088 St. Lucie...... (772)409-1041 Serving: Hamilton, Suwannee, Columbia, Sumter...... (800)262-2243 Lafayette, Dixie, Levy, Union, Putnam, Suwannee...... (800)262-2243 Alachua, Bradford, Gilchrist, Marion, Taylor...... (866)467-4624 Citrus, Hernando, Sumter, & Lake. Union...... (800)262-2243 Volusia...... (888)242-4464 Wakulla...... (866)467-4624

128 FIRST COAST BROWARD 210 N. Palmetto Ave., Suite 403 8333 W. McNabb Road, Suite 231 Daytona Beach, FL 32114 Sunrise, FL 33351 (386) 226-7846 (954) 597-2266 Serving: Nassau, Baker, Duval, Clay, Serving: Broward St. Johns, Volusia, & Flagler MIAMI-DADE WEST COAST 7270 N.W. 12th Street, Suite 520 11351 Ulmerton Road, Suite 303 Miami, FL 33126 Largo, FL 33778 (786) 336-1418 (727) 588-6912 Serving: N. Miami-Dade (North Serving: Pasco & Pinellas of Flagler St., All of Hialeah & N.E. and N.W. addresses) WEST CENTRAL 701 W. Fletcher Avenue, Suite C MIAMI-DADE, MONROE, Tampa, FL 33612 & THE FL KEYS (813) 558-5591 7300 N. Kendall Drive, Suite 780 Serving: Hillsborough & Manatee Miami, FL 33156 (305) 671-7245 EAST CENTRAL Serving: Monroe & S. Miami-Dade (South 400 W. Robinson Street, Ste. N110 of Flagler St., all S.E. & S.W. addresses) Orlando, FL 32801 (407) 245-0651 SOUTH CENTRAL Serving: Orange, Seminole, 200 N. Kentucky Avenue, #224 Brevard, & Osceola Lakeland, FL 33801 (863) 413-2764 SOUTHWEST Serving: Polk, Highland, & Hardee 2295 Victoria Ave., Room 152 Ft. Myers, FL 33901 (239) 338-2563 Serving: Sarasota, Desoto, Charlotte, Glades, Lee, Hendry, & Collier

PALM BEACH 111 S. Sapodilla Avenue, #125A-B-C West Palm Beach, FL 33401 (561) 837-5038 Serving: Palm Beach, Indian River, Martin, Okeechobee, & St. Lucie

129 REFERENCE Services for Older Floridians

Many social, economic, educational, medical, with the Federal Administration on Aging. and nutritional programs designed for older They are usually coordinated by the local Area Floridians are administered by the Depart- Agencies on Aging which are listed below. ment of Elder Affairs (DOEA) in cooperation

Counties Address and Telephone No. Escambia, Okaloosa, Santa Northwest Florida Rosa, and Walton Area Agency on Aging 5090 Commerce Park Circle Pensacola, Florida 32505 850-494-7100 Bay, Calhoun, Franklin, Gadsden, Area Agency on Aging of Gulf, Holmes, Jackson, Jefferson, North Florida, Inc. Leon, Liberty, Madison, Taylor, 2414 Mahan Drive Wakulla, and Washington Tallahassee, Florida 32308 850-488-0055 Alachua, Bradford, Citrus, Columbia, Elder Options–Mid-Florida Area Dixie, Gilchrist, Hamilton, Hernando, Agency on Aging Lafayette, Lake, Levy, Marion, Putnam, 5700 S.W. 34th Street, Suite 222 Sumter, Suwannee, and Union Gainesville, Florida 32608 352-378-6649 Baker, Clay, Duval, Flagler, ElderSource–Area Agency on Aging Nassau, St. Johns, and Volusia for Northeast Florida 4160 Woodcock Drive, 2nd Floor Jacksonville, Florida 32207 904-391-6600 Pasco and Pinellas Area Agency on Aging of Pasco-Pinellas 9887 4th Street North, Suite 100 St. Petersburg, Florida 33702 727-570-9696

130 Hardee, Highlands, Hillsborough, Senior Connection Center Manatee, and Polk West Central Florida Area Agency on Aging, Inc. 5905 Breckenridge Parkway, Suite F Tampa, Florida 33610 813-740-3888 Brevard, Orange, Osceola, and Seminole Senior Resource Alliance 988 Woodcock Road, Suite 200 Orlando, Florida 32803 407-514-1800 Charlotte, Collier, DeSoto, Glades, Area Agency on Aging of Southwest Florida Hendry, Lee, and Sarasota 15201 N. Cleveland Avenue Suite 1100 N. Fort Myers, Florida 33903 239-332-4233 Indian River, Martin, Okeechobee, Area Agency on Aging of Palm Beach/ Palm Beach, and St. Lucie Treasure Coast, Inc. 4400 N. Congress Avenue West Palm Beach, Florida 33407 561-684-5885 Broward Aging & Disability Resource Center of Broward County 5300 Hiatus Road Sunrise, Florida 33351 954-745-9567 Miami-Dade and Monroe Alliance For Aging 760 N.W. 107th Avenue Suite 214 Miami, Florida 33172 305-670-6500 Florida Department of Elder Affairs 4040 Esplanade Way Tallahassee, Florida 32399 850-414-2000

REGARDING ABUSE, NEGLECT OR EXPLOITATION OF ELDERS, YOU CAN ALSO CALL TOLL-FREE THE ABUSE HOTLINE AT 1-800-962-2873 (1-800-96-ABUSE).

FOR GENERAL INFORMATION YOU MAY CALL THE ELDER HELPLINE AT 1-800-96 ELDER (1-800-963-5337) or visit http://elderaffairs.state.fl.us/doea/quickguide.php

131 Legal Problems Senior Legal Helpline If possible, every citizen in Florida should TheSenior Legal Helpline is a toll-free state- seek representation by an attorney in a civil wide helpline designed to increase access to lawsuit, whether the citizen is suing or being legal advice and lawyer referrals for elder Flo- sued. Civil lawsuits are cases other than those ridians. The helpline serves eligible Florida in which a citizen is charged with criminal residents age 60 and older who have questions activity. If you have a civil legal problem, but regarding civil legal matters (1-888-895-7873). cannot afford to hire a private attorney to represent you, you may be able to obtain an Legal Services and Legal Aid attorney through your local legal aid or legal Legal Aid and Legal Services offices can advise services organization, which provides free you in most areas of civil law, for example: legal services to those in need. In criminal consumer cases; employment cases; land- cases, the court will appoint a lawyer for you lord/tenant cases; food aid cases; health cases; if you qualify. Social Security; public welfare benefits; and family law matters such as dissolutions of Remember, legal problems often have time marriage. limits, called statutes of limitations, after the expiration of which you may not be able to Legal Aid and Legal Services are meant for pursue your rights in court. Therefore, when persons of low income who cannot afford an you think you have a legal problem, immedi- attorney. Most Legal Aid and Legal Services ately contact a lawyer for assistance. The fol- offices base their eligibility criteria on both lowing are resources you may wish to contact. the income of the applicant and the size of the family of the person seeking assistance, The Florida Bar Elderly and sometimes on other additional criteria, Referral Panel such as being 60 years old or older. In or- The Florida Bar has an Elderly Referral Panel der to determine whether or not you would for older Floridians. Call 1-800-342-8011 qualify for Legal Aid or Legal Services, it is and ask for the Elderly Referral Panel in your necessary for you to contact the local Legal county. The Florida Bar will refer you to one Aid or Legal Services office in your county. of their participating attorneys in your area. Information on Legal Aid or Legal Services You will then have to contact the participating offices and whether they handle your partic- attorney for an appointment to see wheth- ular legal need, including addresses of offices, er they are able to advise you on your legal hours of operation, financial qualifications, problem. To qualify for referral under the and other valuable information, can be found Elderly Referral Panel, you must be age 60 or at www.FloridaLawHelp.org. Local Legal older and meet certain income restrictions. If aid or Legal Services offices by county are you do not meet these criteria, you may still also listed below: use the regular Referral Panel offered by the Florida Bar. ALACHUA Three RiversLegal Services, Inc. Your local county bar association may also Gainesville offer programs similar to these. Please con- 352-372-0519 tact the local bar association lawyer referral service in your community (for example, the BAKER Dade County Bar Association or Hillsbor- See Duval County ough County Bar Association) to learn of the specialty panels in your area and to determine BAY whether you qualify. Legal Services of North Florida, Inc. Panama City 850-769-3581

132 BRADFORD DUVAL See Alachua County Jacksonville Area Legal Aid, Inc. Downtown Office (Jacksonville) BREVARD 904-356-8371 Brevard County Legal Aid, Inc. Rockledge ESCAMBIA 321-631-2500 Emerald Coast Legal Aid (formerly known as Northwest Florida Legal Services, Inc.) BROWARD Pensacola Coast to Coast Legal Aid of 850-432-2336 South Florida, Inc. 954-736-2400 North Florida Center for Equal Justice, Inc. Tallahassee Legal Aid Service of Broward County, Inc. 850-701-3980 954-765-8950 FLAGLER CALHOUN Community Legal Services See Gadsden County of Mid-Florida, Inc. Palatka CHARLOTTE 386-328-8361 See Lee County FRANKLIN CITRUS Legal Services of North Florida, Inc. Community Legal Services Tallahassee of Mid-Florida, Inc. 850-385-9007 Inverness 352-726-8512 GADSDEN Legal Services of North Florida, Inc. CLAY 850-875-9881 See Duval County Served by North Florida Center for Equal Justice COLLIER Legal Aid Service of Collier County, Inc. GILCHRIST Naples See Alachua County 239-775-4555 GLADES COLUMBIA Florida Equal Justice Center Three RiversLegal Services, Inc. Fort Myers Lake City 239-277-7060 386-752-5960 GULF DESOTO See Bay County See Lee County HAMILTON DIXIE See Columbia County See Columbia County HARDEE Florida Rural Legal Services, Inc. Lakeland 863-688-7376

133 HENDRY LEE See Charlotte County Florida Rural Legal Services, Inc. Lakeland HERNANDO 863-688-7376 Community Legal Services of Mid-Florida, Inc. Lee County Legal Aid Society, Inc. Inverness Fort Myers 352-796-7238 941-334-6118

HIGHLANDS LEON See Lee County Legal Services of North Florida, Inc. See Jefferson County HILLSBOROUGH Legal Aid Foundation of the Bay Area Legal Services, Inc. Tallahassee Bar Association Senior Advocacy Unit Tallahassee Tampa 850-222-3004 813-232-1343 LEVY HOLMES See Alachua County See Bay County LIBERTY INDIAN RIVER See Calhoun County Served by Florida Rural Legal Services, Inc. Fort Pierce MADISON 561-466-4766 See Columbia County

JACKSON MANATEE Served by Legal Services of Legal Aid of Manasota, Inc. North Florida, Inc. Sarasota Quincy 941-366-0038 850-875-9881 Gulf Coast Legal Services, Inc. JEFFERSON Bradenton Served by Legal Services of 941-746-6151 North Florida, Inc. Tallahassee MARION 850-385-9007 Withlacoochee Area Legal Services, Inc. Ocala LAFAYETTE 352-629-0105 See Columbia County MARTIN LAKE See Indian River County Greater Orlando Legal Services, Inc. Tavares MIAMI-DADE 352-343-0815 Legal Services of Greater Miami, Inc. Miami (main office) 305-576-0080

134 South Dade Office PALM BEACH 305-576-0080 Legal Aid Society of Palm Beach County, Inc. Legal Aid Society of Dade West Palm Beach County Bar Association, Inc. 561-655-8944 Miami 305-579-5733 Florida Rural Legal Services, Inc. West Palm Beach Florida Justice Institute, Inc. 561-993-0003 Miami (discrimination related problems only) PASCO 305-358-2081 Bay Area Legal Services, Inc. Dade City MONROE 352-567-9044 Legal Services of the Florida Keys Key West New Port Richey 305-292-3566 727-847-5494

NASSAU PINELLAS See Baker County Gulf Coast Legal Services, Inc. St. Petersburg OKALOOSA 727-821-0726 Legal Services of North Florida, Inc. Fort Walton Clearwater 850-862-3279 727-443-0657 Okaloosa County Legal Aid, Inc. Pro Bono Program of the Shalimar Clearwater Bar Foundation 850-651-7254 Clearwater 727-461-5450 OKEECHOBEE See Indian River County POLK See Hardee County ORANGE Legal Aid Society of the Orange PUTNAM County Bar Association, Inc. Central Florida Legal Services, Inc. Orlando Palatka 407-841-8310 386-328-8361 Greater Orlando Area Legal Services, Inc. ST. JOHNS Orlando See Putnam County 407-841-7777 ST. LUCIE OSCEOLA See Indian River County Greater Orlando Area Legal Services, Inc. Kissimmee SANTA ROSA 407-847-0053 Served by Northwest Florida Legal Services, Inc. See Escambia County

135 SARASOTA SUWANNEE Legal Aid of Manasota, Inc. See Columbia County Sarasota 941-366-0038 TAYLOR See Columbia County Gulf Coast Legal Services, Inc. Sarasota UNION 941-366-1746 See Alachua County

SEMINOLE VOLUSIA Central Florida Legal Services, Inc. Central Florida Legal Services, Inc. Sanford Daytona Beach 407-322-8983 386-255-6573 Seminole County Bar Association, Inc. Altamonte Springs WAKULLA 407-834-1660 See Jefferson County

SUMTER WALTON Withlacoochee Area Legal Services, Inc. See Okaloosa County Inverness 352-568-0257 WASHINGTON See Bay County

136 REFERENCE Taking Precautions in Times of Natural Disasters

It is important to remember that most natural is important that you check on others who disasters do not give advanced warning before might not be able to prepare. There are over disrupting our everyday lives. Thousands of four million older adults living in Florida and residents in Florida have been recently affected approximately two million have a disability. by tornadoes, lightning storms, and wildfires, It is critical that as good neighbors, we assist none of which gave any warning. It is more those who might not be able to prepare for important than ever that citizens, especially a disaster. In times of emergency, we must elders and their caregivers, take the vital steps come together as Floridians to ensure that to prepare for a natural disaster. no person is left without help.

The first step in protecting yourself and your A listing of local emergency management family is to establish a plan. Once you have offices for your county is provided below. decided what actions you will take in case of Please take a moment today and contact your an emergency, it is important to share that local emergency officials to determine shelter information with other family members. With locations and evacuation routes in your com- a plan in place, you will be able to organize a munity. The best and safest evacuation choices disaster preparedness kit that will sustain your include staying with relatives or friends out family for three to five days. Many residents of the area, checking into a hotel/motel, or have specific medical needs, which need to pre-admission into a medical facility if med- be considered when organizing your kit. It is ically necessary. If you have medical issues, also important to have up-to-date information where you can best be supported during a during and after a disaster. disaster or hurricane should be a joint decision of your physician, home health agency, Florida’s State Emergency Response Team caregiver, family, and yourself. suggests that every home have a portable NOAA (National Oceanic and Atmospher- Hurricane Reference ic Administration) weather radio that is both Information electric and battery-operated. A NOAA weather radio broadcasts National Weather HURRICANE CONTACT Service warnings, watches, forecasts, and other INFORMATION NATIONAL OFFICES: hazard information 24 hours a day. If the Emergency...... 911 electricity goes out during a disaster, this radio FEMA...... 800-621-3362 can still function, offering vital information National Flood Insurance and instruction. Program...... 888-379-9531 Red Cross...... 800-733-2767 Once you have prepared your family’s emergency plan and disaster preparedness kit, it

137 FLORIDA INFORMATION: Jefferson...... 850-342-0211 Florida Division of Emergency Lafayette...... 386-294-1950 Management...... 850-413-9969 Lake...... 352-343-9420 State of Florida Emergency Information Lee...... 239-533-0622 24-hour hotline...... 800-342-3557 Leon...... 850-606-3700 Elder Affairs Helpline...... 800-963-5337 Levy...... 352-486-5213 Florida Volunteer and Donations Hotline...... 800-354-3571 Liberty...... 850-643-2339 Madison...... 850-973-3698 COUNTY EMERGENCY Manatee...... 941-749-3507 MANAGEMENT OFFICES: Marion...... 352-732-8181 Alachua ...... 352-264-6500 Martin...... 772-219-4942 Baker ...... 904-259-6111 Miami-Dade...... 305-468-5400 Bay...... 850-784-4000 Monroe...... 305-289-6018 Bradford...... 904-966-6336 Nassau...... 904-548-0952 Brevard...... 321-637-6670 Okaloosa...... 850-651-7150 Broward...... 954-831-3900 Okeechobee...... 863-763-3212 Calhoun...... 850-674-8075 Orange...... 407-836-9140 Charlotte...... 941-833-4000 Osceola...... 407-742-9000 Citrus...... 352-746-6555 Palm Beach...... 561-712-6400 Clay...... 904-284-7703 Pasco...... 727-847-8137 Collier...... 239-252-8444 Pinellas...... 727-464-3800 Columbia...... 386-758-1125 Polk...... 863-534-5600 DeSoto...... 863-993-4831 Putnam...... 386-329-0379 Dixie...... 352-498-1240 Santa Rosa...... 850-983-5360 Duval...... 904-255-3110 Sarasota...... 941-861-5000 Escambia...... 850-471-6400 Seminole...... 407-665-5102 Flagler...... 386-313-4200 St. Johns...... 904-824-5550 Franklin...... 850-653-8977 St. Lucie...... 772-462-8100 Gadsden...... 850-627-9233 Sumter...... 352-569-1660 Gilchrist...... 386-935-5400 Suwannee...... 386-364-3405 Glades...... 863-946-6020 Taylor...... 850-838-3575 Gulf...... 850-229-9110 Union...... 386-496-4300 Hamilton...... 386-792-6647 Volusia...... 386-736-5980 Hardee...... 863-773-6373 Wakulla...... 850-745-7100 Hendry...... 863-674-5400 Walton...... 850-892-8065 Hernando...... 352-754-4083 Washington...... 850-638-6203 Highlands...... 863-385-1112 Hillsborough...... 813-236-3800 Holmes...... 850-547-1112 Indian River...... 772-567-2154 Jackson...... 850-482-9678

138 REFERENCE Index

A E AARP 20, 23, 25, 126 Elder Abuse 74, 126 Age Discrimination 86, 88 Elder Helpline 43, 62, 125, 126, 127 Ageism 89 F ALF 12, 63, 64, 65, 67 Finance Charges 76, 83 Area Agency on Aging 123, 130, 131 Florida Bar Elderly Referral Panel 132 Assisted Living Facility 12, 63 Florida Department of Elder Affairs 2, Assisted Living Facility (ALF) 9 123, 125, 126, 131 Residents Rights 67 Florida Homestead Exemption 54 B Food Stamps 13, 26, 92, 127 Burial Plans 81 Fraud 37, 38, 75, 84, 85, 86, 124 Door-to-Door Sales 77, 82 C Identity Theft 84, 85 Collection Activities 78 Internet Fraud 85 Consumer Complaints 81 Funeral Arrangements 26, 73, 117, 118, Contracts 33, 35, 52, 68, 69, 75, 77, 81, 119, 121 82, 83, 117, 125, 127 Credit 8, 23, 24, 70, 75, 76, 80, 81, 83, G 84, 85, 86, 91, 100, 103, 105, 120, Guardianship 102, 106, 107, 108, 109, 121, 124 126, 127 D H Death 8, 10, 15, 16, 23, 24, 25, 54, 68, Health Care 11, 27, 30, 32, 33, 34, 35, 38, 70, 80, 96, 97, 98, 99, 100, 101, 102, 40, 42, 44, 45, 46, 47, 50, 51, 63, 64, 103, 104, 107, 116, 118, 119, 120, 65, 66, 74, 110, 111, 112, 113, 115, 121, 122 116, 124, 125, 126 Disaster Relief 26 Health Care Surrogate 65, 110, 111, 112, Do-Not-Resuscitate Order 110, 115 113 Health Maintenance Organizations (HMO) 35, 38, 39, 41, 42

139 Home Energy Assistance Program 62, 125 M Home Repairs 78 Meals 13, 31, 32, 33, 48, 125 Homestead Exemption 19, 20 Medicaid 11, 24, 25, 27, 37, 38, 40, 41, Hospice Care 30, 31, 42, 116 42, 43, 46, 47, 48, 49, 50, 74, 111, 127 Hospitals 11, 27, 28, 29, 30, 31, 32, 35, 37, 38, 40, 42, 44, 49, 64, 74, 106, 116, Medicare 11, 27, 28, 29, 30, 31, 32, 33, 118, 121, 125 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 46, 47, 48, 49, 50, 63, 74, 81, 84, Housing Choice Voucher Program 60, 123 105, 111, 116, 126, 127 Hurricane Preparedness 90 Benefit Periods 30, 31 I Co-Insurance 30, 34 Insurance 7, 10, 11, 15, 18, 20, 24, 26, 27, Part A, Hospital Insurance 28, 29, 30, 28, 29, 30, 31, 32, 33, 34, 35, 36, 31, 32, 49 37, 38, 39, 41, 44, 45, 49, 50, 52, 53, Part B, Medical Insurance 28, 29, 30, 62, 68, 73, 74, 80, 81, 84, 90, 91, 92, 32, 34, 35, 38 , , , , , , , , 94 97 100 105 110 116 119 120 Part D, Prescription Drug Coverage 11, , , , , 122 124 125 126 137 36, 48 , Flood Insurance 24 26 Mental Illness 32, 107, 126 , , , , , , Life Insurance 10 15 80 97 100 110 Institutionalization of the Mentally Ill 51, 120 107 Long-term Care Insurance 44, 45, 126 Supplemental Health Insurance 35 N Nursing Homes 46, 47, 49, 50, 63, 124, L 125, 128 Landlord-Tenant Relations 56 Eviction 59 O Ombudsman 47, 50, 64, 66, 67, 125, 126, Housing and Health Codes 56 128 Right to Enter 57 Long-term Care Ombudsman Program Legal Hotline for Older Floridians 47, 50, 64, 66, 67, 125, 128 Senior Legal Helpline 2, 132 Optional State Supplementation (OSS) Legal Problems 132 OSS 12 Legal Services and Legal Aid 3, 14, 100, Organ and Body Donation 104, 118 103, 132 Legal Aid 34, 132, 133, 134, 135, 136 P Pensions 10, 15, 17, 18, 105, 121 Legal Services 2, 12, 34, 37, 43, 132, 133, 134, 135, 136 Personal Records 104, 119 Living Will 110, 111, 113, 115 Planning Your Own Funeral Funeral 117, 119 Power of Attorney 9, 106, 107 Prescription Drug Coverage 35, 36, 37

140 Probate 96, 97, 98, 100, 101, 102, 103, W 119, 120, 122 Wage Garnishment 78, 79 R Wills 3, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 20, 21, 23, 24, 25, 26, 28, 29, 30, Real Estate Transfers 101 32, 33, 34, 35, 36, 37, 38, 41, 42, Reference and Referral Information 43, 44, 46, 47, 48, 49, 50, 51, 52, 53, Reference 3, 8, 12, 14, 91, 92, 100, 103, 54, 55, 57, 58, 59, 60, 63, 68, 69, 70, 123, 130, 137, 139 73, 74, 75, 76, 78, 80, 81, 82, 83, 84, 88, 89, 90, 91, 92, 93, 96, 97, 98, 99, Referral Information 3, 8, 12, 14, 91, 92, 100, 101, 102, 103, 104, 106, 107, 100, 103 108, 109, 110, 111, 113, 115, 116, Resident’s Rights 50 117, 118, 119, 120, 121, 122, 127, Retirement Income 17 132, 137 Reverse Mortgage 24, 25 Estate 19, 52, 53, 54, 96, 97, 98, 99, 100, 101, 102, 103, 104, 118, 119, 120, S 121, 122 Section Eight Rental Housing Program Estate Tax 19, 100, 101, 103 Section Eight 60 Gifts 10, 101, 104 SHINE Program 37, 125, 126 Inheritance Tax 100 Small Claims Court 81, 82 Intestacy 96, 101 Social Security 7, 8, 9, 10, 11, 12, 20, 23, 24, 27, 28, 29, 32, 33, 34, 36, 38, 41, 47, 55, 70, 79, 84, 85, 86, 91, 93, 94, 104, 105, 120, 132 Supplemental Security Income (SSI) Supplemental Security Income 7, 10, 12, 14, 24, 38, 40 T Tax Relief for the Elderly Tax Relief 19 Transportation 10, 11, 26, 38, 42, 55, 65, 81, 91, 92, 106, 117, 123, 127 Trust 2, 73, 81, 97, 98, 102, 103, 104, 109, 118 V Veteran’s Benefits 15

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