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, usual- ly 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