Mediator Rule 10.310 provides: Rule 10.310. Self-Determination (a) Decision-Making. Decisions made during a mediation are to be made by the parties. A mediator shall not make substantive decisions for any party. A mediator is responsible for assisting the parties in reaching informed and voluntary decisions while protecting their right of self-determination. (b) Coercion Prohibited. A […]
Several of the attorneys of Gibbons Neuman have been busy lately keeping the Tampa Bay community informed of important legal matters. On May 9th, Attorneys Elizabeth Allen, Beverly White and Gary Gibbons appeared on WMNF’s Radioactivity radio show hosted by Rob Lorei. The show focused on long term care and Medicaid issues and the […]
Court-ordered mediation is generally covered by Section 1.720-1.750, Florida Rules of Civil Procedure. The parties (or their representatives) with full authority to settle, a representative from an insurance carrier with full authority to settle and the party’s counsel of record are required to appear unless other appropriate agreements are otherwise obtained. So, mediation has been […]
Be careful! In all likelihood, under both scenarios, you will be responsible for paying all charges (assessments, interest, and attorneys’ fees) that were incurred and owed by the prior owner. You may want to wait and allow the lender to purchase the property at the foreclosure sale and then try to negotiate with the lender […]
Whether you are a party to a lawsuit or the attorney representing one of the parties, a very common mistake is failing to draft a settlement agreement in advance of the mediation. The case may or may not settle at the mediation, but if it does, no one wants to sit around for several hours […]
Some friends were sharing a bottle of wine and the conversation turned to remembering someone who had “passed away.” The next thing you know, the friends began listing the euphemisms that we use in our society for death or dying. The list they came up with before the wine bottle was empty is quite lengthy. […]
Certain Medicaid income and asset standards are adjusted beginning each January in accordance with changes in the SSI federal benefit rate (FBR) and the Consumer Price Index (CPI). Likewise, maximum benefit amounts under the VA Pension Program are adjusted each year based upon the CPI. For 2018 , the new figures are: SSI FBR = […]
Several weeks ago Jill Schlesinger, CPF, a CBS News Business Analyst, wrote an article entitled “When making long-term care decision, get a second opinion” which was published in several news outlets. You can read the whole article here. The article mentions that 70% of people turning 65 can expect to use some form of long […]
Families with children, grandchildren or other family members (such as parents) with special needs have unique planning requirements. There are numerous misconceptions in this area that can result in costly mistakes when planning for special needs beneficiaries. Understanding the pitfalls associated with special needs planning is a must for all of us who assist families […]
There are currently over 25 million veterans alive in the United States. There are over 9 million surviving spouses of veterans currently living in the United States. Many of these veterans and surviving spouses are receiving long term care or will need some type of long term care in the near future, and there are […]