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@eldercarematters
Did you know that elder law attorneys specialize in legal issues facing seniors? There are a variety of reasons that a person may need to enlist the help
Did you know that elder law attorneys specialize in legal issues facing seniors? There are a variety of reasons that a person may need to enlist the help of an elder law attorney, but everyone should consider these three tips when answering the question of how to choose an attorney.
Transitioning an elderly parent to an assisted living facility, no matter how it’s needed, is never an easy move for elderly parents or the adult
Transitioning an elderly parent to an assisted living facility, no matter how it’s needed, is never an easy move for elderly parents or the adult children. Many do not want to leave the home they’ve known for years to move into unfamiliar surroundings, especially if they consider it to be a loss of independence. However, most find that by allowing others to take care of some of their daily tasks like cleaning, cooking, and doing laundry, they’ll have more time to enjoy themselves and the company of others living in their community.
We all want what is best for our families. Ideally, we would like to help loved ones on both ends of the continuum of life: the younger generation with
We all want what is best for our families. Ideally, we would like to help loved ones on both ends of the continuum of life: the younger generation with expenses related to college, home buying, and starting their families; and the elder generation with expenses related to retirement, nursing home costs or assisted living situations and long-term medical care, if necessary. You have likely worked hard with exactly these goals in mind. But when it comes to balancing the needs of your family, you do not want one side’s needs to erase the hopes of the other. With careful planning, you can protect your investments for your own retirement and the next generation while still providing quality care for aging family members.
Do you want to let Michigan laws and courts decide the distribution of your property and management of your estate after you pass away? If not, you should
Do you want to let Michigan laws and courts decide the distribution of your property and management of your estate after you pass away? If not, you should consider having a Will, which is a legal document formally named a “Last Will and Testament.” Importantly, a Will is not the only document you need to protect yourself and your family during your life and after death — but a Will is an essential document for everyone to have, for a number of important reasons.
Transitioning an elderly parent to an assisted living facility, no matter how it’s needed, is never an easy move for elderly parents or the adult
Transitioning an elderly parent to an assisted living facility, no matter how it’s needed, is never an easy move for elderly parents or the adult children. Many do not want to leave the home they’ve known for years to move into unfamiliar surroundings, especially if they consider it to be a loss of independence. However, most find that by allowing others to take care of some of their daily tasks like cleaning, cooking, and doing laundry, they’ll have more time to enjoy themselves and the company of others living in their community.
We all want what is best for our families. Ideally, we would like to help loved ones on both ends of the continuum of life: the younger generation with
We all want what is best for our families. Ideally, we would like to help loved ones on both ends of the continuum of life: the younger generation with expenses related to college, home buying, and starting their families; and the elder generation with expenses related to retirement, nursing home costs or assisted living situations and long-term medical care, if necessary. You have likely worked hard with exactly these goals in mind. But when it comes to balancing the needs of your family, you do not want one side’s needs to erase the hopes of the other. With careful planning, you can protect your investments for your own retirement and the next generation while still providing quality care for aging family members.
ElderCareMatters.com is America's National Elder Care / Senior Care Directory. Here you will find Local Experts & Useful Articles to Help You With Your Elder Care Matters.
Proper estate planning allows you to make informed decisions about the handling of your assets. Having a plan in place gives you and your loved ones peace of mind knowing that you had the opportunity to maximize the value of your estate and make the designations you wanted.
Knowing the common estate planning mistakes will help you avoid these issues in your legal affairs.
COMMON BAD EXCUSES FOR PUTTING OFF ESTATE PLANNING
In 1771, George Washington famously wrote to Harriot Washington, “It is better to offer no excuse than a bad one.” Washington was reminding his niece to think more earnestly about life, but his advice still rings true today, particularly when it is time to plan for serious matters.
More than half of Americans over the age of 55 do not have an estate plan in place. This startling statistic is a significant takeaway from the 2019 Merrill Lynch and Age Wave study Leaving a Legacy: A Lasting Gift to Loved Ones. Even more troubling, only 18% of people over the age of 55 have all of the recommended legacy documents, including a last will and testament, health care directive, and statutory durable power of attorney. So, what are the most common bad excuses for failing to make an estate plan?
“I do not want to think about death.”
No one wants to think about death. It is an uncomfortable subject for almost everyone, but if you fail to plan, your family could suffer major consequences. No one lives forever, but with proper estate planning techniques, you can take care of your loved ones and provide financial and health care decisions if you become incapacitated.
1. Taking care of your loved ones.
If you die without a will in Texas, the Texas law of intestate succession will apply. Texas law, and not your wishes, will determine how a court-appointed representative distributes your estate. To get around this, you can:
Validly execute a will.
Create a revocable trust and transfer your assets to it during your lifetime.
Add the person you want to inherit your assets as a joint owner.
Designate the disposition of your assets upon death.
An experienced attorney with estate planning experience can help you achieve all of this.
2. Detail how you want to be taken care of when you can no longer care for yourself.
Estate planning is not just about who gets your assets when you die; it is also about making your wishes known for your care if you are no longer able to care for or make those decisions for yourself. To avoid guardianship in the event you are incapacitated, you need:
A valid statutory durable power of attorney for financial decisions;
A medical power of attorney; and
A medical directive or living will (what we call a directive to physicians).
These documents will allow you to name someone you trust as an agent for these critical decisions and detail your wishes about end of life decisions.
“I only have one child. There is nothing to fight over.”
Avoiding fights over your assets is only one reason to have a plan in place. An estate plan can also provide for a minor child’s physical and financial care, avoid nasty custody battles, and determine how your heirs receive your assets. If both you and your spouse die, who will care for your child? While Texas courts will naturally look to next of kin, what if two sets of grandparents and your sister all want custody? An estate plan can avoid this by appointing a guardian you and your spouse trust in advance.
It is not just the physical custody of a minor child that you need to consider, under Texas law, any minor who inherits assets cannot receive or hold them directly until they reach 18. See Texas Estates Code § 1101, et seq. A Texas court will appoint a guardian to oversee the inheritance until that time. To avoid this you can establish a trust for your child to ensure they receive their inheritance on your terms.
“My estate is not large enough.”
As we have discussed above, estate planning is not just about a will. Estate planning can also provide for minor children, plan for your future medical decisions, and determine how your representative will distribute your assets. In some cases, estate planning can also help you avoid a protracted probate action. Ultimately, estate planning is about ensuring that you do not leave your final affairs to your heirs to untangle. Planning ahead can make a painful, stressful, and costly process much easier for the people who love you.
Call us today to schedule your strategy session with our elder law attorneys to begin planning ahead for your loved ones.
Advance directives are legal documents that allow you to proactively make certain choices about your medical decision making and end-of-life care prior to
Advance directives are legal documents that allow you to proactively make certain choices about your medical decision making and end-of-life care prior to a crisis. Advance directives allow you to tell your loved ones and health care professional in writing who you want to make medical decisions on your behalf; who you want to be able to speak to medical professionals on your behalf; and what your end of life wishes are.
Advance directives are important for anyone over the age of 18! Yes, even your college aged children.
The legal documents that compile advance directives are a Designation of Health Care Surrogate, Living Will, and HIPAA (Health Insurance Portability and Accountability Act) Release.
Death or incapacity can creep up on anyone. If you’re not prepared, your family could bear a heavier burden when handling your estate or financial
One of the most important things you can do to get your affairs in order is to either make an estate plan or update your current estate plan. This way, you will have the proper protections and documents in case you become incapacitated such as a Power of Attorney and Living Will, or if you should pass away such as a Last Will and Testament, and Revocable Living Trust.
During the Middle Ages, the word “hospice” described a place where weary pilgrims could stop, rest and refresh themselves before continuing on their
During the Middle Ages, the word “hospice” described a place where weary pilgrims could stop, rest and refresh themselves before continuing on their journey. In 1967, a British physician, Dr. Cicely Saunders, began using the term to mean a new kind of care for patients who were near the end of the journey of life. Patients came not to find a cure, but for support with managing pain and maintaining their quality of life, even in the face of a terminal illness. Today the hospice movement has spread around the world.
Medicare Open Enrollment Season Begins on October 15
Open enrollment for Medicare Advantage plans and Part D prescription coverage begins on October 15 and ends on December 7, 2020. When it’s over, whatever decisions you may have made will be set in stone for a full calendar year.
Mistakes are costly, especially for people who require multiple prescriptions. Also, if you do not enroll in Medicare when you are eligible, there is a 10% increase in premiums for every year you failed to enroll (i.e., if you enroll in Part B or D three years late, your annual premium is increased by 30%) for the rest of your life.
Among changes you can make include switching from original Medicare, Part A for hospital insurance and Part B for medical coverage to a private Medicare Advantage plan. You can also change from one Medicare Advantage plan to a different one. And you can join a prescription drug plan under Medicare Part D.
It’s very tempting to shrug your shoulders and go with the same plan you had last year. Don’t. Plan changes, networks change, doctor’s participation in networks change. The plan you had last year might not work this year.
Medicare is challenging to navigate. Over the years, we have made a point of speaking with clients about their Medicare plan when we meet during the enrollment season. In recent years, we’ve noted that it has become even more complicated. This especially true of Medicare Part D. Currently, there are over thirty different Part D plans available on Long Island.
The Center for Medicare and Medicaid Service, the federal agency which runs the programs, introduced the Medicare Plan Finder to assist seniors in August 2019. Unfortunately, the Finder had numerous technical glitches and incorrect information; many seniors could not access the Finder. It proved a hardship to seniors. There were reports of Inflated costs and higher premiums. Complaints came from Medicare enrollees, consumer advocates, U.S. Senators, state insurance commissioners, and even the insurance brokers who sell these plans.
As a public service to assist Seniors in making an informed decision about their Medicare coverage, our office is offering complimentary consultations by phone, video conference, or in office.
We are attorneys. We are not an insurance agency or broker and sell no product. Our review is impartial. We want to help seniors avoid mistakes. Medicare is confusing. We are pleased to help.
A few steps to take, as described by CNBC in the article “Medicare open enrollment is coming up. Three steps to save money this fall.”
1 – Know your plan. Look for a piece of mail from Medicare, “Annual Notice of Change.” This letter will have information about changes to coverage and costs, including premiums, deductibles, and co-pays. If you do not participate in Medicare, you will not receive the letter.
2 – Gather up all of your medical expenses from the last year and a list of the doctors you see regularly and the medications you take. If you use a single pharmacy, they will gladly give you a printed list. You’ll need that to figure out which one will be best for you in 2021.
3 – Your modified adjusted gross income (“MAGI”) from two years ago determines your premiums for Medicare Part B. MAGI includes capital gains, Social Security, and required minimum distributions from retirement funds and 401(k) plans. Your 2019 income determines the premium you’ll pay in 2021. It’s too late to do much about that now, but if you can curtail income in 2020, you may reduce Medicare costs.
We invite you to call our office and request a free consultation to discuss your Medicare coverage. Call our office at 516-307-1236.
“Elderspeak” is a unique pattern of speech – similar to baby talk – that younger individuals often adopt when speaking to the elderly. The tone of
“Elderspeak” is a unique pattern of speech – similar to baby talk – that younger individuals often adopt when speaking to the elderly. The tone of elderspeak can seem condescending, express unwanted pity, and potentially foster resentment among older adults.
Stuff. We all have it, some more than others. Stuff is the things that we have bought, found, inherited, collected and happened upon. Some of the stuff
Stuff.  We all have it, some more than others. Stuff is the things that we have bought, found, inherited, collected and happened upon.  Some of the stuff might be valuable, some might just be worthless but we liked it at the time and we still have it.  To me, stuff is like stuffing; it fills up the space but doesn’t always have a real significance, to my life, to my needs and to my existence.  So why do we have all of this stuff?
When you create an estate plan, you have a tremendous sense of accomplishment. To maintain the positive effects of your plan, you should review the
When you create an estate plan, you have a tremendous sense of accomplishment. To maintain the positive effects of your plan, you should review the documents in your estate plan periodically to ensure that they continue to address your circumstances. Updating your plan and documents is extremely important, because your needs and goals change as you age and mature — and your estate plan needs to change too.
Coronavirus in the U.S. Calls Attention to Senior Loneliness During the spread of the coronavirus (COVID-19), “social distancing” has been the norm.
During the spread of the coronavirus (COVID-19), “social distancing” has been the norm. Younger people complain about their favorite coffee bar closing, missing out on time with friends and the cancellation of events — but for seniors, the situation has been far more dire. News media feature photos of bedridden seniors looking forlornly out the windows of nursing homes, wondering when they will see their loved ones again. Senior centers and adult day services are shuttered. Many of the social opportunities available to older adults and people with disabilities have evaporated.
Do I Have to Sign a Nursing Home Arbitration Agreement in Florida? The short answer is “no”. A nursing home cannot require a prospective resident to sign
The short answer is “no”.  A nursing home cannot require a prospective resident to sign an arbitration agreement as a condition for admission.