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Florida Elder Law Blog - A blog by Elder Law Associates, South Florida's premier elder law attorneys, who handle elder law, medicaid planning, guardianships and much, much more.

Thursday, May 13, 2010

 

Florida Elder Care: The Financial Health of Aging Seniors

With our current economic challenges, those of us looking forward to retirement need to be well-informed about our financial needs in coming years. And not only pre-retirees, but individuals already in retirement need to be wise to the changing economic environment. The good news is there are trained professionals who keep abreast of changes in the current economy, changes in laws and changes in government programs for the elderly. Professionals in this field are equipped to handle everything from help with retirement savings accounts, investment advice, guidance on government programs, estate planning or even new funding options such as reverse mortgages. A little planning prior to retirement will allow you to maintain your current lifestyle; whereas, a lack of planning may require you to live on an extremely tight budget. For those already retired, taking time right now to deal with financial problems instead of waiting for a crisis to happen is well advised.

A large number of retired individuals feel that they have planned well for the future only to find that rising medical costs, damage done to investment portfolios (by the current economy) and many other factors have caused them to go into debt. According to an article in "USA Today" seniors are racking up debt like never before. Elderly individuals who are in debt live with a constant burden over their heads. Most of these people are on fixed incomes and have no way of paying off credit cards and home equity loans that continue to mount to cover household budget deficits. In order to meet ongoing payments, seniors often forego purchasing medications and skimp on food budgets. They live like hermits -- never going out and pinching every penny -- in order to pay their obligations.

Most of these people worked hard their entire lives and managed their debt. They never anticipated the rising costs of prescriptions, expensive medical care or depletion of savings by living too long. The good news is there is help for these individuals. Here are just a few examples of some relief options that could be available. There are many more besides these.

Reverse mortgages - A Home Equity Conversion Mortgages (HECMs), also known as a reverse mortgage, is a risk-free way of tapping into home equity without creating monthly payments and without requiring the money to be paid back during a person's lifetime. Instead of making payments the cash flow is reversed and the senior receives payments from the bank. Thus the title "reverse mortgage". For those seniors who are less fortunate financially but own a home, a reverse mortgage can allow them to remain in the home by creating extra income.

Life settlements -- A life settlement enables older individuals, businesses and other organizations to sell life insurance policies they currently own – but no longer want or need – for an amount greater than the cash surrender value. In some cases the value can be 2-3 times the cash surrender value. Even some term life insurance policies with a conversion option to permanent coverage can qualify for a life settlement.

Government Programs -- Some government programs such as food stamps provide temporary financial help for food. Other programs provide subsidized housing, help with medical expenses and provide tax credits. For veterans there is free health care, inexpensive prescriptions and disability income. Area agencies on aging offer individual counseling, legal help and advice with Medicare costs.

As always, before making any legal plans, consult with a qualified Florida Elder Law Attorney.

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Monday, May 3, 2010

 

Florida Elder Law: The Florida-New York Connection

Many of you may be aware that Elder Law Associates PA handles New York in addition to Florida elder law and special needs planning matters. The value of that knowledge and expertise was put to the test recently in a case involving a father whose two children, located in Texas and New York, had to make a decision about where their Florida-based father should receive long term care services. First, we outlined the planning opportunities and asset preservation strategies available in both New York and Florida. We also educated our clients about the differences between New York and Florida in terms of the services available through the various government programs in each state. This was of tremendous value to the client, who was then able to determine which state offered the appropriate level of care that could be secured with the greatest amount of ease based upon the different services offered in each state.

The children decided with our guidance that New York would best serve their father’s needs. With our assistance, we secured an appropriate placement for their father in a nursing facility located in the Bronx, nearby to where the son lives. We are now in the process of implementing an asset protection strategy known as the gift and loan strategy that will allow this family to preserve a portion of their father’s assets and secure Medicaid benefits at the earliest possible date to cover the cost of the nursing facility.

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