Florida Elder Law Blog - ElderLawAssociates.com

Barry Seltzer & Gerry Beyer. Fat Cats & Lucky Dogs: How to Leave (some of) Your Estate to Your Pets. Prism Publishing. 2010. 249 Pages.
$39.35 from Amazon (click the book to order).


For many people, their pets are members of the family that need to be taken care of if the pet owner dies before the pet. Fat Cats & Lucky Dogs explains how to include a pet in an estate plan.

Billionaire hotel operator Leona Helmsley famously left $12 million in trust for her dog when she died. While the average pet owner doesn't have that much to leave, many do want to make sure their pets are provided for after they die. Written by two attorneys (one of whom is also a professor of law and a renowned expert on estate planning for pet owners), Fat Cats & Lucky Dogs details the various ways that pet owners can ensure their wishes regarding their pets are carried out.

The book explains that plans can range from informal, in which the pet owner asks a friend to care for the animal, to formal, in which a trust is formed to ensure the pet's care. Some states allow pet owners to establish "pet trusts," which are designed specifically for taking care of pets. The book also explains how to protect pets in a disaster or emergency, how to choose a caregiver, and how to determine the amount of money your pet will need, among other topics.

Fat Cats & Lucky Dogs has several appendices that are filled with useful resources for pet owners, including sample wording for wills and listings of after-death services and pet cemeteries. Peppered with facts about pets and funny quotes, Fat Cats & Lucky Dogs is a welcome publication for the nation's pets and a good, information-packed read for their human companions.

Before making your own plans, contact a qualified South Florida Elder Law Attorney.

Labels: florida elder law, Florida Elder Law Attorney, Florida Wills

Cheryl was in a panic trying to get her parents home sold in Florida and move them near her in Idaho. Seven years ago Max and Clara purchased their retirement home in Florida and moved there from Idaho. Max had a stroke recently and Clara can no longer care for him herself, so in order for Cheryl to help out they need to move back to Idaho.

As is often the case, when elderly parents have health problems, the children are called on for help and support in major decisions. Unfortunately, Cheryl is not able to leave her job and family in Idaho to spend time selling the home in Florida nor find living arrangements for her parents in Idaho.

“More than 65 million people, 29% of the U.S. population, provide care for a chronically ill, disabled or aged family member or friend during any given year and spend an average of 20 hours per week providing care for their loved one.” Caregiving in the United States; National Alliance for Caregiving in collaboration with AARP; November 2009

The AARP estimates that over 25 million Americans struggle to balance work responsibilities with caring for a relative aged 50 or older.

The National Association of Realtors recognized the specialized need of seniors and their families to sell an established home quickly and efficiently. They have established a designation for realtors called Seniors Real Estate Specialists® (SRES®). To earn the designation a realtor goes through a comprehensive program which qualifies them to know how to work with seniors in the 50+ real estate market.

Specialties characteristic to an SRES® designated agent would include:

• Knowledge of senior communities and housing restrictions
• Ability to work with seniors on sensitive issues when selling their property
• Understanding how real estate impacts Medicare and Medicaid laws
• Knowledge of retirement accounts such as 401K and IRA accounts in relationship to real estate purchases.
• Expertise in bringing in help with downsizing, packing, moving and relocation
• Resources to work as a team of realtors throughout the United States for relocation purposes.
• Seth Owens of Albany New York says of working with an SRES® agent, “Jim worked with me in downsizing and preparing my home for the sale and then took care of all the details. I didn’t have to worry about a thing. He knew his business. The sale was made and Jim helped me find a condo in a senior community near by. He understood I wanted to be near my church, doctor and friends.”

With more of the senior population downsizing or moving there has been a growing need for moving companies to specialize in the needs of seniors and their families. Some moving companies have added a department just for moving seniors.

Senior moving services may include:

• Organizing and packing items and unpacking at the new home.
• Downsizing by disposing of unneeded items
• Disconnecting electronics and reconnecting after the move.
• Placing furniture, rugs and household items.
• Personnel skilled to help with the emotional transition of seniors.
• The past few years have seen new specialized companies developed that work directly with seniors in downsizing, moving or reorganizing their current home for “aging in place”.

The National Association of Senior Move Manager® (NASMM) is an organization of “move managers” whose mission is “to facilitate the physical and emotional aspects of relocation for older adults.” A move manager may oversee the complete move or reorganizing for seniors, making the senior transition less stressful from beginning to end.

Of course, before making any legal decisions, please contact a qualified South Florida Elder Law Attorney.

Labels: Florida Elder Care, florida elder law, Florida Elder Law Attorney

The 1996 federal Health Insurance Portability and Accountability Act (HIPAA) has profound implications for the effectiveness of your estate plan. Yet there are many individuals with older estate plans who have yet to update their documents to make them comply with HIPAA law. If you're one of these people, your health care providers may refuse to release information about you to the people you want to have the information.

HIPAA was passed in 1996, giving health care providers until April 14, 2003, to comply. The law, designed to protect patient privacy, restricts to whom health care providers can release information. Fines for infractions can range from $100 to millions, and may even include prison time. By way of example, Rite Aid was fined $1 million for putting written information with patients' names in an industrial trash container accessible to the public.

Privacy is a good thing, of course. However, HIPAA's chilling effect on providers has resulted in some extreme scenarios, for example, hospitals refusing to even confirm or deny if they've admitted a family member. The law can also throw a monkey wrench into an estate plan that while otherwise sound, is not HIPAA compliant. From an estate planning perspective, HIPAA language should be incorporated into your Revocable (Living) Trust as well as your Durable Power of Attorney. That way, if you become incapacitated, your Successor Trustee under your Trust and your agent under your Durable Power of Attorney will be able to secure verification of your incapacity from your physician and begin managing your affairs with minimal disruption. This is especially important if your Successor Trustee and agent are not the same person(s) serving as your health care agent under your Health Care Power of Attorney.

Of course, before making any legal plans, please consult a qualified Florida Elder Law Attorney.

Labels: Elder Law Attorney, Florida Elder Care, florida elder law, Florida Elder Law Attorney, Florida Estate Planning

A Florida Voluntary Guardianship is a great option for those with elderly parents and elderly relatives who have increasing difficulty managing their own "property affairs". Business transactions such as banking matters, real estate transactions, and money management are some of the everyday tasks that become increasingly difficult to handle for Florida's elderly.

South Florida residents may become a Voluntary Guardian by request and petition of the individual ("ward") who is in need of assistance from a trusted family member or friend. The petition must also include a physician's certificate stating that the person who is petitioning the court for a guardian is competent to understand the nature and scope of the guardianship.

A wonderful feature of the provision is that it allows the guardian to take possession and control of less than all of the wards property. This enables the "ward" to maintain a sense of independence, and allows that person to manage a certain "portion" of their property, and still feel in control of their world. Each circumstance is unique and therefore, it is prudent to discuss your situation with a South Florida Guardianship Attorney.

When the petition requests that the guardian only take control of a part of the wards estate, the court order must be specific as to the property to be included in the guardianship estate. A Voluntary Guardian must file an annual report with the court, which gives an accounting as to the property under the guardian's control. The ward may terminate the voluntary guardianship at any time by filing a notice of termination with the court and must obtain a new certification of competency each year for the guardianship to continue. If you have questions about how a voluntary guardianship may assist someone in need of assistance, contact an experienced Florida Guardianship Attorney.

Labels: Florida Elder Care, florida elder law, Florida Elder Law Attorney, Florida Guardianship, Florida Litigation