Florida Elder Law Blog - ElderLawAssociates.com

Florida Elder Law: Estate Planning for Digital Assets

2012-01-23T09:27:00.000-08:00

Only two states (Oklahoma and Idaho) have statutes that directly address digital assets in a probate context - and then only in the administration phase. Few estate planners provide digital asset planning for their clients, which may lead to significant problems as these assets are increasingly valuable and difficult to handle without proper planning. This Harris Private Bank Study reviews the

South Florida Elder Law Attorney: Is Insurance the Answer to Long Term Care Planning?

2012-01-16T09:21:00.000-08:00

A recent USA Today article states that there is an increase in seniors living over the age of 90. According to author Haya El Nasser “The number of people living to age 90 and beyond has tripled in the past three decades to almost 2 million and is likely to quadruple by 2050”. Seniors who live longer generally have some sort of disability or need help at some level of

South Florida Elder Law: Communicating End-of-Life Wishes Pays Off Where Aggressive Treatment Is the Norm

2012-01-10T14:19:00.000-08:00

A new study finds that when medical personnel know what kind of care a patient wants at the end of life, Medicare can be spared significant sums and the patient is more likely to die at home rather than in a hospital, at least in certain areas. The study, published in the October 5, 2011, issue of the Journal of the American Medical Association, found that in regions of the U.S. that

Florida Elder Law: Living Past 90 in Palm Beach

2012-01-04T17:57:00.000-08:00

I ran across an interesting article in the Palm Beach Post today titled, Living past 90: Five Palm Beach County residents describe what it's like. And it got me thinking: are you (or I) really ready to live past 90? Are our documents (will, power of attorney, end of life decisions, health care proxies and the like) in the shape we want them to be if we do live past 90? Do you (or I) have long

South Florida Elder Law: Social Security Benefits to Increase for First Time in Three Years

2011-12-30T20:27:00.000-08:00

After receiving no cost-of-living increase (COLA) for two years running, the nation's Social Security recipients, including Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) beneficiaries, will get a 3.6 percent increase in payments in 2012. Starting in January 2012, the average monthly Social Security payment for a worker with disabilities will rise from $1,072

Florida Elder Law: Average Cost of a Private Nursing Home Room Tops $87,000 a Year

2011-12-24T18:15:00.000-08:00

The cost of long-term care continues its upward climb, according to the 2011 MetLife Market Survey of Nursing Home, Assisted Living, Adult Day Services, and Home Care . After leveling off last year, the cost of adult day care services went up by 4.5 percent to $70 per day. But the average cost of home health aides and homemaker/companion service rates remained unchanged at $21 and $19

Florida Elder Law: Make Sure Your Power of Attorney Complies with Federal Privacy Law

2011-12-18T08:17:00.000-08:00

A power of attorney (POA) and a health care proxy are two of the most important estate planning documents you can have, but in some instances they may be useless if they don't comply with the federal privacy law. A POA allows someone you designate (your "agent" or "attorney-in-fact") to make decisions for you if you become incapacitated. A health care proxy specifies who will make

Florida Elder Law: Recognizing the Need for Outside Help in Caregiving

2011-12-12T18:43:00.000-08:00

Caregivers often don’t recognize when they are in over their heads, and often get to a breaking point. After a prolonged period of time, caregiving can become too difficult to endure any longer. Short-term the caregiver can handle it. Long-term, help is needed. Outside help at this point is needed. A typical pattern with an overloaded caregiver may unfold as follows: 1 to 18 months -

South Florida Elder Law: Estate Planning Considerations for Out-of-State Property

2011-12-06T23:12:00.000-08:00

It is not uncommon for Florida residents to own real and tangible personal property, directly or indirectly, located in one or more of the other 49 United States. It is somewhat less common for this property to be integrated into a comprehensive estate plan that takes into account the additional probate and state estate and inheritance tax issues that may be caused by the ownership.

South Florida Elder Law: Medicare's Open Enrollment Season Already Underway

2011-11-29T09:09:00.000-08:00

This year's holiday shopping season has begun early for Medicare beneficiaries: the program's Open Enrollment Period, during which you can enroll in or switch plans, began October 15 and ends on December 7. During this period, you may enroll in a Medicare Part D (prescription drug) plan or, if you currently have a plan, you may change plans. In addition, during the seven-week period you

Florida Elder Law: Multigenerational Families On the Rise

2011-11-22T07:39:00.000-08:00

Just read an interesting article in the Chicago Herald, about how "Extended families are making a comeback" and thought it would be worth a read for our clients. The article makes some really salient points, including "The recession and its aftermath have pushed extended families to share space at a time when the average age at first marriage has climbed to 28.7 for men and 26.5 for women. And

Florida Elder Care: Celebrating Family Caregivers

2011-11-08T07:35:00.000-08:00

Debbie turned the ringing alarm off. It was 6:00AM and time to get herself ready for the day. Her son would be there soon to help her shower and dress her husband Jim. Her son came every day before work to help because Debbie, at 75 years old and suffering with arthritis, could not lift Jim out of bed or help him to the shower. This has been the daily routine since Jim’s stroke a year

Florida Elder Law: Senior Cohousing-A Retirement Alternative

2011-11-01T21:19:00.000-07:00

Seniors want to remain at home as long as possible, but with family spread out all over the country, it isn't always easy to do so. "Senior cohousing," a relatively new concept, allows older Americans to age at home in a supportive community. Senior cohousing consists of a group of houses or condos that are individually owned by seniors and are clustered around a common area. The design usually

Florida Elder Law: Report Ranks States on Long-Term Care Services, Calls for Improvement

2011-10-25T11:33:00.000-07:00

A new state-by-state scorecard evaluates the effectiveness of long-term care services across the country and concludes that there is a lot of room for improvement. The State Long-Term Services and Supports Scorecard examines the performance of state long-term care services for older people and adults with physical disabilities. The purpose of the report is to provide information on how to

Florida Elder Law: How to Avoid Problems as a Trustee

2011-10-18T21:14:00.000-07:00

Being a trustee is a big responsibility and if you don't perform your duties properly, you could be personally liable. That's why it's important to hire the right people to guide you in this important role. A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a "trustee," holds legal title to property for another person, called a "

Florida Elder Law: What To Do If An Elderly Loved One Lives Alone

2011-10-11T10:53:00.000-07:00

It's a problem that many of us face - an elderly loved one lives alone or far from us. I came across this article which offers some solutions to how to bridge that gap. Click here to read the full article by the Chicago Tribune.

Elder Law: Tips When Visiting a Nursing Home

2011-10-04T10:48:00.000-07:00

Once a family member has moved to a nursing home, it is important to visit as often as time allows. Residents of nursing facilities need to be reassured on a regular basis that they are still an important member of the family. The following list of ideas may help you to provide care and support to your loved one during your visits to see them. When you visit, be supportive and affectionate.

Elder Law Book Review: Fat Cats & Lucky Dogs

2011-09-27T12:27:00.000-07:00

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

Florida Elder Care: Expert Help Available for Seniors on the Move

2011-09-20T09:17:00.000-07:00

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

Florida Elder Law: Making Your Estate Plan HIPAA Compliant

2011-09-08T20:10:00.000-07:00

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

Florida Guardianship Attorney: Voluntary Guardians Assist Individuals in Daily Tasks

2011-09-01T09:52:00.000-07:00

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

Florida Elder Law: Are Revocable Living Trusts Obsolete?

2011-08-25T19:46:00.000-07:00

Currently the revocable living trust is the most popular type of trust for estate planning. With the current estate tax exemption at $5 million, many of our elder law clients have begun to ask if there is a need for such a trust. Moreover a revocable living trust provides no asset protection. Currently 99.7% of the US population has less than $5 million in assets. While a revocable living trust

Elder Care: Social Support Activities Lead to Better Quality of Life As One Ages

2011-08-18T12:35:00.000-07:00

How important is social support as a person ages? This may seem like an easy question to answer. Most people would not choose isolation and loneliness versus spending time with companions. However, can lack of social support really hinder a person’s overall quality of life? Lack of social support is related to negative impacts on health and well being, especially for older people. Having a

Florida Medicaid Planning: The Difference Between Medicare and Medicaid in Florida

2011-08-11T11:11:00.000-07:00

They sound similar. Unfortunately many people do not understand the differences between the two. Most people think Medicare will "care" for them forever but, that is simply not the case. While Medicare and Medicaid sound similar, they are very different government programs. Medicare provides healthcare benefits for the over 65, blind, and disabled; while Medicaid provides medical benefits for

Florida Estate Planning: Bank of America Says Power of Attorney Does Not Grant Access to Online Banking

2011-08-04T13:00:00.000-07:00

When one spouse suffers from dementia, the other spouse often must take over managing the couple's finances, usually with the help of a power of attorney. But things don't always go smoothly with financial institutions. Just ask Chicago resident Eva Kripke, who has been handling money matters since her husband, Sidney, was diagnosed with Lewy body dementia four years ago. Acting as agent

Florida Guardian Attorney: Resolving Conflicts Between Co-Agents on a Power of Attorney

2011-07-29T12:56:00.000-07:00

Having power of attorney over a family member is a big responsibility and sometimes it makes sense to share that responsibility with someone else. But when two people are named co-agents under a power of attorney, conflicts can arise. Unfortunately, if the conflict can't be resolved, it may be necessary to get a court involved. A power of attorney allows a person to appoint someone called an "

Should They Stay or Should They Go? A Primer for New York Attorneys Advising Their Florida Snowbird Clients

2011-07-22T17:29:00.000-07:00

Although the numbers fluctuate from year to year, Florida remains a popular destination for Northeasterners to vacation and in many cases to own a second home. This is particularly true for New Yorkers, who have claimed Southeast Florida as the “6th Borough.” The so-called New York-Florida connection raises a variety of legal issues that can be complex for the New York practitioner advising the

Florida Elder Law: Why You Need to Plan for Long-Term Care

2011-07-15T12:11:00.000-07:00

Thinking about a time when you will need help taking care of yourself is not fun. That is why most people put off discussing long-term care until it can't be ignored. But it is better to start long-term care planning early. Here are some reasons to start planning now:People are living longer and are more likely to need long-term care. Life expectancies keep increasing, which means you are

Florida Elder Law: CMCS releases State letter re: Same Sex Partners & Medicaid Liens, Transfers of Assets, & Estate Recovery

2011-07-07T12:09:00.000-07:00

Centers for Medicare & Medicaid Services recently announced the release of a State Medicaid Director's letter regarding Same Sex Partners and Medicaid Liens, Transfers of Assets, and Estate Recovery. The purpose of this letter is to ensure that States are informed of the existing options and flexibilities in setting their Medicaid eligibility policy. Specifically, the letter advises States

Florida Elder Law: Ellen Morris Featured in Reuters Article on Elder Care

2011-06-30T13:47:00.000-07:00

Partner Ellen S. Morris, Esq. was quoted extensively in the Reuters article entitled, "Eldercare: How to hire your kids to take care of you." Click here to read the article on the Reuters website.

Florida Elder Law: Book Review - Mom Always Liked You Best

2011-06-26T06:28:00.001-07:00

Arline Kardasis, Rikk Larsen, Crystal Thorpe, and Blair TrippeMom Always Liked You Best: A Guide to Resolving Family Feuds, Inheritance Battles & Eldercare Crises. Elder Decisions. 2011. 123 pages.Making decisions about elderly parents can cause conflict even in the best of families. In this book, three experienced elder mediators provide step-by-step advice and tools for managing disputes

Florida Elder Law: Daily Money Managers Can Help Assist Seniors with Financial Matters

2011-06-21T18:26:00.000-07:00

Having difficulty keeping on top of your bills? Maybe a daily money manager can help. Daily money managers can assist elderly individuals with handling anything from routine bill-paying to more complicated tasks like filing medical insurance claims. A daily money manager -- a member of a relatively new profession that now has its own professional association -- is an individual

Florida Elder Law: Ellen Morris Featured In Palm Beach Post

2011-06-16T18:23:00.000-07:00

Partner Ellen S. Morris, Esq. was quoted extensively in the Palm Beach Post article entitled, "Lawyers Warn of "Granny Dumping" at Medicaid Hearing in West Palm Beach" by Stacey Singer. Click here to read the article on the Palm Beach Post website.

Florida Medicaid Planning: House Budget Cutters Prescribe Radical Surgery for Medicare and Medicaid

2011-06-10T11:51:00.000-07:00

House Budget Committee Chairman Paul Ryan (R-WI) has proposed a budget that would radically reshape both the Medicare and Medicaid programs and shift more costs to seniors and people with disabilities. The plan may well become the Republican Party's de facto platform in 2012.The proposed budget, aimed at shrinking the nation's deficit as well as the size of government, slashes $1.43 trillion from

Florida Medicaid Planning: How To Protect The Family Home From Medicaid Recovery

2011-06-03T18:31:00.000-07:00

Because the home is the largest asset a couple can keep while still qualifying for Medicaid, it is also usually the main target of estate recovery. Sidney and Rachel's Story: Sidney and Rachel had lived in their home since it was new. They built it just after Sidney got a promotion to regional sales manager for a shoe distributor. Through the years, the house was

Florida Elder Law: Foxes Move in to Guard Florida's Long-Term Care Hen House

2011-05-27T16:47:00.000-07:00

Florida's new governor appears to be on an unprecedented campaign to roll back protections for residents of long-term care facilities and to install officials in key watchdog positions who favor more relaxed regulation of the nursing home and assisted living industries. The moves are causing an uproar in the Florida press and among volunteer advocates for the institutionalized elderly."I've never

Florida Elder Law: Book Review - They're Your Parents, Too!

2011-05-20T07:18:00.000-07:00

Francine RussoThey're Your Parents, Too! How Siblings Can Survive Their Parents' Aging Without Driving Each Other CrazyBantam Books. New York, NY. 2010. 286 pages.Sibling relationships can be difficult even in the best of times, but add in an aging parent and there is bound to be some tension. They're Your Parents, Too! offers insight and strategies to help siblings work together when established

Florida Elder Care: Downsizing, Organizing, Handicap Remodeling or Relocating

2011-05-13T08:25:00.000-07:00

When Robert and Anne bought their family home thirty years ago, their plan was to live through retirement in this home. They had furnished their home with refurbished antiques acquired from their many trips together. It was one of their cherished antique coffee tables that Robert tripped over, breaking his hip. Now with his return from the hospital in a wheelchair, the overwhelming

Florida Elder Law: You Can't Opt Out of Medicare Without Losing Social Security, Judge Rules

2011-05-06T23:23:00.000-07:00

Retirees cannot disenroll from Medicare Part A without also losing their Social Security benefits and refunding all the money paid to them, a federal judge has ruled.The judge dismissed a case, Hall v. Sebelius , brought by three retired federal employees who have reached age 65 and are receiving Social Security Retirement benefits, but who would like to drop their Medicare Part A coverage, which

Florida Estate Planning: What Is Asset Protection Planning?

2011-04-29T03:21:00.000-07:00

Asset protection planning is about protecting your assets from creditors -- and it is not just for the super-wealthy.Anyone can get sued. Lawsuits can stem from car accidents, credit card debt, bank foreclosures, or unhappy customers, among many other things. If someone wins a monetary judgment against you, your family could become bankrupt trying to pay it off. To keep your assets away from

Florida Elder Law: AARP Sues Government Over Reverse Mortgage Foreclosures

2011-04-22T18:06:00.000-07:00

Charging that reverse mortgage borrowers were caught in what amounts to a regulatory bait and switch, the AARP's legal arm is suing the Department of Housing and Urban Development (HUD) on behalf of three now-deceased borrowers' surviving spouses who are facing imminent foreclosure and eviction from their homes.The case involves the spouses of individuals who took out Home Equity Conversion

Florida Elder Care: Using Your Home Equity for Long Term Care

2011-04-15T10:58:00.000-07:00

For many seniors the equity in their home is their largest single asset, yet it is unavailable to use unless they use a home equity loan. But a conventional loan really doesn't free up the equity because the money has to be paid back with interest.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

Book Review: The Savvy Senior

2011-03-28T19:34:00.000-07:00

Jim Miller. The Savvy Senior (Hyperion, New York, N.Y., 2004; 250 pages).$13.95 from Amazon.comYou will indeed be savvy about senior issues after finishing this information-packed book. It offers a wealth of resources and basic, need-to-know information on a broad range of topics of vital interest to seniors.Within the book's 250 pages you will find information on locating volunteer opportunities

Howard Krooks Interviewed on NPR's Marketplace regarding "Getting Paid to Take Care of Mom and Dad"

2011-03-21T10:34:00.001-07:00

Recently, Howard Krooks, partner of Elder Law Associates, was interviewed by NPR's Marketplace on a segment entitled "Getting paid to take care of mom and dad."There are millions of caregivers in this country who look after an older family member - and a growing number of them is getting paid to do the job. Elder law attorneys have been drawing up more contracts that deal with how to care for

Florida Elder Care: Choosing Home Care Services That Meet Your Needs

2011-03-18T16:46:00.000-07:00

Making the decision to hire a home care service to provide care for your loved one is an important decision and can, at the same time, be very difficult. If an illness or recovery from surgery requires nursing care or physical therapy, a physician may order skilled home care services that provide both skilled providers and personal aides. Your decision is then based on the obvious

Florida Elder Law: Florida bill would undermine family caregiver arrangements

2011-03-13T11:37:00.000-07:00

Jean is 80 years old, a Florida resident and legally blind. Her daughter Laura has left her job in order to assist her mother. Laura does the cooking, shopping and housekeeping, transports her mother to medical appointments, and serves as Jean's all-around companion. Although she does all this out of love, Laura is paid by her mother for her help. As dedicated a daughter as she is, Laura

Florida Elder Law: Book Review - New Times, New Challenges

2011-03-06T18:42:00.000-08:00

As we grow older, new challenges emerge. Employing an engaging and often humorous tone, New Times, New Challenges offers practical advice needed to navigate these challenges.Written by a law professor and an elder law attorney, New Times, New Challenges is chock full of down-to-earth advice on everything from retirement planning to wills and estates to aging and disability issues. The authors

Florida Elder Law: Howard Krooks in US News and World Report

2011-03-01T14:23:00.000-08:00

Philip Moeller of the U.S. News & World Report interviewed Elder Law Associates' partner Howard Krooks for his article "How to Ensure Your Last Wishes Are Carried Out."Click on the link above to access the article. Of course, always check with a qualified Florida Elder Law Attorney before making any legal decisions about your specific situation.

Florida Medicare Planning: A New Year Brings New Improvements to Medicare

2011-02-27T18:04:00.000-08:00

We've found an interesting and education article on the changes for 2011 to Medicare and how it may affect your Medicare Planning. To read the entire article, titled A New Year Brings New Improvements to Medicare in 2011, click here.To discuss how these changes to Medicare may affect your specific situation, please consult an experienced Florida Elder Law Attorney, one who specializes in Florida

Florida Elder Care: Facebook is a New Tool For "Grandparent" Scam

2011-02-21T09:02:00.000-08:00

Officials with the Better Business Bureau of Northeast California are warning older adults about a new twist in a telephone scam that preys on grandparents who think they are helping their grandchildren in an emergency.The fraud, first seen in 2008, involves a grandparent getting a call from a young person claiming to be a grandson or granddaughter who got into legal trouble in a foreign country

Florida Elder Law: Obama Signs Tax-Cut Bill Setting Estate Tax Exemption at $5 Million for Two Years

2011-02-14T17:59:00.000-08:00

Congress has passed and President Obama has signed into law the deal extending the Bush tax cuts that he struck with Congressional Republicans. The legislation restores the estate tax for two years at a 35 percent tax rate, with estates up to $5 million exempt from paying any tax ($10 million for couples). If Congress does not change the law in the interim, in 2013 the estate tax will revert to

Florida Elder Care: Somebody’s Sweetheart

2011-02-07T18:23:00.000-08:00

The month of February and Valentines Day brings a celebration of love and stirs couples to rekindle feelings of romance and devotion. Not so different from young couples are aging seniors, celebrating memories of sweethearts and romance in days gone by. Sit a while with a senior couple and they will soon be telling you their romance story or listen to a widow or widower as they sing their

Florida Elder Law: Federal Program Helps Nursing Home Residents Move Home

2011-01-29T19:06:00.000-08:00

Once someone enters a nursing home, it isn't always easy to move out again. While some residents may prefer nursing home care to living on their own, others would rather be independent. For residents who want to move out but need some assistance to live on their own, there may be help available. A federal program is trying to help nursing home residents in some states regain their

Florida Elder Law: Medicare's policy on therapy comes under attack

2011-01-19T18:56:00.000-08:00

We recently came across a fascinating news story about a lawsuit that charges the government with illegally denying care to thousands of chronically ill recipients by Judith Graham of the L.A. Times.Ms. Graham reports that the federal government is illegally denying thousands of chronically ill Americans needed therapies and medical services, five national organizations charged about 3 days ago

Florida Elder Care: Working with Elder Parents in Planning Financially for their Long Term Care

2011-01-12T15:27:00.000-08:00

You may be taking care of elderly parents now or looking at that possibility in the near future. According to a report from USATODAY/ABCNews/Gallup Poll, 41% of baby boomers are helping take care of elderly parents by providing personal help or financial assistance or both. (Again, before making any legal decision, please contact a qualified Florida Elder Law Attorney.) If

Florida Elder Care: Elder Care in Cuba

2011-01-06T13:45:00.000-08:00

Cubans make eldercare work with high touch and a committed attitude.I was privileged to go to Cuba this month as a delegate of the National Council On Aging (NCOA) to learn how the Cuban eldercare system works. The short answer is very well. Elders in Cuba are very much integrated into the everyday life of their families and their neighborhoods. Only the very frail and sick are living in

Book Review: Trial and Heirs: Famous Fortune Fights

2010-12-30T12:49:00.000-08:00

Andrew Mayoras & Danielle Mayoras. Trial and Heirs: Famous Fortune Fights. Wise Circle Books. Long Beach, CA. 2009. 277 pages.$19.95 from Amazon (click on book to order). http://www.amazon.com/Trial-Heirs-Fortune-celebrity/dp/0615328865/ref=sr_1_1?ie=UTF8&s=books&qid=1288129474&sr=8-1-spellCan we learn anything about estate planning from Jimi Hendrix, Princess Di, and Sonny Bono? Yes! Written

Book Review: 47 Secret Veterans' Benefits for Seniors

2010-12-24T12:48:00.000-08:00

Many veterans don't realize all the benefits available to them and their family members. This book provides older veterans and their advocates with insider tips to help them get their full benefits, some of which pay for long-term care services.http://www.elderlawanswers.com/wsb-sliced/Article.asp?ID=8770§ion=&FirmID=80&Template=4

Florida Elder Law: Avoid Disagreements Between Your Power of Attorney Holder and Health Care Proxy

2010-12-19T12:46:00.000-08:00

A durable power of attorney and a health care proxy are two very important estate planning documents. Both allow other people to make decisions for you in the event you are incapacitated. Because the individuals chosen will have to coordinate your care, it is important to pick two people who will get along.A power of attorney allows a person you appoint -- your agent or "attorney-in-fact" -- to

Florida Elder Law: Prevent Your Power of Attorney from Being Ignored

2010-12-12T17:34:00.000-08:00

A durable power of attorney is one of the most important estate planning documents there is. It allows someone you appoint -- your agent or "attorney-in-fact" -- to act in your place for financial purposes when and if you ever become incapacitated. However, many people experience difficulty in getting banks or other financial institutions to recognize the authority of an agent under a power of

Florida Elder Law: Social Security May Soon Put Lid on Benefits 'Do-Over' Strategy

2010-12-04T11:51:00.000-08:00

The Social Security Administration may soon eliminate a loophole that allows Social Security recipients to claim benefits early and then apply for them again years later when they are eligible for larger checks.Although you can collect Social Security benefits starting at age 62, if you do, your benefits will be significantly lower than if you wait until your full retirement age or even later.

Florida Guardianship: Tips on Providing for Children with Disabilities

2010-11-30T06:17:00.000-08:00

One of the major concerns for parents or grandparents of children with disabilities is how to provide for their financial future. Here are some legal tips:- Buy enough life insurance. A parent is irreplaceable, but someone will have to fill in. In all likelihood, that person or family will have to pay for at least some services the parent or parents had provided when able. If the estate is not

Florida Elder Law: Choices for End-of Life Caregiving

2010-11-22T14:40:00.000-08:00

There are many decisions to be made when imminent death is approaching for a loved one. Questions regarding what type of care, medical assistance and even physical location for their last days confront us.If care at home has been given, should loved ones be moved to a facility or remain at home? If in a care facility should they be moved home for their last days? Will 24-hour care become

Florida Elder Law: Baby Boomers Can Sign Up For Medicare Online!

2010-11-17T07:22:00.000-08:00

This January marks a historic moment: our Nation's first baby boomers are turning 65.For many baby boomers, it's time to hit the computer. Even if you have decided to wait until after you are age 65 to apply for retirement benefits, most people should start getting Medicare coverage at age 65.If you would like to begin your Medicare coverage when you first become eligible, it's important that

Florida Elder Care: Great Link to Patient Turned Home-Care Advocate

2010-11-10T12:59:00.000-08:00

We just found this great link to Katie Beckett: Patient Turned Home-Care Advocate. There are four informative features within this story; it's an excellent data source. This is for reading/or listening when you have some spare time.http://www.npr.org/templates/story/story.php?storyId=131145687&sc=emaf

Florida Elder Law: Prevent Your Power of Attorney from Being Ignored

2010-11-07T17:52:00.000-08:00

Florida Elder Law: Court Rejects "Improvement" as a Criterion for Continuing Medicare SNF Coverage

2010-10-28T19:15:00.000-07:00

A federal district has ruled that an administrative law judge (ALJ) with the U. S. Centers for Medicare & Medicaid Services (CMS) improperly denied Medicare benefits to a patient in a skilled nursing facility. The ALJ had concluded that "[i]t became apparent that no matter how much more therapy the Beneficiary received, she was not going to achieve a higher level of function."After undergoing hip

Charitable Remainder Trusts: Income for Life and a Good Deed at Death

2010-10-20T17:36:00.000-07:00

Many people like the idea of leaving bequests to favorite charities in their wills. But instead of leaving money to a charity in your will, you can put that money into a charitable remainder trust and collect income while you are still alive. Charitable remainder trusts have many other advantages, including reducing your income and estate taxes and diversifying your assets. (Before making any

Florida Elder Law: GAO Report Raises Some Concerns About Regulation of Retirement Communities

2010-10-10T11:07:00.000-07:00

A report by the Government Accountability Office (GAO) warns that given the weak economy, Continuing Care Retirement Communities (CCRCs) are facing challenging times. While few CCRCs have gone bankrupt so far, CCRCs are primarily regulated by states rather than by the federal government, and states vary in how much they help ensure that CCRCs stay solvent or don't sharply raise monthly fees

Florida Elder Law: Howard S. Krooks Named Treasurer of NAELA

2010-10-04T17:50:00.000-07:00

Congratulations to Elder Law Associates partner, Howard S. Krooks, for being appointed treasurer of the National Academy of Elder Law Attorneys (NAELA). Mr. Krooks has previously served as secretary of NAELA and is a member of the Council for Advanced Practitioners of NAELA.

Florida Elder Law: How to Draft And Use DRA compliant promissory notes

2010-09-17T11:27:00.000-07:00

Recently, Elder Law Associates' partner Howard S. Krooks with co-author Michael J. Amoruso, published the following in The Elder Law Advocate:As we all know, on Feb. 8, 2006, President George W. Bush signed the Deficit Reduction Act of 2005 (the DRA) into law. Portions of the DRA constitute the first monumental changes to the Medicaid eligibility rules since OBRA 1993. By now,most states have

Florida Elder Law: Health Reform Law's Pre-Existing Condition Plan Kicks In

2010-09-13T18:39:00.000-07:00

Many Americans, including baby boomers too young for Medicare and disabled adults of any age, have been unable to obtain private health coverage at any price because of a pre-existing health condition. As part of the roll-out of the new health reform law, the U.S. Department of Health and Human Services (HHS) has announced the establishment of a new Pre-Existing Condition Insurance Plan that will

Florida Estate Planning: Reverse Mortgage Industry Taking a Hard Line on POAs

2010-09-07T13:38:00.000-07:00

Reverse mortgage lenders are now routinely second-guessing the legitimacy of power of attorney (POA) documents, according to industry sources. Presented with an agent seeking to take out a reverse mortgage on behalf of an incompetent principal, banks or brokers are typically asking for a letter from the principal's doctor stating that the senior was competent at the time the POA was executed, or,

Florida Elder Law: Ten Reasons to Create an Estate Plan Now

2010-08-29T10:09:00.000-07:00

Many people think that estate plans are for someone else, not them. They may rationalize that they are too young or don't have enough money to reap the tax benefits of a plan. But as the following list makes clear, estate planning is for everyone, regardless of age or net worth. (For more information on Florida estate planning, see our Estate Planning section.)Loss of capacity. What if you become

Florida Elder Law: Getting Your Affairs In Order When Planning Eldercare

2010-08-16T18:33:00.000-07:00

If we had a crystal ball and could see into the future, we would not need to prepare ahead for end of life decisions. James was 62 years old when a stroke made it impossible for him to communicate with his family. Neither his wife nor children knew anything about his financial or medical information. James had always taken care of things himself and left no written directives in his

Florida Elder Law: Report Looks at What People Are Paying for Long-Term Care Insurance

2010-07-28T23:01:00.000-07:00

More than a third (35.4 percent) of individuals who recently purchased long-term care insurance are paying less than $1,499 a year for the coverage, according to a new report by the American Association for Long-Term Care Insurance, an industry trade organization. The organization analyzed data on some 93,500 new long-term care insurance buyers. Age at the time of application plays an important

Florida Elder Law: 3d DCA on When You're Entitled to Statutory Attorney's Fees in Power-of-Attorney Litigation

2010-07-20T22:22:00.000-07:00

Bessard v. Bessard, --- So.3d ----, 2010 WL 1875627 (Fla. 3d DCA May 12, 2010)Durable powers of attorney (POAs) are an integral part of modern estate planning. The prevalence of POAs means they come up with some frequency in estate-related litigation [click here]. That's what happened in Bessard v. Bessard. What's interesting about this case is it's focus on F.S. 709.08(11), a little-known

Florida Elder Law: Case of the Month - Accepting Fiduciary Responsibility and Protecting the Principal

2010-07-13T21:23:00.000-07:00

James is 88 years old and his mental and physical health has been declining steadily over the past several months. As a result, he can no longer manage his financial or personal affairs or independently care for himself. A few of James' so-called "friends" began taking advantage of his declining mental capacity and stealing his money. Fortunately, James had engaged in careful estate planning

Ellen Morris and Howard Krooks Named To Florida Legal Elite

2010-07-12T20:57:00.000-07:00

Congratulations to Ellen Morris and Howard Krooks for being named to Florida Trend magazine's Florida Legal Elite 2010.

Florida Elder Law: How Risky Is Buying a Limited-Duration Long-Term Care Insurance Policy?

2010-07-05T22:09:00.000-07:00

More consumers are buying shorter-duration policies as a way to keep the cost of long-term care insurance affordable. For example, in 2009 almost one-third of individual buyers purchased a three-year benefit period policy, according to the American Association for Long-Term Care Insurance. But is that sufficient coverage or is the policyholder likely to run out of benefit dollars? According to a

Florida Elder Law: Make Sure Your Life Insurance is Not Taxed at Your Death

2010-06-28T21:39:00.000-07:00

Although your life insurance policy may pass to your heirs income tax-free, it can affect your estate tax. If you are the owner of the insurance policy, it will become a part of your taxable estate when you die. While the federal estate tax is currently zero, the exemption will be $1 million and the rate will increase to 55 percent on January 1, 2011, if Congress fails to act in the interim. And

Florida Elder Law: Case of the Month - A Self-Settled Supplemental Needs Trust Comes to the Rescue

2010-06-21T11:22:00.000-07:00

Amy is 58 years old and lives alone in an apartment that her mother left to Amy and her brother, Joshua. Their mother passed away suddenly in March, having done little to plan her estate, although she did designate Amy and Joshua as "payable on death" beneficiaries on her various bank accounts. Amy approached us extremely distraught over the fact that she was about to inherit one half of her

Florida Elder Care: Recognizing Symptoms of Dementia

2010-06-15T18:56:00.000-07:00

The Brown family reunion has always been an event everyone looks forward to. Family visits, games, stories and everyone’s favorite foods are always on the agenda. On the top of the menu is Grandmas Lemon Coconut Cake. Grandma always makes the traditional cake from her old family recipe. This year, however, the cake tasted a little on the salty side, perhaps a half cup full of salty.

Florida Elder Law: How To Avoid Exploitation of the Elderly

2010-06-08T19:22:00.000-07:00

The Trials and Heirs blog recently had an article about how to avoid exploitation of the elderly by a family member. They recommend:1. Getting expert advise who knows the ins and outs of Florida estate planning. I would also recommend using a Florida Estate Planning Attorney who is familiar with Florida Elder Law.2. Be careful of joint accounts as they can take the money or create ineligibility

Florida Elder Care: The Financial Health of Aging Seniors

2010-05-13T14:19:00.000-07:00

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

Florida Elder Law: The Florida-New York Connection

2010-05-03T18:32:00.000-07:00

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,

Florida Elder Care: Vitamins and Mineral Supplements Are Important for Older People

2010-04-10T19:23:00.000-07:00

Research has discovered that as we age, our diets and our need for dietary supplements become more. Doctors are increasingly concerned about boosting the levels of vitamins and minerals that we need as we grow older. As most people get older, they tend to eat less due to a loss of appetite. As a result, many elderly individuals do not take in adequate amounts of vitamins

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2010-03-12T12:21:00.001-08:00

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Florida Elder Care: Employer Support for Care Giving Employees

2010-03-10T14:29:00.001-08:00

“There are only four kinds of people in this world. Those who have been caregivers, those who are caregivers, those who will be caregivers, and those who will need caregivers.” Rosalynn Carter, Former First LadyThe U.S. Department of Labor estimates that in the year 2010, 54% of workforce employees will provide eldercare for a parent or parents and that nearly two-thirds of caregivers will

Florida Elder Care: Caregiver Tip - Ask Questions of the Doctor

2010-02-23T14:25:00.000-08:00

The Department of Health and Human Services Agency for Healthcare Research and Quality has provided a top notch WEB page to guide us all in improving the healthcare we receive by being involved, interactive and asking questions. They list the ten primary questions as: 1. What is the test for?2. How many times have you done this?3. When will I get the results?4. Why do I need this surgery?5. Are

Florida Elder Care: Caring for Senior Veterans – VA Long Term Care Benefits

2010-02-08T13:33:00.000-08:00

In the month of February we celebrate Presidents Day in honor of two great United States Presidents; George Washington and Abraham Lincoln. Both were heroes of wars fought on U.S soil for freedom and unity of our great country.The United States has fought many wars throughout the world since that time to keep freedom here at home and continues to do so. From the beginning our country has

Elder Law Care: Healthcare-Associated Infections: New Information Web Site

2010-01-28T13:17:00.000-08:00

For those people who are caring for an elder parent or relative (and that's most of our clients) healthcare-associated infections are not a new issue. But what you need to know is that this is a largely preventable problem.Recognizing the rapid growth in cases of hospital-related infections like MRSA and ventilator-associated pneumonia (VAP), a new Web site has been created. Called "Not on My

Florida Elder Law Attorneys Specialize in Helping the Elderly

2010-01-12T16:18:00.000-08:00

Many elderly persons rely entirely on their children, family members or other trusted individuals to help them. This dependence upon caregivers or family members makes an older person more vulnerable to abuse and financial exploitation. Legal arrangements and protective actions by family may be necessary to shield loved ones from making bad decisions or from being taken advantage of. It is very

Florida Elder Law: Bank Pays for Refusing to Honor Request Made Under a Power of Attorney

2010-01-10T13:22:00.000-08:00

In a recent Florida case, Bank of America rebuffed the request of an agent under a durable power of attorney (POA) to withdraw funds from a jointly held account. The agent fought back in court and just won a $64,000 judgment against the bank. (It's always important to find a qualified Florida Elder Law Attorney who can litigate the cases.)Clarence Smith, Sr., named his son, Clarence Smith, Jr.,

Florida Elder Law: Who Was Supposed To Be Watching Grandma?

2009-12-20T17:36:00.000-08:00

There is a popular tune played this time of year called “Grandma Got Run Over by A Reindeer” which relates that Grandma -- after drinking too much eggnog -- went out into the winter cold to get her medication and was run over by a reindeer. The question is, “Who was supposed to be watching Grandma?” Though this little tune is just for fun, it may very well raise alarms to many caregivers of

Have You Planned for the Future of Your Loved One with Special Needs?

2009-12-16T18:44:00.000-08:00

Caring for a child or loved one with special needs carriescertain challenges that many cannot understand, and yettoo many of us are confronted by these challenges on adaily basis. A Special Needs Planning Attorney can assistyou with Medicaid Planning, planning for your lovedone with special needs trusts and comprehensive estateplanning. A Special Needs Planning Attorney recognizesthat caregivers

Florida Elder Care: Long Term Care for Senior Veterans

2009-11-15T14:59:00.000-08:00

In the year 1919 President Woodrow Wilson proclaimed November 11 as Armistice Day to honor those Veterans who served during World War I. On November 11, 1954, Armistice Day was proclaimed a legal national holiday and the name was changed to "Veterans Day" to honor all veterans of all wars.Every November 11, ceremonies are held throughout the United States honoring Veterans of wars. A National

Florida Elder Law: Protect Yourself from Financial Exploitation

2009-10-20T18:17:00.000-07:00