Elder Law - Elder & Estate Planning Attorneys

Five Tips For Helping Your Senior Loved Ones Avoid Feeling Isolated During COVID-19 And Beyond

Have you considered that our senior citizens may have been one of the groups most impacted by the COVID-19 pandemic, not just because they are the citizens with the highest fatality statistics, but also because they are forced into isolation to best ensure their safety? Many of them have lost their spouses, live far away from family, or live in a facility that may not allow visitors or only limited visitors during the pandemic. Let us review five tips for helping our senior loved ones stay connected during and after the pandemic.

1. Increase your virtual contact. Make sure you are contacting your senior loved ones as much as possible, even if it is just a daily text message to say hello and to tell them you are thinking about them, it can give them something to look forward to every day.

2. Send cards and gifts. Show how much you care by sending cards or small gifts to make them feel special and loved.

3. Photos or videos of grandkids. Nothing may brighten up the face of our seniors more than seeing children. Since they probably cannot visit, make sure they still get to see their grandchildren. Send framed photos or photo albums that they can keep in their room. Text pictures and videos that they can save to their phone and view anytime they want.

4. Schedule virtual activities. Get activities on the calendar. Maybe you can schedule a weekly “story time with grandma” and block off a time when your senior loved one can read to a grandchild over Zoom, Facetime, or another virtual platform. Maybe your senior loved ones like to play board games and you can schedule a weekly virtual game night. Putting an activity consistently on their calendar can help keep them engaged in the family and avoid feeling isolated.

5. Visit outside. If feasible, and weather permitting, try to have outdoor and socially distant visits to get your loved ones out of the house and connected with you in person. You could go for a walk or have an outdoor picnic to brighten their spirits.

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

Medicare Open Enrollment 2020: What You Need to Know

Are you ready for Medicare Open Enrollment? Every year, Medicare health and drug plans make changes to costs, coverage, providers, and pharmacies in their networks. Have you considered that, between coverage changes and health condition changes, it may be wise to revisit health plans during the open enrollment period annually? This year, Medicare’s annual open enrollment period begins October 15th and ends December 7th.

For those already on Medicare, you should have received an “annual notice of change” from your Medicare plan in September. This letter explains all the changes coming in the new year, including coverage and costs such as premiums, deductibles, and copays. Review your medical expenses over the last six months, including a list of the doctors you see regularly and the medications you need.

Medicare beneficiaries without some sort of Medicare Supplement Insurance (Medigap) may face Medicare cost-sharing if they have health problems. Original Medicare pays for much, but not all of the cost for covered health care services and supplies. A Medigap policy can help pay some of the remaining health care costs, such as copayments, coinsurance, and deductibles.

If you are not able to purchase a Medigap policy, a Medicare Medical Savings Account (MSA) might be a good option. MSAs combine high-deductible insurance plans with a medical savings account that you can use to pay for your health care costs.

Medicare Advantage plans are a type of Medicare health plan offered by a private company that contracts with Medicare to provide all of your Part A and Part B benefits. Most Medicare Advantage plans also offer prescription drug coverage. Before switching to a Medicare Advantage plan, be sure to examine it closely to see if it makes sense. While many have $0 premiums, the out-of-pocket costs can be high, or your hospital or your doctor may not be in-network.

The Medicare Plan Finder on is an online tool from the government to help you select a plan. After you enter your zip code and details about your medications and whether you receive them by mail, you can compare plans available in your area. You can also try the State Health Insurance Assistance Programs, which offer free local counseling to enrollees, or call 1-800-MEDICARE.

For help evaluating your Medicare coverage options and which plan may work best for you, contact our office today to schedule a meeting time.

Elder Law – Three Documents Necessary During Any Emergency

If you are watching this video, you are concerned about what documents you need during an emergency. I’m talking about estate planning documents.

I’m Annè Desormier-Cartwright, of Elder and Estate Planning Attorneys, and I’m here to talk to you about the documents you want access to during an emergency and how to gain that access.

The first document is the Durable Power of Attorney. That’s where you name an agent to act for you. In Florida, a Durable Power of Attorney is immediately effective upon signing. That means it can be a dangerous document, so you must name an agent to act for you that you trust.

The second document is your Healthcare Power of Attorney. This document allows somebody to make health or medical decisions for you when you are not able to. This is a very important document as we come into hurricane season, because if you’re unable to make your decisions because you get hurt this is the document the medical provider will rely on to get you the medical help you need.

The third document is a Living Will, or an Advance Care Directive. That’s where you tell the world, “Keep me alive artificially, or don’t.” “Pull that plug, I don’t want to be kept alive.”

I get it, these documents can be overwhelming, the concepts confusing. We are here to help. Give us a call, the number is below.

(561) 694-7827

Helping Your Aging Parent Decide to Leave Their Home

One of the biggest challenges for parents and adult children is adjusting to the inevitable role reversals that come with age. As our parents get older, they may find it harder to do some of the things they once took for granted. They may also find it harder to admit that day-to-day tasks are becoming more challenging. As their adult children, it is then up to us to help them make difficult decisions. One is deciding when it is time to leave their home.

Some facts and figures to ponder.

Before you talk to your parents about a permanent move, consider the following.

Approximately 90 percent of the participants in a recent survey are planning on staying in their current homes for the next five to 10 years. Of these, a significant number, 85 percent, are convinced they can do so without making any major changes to their homes.
The top two reasons for aging at home given by survey participants were proximity to friends and family and staying in a home they like.
More than 60 percent of seniors between age 60 and 70 reported finding it “very easy” to live with little or no assistance. On the other hand only 43 percent of those over 70 do so.

What to look out for as an adult child.

As an adult child, you may feel the need to walk a very fine line. How do you know when it is time to talk to your parents about certain concerns, and when is it time to intervene? This may be especially difficult if you do not live near your parents and only see them occasionally. The following are clues that it could soon be time for your parents to leave their home:

Trouble getting around
Noticeable decline in health, especially due to chronic illnesses
Poor hygiene
Disheveled appearance
Poor nutrition
Slower recuperation from illness or injury
Failure to take medications as prescribed
Difficulty with household chores and maintenance
Ignoring mail
Failing to pay bills on time
Evidence of difficulty driving
Confusion or becoming easily disoriented in familiar surroundings
Difficulty caring for pets

We understand the challenges of finding a new place to live and being able to afford it as you age.

Figuring out where your parents may live after they move out of their house may also pose its own set of challenges. The decision is usually based on several factors, including their overall health and what they can afford. Options for seniors who still have significant independence include smaller homes or apartments and senior/retirement communities. Other options include assisted living and long-term care facilities, such as skilled nursing homes.

Starting to think about these issues well in advance can help alleviate some of the stress and heartache that you and your parents may face during this transition. We want you to know that we are here to support you now and in the long-term. Please feel free to call our law firm to schedule a meeting at any time.

Helping Your Loved One Plan After a Chronic Condition Diagnosis

Did you know that approximately 60 percent of Older Americans live with a chronic condition? Conditions such as arthritis, asthma, and diabetes can require frequent medical treatment, close monitoring, and costly medications. As such, your loved one may feel overwhelmed with the increasing cost of care and new challenges he or she may be facing. One of the best ways to put your loved one’s mind at ease is to help him or her with the planning process. To help get you started, let us share with you a few tips for helping your loved one plan after a chronic condition diagnosis.

Perhaps the most important first step is to talk to your loved one about his or her diagnosis. Your loved one may be uncertain about the impact this could have on his or her life. To help educate you both about the condition in question, we encourage you to take some time to research the condition together. Be sure to determine the symptoms your loved one may present and the challenges he or she may face as a result of the condition. You may also wish to research treatment plans that may help make your loved one more comfortable as the condition progresses.

Once you and your loved one have a better understanding of your loved one’s condition, it is important to review any planning he or she has already completed. Evaluate whether his or her current estate plan has protections in place, right now, for this type of unexpected situation, including any long-term care plans. Some important components to look out for include your loved one’s health care coverage, insurance, and whether he or she has a durable power of attorney.

Above all, do not hesitate to speak with an experienced estate planning attorney to help guide you and your loved one through this challenging time. Further, an estate planning attorney can advise you on the steps you could take to plan for a loved one with a chronic condition and account for his or her specific needs.

If this article raises more questions than it answers for you, do not hesitate to ask us your questions. Your loved one’s safety is important to us, and we are here to be a resource for you. We look forward to discussing your questions and supporting you with your particular needs.

Going Through a “Gray Divorce” Requires Keeping an Eye on Retirement

We know that going through a divorce can be a traumatic experience for anyone at any age. Younger and middle-aged couples often face the unfortunate challenge of splitting up with children involved. Older couples face their own harrowing challenges, particularly if they have been married for a long time and are beyond their prime working years.

Many older adults no longer possess the desire to climb the corporate ladder or compete in the job market, if they are able to work at all. Further, with their shared nest eggs and investments that can be greatly reduced through a separation, it is recommended that older couples keep an eye on their retirement accounts when going through a “Gray” Divorce.

As always, meeting with an experienced attorney should be one of your first steps if you are considering a divorce. When it comes to separating later in life a consultation with an estate planning and elder law attorney is critical so you may discuss the impact on your long-term care options. Let us share a few tips to help you through this process.

1. Seek wise counsel. Obtaining a qualified attorney is a must, but a financial advisor or attorney with estate planning experience can be an added advantage. They can help organize long-term retirement goals, set up estate documents, and provide information and guidance for negotiating a favorable divorce settlement.

2. Obtain documents. Whether you or your spouse was in charge of your legal, financial, insurance and tax documents, it can be critically important to obtain copies for your divorce negotiations and retirement planning. Think of these items as the bedrock for your financial future.

3. Be financially prudent. It is true that there is more to life than money, as evidenced by the love and compassion that once led to your marriage. Money, however, is an inescapable part of life, and the older one gets the more important financial stability becomes.

4. Make sound financial decisions. This is important throughout the course of a “Gray” Divorce proceeding, as well as, with post-divorce decisions about the lifestyle one can realistically afford. A healthy goal would be the funding a comfortable, long-term retirement and building up from there. It may be easier said than done, but it is not impossible.

Knowing that you are financially supported in your latter, non-working years can bring peace of mind during a difficult time. It may also allow you to live out your golden years with a greater sense of enjoyment amid your new family circumstances. Do not wait to contact us with your questions

Help Seniors Prevent Scams This Elder Law Month

May is National Elder Law Month. This month, and every month, our goal is to ensure that seniors have the support they need to live healthy, full, and safe lives. This includes not only planning for their future with Florida estate planning and long-term care planning solutions, but ensuring they are safe from any potential threats.

Right now, research shows us that seniors or “Older Americans”, continue to be one of the most targeted groups by criminals. “Older Americans” are those people who are over the age of 60 living in America. As a generation, this group is more targeted by scammers because they are perceived to be less aware and more easily taken advantage of.

One of our goals this month is to ensure that Older Americans are aware of scammers who are trying to take advantage of them. We want to share with you several of the scams that are on the rise and continue to target Florida seniors month after month.

1. Mail scams. As a generation, Older Americans are one of the last remaining groups to still read every piece of mail they receive. Seniors are considered more trusting of mail. This is why scammers will send incentives, threats, and overt promises to seniors in the mail. As a senior, you need to be extremely discerning of the mail that you read. Do not provide financial information through the mail and avoid providing your private information to anyone you do not have a personal connection to.

2. Utility Bill Scams. The utility bill scam continues to be on the rise. In the utility bill scam, the scammer calls the senior or sends a letter telling him or her that unless money is paid immediately, the senior will lose his or her utilities. This can be a terrifying prospect for a senior. Should you receive any type of communication like this, do not interact. Instead, contact your utility company independently to ask questions. Do not use the number or address provided by the potential scammer.

3. Hurricane insurance scams. In Florida specifically, hurricane insurance scams are on the rise. Through this type of scam a fraudulent insurance company pretends to be able to provide additional support and security to Older Americans. You may receive a phone call or a piece of mail promising complete coverage in the event of a storm in exchange for information and money right now. While there are valid types of hurricane insurance, do not trust a phone call or a piece of mail. Instead, talk to a licensed insurance provider before taking a step forward.

4. identity theft scams. Today, there are more and more identity theft scams targeting seniors. The goal is for the senior to give up valuable, private information that will enable the scammer to take his or her identity and access all assets. Only provide information online in limited circumstances where you know it is safe to interact. In addition, consider investing in a security protection service that will monitor your identity and ensure it is not taken by a predator.

We know how challenging facing any of these scams can be. If you have questions or know of a scam you feel we should be aware of, do not wait to contact our office. We are here to support you and your family and make sure you do not fall victim to any of these crimes.

Essential Tips Every Caregiver Needs to Know

Providing care for aging loved ones is a tremendous act of kindness. It’s also not without its challenges. We see our clients face new situations they were not prepared when they take on this new responsibility. Let us share with you several tips every caregiver needs to know.

1. Start the conversation now. Nobody wants to sit down and talk to aging family members about getting older, much less about potential illnesses. Heart disease, dementia and Alzheimer’s aren’t anyone’s idea of fun chit-chat. But it’s critical to breach the subject of gaining now in order to be prepared later.

2. Learn as much as you can about your loved one’s health. Like the old adage: Knowledge is power. Understanding current or likely health scenarios can provide the basis for making the best possible decisions.

3. Go to the doctor with your loved one. If you really want to know what’s going on, you have to be in the room. Medical diagnoses can be difficult for anybody. Why take the chance on missing something important?

4. Keep safety a top priority. One in three adults over age 65 report falling. Removing wheels from chairs, adding lights to staircases, grab bars to bathrooms, and rearranging furniture are simple ways to decrease accidents. Worn monitors and alerts can also be extremely helpful in the event of an emergency.

5. Older adults don’t just hand over their car keys. Unfortunately, there’s a point when driving is no longer a good idea. The same is true for paying bills and managing financial affairs. Caregivers should understand that these are difficult losses of independence, and should approach the subject with compassion.

6. Practice communicating and develop behavior management skills. It can be draining, even frustrating, to provide care for an elderly person. There are numerous classes, books and online trainings devoted to developing these skill sets.

7. Look into home-based services. Home-based caregiving services are available in most areas. Veterans Affairs or community-based organizations offer an array of services, such as music and speech therapy.

8. Do your homework when hiring paid-caregivers. Paying others to provide care is a great option, even if only part-time. But not all paid-caregivers are the same. Make sure to research reputable agencies and regularly monitor the situation.

We know this is can be an overwhelming time. Do not wait to contact our office to schedule a meeting and address your elder law needs.

5 Signs of Caregiver Burnout

The role of the family caregiver is one of the most underrated and stressful jobs there is. Most caregivers selflessly take on the responsibility of caring for a family member who is physically injured, mentally ill, diagnosed with an illness or has become too frail to take care of him or herself. Constant hands-on care, doctor appointments and administering medicine are just a few of the serious duties that a caregiver will manage on a daily basis.

This responsibility can weigh heavily on caregivers. It is not uncommon for caregivers to feel burnt out. The physical, financial and emotional stress can easily compound over time. As a result of this stress, the caregiver’s mood can quickly switch from positive and caring to negative and unconcerned.

If you or someone you love is a caregiver, you need to watch out for burnout. Let us share a few signs of caregiver burnout that we see in our practice.

1. Withdrawal from friends and family.

This may seem subtle at first. The caregiver may claim he or she is “too busy” or “too tired” to join in plans and socialize. If the caregiver continues to withdrawal from friends and family over an extended period of time, however, he or she may be experiencing burnout. Further, the caregiver may want to spend time alone but feel guilty when not present with ill or elderly loved ones.

2. Loss of interest in previously enjoyed activities.

A sense of helplessness can accompany caregiving, especially if the caregiver’s loved one is extremely frail or ill. Sometimes, a form of depression accompanies the sense of helplessness. Caregivers also may lose interest in previously enjoyed activities or may feel guilty taking part in activities when their loved one cannot.

3. Feelings of wanting to hurt the person being cared for.

A sense of frustration may occur when a caregiver is burnt out. This can arise for a number of reasons including, but not limited to, when the person being cared for does not follow directions, cannot understand what is being said or the caregiver is unable to leave the home. A feeling of wanting to hurt the person being cared for is a common sign of caregiver burnout. Frustrations with these responsibilities, however, should never turn physical. When feelings towards the person become negative, it’s time to take a step back and remember this person is family.

4. Feeling increasingly irritable.

Caregiving is a difficult and stressful job, but it should not affect someone’s mood for the long term. Long-lasting irritability and a short temper are common signs of caregiver burnout. This includes taking frustrations out on other people, finding it difficult to see positivity and happiness, and feeling negative even when nothing wrong has happened.

5. Feelings of self-harm.

One of the most severe signs of caregiver burnout is feelings of self-harm. When the pressure has reached its peak and the stress and responsibility adds up, a caregiver may become so depressed, stressed and anxious that self-harm may seem like the only option. Know that these feelings are temporary, and it is important to speak with someone about self-harm.

Caregiving for a family member is a stressful job. If you or someone you know is a family caregiver, be sure to look out for these common signs of caregiver burnout. For more information, do not wait to contact a member of our legal team today!

Category: Elder Law