Category: Senior Living

Are There Ways Technology Can Help Florida Seniors Age in Place?

Are there ways technology can help Florida seniors age in place? Absolutely! You may not realize that when used appropriately, the right technology can make it easier for Florida seniors to engage with their family and friends and remain healthy and safe in their independent living situation.

Do you have a Florida senior loved one or know a Florida senior who wants to age in place? In fact, they have always lived in their own home, taking care of themselves by handling their own shopping, cooking, medications and driving to appointments. Do you only call or visit occasionally? However, are you beginning to notice that your senior loved one or senior friend are beginning to age and may need some extra help? Are you wondering where that help can come from? We would like to share a few technologies that might help your Florida aging loved ones and friends. We encourage you to share and discuss these technologies with your senior loved ones and friends. We also recommend that you and your senior loved ones and senior friends should consult with their primary care practitioners to help identify areas where technology may help them now and in the future.

To begin, we know that health and wellness are very important for your senior loved one and you. Technology may be of great assistance, in fact in the aftermath of Covid 19, many of us are familiar with telehealth. This technology will enable your senior loved ones to manage their illnesses and connect with their health care professionals while at home. Be proactive and plan to assist your Florida senior and friends during the first few video visits that they have with their physicians. By helping them you will give your senior loved one and friends the confidence to connect with their physicians independently. Another very useful technology is medication management. These technologies can dispense medications, issue reminders, monitor medication usage, and notify caregivers when doses are missed. Two of the products available to consumers to purchase or rent are epill, and MedMinder.

Next, it is very concerning that many of our senior loved ones and friends are often isolated or lonely. This is an area of technology that can definitely help. A cell phone, which for many is a simple technology, can increase the ability of our Florida seniors to connect with all their family and friends. For your loved ones, you can even look for phones with large buttons and clear screens. The Lively Flip phone was designed for seniors, and comes with a special one-click button to connect with a member of the Lively Response Team. This team can summon help or connect the caller with a board-certified doctor or nurse. Florida seniors with a hearing loss may have help with a captioning app like Clear Captions, which will enable them to read the phone.

Finally, to enable your senior loved one to age in place, consider a Medical Alert System. In fact, this type of system now comes standard in many home security systems. There are immediate responses for crises such as falls, as well as daily check-ins to make sure your loved one is alright throughout the day. You should start by determining if your loved one would wear a care button or bracelet to have immediate access to help or if there needs to be a home monitoring system instead. There are many companies available to choose from.

We know this article raises more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Can You Afford a Nursing Home If Your Loved One Has Parkinson’s Disease?

Have you and your family recently learned that a loved one has received a diagnosis of Parkinson’s disease? Has your loved one learned that his or her ability to walk, bathe, and dress may become increasingly impaired? In addition, your loved one may face an increased risk of falls. In the future, as the Parkinson’s progresses you, your loved one and your family may be faced with the difficult decision of placing your loved one in a nursing home. With the decision to place a loved one in a nursing home, the question will be how to afford the exorbitant cost of the nursing home.

As you, your loved one and your family determine how to pay for a nursing home, find out if your loved one is in possession of any type of benefits which may cover the cost of a nursing home. For example: a long-term care insurance policy, life insurance policies, which can be cashed out, or veteran’s benefits. If your loved one does have one or more of these benefits be sure to gather copies of all the supporting documents of these policies, which may include copies of insurance policies or proof of veteran’s benefits. Having this conversation now about nursing home coverage with your loved one and family can help guarantee you have the required proof of coverage should your loved one’s mental capacity decline.

An excellent next step may be to meet with a qualified Florida elder law attorney. In addition to determining the existence of benefits, you, your loved one and family can meet with an elder law attorney to find the most reliable ways of determining how to afford a nursing home when the time comes. An elder law attorney, who is experienced in the area of long-term care planning, can assist with the review of any benefits you believe may cover the cost of a nursing home. Be aware that Medicare does not cover the cost of long-term nursing home stays, but state Medicaid does. Because Medicaid eligibility is based upon your loved one’s assets, a qualified elder law attorney may assist in the drafting of planning documents, such as a trust, which may make your loved one Medicaid eligible. Medicaid planning is best conducted early in your loved one’s diagnosis because there are time limits on the transfer of assets which may affect Medicaid eligibility.

We are very aware that a diagnosis of Parkinson’s disease can be very stressful to your loved one and family and we know there may be many other issues to navigate. By working with an estate planning and elder law attorney as soon as diagnosis is made may be the best strategy of helping to assure your loved one will be able to afford a nursing home, when the time comes. We know you and your family will want the peace of mind that your loved one will receive the care he or she deserves as the disease progresses, so that all of you can focus on sharing quality time in the present and in the future.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Understanding How to Keep Seniors Safe from Sweetheart Scams Throughout the Year

Are you a senior living in Florida? Are you aware of the tragic fact that Florida seniors are prime targets for cyber criminals? This is because it is perceived that seniors have access to money, are less tech-savvy than younger adults, and suffer higher incidences of loneliness and social isolation. There is a type of scam called the romance scam, or “lonely heart” scam, that is rising among seniors. According to the Federal Trade Commission, romance scams stole more than $304 million from Americans in 2020. Whether you are one of the Florida seniors who are prime targets for cyber criminals or have a loved one who is a Florida senior, let us share a few key tips about how seniors can protect themselves throughout the year.

Cyber criminals meet their victims online and present themselves as interested in genuine love or companionship. Once they have made an emotional connection with the senior he or she is typically lured into buying gifts, sharing personal information that can be exploited by identity thieves, and sending money through credit cards or financial institutions. As a major precaution, a senior should discuss any new online relationship with friends, family, and caregivers and pay attention to any advice they may give.

Keep in mind that it is never a good idea to send money to a romantic interest you have not met in person. It is a major red flag if a new social media or message board love interest asks you to send money, personal information, or data to access your bank account! Do not do it, in fact, no matter how tempting it is, you should break off all communication immediately. This is just one of the ways Florida seniors are prime targets for cyber criminals. Do not offer to accept money either, as it may be another way of gaining access to your financial accounts, or it may be an illegal money laundering trap.

As a Florida senior, you should always be extremely cautious if you spot a nice floral arrangement pop-up ad, get a thoughtful e-card from an odd acquaintance or stranger, or any other online gift. Remember to look for telltale signs of fraud before clicking on any online buttons. There are numerous fake websites and advertising scams out there that look real to the untrained eye, but are in fact fraudulent. In addition, also:

• Be wary of websites and offers that do not accept common payment providers like Visa, Mastercard, and PayPal.
• If you are going to buy something, stick to reputable websites that you already know.
• Avoid online greeting cards from unknown sources as they could be infected with malware.
• Google a curious website or ad’s name + “scam” or “complaint” and see what pops up.

Never forget that Florida seniors are prime targets for cyber criminals and be on guard at all times. If you or someone you know has been the victim of online romance scams, do not wait to contact law enforcement.

Most importantly, make sure you have picked an advocate who has the legal authority to act for you in a crisis that leaves you incapacitated. Under your Florida durable power of attorney your agent will be able to monitor your identity and accounts when you cannot to ensure that you do not fall victim to any scams. We encourage you not to wait to ask us, your Florida elder law attorney, any questions on this or any important issue facing Florida seniors today.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Do You Know the Pros and Cons of Planning for Medicaid Early in Florida?

Are you a senior living in Florida and enjoying your golden years? That is good, but are you also considering your future? Have you started planning for any long-term care needs you may have in the future? Right now would be a good time to begin to investigate how you could pay for your care if you were to need it in the future. Let us discuss more about planning for long term care in the Sunshine State.

Are you planning for Medicare coverage as an option for long-term care? Unfortunately, even though you use Medicare for your health insurance, it will not cover much in the way of long-term care, whether in a nursing home or in your own home. Although Medicare is what most senior citizens use for health insurance, it has an extremely limited nursing home benefit, covering only up to 100 days of care and only in some circumstances. It is not a reliable source of coverage if you end up needing real long-term care.

Are you wondering what other options for long-term care are available for seniors? Some seniors may rely on family members to help as they get older. There may be an adult child or another relative who can come to the senior’s home regularly or the senior may be able to move in with them. We are, however, living longer these days, and with different generations living in different parts of the country, in-person consistent help from family might not be something you can rely on. This may be particularly true if your children are raising their own children at the same time you need the most help.

If you have no other options, you might be wondering what to do next. A Florida elder law attorney is an excellent next step. Make an appointment and consult with a Florida elder law attorney who specializes in Medicaid planning to find out whether you qualify for Medicaid or how you can plan to qualify for Medicaid when the need for long-term care arises. Qualification depends on your income and assets at the time of your application for coverage. The sooner you meet with a Medicaid attorney, the better the attorney may be able to help you plan for the future. If you are able to qualify for coverage, Medicaid will cover all nursing home costs you may need in the future.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

What is the VA Pension and Is Your Loved One Eligible?

What is the VA pension? It is a non-service connected pension, available each month to a permanent and totally disabled veteran when the veteran is 65 years of age or older, honorably discharged after at least 90 days of active duty with one day being during wartime, and experiencing financial need.

Does the veteran over age 65 have to prove that he or she is actually disabled? No, it is presumed that because the veteran is over 65 that the veteran is disabled. A veteran who is younger than age 65, however, must demonstrate that he or she is permanently and totally disabled in order to receive this financial assistance. In fact, this disability for a person under age 65 must be an impairment that renders it impossible for the average person to follow a substantially gainful occupation. This impairment must be one that is reasonably certain to continue throughout life.

What are the three types of monthly non-service connected pensions that are paid by the Veterans Administration to offset the cost of necessary health care? They are: Low Income Pension, Housebound Benefits, and Aid and Attendance Benefits.

In addition, there may be an extra benefit amount if the claimant is “permanently housebound.” The person demonstrates this by being substantially confined to his or her dwelling and knowing that this condition will continue throughout his or her lifetime.

When the disability and wartime service test is met, and before the veteran may begin receiving a VA pension, a three part means test qualification must be met. First, the payments to the potential claimant, his or her spouse, and dependent children from all sources are considered. This also includes recurring income such as social security and pensions, as well as irregular income for the next twelve months.

The unreimbursed medical expenses are then excluded from income. Unreimbursed medical expenses include but are not limited to Medicare Part B premiums, Medigap premiums, Medicare Part D premiums, and prescription drug payments as well as caregiver expenses or recurring assisted living expenses. The gross income less the unreimbursed medical expenses will determine the claimant’s Income for VA Purposes (IVAP). The goal is for the IVAP to be $0. This is because there is a reduction against the Monthly Maximum Pension Rate (the income limit) for every dollar of IVAP.

We know the ins and outs of VA Pension can be confusing. Do not wait to schedule a meeting to ask your questions and address your concerns this November, or anytime throughout the year.

5 Tips For Caring For Aging Seniors During National Elder Law Month

Did you know that May is both National Elder Law Month and Older Americans Month? It is a month in which we celebrate our seniors and those who assist seniors in navigating their planning needs. Caring for your senior loved one can be stressful and difficult at times, but also very rewarding. Let us take a look at five tips to employ when you are caring for your aging senior to make your life, and his or her life, a little bit easier:

1. Be organized. When caring for your senior loved one you may find the amount of assistance that is actually needed, overwhelming. In addition to ensuring that your loved one’s medical needs are attended to by the appropriate healthcare professionals, you may also need to provide your loved one with assistance in regular daily tasks like getting dressed, eating meals, and taking medication. Creating schedules and to-do lists can help you make sure you are able to keep everything on track

2. Be patient and flexible. The needs of your loved one, and his or her condition, may be ever changing and it can be important to help ensure that he or she understands that you are there to provide support, no matter what. 

3. Be consistent. Keeping bedtime, mealtimes, activities, and social events as consistent as possible can provide structure and help you and your senior loved one create expectations for each day.

4. Share caregiving responsibility. If all of the caregiving falls on your shoulders, you may burn out quickly. If possible, share the caregiving responsibilities with relatives or friends so that you are not solely responsible for all tasks.

5. Seek the advice of an elder law attorney.  You should also contact an elder law attorney to discuss how to best plan for your senior loved one’s long-term care. Care for our seniors can be very expensive, but there are a variety of state and federal programs in place that may help alleviate a lot of the financial burden.

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.

National Clean Out Your Medicine Cabinet Day

Did you know that Friday, April 16, 2021, is National Clean Out Your Medicine Cabinet Day? With social distancing measures still in place, and everyone still spending lots of time at home, it can be a great time to participate in cleaning out your unused or expired medication. Doing so on this day can be great preparation for National Drug Takeback Day, when local businesses, doctor’s offices and pharmacies will have collection bins where you can safely dispose of your medications.

One important reason to clean out your medicine cabinet may be that expired medication can be potentially harmful. First, there may be a direct risk that other people could get into unused or expired medication that they should not be able to access. For example, many common medications are safe when taken as directed and within their shelf life but can turn toxic over time after their expiration date. Tetracycline is a great example of this. Similarly, many over the counter medications are safe when taken as directed, but not so safe after they expire, and your kids or spouse may forget to check the date on the bottle before popping it open. It may be best to keep a regular eye on expiration dates and dispose of medication promptly to avoid this. Of course, there are also many people in our communities who struggle with substance abuse, whether opioid addiction or a different drug problem. Many prescription drugs can be misused or abused, with fatal effects.

You should not throw medication in the garbage. Medications thrown into the garbage can leak into the soil and can cause toxicity in the environment. You should not flush medications down the toilet either, as they then leak into the water supply, with harmful effects on both humans and wildlife.

On National Clean Out Your Medicine Cabinet Day you can clear out any unused, expired, or otherwise unwanted medications and keep them in a safe and secure place. The following weekend is National Drug Takeback Day. At that time, you should be able to dispose of your medication in one of many collection areas in your community. 

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.

Three Tips on Helping a Loved One Deal with Memory Loss

Whether an Alzheimer’s diagnosis or just the memory loss that can come with aging, watching a loved one struggle to recall important events or little daily details can be painful. It can be important, however, to keep your expectations realistic and assist them where you can. Do you have a loved one dealing with memory loss? Let us discuss three tips on how you can help.

1. Offer Help Where You Can. Your loved one may be too proud to ask for help or refuse it when you offer. Still, it can be important to keep trying. You may not need to micromanage everyday life. You can and should make sure your loved one remembers important doctor’s appointments and major holidays and events that he or she needs time to prepare for. If it feels like you are always the person reminding your loved one and he or she expresses frustration with the dynamic, you can ask other relatives to step in and assist as well so that it eases any tension that can build up in a caregiver relationship.

2. Make Time to Grieve. You may be disappointed when your loved one forgets things that are meaningful to you. Remember that your loved one may likely also be forgetting things that are important to him or her, and to other children or grandchildren. It is okay to be upset when this happens. It can also be important to make time to grieve the loss of the type of relationship you had with your loved one before memory loss. You can still have a fulfilling relationship now, but it may not be the same. 

3. Assist with Estate Planning. Before your loved one experiences memory loss to the point that he or she is unable to make major decisions, check in about his or her estate planning. Make sure existing documents are updated and start from scratch where essential documents do not yet exist. If you wait to do this, it might be too late, if your loved one gets to the point where he or she is not able to fully understand his or her legal and medical affairs. 

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.

Why a Florida Prenup Should Be at the Top of Your Estate Planning To Do List

Were you aware that a Florida prenup can be a useful tool in estate planning? While most people assume that prenuptial agreements are only used to protect assets in the event of divorce, this is far from the only reason why many engaged couples choose to create one. 

Couples can use a Florida prenup to designate which assets should be considered separate property, and which are community or shared property. Making this distinction before marriage can prevent separate assets from being wrongly classified as community property when a spouse dies. This may be particularly useful for second or subsequent marriages, or for those who are marrying later in life or who have accumulated significant assets prior to the marriage. In some states, marriage entitles each spouse to a share of your estate (between a third to a half, depending on where you live). If you intend to leave less than that amount to your spouse, he or she has the power to request a higher percentage, which can leave your intended beneficiaries with less. 

Another reason why many couples choose to have a prenuptial agreement is to avoid disputes about money or property during the marriage. For a prenuptial agreement to be valid and legally binding, both parties must fully disclose their assets, properties, and debts in the agreement. Due to their financial picture being clear, there are fewer disagreements about how to manage their assets. 

Another common instance where a Florida prenup may be useful may be in the case of a closely-held family business. Often, business owners require only family members to be owners of the business and its holdings. If during a divorce, the business is determined to be partially owned by both spouses, the non-familial spouse could end up being an owner. In order to alleviate that situation, restrictions could be placed in the business’s agreements, or by transferring ownership of the business to a trust. A prenuptial agreement that describes the business as separate property and sets forth the rights and restrictions on ownership, however, would be another layer of protection for the business. 

Do you have questions on a Florida prenup and using it in your estate planning? 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.