Tag: Elder Law Attorney

Congratulations, Anné Desormier-Cartwright, on Being Honored Among the Florida Legal Elite!

Did you know that less than 2% of active Florida Bar Members practicing in Florida appear among Florida Legal Elite? Florida Trend invites all in-state members of the Florida Bar to name attorneys whom they put in high regard or would recommend to others. An outside vendor then tabulates all ballots and the ballots are then scored based on the number of votes received. More weight is given to votes made from outside their firms. Let us congratulate Attorney Anné Desormier-Cartwright on being honored among the Florida Legal Elite!

This honor comes to Attorney Desormier-Cartwright due to her continued commitment to excellence in the legal fields of estate planning, Medicaid and Veterans Planning, and probate, estate and trust administration, as well as a dedication to serving her community. She has been appointed to the Guardianship Education Committee for the Palm Beach County Bar since 1998. She also serves on the Probate and Guardianship Practice Committee of the Florida Bar and is a member of the Florida Bar Real Estate, Probate and Trust Section.

Additionally, she is a charter member of ElderCounsel, a nationwide association of elder law attorneys focused on the changing laws impacting the elderly. An active member of the National Academy of Elder Law Attorneys and the Academy of Florida Elder Law Attorneys, she supports these organizations as they lead the way for understanding and preparing legislation to address the complicated issues our elderly population faces as they age.

Congratulations, Attorney Anné Desormier-Cartwright, on this well deserved achievement. For assistance with estate planning or elder law issues, our office is here for you and your loved ones. 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.

Protect Your Parents Before They Enter A Nursing Home

Do you anticipate that your parents may require full-time nursing home care due to their age or their health condition? If so, you should consider helping them put a plan in place now.  According to Genworth’s Cost of Care Survey, the average cost for a private room in a nursing home facility is over $100,000.00 per year. Although nursing home care can be incredibly expensive, there may be ways that you can help ensure that the assets of your parents are protected and that they do not lose all of their savings paying those exorbitant nursing home bills.   

There may be a variety of ways in which you can help protect your parents by planning for nursing home care payments. Long-term care insurance plans can be an affordable option to offset the costs of care, especially if your parents are young enough and healthy enough to qualify for the best rate. Veterans benefit programs, if available to your parents, can help cover the costs of nursing home care. Medicare also provides coverage in limited situations. Primarily, however, people depend upon Medicaid coverage to pay for nursing home care. Access to Medicaid coverage, however, requires that the nursing home patient fall below a certain asset and income threshold. An elder law attorney can help you and your parents understand what benefits and coverage options are available and ensure your parents are protected.

Even if you do not think your parents would qualify for Medicaid with their current assets and income levels, it may be important that you contact an elder law attorney because there are many strategies that can be employed to protect your parents’ assets and still allow them to qualify for Medicaid coverage. Because May is National Elder Law Month, now may be the perfect time to do so and help your parents take this significant step towards protecting their future. 

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.

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.

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.

Medicaid Planning for Florida Seniors

Did you know that, according to the US Dept. of Health and Human Services, a person turning 65 today has almost a 70% chance of needing some type of long-term care services, including assisted living or a nursing home? The median cost of a private room in a nursing home is over $100,000 annually, according to the Florida Health Care Association. Medicaid planning involves legally and ethically protecting assets for those who do not already qualify for Medicaid, and for those who qualify but may be expecting an influx of money, such as an inheritance or a personal injury settlement, so that individuals can make their money last longer and lead to the highest possible quality of life. 

The laws governing Medicaid can be complex. For 2021, the income cap to qualify for Medicaid in Florida is $2382.00, per month. If your monthly income, from all sources, exceeds the limit for this year, you will not qualify for Medicaid. You may, however, consider creating either a Miller Trust, a Qualified Income Trust (QIT), or a Supplemental Needs Trust. A Miller Trust is an irrevocable trust that accepts any monthly income over the income cap or slightly more, even though the Trust still uses that money to pay for your long-term care, minus a small personal allowance. These types of trusts may be structured so that certain assets and income sources are removed from the Medicaid calculation, allowing a person to then qualify to receive Medicaid benefits to cover the cost of long-term care.

Medicaid planning may require a thorough examination of your total asset portfolio. Our office can help you protect your home and other assets. This can be especially important if one spouse needs care and the other can live independently. 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.

Woman of the Year Nominee, Anne’ Desormier-Cartwright

Did you know that Attorney Anné Desormier-Cartwright was recently honored as a Palm Beach North Chamber of Commerce 2020 Woman of the Year nominee? She is among 25 nominees that were selected from 50 nominations from the community. In a year where there were a record-breaking number of nominations for this highly sought after award, Attorney Desormier-Cartwright finds herself among the highest caliber of women in the Palm Beach North community.

The Woman of theYear award recognizes women for their outstanding leadership as well as their demonstrated commitment to the Palm Beach North Region. It should come as no surprise that Attorney Desormier-Cartwright finds herself among such prestigious company. Her dedication to the community and to excellence is clear in everything she does. In addition to being appointed to the Guardianship Education Committee for the Palm Beach County Bar since 1998, she also serves on the Probate and Guardianship Practice Committee of the Florida bar.

While excelling in her capacity as managing partner of Elder and Estate Planning Attorneys PA, Attorney Desormier-Cartwright is also a Charter member of Elder Counsel, which is a nation wide association of elder law attorneys who focus on how changes in the law impact the elderly. She remains dedicated to organizations that pave the way for both understanding and preparing legislation that impacts the elderly, such as the National Academy of Elder Law Attorneys and Academy of Florida Elder Law Attorneys. Additionally, she has been a member of The Greater Palm Beach Chapter of the National Association of Women in Construction for the past 30 years and has served on the Board of Directors.

Do you have questions about elder law or 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.

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.

 

Estate Planning Awareness Week: How to Prepare for COVID-19 Continuation

Estate planning can be important for a number of reasons. Did you know that the U.S. House of Representatives even designated the third week of October as National Estate Planning Awareness Week? The week is an opportunity to recognize and raise awareness as to the many things that can be accomplished through a strong estate plan. The protections put in place by a comprehensive estate plan seem especially important during the Covid-19 pandemic.

When developing an estate plan, you should consider including:

1. A Durable Power of Attorney: A durable power of attorney is a legal document that gives an agent the authority to carry on your financial and legal affairs and protect your property by acting on your behalf when you are incapacitated. The power of attorney can give the agent the ability to do things like pay bills, write checks, make deposits, sell or purchase assets, and sign tax returns.

2. Health Care Planning Documents: These documents empower you to select a trusted individual who will be given the authority to make health care decisions on your behalf if you are incompetent or incapacitated.

3. A Living Will: A living will allows you to indicate what kinds of end-of-life care you do and do not want when you are in a terminal medical situation. Without this document, your family will be uncertain about what types of care you would want, decisions which are often fraught and stressful.

4. A Will: This is possibly the most common legal document in estate planning. It can be used to direct the distribution of your property at the time of your death. It also allows you to appoint a personal representative to oversee the distribution of your assets. Additionally, it allows you to appoint a guardian to take care of minor children.

5. A Revocable Trust: This is a tool that can be used both for incapacity planning and for your estate after you pass away. This can be a great tool for maintaining privacy, and ensuring that your wishes are followed both during end-of-life and after you pass.

We know you may have questions. Let us help. Please contact us today to discuss the tools you need in your estate plan.