Tag: Elder Law Attorney

Woman of the Year Nominee, Anne’ Desormier-Cartwright

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

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 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.

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

Opioids and Elder Abuse

The Centers for Disease Control calls the Opioid addiction epidemic *the* public health crisis of our time.

But the crisis also has serious *financial* ramifications.

In fact, a national study shows the Opioid epidemic is contributing to a significant rise in elder *financial* abuse.

Of special concern is the increasing number of older adults being exploited by people, including family members, looking for a way to finance their habit.

Researchers at Virginia Tech recently posted a blog about a case study in which a grandson stole $85,000 from his grandfather to support his heroin addiction.

The grandfather suffered from dementia.

After draining the finances addicts may also begin to physically and psychologically abuse the elderly victim, isolating them from anyone who might help.

If you or someone you love sees sign of this type of abuse, call Elder Law Attorney, Anne Desormier-Cartwright.

Elder and Estate Planning attorneys PA is a law office small enough to provide personal service large enough to handle all your estate and planning needs.

Seven Signs of Elder Abuse

It’s not uncommon to open a newspaper or turn on the TV and see a story about seniors being mistreated.

Just this month, Marvel Comics legend, Stan Lee’s former manager pleaded not guilty to charges of elder abuse .

Elder Lawyer Anne Desormier-Cartwright says: It’s not just about physical violence, there are seven kinds of elder abuse to be aware of.

“Physical, emotional, and sexual abuse, plus confinement, passive and willful neglect, as well as financial exploitation, are all forms of elder abuse. Understanding that elder abuse exists is just the first step and one of the most important areas to focus on is education.”

If you’d like more information about how you can protect your family members, the guidance of an experienced elder law attorney can provide not only protection, but justice, if your love one has been victimized.

Elder & Estate Planning Attorneys, PA is a law office small enough to provide personal service but large enough to handle all of your estate and planning needs.

Medicare Part D – What You Need To Know

If you’ve reached the point in your life that you’re insured by Medicare, you’re not alone. Tens of millions of American seniors also rely on Medicare to help pay for their healthcare needs, such as hospital care and outpatient medical services. But you may still be wondering if your prescription drugs will be covered. As of 2017, more than 42,000,000 Medicare beneficiaries had prescription drug coverage through Medicare part D, which is optional.

Anne’ Desormier-Cartwright of Elder and Estate Planning Attorneys PA, offer some insight. Medicare part C, is an alternative to original Medicare, as it allows program beneficiaries to receive their Medicare benefits through a private health insurance plan. But you may need to purchase a stand-alone drug plan if your specific Medicare Advantage Plan doesn’t include prescription drugs.

Medicare part D, pays for outpatient drug expenses. Each approved part D plan covers different drugs and co-pays for brand name and generic covered drugs. One way to get the Medicare part D enrollment process started, is to call 1-800-MEDICARE to locate prescription drug plans in your area.

There are other ways. To find out more, an elder law attorney can help with this matter and more. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service, but large enough to handle all of your estate and planning needs. Do not wait to contact their office for support.