Tag: holidays

Do You Know the Danger of Making Holiday Gifts When It Comes to Elder Law Planning

During the holidays are you considering giving gifts of money to loved ones? Are you aware that monetary gifts can impact Medicaid eligibility? Did you know that if you needed to apply for Medicaid in the next five years, these gifts could have significant consequences? If you answered yes to the previous questions, be aware that the impact could be on both the giver and receiver.

With respect to the gift giver, be aware that the IRS allows a tax-free annual gift per person with an unlimited amount of donees. However, this relates to tax law planning, not to Medicaid eligibility.

In regard to gifting, Medicaid takes a different stance. In applying for Medicaid eligibility, when a person’s assets are reviewed, there is a “Look-Back” period of sixty months, depending upon the state. If it is found that the Medicaid applicant gifted money, or made an uncompensated transfer in order to be eligible for Medicaid, the penalty may be Medicaid ineligibility. The length of time of ineligibility is determined by the amount of the gift and the average cost of a private pay nursing home in the area.

Are there any options for the person deemed ineligible for Medicaid due to gift giving? Possibly. The gifter could collect the gift back, or reimbursement, in order to “undo” the penalty. Even if possession of the money makes he or she ineligible for Medicaid, he or she can spend it down by temporarily paying for long-term care or making a home modification related to his or her disability until he or she reaches eligibility status. In addition, there may also be a possibility of an undue hardship waiver, if Medicaid ineligibility will cause the person to go without medical care, food or shelter.

There may also be important impacts on the gift receiver. All states have an asset limit to be Medicaid eligible and it is not very high. In fact, Florida allows a single person to only have two thousand dollars. Even a small gift can push a potential Medicaid recipient over the eligibility limit.

With the assistance of an experienced Florida elder law attorney, a potential Medicaid recipient does have some options if he or she receives a gift. Your elder law attorney may suggest paying off debts and/or purchasing a funeral plan or a Medicaid eligible annuity. If money is received before applying for Medicaid, the money can also be spent down in a similar fashion.

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.

How to Discuss Estate Planning With Your Loved Ones During the Holidays

We each have different things that we enjoy most about the holiday season. Most of us can agree, however, that the holidays are a great chance to catch up with family members and spend quality time with our loved ones. While you are checking in with your loved ones during the holidays this year, have you given some thought to sharing your estate plan and planning goals with the people who mean the most to you? It may seem like an unconventional time to discuss plans for when you are no longer here, but in reality it is important that your loved ones understand your decisions and the legacy you wish to leave for them.

Before discussing your plans with your loved ones, we encourage you to take some time to think about your planning goals and how your estate plan is set up to accomplish them. Refreshing your memory to remember the reasons for making each decision will likely make it easier for you to express your thought process behind those decisions to your loved ones. Clear communication is key to helping alleviate any uncertainty or family conflict that may arise after your passing in an already difficult time. It is also important to consider how you would like the conversation to proceed. Would you prefer to bring documents with you, for example, to illustrate your plans or would a brief conversation initially suffice?

During the conversation, allow your loved ones to voice their opinions, share their concerns, and ask questions. Listen to your loved ones’ worries and validate their feelings, but remember that your estate plan is your creation and you should stand by the planning decisions you have made. The key to having an effective discussion about your estate plan is transparency. Above all, do not let this be the last conversation you have about your planning decisions. We encourage you to update your loved ones about any changes made to your planning documents, so they feel involved and informed about the planning process.

Do not wait until it is too late to have this conversation with your loved ones. We know this can be a difficult discussion to have, but think about the family values you wish to pass on and the reason why you created an estate plan in the first place. Remember, we are here to be a resource for you. If you need further advice or have questions about anything discussed here, do not wait to contact us.

Don’t Forget These Ways to Say “Thank You” to a Caregiver Over the Holidays

Fall is the season of giving back and being grateful for the people you have in your life. While many of us remember the last time we thanked our friends, family members, and other loved ones, do you remember when you last told your caregiver “thank you”?

This individual is constant in the life of your loved one, providing necessary care and support each and every day. We want to share five unique ways to remind the caregiver in your life that you are thinking of him or her and are appreciative of the work and care he or she is providing.

1. Say “thank you.”

Many of us think that showing thanks to someone requires a grand gesture or pricey gift. In reality, however, sometimes the smallest gestures have the greatest impact. Simply taking the time to say “thank you” to your caregiver lets him or her know that you recognize and are thankful for his or her hard work.

2. Remind them to take time for themselves.

Being a caregiver is a full-time role that often does not end when he or she goes home for the night. Every once in a while, encourage your caregiver to take the day off to spend time with his or her family or enjoy his or her hobbies. If you are worried about your loved one’s care needs being met, you may consider respite care options. This type of short-term relief can be utilized on an as needed basis, allowing your caregiver some time to recoup and regenerate.

3. Give them a small gift.

There is no need to spend a fortune to let your caregiver know you are thinking of him or her. An item as small as a keyring or notebook can be meaningful. Make it a surprise gift, or ask if they had their eye on anything in particular. Either way, it will be sure to put a smile on the caregiver’s face after a long day.

4. Offer a helping hand.

Sometimes, caregivers need help too. Whether it is helping with his or her yard work, cooking a meal, or just making yourself available to spend time with the loved one they are caring for can allow the caregiver to take a well-earned break that will benefit all of you.

5. Write a “thank you” letter or card.

Taking the time to put your thoughts and feelings into a handwritten card or letter can be especially meaningful. This is something your caregiver can look back on if they are in need of a boost and can show him or her that you care enough to spend the time crafting a thoughtful note of thanks.

How do you say “thank you” to your caregiver? We know how important it is for your loved one to be well-taken care of, but it is important that you take some time every now and then to let your caregiver know you appreciate him or her. Do not wait to contact our office if you need some additional unique ideas for ways to thank your caregiver during the holiday season and throughout the rest of the year.