Tag: Tips

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.

Three Reasons Why Trusts Fail

Are you contemplating adding a trust to your Florida estate plan? Trusts are a useful estate planning instrument: To keep an estate out of probate. For tax planning purposes. For long-term care planning by structuring a person’s assets in a way that makes him or her eligible for Medicaid to cover the expense of a nursing home. Unfortunately, though, trusts can also fail. We would like to share with you three reasons why a trust may fail.

1. The trust was never funded. Working with your Florida estate planning attorney and creating a trust is a lot of work. Equally important is signing the trust and making it legal. However, there is one more very important step, the trust must be funded. All of the assets described in the trust must be moved into the trust in order for the trust to be funded. This means that the trust must hold title to all of your assets. This involves changing the deed on your home, the title to cars, boats, RV’s, the ownership of bank accounts and stock certificates intended to be transferred into the trust. Funding a trust can be a critical step in properly establishing a trust, but it is also one that may be overlooked. If the trust is not funded, the trust’s beneficiaries may find that they will receive nothing from the trust.

2. The beneficiaries were never updated. Once you have completed your trust, you do not just place it in a drawer or safety deposit box and forget it. A trust should be reviewed and if necessary updated whenever there is a significant life change, such as the birth or death of a loved one, a divorce or a remarriage, or even the death of your trustor. All of these life events can impact who inherits from your estate.

3. The trust was never updated to reflect current law. You need to be aware that the laws on trust and estates can change. In fact, your trust may have been drafted under one set of laws, but more importantly, there may be new or updated laws at the time of your passing, which have the potential to invalidate portions of your trust. Your best solution to this problem is to work with your Florida estate planning attorney. She can provide periodic bulletins regarding significant changes in the law, which can alert you to the need to have your trust revised. It is vital that everyone have their trust reviewed periodically by their estate planning attorney to assure that it is supported by current law.

With good planning, trusts can be one of the most useful estate planning instruments. 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.

4 Reasons Why You Should Always Prioritize The Creation Of Your Estate Plan

Have you created your estate plan yet? If not, is it at the top of your list of things to do? Are you aware that, according to a 2022 survey, even though almost two-thirds of Americans know that having an estate plan is important, less than one-third of Americans have an estate plan in place? The primary reason why people do not have an estate plan in place is because they have just not gotten around to it. We would like to share with you four reasons to make it a priority to work with an experienced Florida estate planning attorney to create an estate plan.

1. Taxes may be kept to a minimum with a good estate plan. You may be able to minimize the amount of taxes your estate may have to pay by creating a Florida estate plan. If a good estate plan is not created and put into place, depending on the size of your estate and the location of your property, the tax burden for your estate may be very significant.

2. Children need your estate plan in place for their protection. If you have children, there are a myriad of reasons why estate planning is important. For example, you will want to identify in your will who you would like to raise your children in the event of your death, otherwise, a court will probably make that decision for you. Also, you want to be able to decide how your assets are distributed to your children in the event of your death. If you die without an estate plan, the distribution of your assets will likely be governed by the laws of Florida.

3. Privacy is important to protect. You like to keep your life private. You also want to keep the probate of your estate private. By working with your estate planning attorney, she will show you a variety of estate planning documents, other than a Last Will and Testament, that can help you accomplish your goal of privacy.

4. It is very important to have a plan for incapacity in place. Estate planning is about what happens to your assets when you die, but it can also involve planning for the possibility of your incapacity due to an accident or illness. Your estate planning attorney can show you the documents to put into your estate plan that will allow you to choose a trusted family member or friend to be your agent should you be unable to make financial or healthcare decisions.

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.

Tips and Pointers on Where to Keep Your Original Florida Estate Planning Documents?

As a senior adult, are you like many Americans, still keeping your important paperwork and valuables at your bank? Do you believe a safe deposit box is the best place for storing important documents? After all, is it not logical that renting a safe deposit box is a much safer bet than keeping everything at home? These are all good questions and we would like to address them in our blog.

Now that you, together with your experienced Florida estate planning attorney, have created your documents for your Florida estate plan, you may be thinking about keeping your documents at your bank. However, you may be surprised to learn that there are pros and cons to this plan. We would like to share more on this topic so you can make a decision and, as always, do not hesitate to ask us your questions.

Interestingly, many estate planning attorneys may urge their clients not to keep the original copies of their estate planning documents in a safe deposit box. Let us share four tips and pointers as to why: 1. The bank is only open on certain days and at specific times. 2. Access to safe deposit boxes is limited to the owner or owners. 3. If you are the sole owner of a safety deposit box, your family and/or the personal representative(s) of your estate may need a court order to get your documents. 4. There can be ways around this, such as adding additional owners to the box, but you may not want to or forget to use them. We recommend you speak with your attorney because you can designate access to your safe deposit box in your durable power of attorney. A word of caution, though, banks do not always honor these documents when the time comes. Further, they cease to work upon your passing.

Where should you put your original estate planning documents, other papers and valuables? Instead of putting your original estate planning documents in a safe deposit box, consider these tips and pointers: 1. A fireproof and waterproof lockbox at home. 2. A home safe. 3. A secure container on an upper shelf of a closet or cabinet.

No matter where you decide to keep your original documents, remember to make copies. You can safely take copies of your documents with you to any professional visits you need to make, for example, your physician. Your original estate planning documents need to remain safely stored away so that there will be no challenges in the future for your needs, the needs of your family and your legacy. Be sure to discuss this now with your experienced Florida estate planning attorney.

As always, we are here to answer any of your questions and help address your concerns. You are welcome to ask us about storing your original estate planning documents, or about any estate planning matters, at any time. 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.

6 Questions to Ask When You Update Your Estate Plan in the New Year

The New Year is here and the holidays are coming to an end. As the month of January gets underway, we know many Floridians are focusing on how they will reach the resolutions they set. What are your resolutions? Did you focus on work? Or health? Or family?

No matter what you choose, we want to let you know that one of the most important New Year’s Resolutions you can make this year is to create your Florida estate plan. Your estate plan can protect you both during life and at the time of your death. During your life, you can work with your attorney to create a plan that ensures your choices for your health care and finances are honored by your chosen decision maker. Your attorney will also show you how you can ensure that your family will be provided for when you are no longer here with them.

Already have an estate plan? While this is great news, if you already have a plan in place, time is of the essence to ensure it reflects your wishes for yourself and your loved ones. Many changes can happen within your family, your business, and your finances in a year. It is important to make sure your estate plan remains effective in not only encapsulating the desired future for you and your loved ones, but also has the best tools in place to accomplish those goals.

How do you get started? Let us share six questions to ask yourself and your Florida estate planning attorney as you work on your Florida estate plan in the new year.

1. Should I update my plan if my immediate family members have changed? Yes! When there is a birth, death, divorce, or other life update, you should make it a priority to work with your attorney to determine if your estate plan needs any updates or significant changes.

2. Have the laws changed? This is an important question to ask your attorney. She stays up to date with all the latest information that could impact your legal planning and can make recommendations if your current plan needs to be changed.

3. Am I really unprotected if I do not have a Florida estate plan? You most certainly are. In the event of a crisis or death, there will be no guidance for your family, your bank, your friends, or the court system. When we do not take the time to create an estate plan the court in Florida may be required to in order for there to be legal authority for another to act on your behalf. This can be time consuming, costly, and public, and can be avoided by completing your estate planning while you have the capacity to do so.

4. What does a Florida estate plan really do? A Florida estate plan employs a variety of legal planning tools to address how your assets will be managed and distributed in the event of your death or incapacity, among other things.

5. When should I get started with creating a plan or updating it? As soon as you possibly can. To maximize the potential benefits a Florida estate plan has to offer, it is important to put the plan in place sooner rather than later.

6. What will my Florida estate planning attorney discuss with me? She can discuss with you the importance of lifetime planning using tools such as the durable power of attorney for your finances. She can help you choose your decision maker, as well as back up decision maker, for times of crisis. She can also discuss with you the difference between will based estate planning and trust based estate planning.

We know this article may raise more questions than it answers. We want to help you achieve the New Year’s Resolution of having a Florida estate plan that can meet your needs. 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 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.

The Best Gift You Can Make This Holiday Season

Have you realized that in just a few short weeks, it will be 2022? Even with the persisting pandemic adding a layer to our plans, for most of us, we are busy finalizing our end of the year plans, purchasing last minute holiday gifts, and making plans to spend time with family. This is the perfect time to take stock of what has happened this year, as well as reflect on your goals for the coming year. For example, what went well and what could we improve on.

As we reflect on the past year and look to the future, do you have goals for yourself, your loved ones, and your legacy? We encourage you to take the time to not only think about the immediate actions that must be completed before the end of the year, but that you also think about what the future may hold for you. While you may be rushing to complete a shopping list of holiday gifts for your family, consider that completing or updating your Florida estate plan may be the best gift you can give them.

Do you have a current Florida estate plan? As a Florida senior, you may have many questions. For instance, who will make your decisions if you are not able to make them for yourself? If you are in a car accident, who will have the legal authority to pay your bills? Who could handle your business affairs if you could not? Should both your adult children be in charge of your finances? Will your retirement plans be able to support you as you age?

We hear questions like these, and more, from our clients and their family members each day. Remember that old adage: an ounce of prevention is worth a pound of cure? Based on our experience, when it comes to Florida estate planning, you need to know your plan will work when you need it to. This holiday season, a completed Florida estate plan is quite possibly the best gift you can give to your loved ones.

In addition, while Florida estate planning is a critical part of your health and well being, we want you to know that there is a second planning component that needs to be addressed and completed as well. It is your elder law planning, which includes long-term care. After they reach the age of 70, the majority of Americans will need some form of long-term care. Much of this care is not covered by Medicare and will fall on the Florida senior to pay for out of pocket. With prior planning we can assure you it does not have to be this way. We can work with you to not only create an estate plan but also a long-term care plan that can protect the estate plan you are putting in place and allow you to be able to leave a legacy for your family, no matter what the future holds.

We know this article may raise more questions than it answers. You are welcome to contact our law practice now, or at any time throughout the year, and schedule a meeting to make sure you have the Florida legal planning you need to accomplish your goals.