Tips - Elder & Estate Planning Attorneys

What to Do If an Aging Parent is Suddenly in Need of Long-Term Care During the Holidays

The holiday season, traditionally a time of joy, togetherness, and celebration, can take an unexpected turn when faced with the reality that an aging parent requires long-term care. This revelation can cast a shadow over festive spirits, introducing a mix of concern, responsibility, and urgency. For many families, the holidays are already a bustling period, and the added dimension of a parent’s sudden health needs can be overwhelming. It’s a situation that calls for swift, yet thoughtful, action balancing the need for immediate care with the emotional nuances of the season.

Ensuring the safety and well-being of your aging parent becomes the foremost priority, requiring a delicate blend of practical decision-making and empathetic support. We understand the challenges you are facing as you attempt to navigate these complex waters. We understand that amidst the holiday lights and celebrations, you are now tasked with making critical decisions about healthcare, living arrangements, and legal matters, decisions that can affect the entire family dynamic.

The first priority is to make sure your aging parent is safe. This might involve making immediate changes to their living environment to prevent falls or accidents, or arranging for a family member or professional caregiver to stay with them. It’s crucial to ensure that your aging parent feels as supported as possible during this transition. You can help ensure this happens with regular visits, engaging in conversations, and involving them in holiday activities as much as possible which can then provide emotional comfort and reduce feelings of isolation.

The next priority is to locate and review the estate plan of your parent, if one exists and if you have not done so already. Their estate plan will outline their wishes and identify who has been designated to make decisions on their behalf. Understanding these directives is essential for making informed decisions about their care.

As you continue, you will want to evaluate the level of care your parent requires, both currently and in the foreseeable future so you know what you are facing . This might involve consulting with healthcare professionals to understand their medical needs, mobility issues, and any cognitive impairments.

Once you have a clear understanding of the needs of your parent, you will want to consult an experienced elder law attorney. They can guide you in finding appropriate long-term care options and assist in navigating the financial aspects. An elder law attorney can help you explore various care options, such as in-home care, assisted living, or nursing homes, based on the specific needs of your parent. Bear in mind, your parent’s estate planning attorney may also be an elder law attorney. If they are not, they may be able to recommend someone who can help.

The elder law attorney you work with can also advise on financial strategies to cover the costs of care. This may include tapping into savings, exploring insurance options, understanding public programs like Medicaid, and considering any benefits your parent may be entitled to, such as veterans’ benefits.

We know dealing with a sudden need for long-term care for an aging parent during the holidays can be overwhelming. However, by taking methodical steps to ensure their safety, understanding their needs, and seeking professional guidance, you can navigate this challenging time with confidence. Remember, the goal is not just to find care but to find compassionate care that respects the dignity and wishes of your loved one.

As you embark on this journey, remember that you are not alone. Many have navigated this path before, and there are ample resources and supportive communities to guide you. The holiday season, with its emphasis on family and togetherness, can be a meaningful backdrop as you step into this new role in your parent’s life, ensuring their later years are as comfortable and dignified as possible.

We know this article raises more questions than it answers. 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.

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.

4 Tips for Reviewing Your Florida Estate Plan During National Estate Planning Awareness Week

Did you know, during the third week of October every year we focus on National Estate Planning Awareness week? How familiar are you with estate planning in Florida? Did you know estate planning involves putting legal protections in place to help secure a future you want for yourself and your loved ones? Do you have a Florida estate plan right now but need to make sure it reflects what you need?

Many of our potential clients have estate planning that is years out of date. It does not reflect their goals for their:

• Decision makers for finances and health care
• The age or marital status of their children
• Is missing key beneficiaries such as grandchildren
• Does not reflect their disability needs
• Does not represent the legacy they wish to leave

Let us share four tips on how to review your Florida estate plan with your attorney on our blog.

1. Is it from Florida? While this may seem like an unusual question to begin with, your out of state estate plan may not work in Florida. Start by reviewing your plan to make sure that it was written and executed in Florida. After you determine the state of origination, look at the dates. Is it only a few years old? Or older? Laws change over time and you may need to work with your attorney to update it to reflect the current laws.

2. Does it consider your incapacity planning? Incapacity planning allows for considerations such as having someone you have selected assist you if you are unable to make decisions for yourself. The most important tools for incapacity planning include a Florida durable power of attorney, health care planning tools, and living will.

3. Does it reflect your goals for your legacy? Creating a legacy is what most of our potential clients who come to our firm are looking for. While the last will and testament may be the most common legal document for estate planning, there may be more flexibility to create the legacy you want through a trust agreement. What are your goals? Have they changed since you last created your estate plan?

4. Make a list of what you want, now. Your needs met change over time. They may have changed since you last created your Florida estate plan. Go ahead and make a list of what you want, now, and the changes you anticipate you will need to make. You can bring this list to your meeting with your estate planning attorney so that she can help you update your existing Florida estate plan or create a new one to reflect what you need.

Whether you schedule an appointment with our firm during the month of October or anytime throughout the year, our law firm is here to help you. We can guide you through your Florida estate planning options and update your existing plan to ensure it reflects what you want. Please do not hesitate to contact our office today to schedule a meeting with our experienced Florida attorneys.

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.

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