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Monthly Archives

June 2012

Babette B. Bach, attorney in Sarasota, Florida, chosen as a 2012 Florida Legal Elite Honoree

By Firm News

Babette B. Bach, Esquire chosen as a 2012 Florida Legal Elite Honoree

Babette B. Bach will be featured in the July 2012 issue of Florida Trend magazine as a Florida Legal Elite Honoree.  She was selected by the members of the Florida Bar voting on attorneys that they hold in the highest regard and would recommend to others.  Babette is flattered to be a part of such a prestigious group.

Babette B. Bach is a board certified Elder Law attorney.  She is experienced in estate planning, guardianship, Medicaid planning and VA benefits.

Please call our office for an initial consultation at (941) 906-1231.

June 28, 2012
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IRS Identity Theft Protection Steps

By Tax Law

Identity theft occurs when someone uses another’s personal information without their permission to commit fraud or other crimes using the victim’s name, Social Security number or other identifying information. When it comes to federal taxes, taxpayers may not be aware they have become victims of identity theft until they receive a letter from the IRS stating more than one tax return was filed with their information or that IRS records show wages from an employer the taxpayer has not worked for in the past.

If a taxpayer receives a notice from the IRS indicating identity theft, they should follow the instructions in that notice. A taxpayer who believes they are at risk of identity theft due to lost or stolen personal information should contact the IRS immediately so the agency can take action to secure their tax account. The taxpayer should contact the IRS Identity Protection Specialized Unit at 800-908-4490. The taxpayer will be asked to complete the IRS Identity Theft Affidavit, Form 14039, and follow the instructions on the back of the form based on their situation.

Taxpayers looking for additional information can consult the Taxpayer Guide to Identity Theft or the IRS Identity Theft Protection page on the IRS website.

Please contact our office for an initial consultation if you need legal advice at (941) 906-1231.

June 21, 2012
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Definition of a Florida Power of Attorney

By Elder Law, Estate Planning

A Power of Attorney is a legal document appointing authority to another individual to act as your Agent on your behalf.   The authority granted depends on the specific language you choose to include in your Power of Attorney.

 

A Power of Attorney is an important and powerful legal document.  One should always consult an attorney to have the appropriate preference made for clear instruction on how you would like your affairs managed if you are unable to do so yourself.

 

Most Power of Attorneys give their Agent  the right to sell vehicles, real or personal property on your behalf, to enter into a contract on your behalf, to handle financial transactions or to sign legal documents for the maker of the Power of Attorney.  Your Agent must always act in your best interest.

 

The designated person appointed to act on your behalf is called an Agent or Attorney-in-Fact.  Any competent person over the age of 18 or, in certain situations, some financial institutions can serve as an Agent.  It is very important to choose someone reliable and trustworthy.  The Attorney-in-Fact is a fiduciary who is held to a high standard of care and record keeping.  Power of Attorneys are a valuable tool to avoiding a guardianship if you become incapacitated.
Contact our office to schedule an initial consultation for any Estate Planning, Medicaid Planning, or Veterans Benefits needs.

 

June 18, 2012
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IRS Open Government Initiative

By Tax Law

The IRS offers many ways for taxpayers, practitioners and stakeholders to engage in Open Government to help build transparency, participation and collaboration in government operations.

The IRS is making it easy for you to take part in Open Government by:

  • Providing more meaningful and easy-to-find information about how the IRS works,
  • Soliciting your ideas to help develop effective policy and
  • Partnering with other government agencies and private institutions.

If you want to get involved, there are many ways for you to help. Check out the forums, webinars, sessions and information sources to see how you can participate in Open Government today.

In establishing a system of transparency, IRS offers several ways that taxpayers, practitioners and stakeholders can participate and collaborate with the government including in person, on the phone and on the Web.

For more information, please visit www.irs.gov, open government initiative.

Please contact our office for an initial consultation if you need legal advice.

Fredric C. Jacobs, Esquire, Board Certified Tax Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile www.bachjacobs.com

June 13, 2012
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New Face to Face Meeting Requirements for patients receiving Medicare, Home Care or Hospice

By Long-Term Care, Medicare

New Face to Face Meeting Requirements for patients receiving Medicare, Home Care or Hospice

By Babette B. Bach Esquire, Sarasota, FL

A requirement that health care providers have a face-to-face meeting with patients was added as a Medicare payment requirement for home health and hospice care by the Affordable Care Act (ACA). Implementation of the requirement was effective April 1st 2011.The Face-to-Face requirement is intended to be a tool for reducing fraud and abuse by assuring that physicians or other healthcare providers have actually met with potential home health patients to determine their specific care needs.

The specifics of the Face-to-Face requirement for home health care are included in CMS regulations that were issued on November 17, 2010.  The regulations establish that a face-to-face encounter must have “occurred no more than 90 days prior to the home health start of care date or within 30 days of the start of the home health care by including the date of the encounter.” The certification of the need for home health care must include an explanation as to why the physician’s clinical findings support the need for home health care, including that the patient is homebound and the need for either intermittent skilled nursing services or therapy. Regulations provide that a face-to-face encounter can be by tele-health as provided in the Social Security Act.

If the face-to-face encounter occurred within 90 days of the start of care, but was not related to the primary reason that the patient requires home health services, or if the patient has not seen the certifying practitioner within the 90 days, the practitioner must have a face-to-face encounter with the patient within 30 days of the start of the home health care.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office for an initial consultation.

 

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

 

June 11, 2012
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IRS Taxpayer Assistance Centers

By Tax Law

IRS Taxpayer Assistance Centers (TAC) are your source for personal tax help when you believe your tax issue cannot be handled online or by phone, and you want face-to-face tax assistance. Taxpayer Assistance Centers are closed for all Federal Holidays. Please be advised that you may be asked to provide valid photo identification and a Taxpayer Identification Number, such as a Social Security Number, to receive services.

To view a list of all Taxpayer Assistance Centers in your state, go to www.irs.gov, contact your local IRS office and click on the map or state links.  To search for the Taxpayer Assistance Center closest to you, enter your 5-digit ZIP Code into the Office Locator.

Please contact our office for an initial consultation if you need legal advice.

Fredric C. Jacobs, Esquire, Board Certified Tax Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

June 6, 2012
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Medicaid for the Aged or Disabled

By Medicaid Planning

Medicaid for individuals who are either aged (65 or older) or disabled is called SSI-Related Medicaid.

Florida residents who are eligible for Supplemental Security Income (SSI) are automatically eligible for Medicaid coverage from the Social Security Administration. There is no need to file a separate ACCESS Florida application unless nursing home services are needed.

Individuals may apply for Medicaid coverage and other services using the online ACCESS Florida Application and submitting their application electronically. If long term care services in a nursing home or community setting are needed, the individual must meet a health test, an income test and an asset test. Long-term Care Diversion provides in-home or assisted living services that help prevent institutionalization.  Long-term Care Diversion also has a health test, an income test and an asset test.

For more information on Medicaid and Medicaid programs, visit www.dcf.state.fl.us

If you need legal advice for Medicaid planning, VA planning or estate planning, please contact our office for a consultation.  We do not recommend an application be filed if one is not asset qualified.

 

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

June 5, 2012
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