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January 2013

How Do I Sign Up for a Direct Express Debit Card?

By Elder Law, Government Benefits

Beginning March 1, 2013, beneficiaries of government benefits are required to have their funds directly deposited into a bank account or they can receive funds through a Direct Express Mastercard issued directly from the government through Comerica Bank.

Signing up for the Direct Express card is easy. Call 1-800-333-1795 or go online to www.godirect.org.

The card will allow beneficiaries access to their funds by making purchases or withdrawals at ATMs. The card has no sign-up fee, no monthly fee and no overdraft charges. There is no fee for teller transactions and beneficiaries can access more than 50,000 participating ATM machines once monthly at no charge.

This new law will save the government a considerable amount of money. It costs $0.92 more to issue a paper check than it does to process funds electronically. There is also less risk of funds being lost or stolen.

Automatic waivers of this new electronic mandate are granted to those beneficiaries born on or before May 1, 1921.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office at (941) 906-1231 for an initial consultation.

January 20, 2013
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Changes to Special Needs Trust Law in POMS

By Elder Law, Estate Planning

In September 2012, there was a change in the POMS prohibiting Special Needs Trustees from being able to reimburse family members for travel to visit a beneficiary. This change stated that a Special Needs Trust document that states that the trust funds can be used to reimburse family members visiting a beneficiary would cause the trust to violate the sole-benefit rule (and make the trust a countable resource). It also prohibited payment of travel expenses to a companion assisting the beneficiary in travel.

Fortunately, on December 18, 2012 the Social Security Administration published yet another change to the POMS which removed the two previously added examples. Special Needs Trusts can once again pay for travel of family members visiting the beneficiary and companion travel fees for assisting the beneficiary with their traveling.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office at (941) 906-1231 for an initial consultation.

January 20, 2013
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IRS Expedites Charity Applications and Urges Use of Existing Charities

By Tax Law

As part of the administration’s efforts to bring all available resources to bear to support state and local partners impacted by Hurricane Sandy, the Treasury Department and the Internal Revenue Service today announced that an expedited review and approval process will be offered for organizations seeking tax-exempt status in order to provide relief for victims of Hurricane Sandy. The IRS also continues to encourage people to use existing organizations currently working on immediate aid efforts.

Organizations should apply for tax-exempt status by filing IRS Form 1023 and write at the top of the form “Disaster Relief, Hurricane Sandy.” The IRS will give such applications expedited attention and ensure they meet the legal requirements for tax exemption. Organizations seeking to provide relief for victims of Hurricane Sandy that have already submitted an application can fax a request labeled “Disaster Relief, Hurricane Sandy” that includes the organization’s name, Employer Identification Number, contact name and phone number to 513-263-4554 in order to be given the same expedited handling.

The IRS reminds people that existing charitable organizations, including churches and other places of worship, are frequently able to administer relief programs more efficiently than newly formed organizations, since they tend to already have fund-raising and distribution infrastructures in place.

The web site of the Federal Emergency Management Agency (FEMA) offers a list of organizations that provide support to victims of Hurricane Sandy.

For more information on your tax return and charitable donations, visit www.irs.gov. Please contact our office at (941) 906-1231 for an initial consultation if you need legal advice.

January 15, 2013
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Treasury and IRS Announce Special Relief to Encourage Leave Donation Programs for Victims of Hurricane Sandy

By Tax Law

As part of the efforts to bring all available resources to bear to support state and local partners impacted by Hurricane Sandy, the Treasury Department and the Internal Revenue Service today announced special relief intended to support leave-based donation programs to aid victims who have suffered from the extraordinary destruction caused by Hurricane Sandy.

Under these programs, employees may donate their vacation, sick or personal leave in exchange for employer cash payments made to qualified tax-exempt organizations providing relief for the victims of Hurricane Sandy.

Employees can forgo leave in exchange for employer cash payments made to qualified tax-exempt organizations before Jan. 1, 2014. Under this special relief, the donated leave will not be included in the income or wages of the employees. Employers will be permitted to deduct the amount of the cash payment.

The IRS continues to monitor the situation and will provide additional relief related to Hurricane Sandy as needed.

For more information on your tax return and charitable donation, visit www.irs.gov. Please contact our office at (941) 906-1231 for an initial consultation if you need legal advice.

January 15, 2013
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IRS Electronic Tax Administration Advisory Committee Delivers Report to Congress

By Tax Law

The Electronic Tax Administration Advisory Committee (ETAAC) recently presented its 2012 Annual Report to Congress during a public meeting. The report discusses five groups of recommendations on issues in electronic tax administration.

Highlights of the report include recommendations on the following key outcomes:

• Reinforcing standards for security, privacy, and fraud prevention

• Moving forward on e-file of employment tax and information tax returns,

• Creating Internet tools for taxpayers and tax professionals,

• Leveraging tax delivery service channels and

• Funding Modernized e-File and Customer Account Data Engine to completion

“Through its recommendations, ETAAC provides an important voice to the IRS,” said David Williams, Director of the Return Preparer Office. “We appreciate the long hours and focus the ETAAC brings, and we will carefully review these recommendations.”

The 14-member committee provides an organized public forum for discussion of electronic tax administration issues and the overriding goal that paperless filing should be the preferred and most-convenient method of filing tax and information returns.

“ETAAC commends IRS on surpassing its goal and receiving more than 80 percent of individual tax returns electronically. IRS can now turn its attention to employment tax returns and re-focus on delivering electronic interactions to taxpayers and tax professionals,” said Mark Steber, ETAAC Chairman.

ETAAC submits an annual progress report to Congress each June. The IRS Electronic Tax Administration created the ETAAC in 1998 as required by the IRS Restructuring and Reform Act of 1998.

For more information on your tax return, visit www.irs.gov. Please contact our office at (941) 906-1231 for an initial consultation if you need legal advice.

January 15, 2013
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How Can I Find a Trusted Florida Elder Law Attorney?

By Elder Law

There are many ways to find an Elder Law attorney. The Florida Bar lists those attorneys who are Board Certified in Elder Law. This informs the public about which attorneys have passed a comprehensive written examination covering nineteen areas of Elder Law, including peer review. In addition, the National Academy of Elder Law Attorneys (NAELA) administers the Certification in Elder Law known as a CELA. This national certification also requires a written examination, as well as peer review. A list of all attorneys in Florida who are board certified in Elder Law can be found at Flabar.org. and a list of CELA’s can be found at NAELA.org.

In addition to state and national certification in Elder Law, attorneys who serve in leadership positions, such as Chair of the Elder Law Section of The Florida Bar, or publish articles on various Elder Law subjects indicate their commitment to the practice of Elder Law.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

January 8, 2013
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10 Ways to be a Healthier Caregiver

By Health, Long-Term Care

It is so important to remember to take care of ourselves while providing care to a loved one. Here are tips to help focus on you while caring for another.

1. Understand what is happening with the disease and diagnosis as early as possible.

2. Know what community resources are available to help.

3. Become an educated caregiver. Take advantage of workshops and training resources available to you.

4. Get help for yourself through friends and family.

5. Stay healthy with your diet, exercise and sleep.

6. Manage your stress level with relaxation techniques that work for you or the help of your physician.

7. Accept changes as they occur.

8. Make legal and financial plans. If possible, involve your ill loved one in the decision making process so their voice is heard.

9. Give yourself credit, not guilt. Caregiving is a difficult job.

10. Visit your doctor for regular check-ups.

There are many organizations with support groups in Sarasota including Senior Friendship Center, Alzheimer’s Association, Jewish Family Services, Neuro Challenge Wellness Center and more.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

January 3, 2013
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Common Symptoms of Caregiver Stress

By Health, Long-Term Care

While it is important to so many people to care for their loved ones in a time when they need assistance, it is also important to remember to take care of ourselves. Here are 10 signs that a caregiver is experiencing stress.

1. Denial about the disease and its effect on the person who’s been diagnosed

2. Anger at the ill loved one, at the disease or the fact that other’s don’t understand the changes happening

3. Social withdrawal from activities, friends and family.

4. Anxiety about providing care and the future.

5. Depression that breaks your spirit.

6. Exhaustion that makes it difficult to complete daily tasks.

7. Sleeplessness due to concerns for the ill loved one.

8. Irritability towards your ill loved one and other family members or friends.

9. Lack of concentration that makes it difficult to perform your day to day tasks.

10. Health problems that begin to take a physical and mental toll on the caregiver’s well being.

If you or a caregiver you know experience any of these signs of stress on a regular basis, it is important to make time to speak with a physician.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

January 2, 2013
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