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Monthly Archives

January 2017

What are niche senior communities?

By Elder Law, Long-Term Care

For many retired seniors, finding a senior living community can be a challenging task. It can be tough to transition from living independently to moving into a community with frequent and close interaction with lots of other folks. However, a growing alternative to the traditional senior living community experience is the niche or “affinity” senior living community. These communities offer seniors the opportunity to live with other like-minded individuals who want to engage in similar activities.

Niche senior communities are particularly attractive to the Baby Boomer generation. They provide couples and individuals of certain religions, backgrounds, and groups a place to meet others like them and to connect with their interests.

Examples of these “niche” communities include those geared toward Indian-Americans, fitness enthusiasts, country music lovers, and more. By joining a niche senior community, you can continue to explore your interests into retirement and surround yourself with like-minded individuals with whom you already have a few things in common.

January 31, 2017
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Big Improvements Coming To Florida’s Medicaid Long-Term Care Program

By Long-Term Care, Medicaid Planning

I’m thrilled to report a landmark settlement which will improve the quality and quantity of home care services for Medicaid enrollees receiving home and community based services. Congratulations to attorney Nancy Wright of Gainesville, Florida (lead Counsel), Disability Rights Florida and Southern Legal Counsel.

Under the Settlement Agreement, health plans that administer Medicaid long-term care services will be “required to provide an array of home and community-based services that enable enrollees to live in the community and to avoid institutionalization”.

The Settlement Agreement also states, among other things, that AHCA will:

  • Adopt rules that set out requirements for coverage of long-term care services
  • Require a new assessment procedure that takes into account the availability, willingness and ability of voluntary caregivers.
  • Amend their contract with health plans to ensure compliance with these rules
  • Require changes to health plan member handbooks to clarify enrollee rights and how to file consumer complaints
  • Train (or re-train) health plans, hearing officers, AHCA staff and others on the new requirements
  • Monitor case managers on how assessments are being done
  • Use enrollee surveys that ask about sufficiency of services

The agreement impacts all six health plans now operating in Florida to provide Medicaid services through the Long-Term Care Program: Coventry/Aetna, Humana, Sunshine Health, Molina, United Healthcare and Amerigroup.

Should you have any questions regarding this topic or any other Medicaid related enquiry, please contact our office on 941-906-1231 to schedule an appointment to meet with one of our attorneys.

January 27, 2017
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Where do I find the Florida land conservation tax exemption form?

By Land Conservation Easements

If you are a Florida landowner who has a conservation easement on your property, the form to apply for a property tax exemption for the land protected by the easement is located at: http://dor.myflorida.com/dor/property/forms/current/dr418c.pdf.

The form must be completed by the property owner and returned to the applicable county property appraiser by March 1. Check with your county property appraiser to see if you are required to reapply each year.

January 24, 2017
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What is a conservation easement?

By Land Conservation Easements

A conservation easement is a legal agreement that protects land by limiting the potential uses of the land. Easements allow landowners to maintain many of their private property rights and oftentimes the easements provide them with tax benefits.

Conservation easements are typically donated, but some landowners sell conservation easements.

While landowners may retain their rights to live and use the land, they are usually restricted in regards to subdividing and developing it. In the legal agreement, the public or private organization holds the landowners to their promise of not developing it. While some easements prohibit any development, other easements may allow farming, ranching, and other forms of economic activity.

Conservation easements can also grant landowners tax benefits such as lowered federal income tax and state property taxes.

Attorney Sean Byrne of Bach & Jacobs has represented parties in multimillion dollar conservation land transactions and can advise you of your options regarding conservation easement land restrictions. Contact our office at (941) 906-1231 to schedule an appointment with him.

January 20, 2017
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Estate Planning Documents Everyone Needs To Have

By Estate Planning

Attorney Babette Bach Esq. is looking forward to speaking on the topic of “Estate Planning Documents Everyone Needs To Have” at The Glenridge on Palmer Ranch, 7333 Scotland Way, Sarasota, FL 34238 on Thursday, January 26th, 2017 at 1pm. Please call Dr. Smith at The Glenridge on 941-552-5369 for more information on this event.

If you have further questions on this topic or wish to discuss having your estate planning documents drafted, please contact our office at (941) 906-1231 to schedule an appointment to meet with one of our attorneys.

 

January 19, 2017
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How do I change my advance directive?

By Elder Law, Estate Planning

Advance directives are documents that spell out your medical wishes for end-of-life care. Advance directives include living wills and the appointment of healthcare surrogates. As you get older it is important to revisit and update your advance directives so they properly reflect your intentions.

According to the American Bar Association, there are five “D’s” after which you should revisit your advance directives:

  1. Decade — When you begin a new decade in your life
  2. Death — When a loved one passes away
  3. Divorce — When you get a divorce or experience a big family change
  4. Diagnosis — When you are diagnosed with a disease or other health condition
  5. Decline — When you decline in health and lose certain abilities

Under Florida law, you may change or revoke your advance directive in a number of ways. You may sign and date a document that communicates your plan to revoke the directive, you can physically destroy the original, you can orally express your plan to revoke, or you can establish a new advance directive that replaces the old one.

If you have further questions on this topic or wish to set up end-of-life documents, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

January 17, 2017
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What property does not go into a living trust?

By Asset Protection Planning, Estate Planning

While it is common for people to put valuable assets in their living trusts, there is a long list of property that is usually excluded from trusts.

 

Property of Little Value

Property of little value may not need to go through probate, so it typically does not need to be included in a trust.

 

Property You Frequently Buy or Sell

If you don’t expect to own the property at your death, do not put it in your trust.

 

Cars

If your car is of little value, as most cars are, it makes sense not to transfer ownership to your living trust. Some lenders and insurance companies are hesitant to insure a car owned by a trust. This could become a confusing and burdensome problem. However, if you consider the vehicle to be a valuable antique, or if it is a mobile home attached to land, you may want to include it in your trust and transfer the ownership to the trust.

 

Life Insurance

The proceeds of your life insurance are distributed according to your policy and do not go through probate. Thus, you do not need to name your trust as the beneficiary of your life insurance policy.

 

Personal Checking Accounts

Because money moves in and out of these accounts so frequently, they are typically left out of living trusts.

 

IRAs, 401(k)s

Retirement accounts cannot be owned by a trust. However, you can always name a trust as a beneficiary or designate a beneficiary in the account documents to receive the assets when you pass away.

 

Cash

While there’s no way to transfer tangible cash to a living trust, you can transfer ownership of a cash account to a living trust. By designating a beneficiary, that individual will receive the remainder of those accounts. Once you put money in a bank account, transfer it to yourself as trustee and name the individual in the trust document as the beneficiary.

January 13, 2017
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How Does Remarriage Affect Estate Planning?

By Estate Planning

As our society has increasingly high divorce and remarriage rates, more individuals are faced with the task of updating or revising their Estate Planning documents to account for their change in partner. However, remarriage can make Estate Planning quite complicated, especially if each or either spouse has children by a previous partner.

The first step in updating your estate plan if you plan on getting remarried is to review yours and have your current partner review theirs. If you both decide that you would like to continue to keep your assets separate and leave everything to your respective children, then you will need to contractually agree to this by entering into a prenuptial agreement or “prenup”. At this time you may want to amend your advance health care directives and medical release forms as well.

If you have further inquiries, the skilled attorneys at Bach & Jacobs can assist you with Estate Planning. Please call our office at 941-906-1231 to schedule an appointment.

January 12, 2017
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What property goes into a living trust?

By Asset Protection Planning, Estate Planning

Unlike a testamentary trust, which is set up in a will and takes effect after someone’s death, a living trust is established and funded during one’s lifetime. A revocable trust can also be utilized to avoid probate, if that is a priority for you.

Typically, a revocable living trust involves three parties: the grantor, the trustee(s), and the beneficiaries. It is a good idea to include your most valuable property in a living trust. Some of these assets may include your:

  • House
  • Stocks, bonds, and mutual funds
  • Jewelry
  • Antiques
  • Brokerage accounts
  • Business interests

For real estate that is jointly owned, it is important to remember that you do not need to transfer it into a trust to have the property pass outside of probate because the property will go directly to the co-owner if you die by operation of law.

January 10, 2017
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Planning with Your Sibling to Care for Elderly Parents

By Estate Planning, Guardianship, Long-Term Care

Instead of coming up with a strategy for caregiving arrangements right after an emergency room visit or life-threatening event, it is good for families to meet early during a time when everyone is relaxed and rational. By meeting early, families can make arrangements when they are clear-minded and collected.

Another effective step in planning for caregiving is matching the parents’ wishes and needs with the capabilities of the siblings. For example, many elderly parents need help in areas like transportation, managing finances, and healthcare. Depending on the situation, one sibling might be able to assist with transporting the parents while another may be greater help in paying bills.

Lastly, it is important for siblings to remember that asking for outside help is sometimes necessary. If you and your siblings are still struggling to meet the needs of your parents, it is good to contact volunteer, hospital, and senior care programs that can provide their abilities and time.

January 6, 2017
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