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May 2017

How does Medicare cover chiropractic care?

By Medicare

Medicare covers chiropractic care, but the coverage differs from that of ordinary medical care from your doctor. Medicare only covers the chiropractic adjustment. This restriction is due to the wording of the Social Security Act, and for more services to be covered by Medicare, new legislation would have to be passed.

In order to qualify for the coverage, the doctor is required to produce information and evidence that proves the adjustments are medically necessary. To meet the Medicare requirements, the doctor must use forms and questionnaires, and may be required to take x-rays if necessary. X-rays and other examinations are not covered by Medicare.

Medicare requires that you have “functional improvement” or you will be denied coverage. Functional improvement shows that your care is medically necessary and is not simply “maintenance care.” If you no longer have functional improvement, your doctor is required by law to inform Medicare.

May 12, 2017
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Babette Bach to speak at the Friendship Center on: “How Would A Disability Upset Your Retirement Financial Planning?”

By Asset Protection Planning, Firm News

Babette Bach will be speaking at the Friendship Center, 1888 Brother Geenen Way, event at 2:00pm on Wednesday, May 17th, 2017.  The topic is “How Would A Disability Upset Your Retirement Financial Planning?”. In this hour long program Babette will discuss the necessity to plan for disability and guardianship avoidance. Additionally, she will discuss recent legislation regarding living wills and trends in other states towards compassion choice. For more information on this event, please go to: www.friendshipcenterforagingstudies.org. and click the following link to see the flyer for this event: fcas-may-2017-bach-wright

May 10, 2017
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The benefits of entering into a caregiver agreement

By Guardianship, Long-Term Care

Many seniors have caregivers who provide their skills and care on a daily basis. Whether the caregiver is a family member, friend, or professional, it is a good idea to create a caregiver agreement.

A caregiver agreement should include the services and hours that the caregiver is expected to provide, the needs and wishes of the senior, and compensation for the work. It should also include in writing the frequency of services, the location where services are to be provided, and important dates such as when the care begins and how long the agreement is to be in effect.

The advantages of setting up a caregiver agreement are manifold:

  • It can reduce or avoid Medicaid penalties
  • It prevents confusion with private duty domestic service workers and/or family members and sets up a clear method of compensation so there is no misunderstanding
  • It recognizes the time and effort of those taking care of you
  • It offers security and peace of mind
  • It makes expectations clear

 

If you are employing caregivers, companions, or other domestic service workers, contact an attorney at Bach & Jacobs, P.A. to discuss how you can help minimize risk and liability by creating a caregiving agreement. This is especially necessary if you are employing private duty caregivers directly rather than through an agency.

 

 

 

 

May 9, 2017
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Duties of an Agent under a Power of Attorney

By Elder Law, Estate Planning

An agent, or “attorney-in-fact,” is authorized under a power of attorney document to make decisions and undertake financial and business transactions for the person executing the power of attorney (the “principal”). An agent can fill a role and perform certain tasks authorized by the power of attorney.

An important step in fulfilling your role as agent is to follow the instructions in the power of attorney document. It is imperative that in every decision you make for the principal, whether it be medical or financial, it is in the principal’s best interest. It is a good idea to keep a detailed record of your transactions undertaken on behalf of the principal. Depending on the restrictions specified in the power of attorney, the agent typically has the authority to control the principal’s financial affairs. These authorities could include cashing checks, opening and closing bank accounts, paying bills, entering into contacts, etc.

Some principals choose to include specific authorities in their power of attorney documents. The agent can only make these actions if the document specifically authorizes them. Some examples of these powers include making a gift; changing a beneficiary designation; creating, amending or revoking an inter vivos trust; and disclaiming property.

To discuss the creation of a power of attorney as part of your estate planning or if you are an agent appointed under a power of attorney, consult with an attorney at Bach & Jacobs, P.A. that can advise you of your rights and obligations.

May 5, 2017
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Is an Agent under a POA Entitled to Compensation?

By Elder Law, Estate Planning

Many individuals who are agents under a power of attorney also are expected to provide caregiving services to the principal when he or she can no longer do so. Some agents have to quit their jobs or take time out of their week to help care for the principal. From being a primary caregiver to driving the principal to doctor appointments, agents can be responsible for several tasks and financial matters.

Typically, agents under a power of attorney are entitled to “reasonable compensation,” with some exception. However, some power of attorney documents specifically prohibit compensation and some agents are specifically prohibited by law for receiving compensation for serving as an “attorney-in-fact.” Due to the vagueness of the term “reasonable,” one way to approach this matter is to enter into a written caregiver contract with the principal.

Contact an attorney at Bach & Jacobs, P.A. to discuss how you can help minimize risk and liability by creating a caregiving agreement that includes services undertaken as an agent under a power of attorney. This is especially necessary if you are employing private duty caregivers directly rather than through an agency.

May 2, 2017
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