Alzheimer’s disease is a sadly prevalent illness that most commonly affects senior citizens. It destroys brain tissues and causes memory changes as well as erratic behavior and loss of body functions. Though Alzheimer’s can progress slowly and have limited symptomatic effects when first diagnosed, it is a terminal illness. Alzheimer’s is the sixth leading cause of death in the United States and is among the top 10 diseases in the nation that cannot be reversed or cured. The Alzheimer’s epidemic is greater than ever, as more than 5 million people in the U.S. have this disease. Additionally, deaths resulting from Alzheimer’s disease have increased by 68% between 2000 and 2010. As Alzheimer’s progresses, an individual loses their memory as well as their mental and physical function. It is the loss of these functions that ultimately leads to death. Although Alzheimer’s cannot be cured and is fatal, there are treatments available to delay its symptoms and improve the quality of life of Alzheimer’s patients.
Medicaid is a joint federal and state program that provides health coverage to millions of low-income individuals and their families across the nation. Medicaid is the single largest source of health coverage in the United States and, although Medicare is the primary medical coverage provider for the elderly, the Medicare and Medicaid programs work together to provide medical coverage to senior citizens. Florida Medicaid provides a broad level of health insurance that covers services including, but not limited to: doctor’s visits, hospital visits, home health care, hospice, nursing home services, dental services, vision services and prescription drugs. Both the state and the federal government share the cost of the Medicaid program. In Florida, Medicaid services are administered by the Agency for Health Care Administration. If you think that you may qualify for Medicaid, you can apply at: http://www.myflorida.com/accessflorida/ .
The skilled attorneys at Bach & Jacobs specialize in Medicaid Planning, so if you need assistance or have any questions, please contact our office at (941) -906-1231.
As a senior citizen, it can be difficult to pay normal living expenses each month. If you also have past-due taxes that you cannot afford, they become a constant worry and hindrance. However, there are ways to help resolve this issue. The IRS is able to designate your account as “Currently Not Collectible” (CNC) if you have a low-income. As long as you have CNC status, you do not have to pay your past-due income taxes for the periods described below, as applicable, but you will still be able to remain current in tax compliance. Once you obtain CNC status, it will be maintained for at least one year. However, if you are a retiree, it is very possible that your status will be labeled as “indefinite”, since it is likely that your income will remain constant. If you have an extremely low income, being granted CNC status could be as simple as calling the number on the IRS collection notice and asking an IRS collector to file form 53 (this form can only be filed by an IRS official). If you do this, you will not need to file an excessive amount of paperwork. However, you may have to complete IRS form 433-A. This form demonstrates that you don’t have a high enough surplus of income, after paying living expenses, to pay your taxes. If you aren’t sure whether or not you qualify for uncollectible status, the IRS website has articles that include the national standards for items such as food, clothing, transportation, housing and utility expenses.
If you need further assistance with any tax matters, our attorney Frederic C. Jacobs is Florida Board Certified in Tax Law and is happy to help. To contact our offices, please call: 941-906-1231.
Probate proceedings can be very time consuming, make assets inaccessible for months, and involve the filing of documents and information in court that you may want to keep private. There are also legal fees involved in a probate proceeding that may be minimized or eliminated by alternatives to transfer assets after death.
If you have further questions or would like to talk about options for transferring assets outside of probate, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.
Probate is the legal process following someone’s death that involves the payment of the decedent’s debts and the transfer of assets to beneficiaries.
The process includes:
- Proving that the deceased’s Will is valid
- Locating and taking inventory of all property of the deceased
- Appraising the property once it is located
- Ensuring that all debts and taxes are paid
- Distributing the remaining property according to the will or as determined by the state if there is no Will.
If you have further questions, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.
While typical estate planning includes planning for incapacity during one’s lifetime as well as distribution of one’s assets upon their passing, Elder Law attorneys have an added focus of planning with long-term care in mind. If and when long term care becomes necessary, your end of life planning documents allow those you trust most to ensure you are cared for in a manner that comports with your wishes. Adding certain provisions to existing planning documents can enable those trusted persons to pursue additional planning strategies if and when the time comes for a senior to utilize long-term care. When the time comes for Medicaid pension planning, it is critical that the agent have the authority to take specific actions on behalf of the elderly person, such as establishing and funding an irrevocable trust, filing a Medicaid application, or preparing a VA pension application. The grant of authority must be clearly stated within the documents. Having clients in our office before they are in need of immediate long-term care allows our attorneys to successfully assist our clients in the most effective manner possible.
If you have further questions, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.
The best long term care options are available through early planning. We care a great deal for our clients and try to help make transitions as seamless as possible for them. We recommend planning prior to these issues, so that when difficult issues arise things go as smoothly as possible. Typical estate planning involves the distribution of a person’s assets after they pass away. Here at Bach and Jacobs we have additional focus on end of life planning and encourage you to contact us to review your plans before crisis hits. However, we will also help you navigate emergency senior care issues as well. Because we want to help you plan for all of life’s possibilities and protect you and your investments, we include irrevocable trusts that are designed specifically for that purpose.
If you have further questions, contact our office at: 941- 906-1231 to schedule an appointment with one of our attorneys.
Medicare is a federally funded program for which most U.S. citizens and permanent legal residents over the age of 65 who have lived in the country for over five years are eligible for. Medicaid, among other things, supports individuals and families by covering costs associated with both medical and long-term custodial care for those who qualify. Eligibility for Medicaid is means-based, and the program has strict asset and income eligibility requirements that vary from state to state. For more information on current qualification requirements, individuals should visit Medicaid.gov. Additionally, Babette Bach is a Board Certified Elder Lawyer and can assist you with your questions about public benefits and qualifications for Medicaid.
Medicare part D provides outpatient prescription drug coverage. This part of Medicare is optional and is offered through private companies, which are certified by centers for Medicare/Medicaid services each year. If you want Medicare Part D coverage, you can either apply for a stand-alone plan or, if you have Medicare Part C coverage, you can get your Part D coverage through a Medicare Advantage Plan. Medicare.gov has an excellent program to assist you in choosing the best plan given your geographic location and your current prescriptions.
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