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Bach and Jacobs PA

Tips for Hiring an Elder Law Attorney

By Asset Protection Planning, Elder Law, Estate Planning

When choosing an elder law attorney, it is important to properly assess your circumstances and spend time reviewing attorneys in your area. At the end of the day, you want an elder law attorney who has the most legal knowledge and will act in your best interest.

Here are a few tips to assist you in hiring the attorney that will do the most for you:

  • A good first step is thoroughly researching attorneys and their qualifications; you can do this by asking trusted friends, asking the firm for their qualifications, and checking the Florida Bar’s website for disciplinary history
  • Make sure to sign a retainer agreement so you will have in writing what services the attorney will provide and what fees will be charged
  • Let the law office know what you are trying to accomplish at your appointment so the attorney will better understand your objectives

Babette Bach, Esq. is a Florida Board Certified Elder Lawyer. The attorneys at Bach & Jacobs, P.A. can assist you with a variety of elder law-related matters.

October 4, 2016
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What is an elder law attorney?

By Elder Law, Estate Planning, Guardianship, Medicaid Planning, Medicare, Probate, Tax Law

An elder law attorney, also known as an elder care attorney, is familiar with the state and federal laws that impact seniors and their well-being.

These attorneys are well-versed and specialize in a range of areas:

  • Estate planning
  • Powers of attorney
  • Medicaid
  • Medicare
  • Veterans benefits
  • Probate and trust administration
  • Nursing homes
  • Elder abuse and fraud

Elder law attorneys allow you to plan ahead. By meeting with an elder law attorney and setting up documents, you can protect your assets, properly pass your estate to heirs, and name individuals to make health care and financial decisions for you when you are unable.

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

September 30, 2016
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Is it a good idea to have joint ownership of bank accounts?

By Asset Protection Planning, Estate Planning, Medicaid Planning

As you get older, you may find yourself needing assistance paying bills and managing finances. Oftentimes, seniors will add their children and loved ones as co-owners to bank accounts. It is important to know that there are advantages and disadvantages to having joint ownership of bank accounts.

A joint owner has complete access to your account and can make any withdrawals he or she wishes to make. The joint owner can make these withdrawals and write checks without your permission. While this may not cause any problems with a trusted person as your co-owner, it can lead to bad circumstances if the person is acting against your interest. It is also important to remember that your assets in the joint account are reachable by your co-owner’s creditors once their name is on the account.

A common misconception regarding Medicaid and jointly-owned accounts is that Medicaid will see the account as being owned in half by the applicant and half by the co-owner. However, the case is actually that Medicaid will view the account as belonging solely to the applicant. Thus, the Medicaid applicant has the job of proving otherwise.

Lastly, when you pass away, the remaining assets in the account will become the property of the co-owner, regardless of whether you want them passed along to that individual. While that is an easy and convenient method of transferring assets, it can problematic if you want them to be given to or shared with someone else.

When you consult with a Bach & Jacobs, P.A. attorney about your estate plan, they will analyze the titling of your assets and advise you whether joint titling is appropriate given your objectives and goals.

September 27, 2016
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Florida Right to Medical Marijuana Initiative finds support with seniors

By Elder Law, Health

In November, the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, will be on the ballot again after its defeat in 2014. The amendment has been surrounded by controversy with people on both sides advocating for its success and defeat. Supporters claim the passing of this amendment could help treat problems like chronic pain, glaucoma, cancer, PTSD, Parkinson’s disease, multiple sclerosis and more, which is an interest to many elderly people in Florida.

If the amendment passed, medical marijuana would be legal for individuals with specific diseases or individuals with conditions that are debilitating, AS determined by a physician. The amendment also has provisions that would require the Florida Department of Health to oversee marijuana production and distribution centers. In addition the Department of Health would also issue identification cards for patients and caregivers.

The amendment would provide about 450,000 Florida residents with access to full-strength cannabis.

In order for Amendment 2 to pass it would need a 60% supermajority. In 2014, the amendment received 57.62% of approval from Florida residents, and was just shy of receiving the supermajority.

Read more about the amendment here: https://ballotpedia.org/Florida_Right_to_Medical_Marijuana_Initiative,_Amendment_2_(2016)

 

September 23, 2016
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How to Stop Financial Abuse of Seniors

By Asset Protection Planning, Elder Law

Unfortunately, financial abuse of seniors is a common occurrence. Family members, caretakers, and professionals can easily target vulnerable seniors and rob them of their finances and property. To protect yourself and loved ones from financial abuse, follow the steps and guidelines below.

Lifestyle Skills and Budgeting

  • Keep a spending diary
  • Keep receipts
  • Set aside amounts each month for savings
  • Look over bank statements each month
  • Make predictions for future expenses

Financial Awareness of your Home and Estate

  • Don’t use lenders who ask for “estate planning cost” or who use pressuring sales tactics
  • Don’t use those who fail to inform you of fees or who charge high fees
  • Understand payment deadlines
  • Don’t utilize programs that require up-front payment or instruct you to not contact your financial planners and attorneys
  • Beware of being sold a “living trust” package by a “living trust company”

Understand and Prevent Scams

  • Lottery scams: unsolicited calls, emails, and letters saying you’ve won money
  • Utility scams: utility identity theft, utility insurance scams, changed providers
  • Old-fashioned scams: Medicare identity theft, phone calls, hacking
  • Make passwords difficult
  • Do not give out personal and credit card information unless the person is trusted

 

Resources and Hotlines

September 20, 2016
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NYT: Forced arbitration clauses in nursing home contracts hurt seniors

By Elder Law, Long-Term Care

In a recent New York Times article called “Nursing Home Residents Still Vulnerable to Abuse,” the author discusses how federal regulations fail nursing home residents by not protecting them from mandatory arbitration clauses in contracts.

According to the article, forced arbitration requires residents to settle any conflicts regarding services through private arbitration rather than public lawsuits. Arbitration allows nursing homes and corporations to avoid liability, and preserve their reputations. Nursing homes also employ these clauses because private arbitration is much faster than litigation.

The article goes on to state that the Centers for Medicare and Medicaid Services, which could have banned nursing home contracts from using arbitration clauses, allowed for homes to use them as long as they disclosed the clauses before making residents sign the contract.

Most of the disputes brought against nursing homes do not involve money but rather allegations of neglect and abuse. Unfortunately, the continuation of these arbitration clauses works to the detriment of the most vulnerable seniors.

Read the full article here: http://www.nytimes.com/2016/07/25/opinion/nursing-home-residents-still-vulnerable-to-abuse.html?rref=collection%2Ftimestopic%2FElder%20Care&action=click&contentCollection=timestopics&region=stream&module=stream_unit&version=latest&contentPlacement=3&pgtype=collection

September 16, 2016
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Planning for a Spouse’s Death

By Asset Protection Planning, Estate Planning

The death of a spouse is a somber and challenging topic to discuss, however, it is crucial to do so in order to secure your finances and estate.

While you and your spouse may have already prepared documents such as powers of attorney and advance directives, there are several other areas of end-of-life planning for which you should discuss and prepare.

In the ever-changing digital world we live in, it is very important that both you and your spouse know the passwords and specifics to your online accounts and digital assets. Passwords can be easily lost and forgotten so make sure they are written down in a protected space. Not only should passwords be kept safe, but also account numbers, key contacts, and PIN numbers. It is also a good idea to keep important documents such as birth and marriage certificates, vehicle titles, life insurance policies, and mortgage documents in a safe and organized place.

Lastly, both spouses should be familiar and comfortable with your financial advisors and actual finances. Oftentimes, couples will delegate financial accounting to one partner who will do the taxes and be responsible for important financial information. While this may be a convenient system, it is leaving one spouse in the dark about their finances and assets. By sharing the responsibility of financial accounting, couples can properly prepare for end-of-life care and financial management.

September 16, 2016
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Governor Scott signs law to protect seniors from guardianship abuse

By Elder Law, Guardianship

After years of reports and protests from Florida families about elder abuse from professional guardians, a new law that aims to reform the guardianship system took effect in June 2016.

This new law increases the state’s first regulatory authority over guardians appointed by courts to make decisions for incapacitated individuals. The passing of the law creates an Office of Public and Professional Guardians that is required to develop rules and practices for professional guardians. The law also gives the office the power to revoke a guardian’s registration when deemed necessary.

Elder law attorney Babette Bach was involved in the creation of this law; she spent the last year working with 15 others to develop the bill.

By giving oversight to the Department of Elder Affairs, the state hopes to regulate guardians. The office is expected to lead investigations, conduct hearings, create penalties, and establish standards of practice for public and professional guardians.

September 13, 2016
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Does Medicaid Consider the Assets of My Unmarried Partner?

By Asset Protection Planning, Government Benefits, Medicaid Planning

For unmarried individuals applying for Medicaid who have not commingled their funds, the state will not count the assets and income of the individuals’ partners.

The state will treat each partner as single when determining their eligibility for Medicaid. It is important for unmarried couples to be aware of transfer rules, however. For married couples, they are free to transfer assets to one another, but for unmarried couples, they may be penalized for a transfer of assets with a period of ineligibility for benefits.

To find out more about becoming eligible to receive Medicaid benefits to cover long term care, contact Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.  Babette is experienced in giving Medicaid eligibility advice and navigating the process of applying for and receiving Medicaid benefits while protecting your assets to the highest degree possible.

 

 

September 9, 2016
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What educational institutions qualify for the tuition gift tax exclusion?

By Government Benefits, Tax Law

According to the Internal Revenue Code, an educational organization is an institution that “normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on.” This includes all primary schools, secondary schools, preparatory schools, high schools, colleges and universities. However, some pre-schools do not qualify for the exclusion because the schools do not satisfy the Internal Revenue Code’s standards.

Attorney Fred Jacobs is Florida Board Certified in Tax Law.  Call Bach & Jacobs at (941) 906-1231 to schedule an appointment with Fred if you have questions about how the gift and estate tax laws affect you and your family.

September 2, 2016
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