If you hired a worker through an agency or non-profit, federal regulations require that you:
If you hired a home care worker directly and the worker does not live with you, federal regulations require that you:
In January of 2015, the Department of Labor (DOL) announced that home care workers are required to receive federal minimum wage and overtime pay. The DOL released a guidebook in April of 2016 to advise seniors and family members on how to properly compensate their home care workers.
Home care workers include workers who provide personal care, health-care related, fellowship and protection services. These workers include home health aides, certified nursing assistants (CNAs), and caregivers.
Over the next couple weeks, we’ll cover some of the new requirements for home care providers in different situations.
The Palm Beach County Commission recently funded a pilot program that assists individuals and families affected by Alzheimer’s disease. The commission on June 21, 2016 approved a $20,000-plus contract to provide 100 Alzheimer’s patients with electronic ID locator bracelets.
Due to Alzheimer’s disease, many senior citizens with the disease tend to forget basic personal information, wander off, and become disoriented. The ID bracelets aim to combat these dangerous situations by allowing law enforcement to quickly find a patient’s location by land or air.
The commission also accepted a contract with Gulfstream Goodwill Industries worth up to $40,000 to grant hearing aids and other interpreting services to senior citizens.
In a bipartisan effort, the Senate Appropriations Committee has proposed a plan to increase funding for Alzheimer’s research at the National Institutes of Health by $400 million.
Currently, funding for Alzheimer’s research is at $991 million, and the $400 million boost would put the Alzheimer’s Association more than halfway toward its goal of receiving $2 billion per year in funding.
The bipartisan push was led by Republican and Chairman Roy Blunt and Democratic Ranking Member Patty Murray, who were also involved in last year’s funding increase.
When choosing a funeral plot, it is important to plan ahead in order to prevent spouses and relatives from undue stress during times of grief. During periods of mourning and grief, it is challenging for loved ones to think clearly and make big decisions. By planning ahead, you can save your loved ones from stress and have more control over the process of choosing the cemetery.
Before deciding on a funeral plot, you should be thorough in researching the location, amenities, prices and reputation of the cemetery. It is also important to consider the two categories of cemeteries: private and public. At privately-owned cemeteries, it is state law that 10% of the purchase price goes to a trust fund for maintenance of the property monitored by the state.
Public cemeteries include cemeteries used by the community, neighborhood or church. For public cemeteries, check to make sure that the organization that manages it is fiscally sound. While the cemetery may currently seem to be in a good state, there are problems that it could experience in the future.
It is important for everyone, young and old, to plan for both end-of-life care and unforeseen medical problems. There are certain documents you can prepare to appoint a trusted person to assist you with health care decisions if you are incapacitated.
Health Care Surrogate
A great first step in preparation for this is to designate a health care surrogate. A health care surrogate is an appointed individual who makes health care decisions for you when you become unable to make them yourself. This individual advises doctors and makes important medical decisions for you. Your living will and appointment of a health care surrogate are two documents that can guide your health care decision-making. A health care surrogate does not have any control of your finances unless indicated. Typically, you would designate a durable power of attorney to have access to your finances.
If you have further questions about this topic or setting up your estate and end-of-life documents, contact one of our experienced estate planning attorneys at (941) 906-1231.
A still developing area in Florida estate planning involves the rights of children born through assisted reproductive methods to the decedent’s estate. Assisted reproductive methods include in vitro insemination, artificial insemination, and donated eggs.
According to Florida law, a child born through assisted reproductive methods “shall not be eligible for a claim against the decedent’s estate unless the child is provided for in the decedent’s will.”
And Florida, among many other states, has an intestacy law (FLS § 742.17) that specifically denies inheritance rights to posthumously conceived children. However, if the children are provided for in the will, they gain back their inheritance rights.
In 2012, in a unanimous 9-0 decision, the Supreme Court ruled in Astrue v. Capato that children born after the death of their father were not entitled to Social Security benefits. This was decided due to the fact that the father passed away in Florida and the state’s intestacy laws prohibit posthumously conceived children from inheritance.
If parents in Florida wish to provide for a child born through assisted reproductive methods or conceived posthumously, then it is crucial that the parent explicitly provide for the child in the last will and testament.
If you have further questions regarding estate planning to benefit a child born through assisted reproductive methods, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.
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