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Bach, Jacobs & Byrne, P.A.

How to Tell Loved Ones that You are Terminally Ill

By Health

If you have been diagnosed with a terminal illness, finding a way to tell your loved ones is very difficult and emotionally taxing. If you find yourself faced with this challenge, you may not know where to start. While the process of conveying a terminal illness to relatives is different for everyone, here are some tips to facilitate the conversation:

Be Direct.

  • When approaching a difficult topic, it is best to cut right to the chase. Getting the information out there will lift the burden off of you and allow your loved ones to get a clear view of what your illness entails and of what the future may hold.

 

Don’t be afraid to show emotion.

  • Though your natural inclination may be to appear strong for those that you love, don’t feel the need to hide your emotions. Dying is scary, and it is okay to express your fears to those who care about you. They will understand that you are dealing with complex emotions and will do everything in their power to make this process as easy on you as possible.

 

Be prepared to answer questions.

  • Though you are familiar with the terms of your illness and may already be prepared for your end-of-life process, your loved ones are not. Be prepared for them to ask difficult questions such as “How long do you have left?” or “Are you sure there aren’t any other treatment options available?” Though you may not be able to alleviate all of your loved ones concerns, allow them to ask questions and create an open dialogue with you, as it will help the acceptance process.

 

Write down what you want to say before you start the conversation.

  • As this conversation is difficult to have, it may be helpful to write down the key points that you wish to address in your discussion. That way, you won’t forget to say anything that you feel is important and you will have notes to reference if you need them. This is especially helpful if you feel that you or your loved ones will become highly emotional throughout the course of the talk.

 

Give your loved ones a chance to process the news.

  • Though you may have made peace with your illness, the revelation that you are dying will be shocking news for your loved ones. They may have trouble accepting what you are telling them right away; this is natural. Give them time to process this information, as they may not know how to react at first.

What is osteoporosis?

By Health

Osteoporosis is a disease in which bone density and bone quality are reduced. Osteoporosis causes bones to become more porous and brittle, which increases the risk of fracture. An estimated 54 million Americans over the age of 50 are affected by low bone mass or osteoporosis, and that number is expected to rise another 14 million by 2020.

The body is constantly absorbing and replacing bone tissue, but with osteoporosis the development of new bone cannot keep up with the removal of old bone. Generally, patients with osteoporosis do not experience any symptoms until the first bone fracture occurs. Though osteoporosis cannot be cured, it can be treated.

To prevent osteoporosis, adults should:

  • Maintain a healthy, nutritious diet
  • Consume adequate amounts of calcium
  • Maintain an appropriate supply of Vitamin D
  • Avoid drinking heavily
  • Avoid smoking
  • Participate regularly in exercise
  • Avoid malnutrition

The Different Types of Macular Degeneration: Dry Macular Degeneration

By Health

As explained in the last installment of our blog regarding this topic, macular degeneration is an eye condition affecting the macula that causes central vision loss. Additionally, age-related macular degeneration is the most common form of macular degeneration and it comes in two forms: wet and dry.

85-90% of people afflicted with age-related macular degeneration (AMD) suffer from the dry form. Dry macular degeneration results in the deterioration of layers in the retina due to the gradual breakdown of light-sensitive cells in the macula. These cells are responsible for transmitting visual information to the brain, and when they break down it results in a blurring of an individual’s central vision. Symptoms of this form of macular degeneration usually develop gradually and without pain. These may include, but are not limited to:

  • Multiple small, round, yellow-white spots in the back of the eye (can be detected through use of an ophthalmoscope)
  • Visual distortion
  • Reduced central vision in one or both eyes
  • Difficulty recognizing faces
  • Difficulty adapting to low light levels
  • Blurriness of printed word
  • Visual distortions
  • Decreased intensity of colors

The Different Types of Macular Degeneration: Wet Macular Degeneration

By Health

Macular degeneration is an eye condition that is caused by deterioration of the retina (the interior layer of the eye). Macular degeneration affects the macula, which is the part of the retina that gives us clear, detailed vision. With macular degeneration, an individual loses their central vision and cannot see fine details, but their peripheral vision remains unimpaired (imagine looking at someone and having a blurry, black dot where their face should be but still being able to see the outline of their figure).Age-related macular degeneration (AMD) is the most common type of macular degeneration and is also the leading cause of blindness in Americans over 55. There are two types of AMD: the wet form and the dry form.

Wet macular degeneration is the most advanced form of AMD and, though it only afflicts 10-15% of individuals with macular degeneration, it causes 90% of the severe vision loss caused by this condition. Wet macular degeneration is generally caused by abnormal blood vessels that grow under the retina and leak fluid or blood into the macula. The symptoms of wet macular degeneration usually appear suddenly and advance quickly. These symptoms may include, but are not limited to:

  • Reduced central vision in one or both eyes
  • Visual distortion
  • Hazy vision
  • A blurry or blind-spot in your field of vision
  • Decreased ability to view colors
  • Impaired ability to see detail
  • Rapid onset and development of symptoms

The New Estoppel Law

By Elder Law, Real Estate

Estoppel is the legal principle that prevents an individual from making assertions that are contradictory to their previous statements before the court or are contradictory to what has legally been established as the truth. Estoppel can operate by way of stopping someone from making a certain assertion in court, exercising a certain right, or from bringing a particular claim. In spring of 2017, two new bills related to estoppels in the context of homeowners associations cleared both Florida legislative chambers and have been in effect since July 1st, 2017. These bills are Senate Bill 398 and House Bill 483.

The following bullets explain the most noteworthy components of the legislation and the changes that these bills have made:

  • Associations have 10 days to produce an Estoppel certificate
  • Estoppel certificates must be valid for at least 30 days
  • Estoppel certificate fees cannot exceed $250 and rush fees cannot exceed $100
  • No fees may be charged for amending Estoppel certificates
  • Clarifies what must be included in an Estoppel certificate (more information must now be provided to the purchaser by the association)
  • Associations may still charge fees, but may be required to reimburse them if the property is not sold

These new bills are beneficial to title agents, buyers, sellers, closing agents and realtors by keeping costs lower and making the overall estoppel process move more quickly. Bach & Jacobs, P.A. provides title insurance of closing services for real estate transactions and can assist you if you purchase or sell real estate that is part of a homeowners or a condo association.

Older Americans Month

By Firm News

In 1963, John F. Kennedy declared May to be Senior Citizens Month and in 1980, President Jimmy Carter decided to change Senior Citizens Month to Older Americans Month. This month, we celebrate the lives of our older Americans and reflect upon their many contributions to our nation. Everyone here at Bach & Jacobs would like to thank our clients, friends, loved ones and all our country’s senior citizens for their extraordinary contributions to our Nation. Make sure to celebrate the Older Americans in your life this month and remember that none of us would be here without them. Happy Older Americans Month!

 

Long-Term Care Benefits for Veterans

By Long-Term Care, Veterans Affairs

There are more than 12.4 million veterans over 65 who have served our country in a multitude of ways. Elderly Veterans may be eligible for a variety of benefits that are available, including: disability, pension, compensation, health care, education, home loans, insurance, employment, burial and vocational rehabilitation.

There are two programs geared specifically towards elderly veterans that provide them with additional money if they are eligible for receiving a pension benefit. The first, Aid and Attendance, will be given to veterans who are either bedridden, residing in a nursing home, have significantly impaired vision or require help performing daily functions. The second program, Housebound, gives veterans an augmented pension if they are confined to their immediate premises due to a disability that is permanently inflicted upon them.

Healthcare benefits are often provided to elderly veterans as well. Elderly veterans with a myriad of healthcare needs can receive geriatric care either in their residence, at VA medical centers, in long-term care programs or in the community.

To learn more about these benefits and to determine your eligibility or that of a loved one, visit the Veterans Affairs website and peruse the “benefits” section. To apply, you can go online and complete the process through eBenefits, work with a representative or go to a VA regional office and have an employee assist you. Babette Bach, esq. is a Board Certified Elder Lawyer and can advise you about public benefits available to seniors, including veterans benefits.

 

National Elder Law Month

By Elder Law, Firm News

May has been designated as National Elder Law Month by the National Academy of Elder Law Attorneys. Elder Law is a broad field of legal practice that encompasses important life processes including, but not limited to: Estate Planning, Medicaid, Tax Law, Probate Administration and Asset Protection Planning. We would like to thank the talented attorneys at Bach & Jacobs for their commitment to providing service of the utmost quality in the field of Elder Law as well as the clients that make their jobs possible. Happy National Elder Law Month!

For assistance regarding any Elder Law needs, contact our offices at 941- 906-1231 to schedule an appointment with one our attorneys.

The Two Main Forms of Probate in Florida

By Probate

Probate is defined as the process of proving a Will is valid in court and thereafter administering the estate of the decedent according to the terms of their Will. In Florida, there are two main types of probate: Summary Administration and Formal Administration. In an effort to make the probate process less complex and easier to understand, this blog will break down these two forms of probate.

  • Summary Administration: Summary Administration is often the easiest and least expensive type of probate, but it can only be utilized when an individual’s estate is worth less than $75,000 and there are no unpaid creditors of the decedent. Additionally, if the decedent has been dead for at least two years at the time the probate process is started, then Summary Administration may be employed. If the decedent died with a Will, it will be admitted by the court if it is valid. If the decedent died without having created a Will, the process of intestate succession will apply.

 

  • Formal Administration: Formal Administration involves close supervision by the court of the collection and distribution of the assets in the decedent’s estate and the payment of the decedent’s creditors. Once a probate attorney has been hired and the official filings have been made to the court, a judge will issue letters of administration (an order that authorizes a Personal Representative to act on behalf of an individual’s estate), then the process may begin. Administration of the estate may involve: notifying creditors, collecting assets, collecting debts, identifying the rights of beneficiaries, maintaining assets, processing and paying creditor claims and preparing objections to a claim. When this process is complete, the hired probate attorney will file a petition with the court to close the Estate. Once the estate has officially been closed, the probate process is over.

Warning Signs of Dementia

By Health

Dementia is defined as a chronic or persistent disorder of the mental processes caused by brain disease or injury. Dementia is traditionally marked by symptoms such as memory disorder, personality changes and impaired reasoning. Dementia is a very complex and progressive condition, with negative effects that can manifest themselves as a variety of different symptoms.

To help you be able to identify the possible emergence of dementia in an individual, here’s a list of warnings signs and symptoms:

  • Memory loss
  • Communication impairment
  • Impaired visual perception
  • Repetition in conversation or in daily activities
  • Confusion
  • Mood swings
  • Inability to perform tasks that they are usually able to complete in an adept manner
  • Apathy
  • Frequent falls

If a loved one is experiencing any of these symptoms or you think that they make be suffering from an affliction such as dementia, schedule an appointment with their doctor immediately and get their condition diagnosed and treated.