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Bach, Jacobs & Byrne, P.A.

Probate Court Series: What is a Probate?

By Probate

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.

Care Planning Part 2

By Long-Term Care

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.

Long term care planning series: Planning Before a Crisis

By Long-Term Care

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 vs. Medicaid: What are you eligible for?

By Medicaid Planning, Medicare

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.

Understanding the Parts of Medicare: Medicare Part D

By Medicare

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.

 

Understanding the Parts of Medicare: Medicare Part C

By Medicare

Medicare part C, also known as Medicare advantage, is the alternative to Traditional Medicare Part B Benefits. It is an HMO model of care that is offered by private insurance companies that Medicare has approved. These private insurance companies typically offer enhanced benefits in addition to those that are traditionally available. These plans have networks to provide services, meaning only specific doctors and hospitals are covered. Each company has its own rules as to which facilities and doctors are covered. These plans are more affordable than Traditional Medicare but they are much more regulated and restrictive.

Understanding the Parts of Medicare: Medicare Part B

By Medicare

Medicare Part B is your Medical Insurance, and it covers two types of services: medically necessary services and preventative services. Medically necessary services include services or supplies that are needed to diagnose or treat your medical condition, such as doctor’s office visits, lab work, outpatient surgeries and x-rays. Preventative services are designed to keep you healthy, and include things such as cancer screenings or flu shots. Medicare Part B also covers medically necessary durable equipment, such as wheelchairs or walkers. Most individuals are required to pay a premium for this type of coverage. This is “Traditional” Medicare and you get to choose any provider you wish who accepts Medicare.

Understanding the Parts of Medicare: Medicare Part A

By Medicare

There are four Main components of Medicare: Medicare Part A, Medicare Part B, Medicare Part C and Medicare Part D. Medicare Part A is your hospital insurance and it covers medically necessary hospital care, limited nursing facility care, hospice, and limited home health services. Medicare Part A is free if you have worked and paid Social Security taxes for at least 10 years (40 Calendar quarters). If you have worked and paid taxes for less time, you have to pay a monthly premium. It does not cover long-term care, most dental care, acupuncture, routine foot care, or eye examinations to prescribe glasses.

Losing Capacity

By Asset Protection Planning, Estate Planning, Guardianship

It is important that while competent you decide who will make personal decisions and who will make financial decisions on your behalf should you lose capacity. Consulting with an attorney regarding your choice of agent or fiduciary will help ensure that your wishes are followed. If a person has not made these decisions and consulted with an attorney, a legal guardianship proceeding may be commenced to appoint an individual who will make decisions on a person’s behalf if the person is incapacitated.

For help regarding these matters, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

League of Women Voters Event On Guardianship And Elder Care Advocacy

By Firm News, Guardianship, Long-Term Care

Babette Bach will be speaking at a League of Women Voters event on Guardianship and Elder Care Advocacy. The event will be held at the Community Foundation of Sarasota (2635 Fruitville Road) at 11:30 a.m on Monday, June 26th, 2017. The event fee is $15 for members and $20 for non-members and you can RSVP by email: [email protected] and pay at the door.

https://www.lwvsrq.org/events/hot-topic-luncheon-2017-06-26/