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Elder Law

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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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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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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Florida Senate adopts several elder care bills

By Elder Law, Estate Planning, Government Benefits, Guardianship

Bill 0080 — Relating to Family Trust Companies

  • This bill revises the Family Trust Company Act to require that all family trust companies apply as a licensed family trust company, register as a foreign licensed family trust company, or stop doing business by December 30, 2016 in the state of Florida.
  • It also requires the family trust company to have at least three directors/managers, with at least one of those directors/managers being a resident of Florida.

Bill 0232 — Relating to Guardianship

  • The passing of this bill renames and expands the Statewide Public Guardianship Office to the Office of Public and Professional Guardians, giving it the responsibility of the administrative duty of writing the rules for the regulation of professional guardians.
  • The bill establishes stricter regulations of professional guardians, who previously have not been closely supervised by the state

Bill 0494 — Relating to Digital Assets

  • Dubbed the “Florida Fiduciary Access to Digital Assets Act,” this bill allows fiduciaries to manage and control digital assets the same way they manage tangible assets.
  • This bill also grants custodians of digital assets the right to interact with the fiduciaries in order to honor the fiduciaries’ requests
  • Lastly, Bill 0494 allows for courts to authorize a guardian the right to access the digital assets of a ward, if the circumstances permit

Bill 1335 — Relating to Long-term Care Managed Care Prioritization

  • This bill not only requires the Department of Elderly Affairs to keep a wait list for the enrollment for community-based services, but also requires the DEA to prioritize individuals through a frailty-based screening tool.

These bills took effect July 1, 2016.

August 12, 2016
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Florida launches ABLE United Program

By Asset Protection Planning, Elder Law, Government Benefits, Medicaid Planning

Being one of the first ABLE (Achieving a Better Life Experience) savings plans in the country, Florida’s ABLE program now allows individuals with disabilities to maintain their eligibility for government benefits while owning more than $2,000 in assets.

As of July 13, 2016, Intuition ABLE Solutions has partnered with the Florida Prepaid College Board to launch the program. Qualifying individuals are required to hold their assets in ABLE accounts, which are modeled after college savings plans. The disabled individual acts as the owner and beneficiary of the account, and the growth of the account is tax-free. Up to $100,000 of the account is considered a non-countable resource. Funds may be withdrawn tax-free for qualifying expenses such as transportation, medical expenses, and housing.

However, there are several restrictions to the program. The individual applying for the program must have developed the disability by his/her 26th birthday. When the individual passes away, the state government must be paid back from any funds that remain in the account. Also, no more than $14,000 per year may be contributed to the account by the individual. The maximum limit of the account is $418,000.

If you have further questions on this topic or want to find out whether you or a loved one could benefit from an ABLE account, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

August 9, 2016
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Dept. of Elder Affairs designates Tallahassee as first Dementia Caring Community in Fla.

By Elder Law, Health

Leon County and the City of Tallahassee are the first Dementia Caring Community in Florida, under a new designation in April 2016 by Sam Verghese, Secretary of the Florida Department of Elder Affairs.

According to Verghese, the initiative stems from the fact that Florida has the second highest incidence of Alzheimer’s disease in the United States. The community is part of the Department’s Dementia Care and Cure Initiative and will support individuals and families affected by the disease.

The department and city are currently in the process of creating a community work plan to take action at a local level. The city will work to achieve several goals for the Alzheimer’s and Dementia community through “awareness, assistance, and advocacy,” according to Verghese.

This announcement also comes with the news that the governor appointed four people to the Alzheimer’s Disease Advisory Committee.  Three of the appointees will serve three-year terms and one will serve a two-year term.

August 6, 2016
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What are some of the federal regulations for home care workers that work through a Medicaid-funded, self-directed program?

By Elder Law, Long-Term Care, Medicaid Planning

If you hired a worker through a self-directed program and act as the employer, federal regulations require that you:

  • You are responsible for making sure the home care workers receives minimum wage and any overtime pay
  • Make sure the fiscal intermediary pays the worker properly, if necessary
  • Make sure the fiscal intermediary or agency keeps employment records
August 5, 2016
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