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Elder Law

Beware of Coronavirus Related Scams in Florida

By Elder Law, Long-Term Care

The IRS is warning taxpayers to be on the lookout for scams related the Coronavirus, or COVID-19, which can lead to tax-related fraud and identity theft. The IRS and its Criminal Investigation Division have seen a new wave of phishing schemes against taxpayers.  Senior citizens are among the most vulnerable to these scams and should be especially careful during this time.

In its press release, the IRS reminded taxpayers that the IRS is never going to call you asking to verify or provide your financial information so you can get an economic impact payment or refund faster.  Taxpayers should watch out for emails, text messages, websites, and social media attempts that appear to be from the IRS and request money or personal information. If you receive an email that appears to be coming from the IRS, do not open it or click on attachments or links. You should go to the IRS official website, www.IRS.gov for the most up-to-date information.

The IRS also provides the following items to keep in mind, in order to protect yourself and your loved ones:

  • Scammers may emphasize the words “stimulus check” or “stimulus payment.” The official term is economic impact payment.
  • Scammers may ask the taxpayer to sign over the economic impact payment check to them.
  • Scammers may ask by phone, email, text, or social media for verification of personal and/or banking information, saying that the information is needed to receive or speed up their economic impact payment.
  • Scammers may suggest that they can get a tax refund or economic impact payment faster by working on the taxpayer’s behalf. This scam could be conducted by social media or even in person.
  • Scammers may mail the taxpayer a bogus check, perhaps in an odd amount, then tell the taxpayer to call a number or verify information online in order to cash it.

 

Taxpayers who receive unsolicited emails, text messages, or social media attempts to gather information that appear to be from the IRS should forward it to [email protected].

Fred Jacobs is a Florida Board Certified Tax Lawyer and Sean Byrne is an elder law litigator.  Contact Fred or Sean at Bach, Jacobs & Byrne, P.A. if you or a senior you know has been the target of elder exploitation or needs assistance with tax matters. Call (941) 906-1231 to schedule an appointment.

June 9, 2020
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Can a Florida Nursing Home or Assisted Living Facility Take My Stimulus Check?

By Elder Law, Government Benefits, Long-Term Care

The recently enacted federal Coronavirus Aid, Relief, and Economic Security (CARES) Act provided for a direct payment of up to $1,200.00 to most taxpayers, including many residing in nursing homes and assisted living facilities. Unfortunately, the Federal Trade Commission has received several reports of nursing home and assisted living facilities requiring their residents who are on Medicaid to sign over the stimulus funds to the facility. There have been reports of facilities claiming that because the resident is on Medicaid, the facility gets to keep their stimulus payment. This claim is not true.

According to the CARES Act, the stimulus payments are a tax credit. Under the Internal Revenue Code, tax credits do not affect eligibility for federal benefits programs, like Medicaid, and they are not counted as a resource that an individual must use to pay for those benefits.

Because most nursing homes and assisted living facilities are currently closed off to the public due to COVID-19, it can be more difficult to monitor your loved one’s finances. If you are managing a facility resident’s financial affairs (such as an agent under power of attorney) or your loved one lives in a nursing home or assisted living facility and you are not sure what happened to their stimulus payment, talk to the facility’s management.

If you find out that a Florida nursing home or assisted living facility has taken your loved one’s stimulus payment, you should report it to the Florida attorney general’s office immediately and file a complaint with the Federal Trade Commission.

If you have specific questions regarding your stimulus payment and preserving your Medicaid eligibility, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

June 8, 2020
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COVID-19: Tips for Supporting Loved Ones with Dementia Living in Nursing Homes During the Pandemic

By Elder Law, Health, Long-Term Care

There is no evidence to suggest that dementia itself increases the risk for Coronavirus, just like dementia does not increase risk for flu. However, behaviors, increased age, and common health conditions that often accompany dementia may increase risk. For example, people with dementia may forget to wash their hands or take other recommended precautions to prevent the illness. Viruses like COVID-19 or the flu may worsen cognitive impairment due to dementia.

 

The CDC has provided guidance on the prevention and control of COVID-19 in nursing homes. Precautions may vary based on local situations. If you have a loved one with dementia living in a nursing home:

 

  • Check with the facility regarding their procedures for managing COVID-19 risk. Make sure the facility has your emergency contact information and contact information for another family member or friend as backup.
  • Do not visit your loved one in the facility if you have been exposed to COVID-19, or have any signs or symptoms of illness.
  • Depending on the situation in your local area, facilities may limit or not allow visitors, in order to protect the residents.
  • If visitation is not allowed, ask the facility how you can have contact with your loved one. Options may include telephone calls, video chats, or emails to check in.
  • If your loved one is unable to engage in calls or video chats, ask the facility how you can keep in touch with staff in order to get updates.
June 3, 2020
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Opening the Qualified Income Trust Bank Account

By Asset Protection Planning, Elder Law, Medicaid Planning

Opening the Qualified Income Trust Bank Account

Once a Qualified Income Trust (QIT) has been prepared and signed, the Trustee must establish and maintain a separate bank account in the name of the QIT. The account can be established at any banking institution. Prior to going the bank to open the account, it is a good idea to call your bank and make an appointment. It helps to explain the situation before you arrive for the appointment, so that the bank representative will know what your purpose is and will be better equipped to help you.  When you call to make the appointment, explain that you, as Trustee of a Trust, will be setting up a checking account and making a deposit. Explain that it is not a trust account, but just a regular checking account that happens to be in the name of a trust.  Make sure that the bank can offer you a checking account that is non-interest bearing, and that you do not need to keep any minimum amount in the account at any given time.

The QIT account should be titled in the name of the Trust, for example, “Jane Doe Qualified Income Trust Dated __________, 2020” or “John Smith, Trustee of the Jane Doe Qualified Income Trust Dated ________, 2020.” A QIT is a “grantor trust”, which means that for tax reporting purposes, the trust’s finances are the same as the Settlor’s finances. Therefore, the bank should use the Social Security Number of the Settlor (the Medicaid recipient).

Make sure you bring the original Trust Agreement and your Driver’s License or other government issued photo identification with you to the bank to open the checking account. The bank can make a copy of the Trust, but you should not relinquish possession of the original Trust.

If you have specific questions regarding setting up a Qualified Income Trust account or your duties as the Trustee of a Qualified Income Trust, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

May 26, 2020
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Elder Exploitation – Fla. Stat. §825.1035 – What is considered “Exploitation”?

By Elder Law

On July 1, 2018, a new Florida statute, §825.1035, Fla. Stat., created a new legal process to protect vulnerable adults from exploitation. Exploitation is defined in §825.103(1), Fla. Stat., and includes:

  1. Using or trying to use a vulnerable adults funds or property with the intent to deprive the vulnerable adult of it, or to benefit someone else, by a person who is in a position of trust and confidence with the vulnerable adult, or by a person who has a business relationship with the vulnerable adult.
  2. Using or trying to use a vulnerable adult’s funds or property with the intent to deprive the vulnerable adult of it, or to benefit someone else, by a person who knew or should have known that the vulnerable adult lacks the capacity to consent.
  3. Breaching a fiduciary duty to a vulnerable adult by the vulnerable adult’s guardian, trustee, or agent under a power of attorney, which results in an unauthorized appropriation, sale, or transfer of property; or if the fiduciary violates the following duties:
    1. Fraud in appointment;
    2. Abuse of power;
    3. Wasting, embezzling or intentionally mismanaging assets;
    4. Acting contrary to the vulnerable adult’s sole benefit or best interests.
  4. Misappropriating, misusing, or transferring without authorization, funds from a bank account where the vulnerable adult was the sole contributor or payee of the funds. This applies only to personal accounts, joint accounts created with the intent that the vulnerable adult has all rights to the money deposited, or convenience accounts in accordance with §655.80, Fla. Stat.
  5. Intentionally or negligently failing to effectively use the vulnerable adult’s income and assets for the vulnerable adult’s support and maintenance by a caregiver or a person who stands in a position of trust and confidence.

If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

May 22, 2020
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Elder Exploitation – Fla. Stat. §825.1035 – Who does the law protect?

By Elder Law

In July 2018, a new statute, §825.1035 Fla. Stat., created a cause of action for an injunction for protection against the exploitation of a vulnerable adult. The law is targeted at protecting “vulnerable adults.” According to §415.102(8) Fla. Stat., a vulnerable adult is “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.” It is important to note that this definition does not necessarily require that the person lack capacity to be considered a vulnerable adult.

If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

May 21, 2020
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My Dead Relative Received a Stimulus Check. How Do I Return It?

By Elder Law, Government Benefits, Probate, Tax Law

According to the IRS, stimulus payment made to someone who died before receiving it should be returned to the government. If the payment was made to a single filer, the entire payment should be returned. If the payment was made to joint filers, and one spouse had not died before the receipt of the payment, only the portion of the payment made on account of the decedent should be returned. This amount will be $1,200.00, unless the joint adjusted gross income exceeded $150,000.00.

If the payment was a paper check and you have not cashed it:

  1. Write “Void” in the endorsement section on the back of the check.
  2. Mail the voided Treasure check to the appropriate IRS location, based on your state of residence. This information can be found at https://www.irs.gov/coronavirus/economic-impact-payment-information-center#more. If you live in Florida, the check should be mailed to:

         Austin Internal Revenue Service

3651 S. Interregional Hwy

Austin, TX 78741

  1. Do not staple, bend, or paperclip the check.
  2. Include a note stating the reason for returning the check.

If the payment was a direct deposit, or if the payment was a paper check and you have cashed it:

  1. Submit a personal check, money order, etc., payable to “U.S. Treasury,” immediately to the appropriate IRS location, based on your state of residence. This information can be found at https://www.irs.gov/coronavirus/economic-impact-payment-information-center#more. If you live in Florida, the check should be mailed to:

         Austin Internal Revenue Service

3651 S. Interregional Hwy

Austin, TX 78741

  1. Write “2020EIP” and the deceased recipient’s social security number on the memo line of the check.
  2. Include a brief explanation of the reason for returning the payment.

Fred Jacobs is a Florida Board Certified Tax Lawyer.  Contact Fred at Bach, Jacobs & Byrne, P.A. to discuss tax planning for you and your family. Call (941) 906-1231 to schedule an appointment.

May 20, 2020
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What are the 2020 ICP Medicaid Figures for Skilled Nursing Care?

By Asset Protection Planning, Elder Law, Medicaid Planning

Some ICP Medicaid eligibility figures for seniors in need of long term-care are tied to inflation. Each year, the Centers for Medicare and Medicaid Services release the updated eligibility figures. As of April 1, 2020, the eligibility standards are as follows:

Single Applicant Resource Allowance: $2,000

Institutional Spouse Resource Allowance: $2,000

Maximum Community Spouse Resource Allowance: $128,640

Minimum Monthly Maintenance Needs Allowance: $2,114

Maximum Monthly Maintenance Needs Allowance (this is the maximum spousal diversion allowed): $3,216

If you need legal advice for Medicare or Medicaid planning, estate planning, probate and trust administration or VA benefits, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

May 18, 2020
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How Do I Replace My Medicare Card?

By Asset Protection Planning, Elder Law, Long-Term Care, Medicaid Planning

If your Medicare card has been lost, stolen, or damaged, you have three options to replace it:

  • Call the National Security Hotline at 800-772-1213
    • You will need to provide your:
      • Name as it appears on your most recent Social Security card;
      • Social Security number; and
      • Date of birth.
    • Hours of Operation: Monday-Friday 7:00 a.m.- 7:00 p.m.
  • Apply for a new card online
    • Go to https://secure.ssa.gov/RIL/SiView.do
    • If you don’t already have an account, you can create one online. Go to Sign in or Create an Account.
    • Once you are logged in to your account, select the “Replacement Documents” tab. Then select “Mail my replacement Medicare Card.”
    • Your Medicare card will arrive in the mail in about 30 days at the address on file with Social Security.
    • You can only create an account using your own personal information and for your own exclusive use. You cannot create an account for another person or using another. person’s information or identity, even if you have that person’s written permission.
  • Go to your local Social Security office
    • You can find your local Social Security office and their hours by entering your zip code at https://secure.ssa.gov/ICON/main.jsp
    • Make sure to bring a government issued photo ID, and your Social Security number.

If you have specific questions regarding asset protection planning and Medicaid eligibility, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

May 15, 2020
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How Do I Replace my Social Security Benefit Verification Letter?

By Asset Protection Planning, Elder Law, Long-Term Care, Medicaid Planning

In order to apply for Medicaid, you will need a current copy of your Social Security Verification Letter to confirm your gross benefit amount. These are sent to you in the mail each year. If you are unable to find a copy of the letter for the current year, you have three options:

  • Download your Benefit Verification Letter instantly online
    • Go to https://secure.ssa.gov/RIL/SiView.do
    • If you don’t already have an account, you can create one online. Go to Sign in or Create an Account.
    • In order to create an account, you will need to provide personal information to verify your identity, and choose a username and password
    • You can only create an account using your own personal information and for your own exclusive use. You cannot create an account for another person or using another person’s information or identity, even if you have that person’s written permission
    • Once you are logged in to your account, scroll down to the Benefits & Payments section and choose “Get Benefit Verification Letter”
    • From there, you can instantly view, print, or save your official letter
  • Call the National Security Hotline at 800-772-1213
    • You will need to provide your:
      • Name as it appears on your most recent Social Security card;
      • Social Security number; and
      • Date of birth
    • Hours of Operation: Monday-Friday 7:00 a.m.- 7:00 p.m.
  • Go to your local Social Security office
    • You can find your local Social Security office and their hours by entering your zip code at https://secure.ssa.gov/ICON/main.jsp
    • Make sure to bring a government issued photo ID, and your Social Security number.

If you have specific questions regarding asset protection planning and Medicaid eligibility, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

May 14, 2020
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