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Elder law attorneys Sarasota

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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Liquidating Your Computershare Stocks Online

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

Stocks are considered a countable asset for Medicaid qualification. Sometimes, a Medicaid plan may involve liquidating stocks, and planning with the proceeds. If you need to liquidate your Computershare stocks, follow these instructions:

  • Go to https://www-us.computershare.com/Investor
  • If you already have an account, click Log In, and enter your username and password
  • If you don’t already have an Investor Center account, click Create Log In
    • You will need to enter your social security number, zip code, and the company you own shares in.
    • Follow the prompts to create an account
    • An email will be sent to you containing a link to confirm the email address. Once you receive this email, click on the link to confirm your email address.
  • Once you are logged onto Investor Center, you will be on the Portfolio Page. Click on the purple arrow next to the stock you would like to sell.
  • On the right-hand side, place your mouse on the Select Action button to expand the drop-down window, and click on the Sell option
  • Proceeds will be mailed to you in the form of a check from Computershare

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 13, 2020
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Will the Stimulus Check Impact My Medicaid Eligibility?

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

The recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides for a direct payment of up to $1,200.00 to most taxpayers.  As the IRS begins to send out these payments, many Medicaid recipients are wondering how the stimulus checks will affect their Medicaid eligibility.

                The stimulus checks will be excluded as income and as an asset in the month of receipt and will continue to be excluded as an asset for 12 months following the date of receipt. This means that individuals receiving Medicaid benefits will be able to accept those payments without putting their benefits at risk.

Medicaid recipients are free to use the stimulus payments as they wish. Because the stimulus payment is excluded as an asset for 12 months from the date of receipt, it will not put the Medicaid recipient over the asset limit of $2,000.00. However, after the 12 months is over, any money remaining will be counted as an asset.

If you have specific questions regarding 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.

May 12, 2020
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What is a Codicil, and How Does It Relate to Estate Planning?

By Estate Planning

A codicil is a document that supplements a Will that has already been created and is an estate planning tool that allows provisions to be made to said Will. People generally create a codicil to their Will if they want to modify certain terms of the Will without having to create a new one entirely or go through the process of updating said Will. Codicils are most useful for small, fairly inconsequential changes to a Will, such as a change of a beneficiary or additional burial instructions. If larger, more significant changes need to be made to a Will, it may be advisable to draft a new Will entirely or to talk to your attorney about the process of updating a Will.

If you have further inquiries, please contact our office at 941-906-1231 to schedule an appointment with one of our attorneys to discuss your estate and end-of-life planning.

July 24, 2018
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Are “Deathbed Wills” Valid in Florida?

By Elder Law, Estate Planning

A deathbed Will is one developed and executed when the individual creating the Will is facing imminent death. A deathbed Will may be created if someone experiences a rapid decline in health, whether it be due to an illness, accident or other factor, and does not have a current Will and/or estate plan in place. As long as the individual creating the Will is competent, a deathbed Will is considered as legally binding and valid in Florida as one that is drawn up in advance at an attorneys’ office. If a person is not competent at the time they create the deathbed Will or appears to have been unduly influenced by another individual, complications will likely arise, and the Will may be proven invalid in court.

Attorney Sean Byrne is a trust and probate litigator. Whether you are challenging or defending a Will or trust, you can contact Bach , Jacobs, & Byrne, P.A. to discuss your various legal options with regard to a Will or trust contest.

 

July 20, 2018
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