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Elder Law

Guardianship vs. POA: Exploitation

By Elder Law, Estate Planning, Guardianship

While appointing a power of attorney can mitigate the need for a guardianship, there are other times in which a guardianship is necessary.

In the last blog post, we discussed the need for a guardianship in the event that the incapacitated person lacks competency and makes harmful decisions. A guardianship may also be needed if the power of attorney does not act in the best interest of the incapacitated person.  If the power of attorney is exploiting the individual by depriving them of their funds or their rights, a court will appoint a guardian to prevent any continued abuse.

If you have more questions on this topic, please contact our office at (941) 906-1231 to speak with one of our attorneys.

March 31, 2017
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Guardianship vs. POA: Incapacitated Individuals

By Elder Law, Estate Planning, Guardianship

In estate planning documents, an agent can be  chosen to act under a power of attorney, which is especially  useful in the event that the principal becomes incapacitated and cannot make decisions for himself.  Typically, a power of attorney is given the authority to control financial affairs. Other times, powers of attorney have complete control over the ward.

When the power of attorney is properly advocating for the ward, and the ward is cooperative, a guardianship may be avoided. However, there are instances and situations that nonetheless necessitate a guardianship. If the incapacitated individual continues undertaking financial activities that put their assets at unreasonable risk of depletion and wasting, a guardianship may be necessary. The guardian can make decisions regarding the ward’s financial, legal, and medical affairs, but some decisions must be approved by the court. By appointing a guardian, the court is able to preserve the ward’s property from dissipation.

If you have more questions on this topic or wish to set up documents, please contact our office at (941) 906-1231 to speak with one of our attorneys.

March 28, 2017
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File and Suspend: Changes to Social Security May Affect Retirement Planning

By Elder Law, Government Benefits

In the fall of 2015, Congress voted down the Social Security strategies known as “file and suspend” and “restricted filing” which were collectively called “claim now, claim more later.” These practices allowed couples to increase their benefits by thousands of dollars. However, because of the Bipartisan Budget Act of 2015, spousal benefits could cost Americans millions of dollars.

 

File and Suspend

 File and suspend was a strategy utilized by married couples about to retire. One spouse would apply for Social Security upon retirement and then ask to suspend their benefits. The other spouse would then be eligible for a spousal benefit, which is half the normal benefit. While this process is happening, the spouse with suspended benefits would watch their Social Security benefit increase at 8% each year until the spouse turned 70.

However, now due to the changes enacted in Congress, spousal benefits may only be received when the spouse whose financial record is being used for the application is currently receiving their own benefit.

 

February 28, 2017
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Emergency and Disaster Planning for Seniors

By Health

Disaster preparedness is important for everyone, but especially for those who reside in Florida and experience the hurricane season. For seniors, it is imperative that they create plans with family members and know who to contact during times of emergency.

A good first step is to discuss the risks in the area where you reside. Depending on your location, it may be necessary to make multiple plans for different emergency situations.

Make arrangements with family, friends, and neighbors before an emergency. Make sure to exchange important keys, phone numbers, and addresses. Also, share copies of emergency documents, evacuation plans, and health information.

For families offering assistance to their elderly loved ones, show them where their emergency supplies are located. In addition to showing them, periodically check with them to see if they remember the location. Your supplies should include items like water, nonperishable food, important medications, extra glasses, hearing aids, and batteries. It is also a good idea to store documents and information on a flash drive to have access to digital copies.

See the attached form from the Federal Emergency Management Agency to fill out a family plan: https://www.ready.gov/sites/default/files/documents/files/Family_Emegency_Plan.pdf. The form includes spaces to fill out relevant phone numbers, insurance information, and social security information.

February 24, 2017
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How do I obtain a veteran’s identification card?

By Veterans Affairs

As of July 20, 2015, the federal Veterans Identification Card Act allows veterans to apply for a Department of Veterans Affairs identification card. This card differs from a Veteran Health Identification card or a retiree ID card in that it demonstrates proof of service for discounts at private businesses.

Although the VA is still in the process of implementing the law and creating the program, which should occur by 2017, there are still ways to obtain an identification card:

  • You can print a free veterans ID card through the VA/DoD portal eBenefits. To get a free eBenefits veteran account, go to https://www.ebenefits.va.gov/ebenefits/homepage.
  • In 49 states, with the exception being the state of Washington, your driver’s license or state ID card can demonstrate a veteran designation. This designation grants veterans many benefits. To learn more, you can contact your state’s department of motor vehicles or department of veterans affairs at http://www.va.gov/statedva.htm.
  • Veterans who are enrolled in VA health care can acquire a free Veterans Health Identification Card. Go to http://www.va.gov/HEALTHBENEFITS/vhic/index.asp to learn more.
February 21, 2017
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Babette Bach Esq. Will Be a Guest Speaker at Event on March 31st, 2017

By Firm News, Health

Attorney Babette Bach, Esq. will be a keynote speaker at an event at JFCS of the Suncoast entitled “A Legal & Financial Presentation & Discussion with The Alzheimer’s Association & Babette Bach, Esq”. This event will take place on March 31st, 2017 from 10:30am to 12:00pm and is presented by the Alzheimer’s Support & Education Network. Please see the event flyer and call 941-364-7508 for more information.

caregiver-education-march-2017

 

 

February 13, 2017
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What to Know About Having Witnesses Present at Your Will Signing

By Estate Planning

When you create a Will, you must obtain signatures from at least two witnesses at the time you sign it for it to be considered valid. The purpose of having two witnesses is so that, if the validity of your Will is ever challenged, they can both attest to your state of mind. These witnesses do not have to read your Will or even be aware of its contents, they just have to be able to certify that you were competent when you signed it. If you are working with an attorney, they should make you aware of this information and help explain the process of having a document witnessed. However, it is good to know some general information regarding rules for witnessing so that you feel more prepared when the time comes to make your Will official or update it.

If you would like to choose your own witnesses, be careful who you pick. Select individuals that are credible and will likely live longer than you, in case they are later asked to testify about the validity of your Will. If possible, avoid having beneficiaries of your Will also be witnesses, as this could be considered a conflict of interest. However, having a beneficiary or interested person witness the Will does not automatically invalidate the Will. If you would rather not choose witnesses, the attorney that you have been working with will likely have paralegals or legal assistants on-hand that can serve as credible witnesses. This eliminates the added stress of having to choose your own witnesses and bring them to the signing. At Bach & Jacobs, members of our team generally serve as witnesses during Will and trust signings.

Make sure you have the right number of witnesses, as every state requires that you have two individuals sign your Will in order for it to be legally binding. Additionally, these witnesses must sign your Will in front of you. Generally, your witnesses will sign the Will immediately after you do.

February 9, 2017
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New study reveals benefits of sniff test for Alzheimer’s

By Health

According to an NPR article titled “A Sniff Test for Alzheimer’s Checks For The Ability to Identify Odors,” it may become more common for doctors to utilize a sniff test to screen people for Alzheimer’s disease. The test assesses people’s ability to identify odors like chocolate and coffee.

At the Alzheimer’s Association International Conference in Toronto, a team of scientists presented their findings; the majority of 60- and 70-year-old  individuals in the group who performed poorly identifying the smells later went on to experience cognitive and memory problems.

This odor test, called the University of Pennsylvania Smell Identification Test, presents many benefits for the medical and Alzheimer’s communities. The article implies that although the tests are not perfect at predicting the disease, they are inexpensive and easy to use. Currently, most tests that are used to identify early stages of Alzheimer’s are reportedly much more expensive. Examples of these tests include PET scans and spinal taps.

Read the original article here: http://www.npr.org/sections/health-shots/2016/07/26/487391863/a-sniff-test-for-alzheimers-checks-for-the-ability-to-identify-odors.

February 3, 2017
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What are niche senior communities?

By Elder Law, Long-Term Care

For many retired seniors, finding a senior living community can be a challenging task. It can be tough to transition from living independently to moving into a community with frequent and close interaction with lots of other folks. However, a growing alternative to the traditional senior living community experience is the niche or “affinity” senior living community. These communities offer seniors the opportunity to live with other like-minded individuals who want to engage in similar activities.

Niche senior communities are particularly attractive to the Baby Boomer generation. They provide couples and individuals of certain religions, backgrounds, and groups a place to meet others like them and to connect with their interests.

Examples of these “niche” communities include those geared toward Indian-Americans, fitness enthusiasts, country music lovers, and more. By joining a niche senior community, you can continue to explore your interests into retirement and surround yourself with like-minded individuals with whom you already have a few things in common.

January 31, 2017
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