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Elder Law

Babette B. Bach, Esq. to Speak for the Jewish Foundation of Sarasota-Estate Planning Sarasota

By Estate Planning, Firm News, Medicaid Planning, Medicare

Babette Bach will be the keynote speaker for a seminar March 20, 2013 at the Jewish Foundation in Sarasota. Topics will include estate planning and the basic recommended documents to have in place, Medicare and Medicaid Planning.

Ms. Bach is looking forward to speaking to the members of the community on such an important topic. She appreciates the invite to lecture.

If you need legal advice for estate planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

Florida Senate Rejects Medicaid Expansion

By Medicaid Planning

A Florida Senate committee voted yesterday, March 11, 2013, against expanding Medicaid to roughly 1 million of the state’s poorest under the federal health overhaul and instead proposed a voucher plan that would require patients to pay premiums and co-pays.

Chairman Senator Joe Negron wants the state to create its own health insurance plan for the expanded Medicaid population and require recipients to pay a sliding scale premium based on their income.  However, he has admitted that this may take years to implement whereas the federal proposal is ready to begin January 1, 2014.

How Do I Sign Up for a Direct Express Debit Card?

By Elder Law, Government Benefits

Beginning March 1, 2013, beneficiaries of government benefits are required to have their funds directly deposited into a bank account or they can receive funds through a Direct Express Mastercard issued directly from the government through Comerica Bank.

Signing up for the Direct Express card is easy. Call 1-800-333-1795 or go online to www.godirect.org.

The card will allow beneficiaries access to their funds by making purchases or withdrawals at ATMs. The card has no sign-up fee, no monthly fee and no overdraft charges. There is no fee for teller transactions and beneficiaries can access more than 50,000 participating ATM machines once monthly at no charge.

This new law will save the government a considerable amount of money. It costs $0.92 more to issue a paper check than it does to process funds electronically. There is also less risk of funds being lost or stolen.

Automatic waivers of this new electronic mandate are granted to those beneficiaries born on or before May 1, 1921.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office at (941) 906-1231 for an initial consultation.

Changes to Special Needs Trust Law in POMS

By Elder Law, Estate Planning

In September 2012, there was a change in the POMS prohibiting Special Needs Trustees from being able to reimburse family members for travel to visit a beneficiary. This change stated that a Special Needs Trust document that states that the trust funds can be used to reimburse family members visiting a beneficiary would cause the trust to violate the sole-benefit rule (and make the trust a countable resource). It also prohibited payment of travel expenses to a companion assisting the beneficiary in travel.

Fortunately, on December 18, 2012 the Social Security Administration published yet another change to the POMS which removed the two previously added examples. Special Needs Trusts can once again pay for travel of family members visiting the beneficiary and companion travel fees for assisting the beneficiary with their traveling.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office at (941) 906-1231 for an initial consultation.

How Can I Find a Trusted Florida Elder Law Attorney?

By Elder Law

There are many ways to find an Elder Law attorney. The Florida Bar lists those attorneys who are Board Certified in Elder Law. This informs the public about which attorneys have passed a comprehensive written examination covering nineteen areas of Elder Law, including peer review. In addition, the National Academy of Elder Law Attorneys (NAELA) administers the Certification in Elder Law known as a CELA. This national certification also requires a written examination, as well as peer review. A list of all attorneys in Florida who are board certified in Elder Law can be found at Flabar.org. and a list of CELA’s can be found at NAELA.org.

In addition to state and national certification in Elder Law, attorneys who serve in leadership positions, such as Chair of the Elder Law Section of The Florida Bar, or publish articles on various Elder Law subjects indicate their commitment to the practice of Elder Law.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

10 Ways to be a Healthier Caregiver

By Health, Long-Term Care

It is so important to remember to take care of ourselves while providing care to a loved one. Here are tips to help focus on you while caring for another.

1. Understand what is happening with the disease and diagnosis as early as possible.

2. Know what community resources are available to help.

3. Become an educated caregiver. Take advantage of workshops and training resources available to you.

4. Get help for yourself through friends and family.

5. Stay healthy with your diet, exercise and sleep.

6. Manage your stress level with relaxation techniques that work for you or the help of your physician.

7. Accept changes as they occur.

8. Make legal and financial plans. If possible, involve your ill loved one in the decision making process so their voice is heard.

9. Give yourself credit, not guilt. Caregiving is a difficult job.

10. Visit your doctor for regular check-ups.

There are many organizations with support groups in Sarasota including Senior Friendship Center, Alzheimer’s Association, Jewish Family Services, Neuro Challenge Wellness Center and more.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

Common Symptoms of Caregiver Stress

By Health, Long-Term Care

While it is important to so many people to care for their loved ones in a time when they need assistance, it is also important to remember to take care of ourselves. Here are 10 signs that a caregiver is experiencing stress.

1. Denial about the disease and its effect on the person who’s been diagnosed

2. Anger at the ill loved one, at the disease or the fact that other’s don’t understand the changes happening

3. Social withdrawal from activities, friends and family.

4. Anxiety about providing care and the future.

5. Depression that breaks your spirit.

6. Exhaustion that makes it difficult to complete daily tasks.

7. Sleeplessness due to concerns for the ill loved one.

8. Irritability towards your ill loved one and other family members or friends.

9. Lack of concentration that makes it difficult to perform your day to day tasks.

10. Health problems that begin to take a physical and mental toll on the caregiver’s well being.

If you or a caregiver you know experience any of these signs of stress on a regular basis, it is important to make time to speak with a physician.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

Medicare and Medicaid Benefit Program Recipients Wonder how Reform Will Affect Benefits in 2013

By Medicaid Planning, Medicare

The end of the year approaches and uncertainty grows.  Policy leaders in the U.S. have yet to reach an agreement on a policy package which will help the U.S. economy avert the pitfalls associated with the scheduled spending cuts and tax increases.

One side calls for increased tax, another for reduced government spending.  The budget remains deadlocked.  Many Americans want to know how political policy revisions will affect the deficit and supplemental programs.

State and federally funding programs, such as Medicaid and Medicare, remain on the table for revisions and recipients are concerned.

Medicare spending totaled $492 billion in 2012 and that total is expected to rise over the next 10 years.  Health care costs continue to skyrocket.  This rise plus incline in lifespan is playing havoc on the deficit.  Both Republicans and Democrats believe that reform is needed.  Measures must be taken to improve Medicaid and Medicare.  Experts believe there is not enough time in 2012 to work out a long tem solution.  Short term deals will be made regarding the end of the year budget with long term plans being reviewed after the New Year.

If you need advice for Medicare or Medicaid planning, estate planning, probate and trust administration or VA benefits, please contact our office at (941) 906-1231 for an initial consultation.

Babette B. Bach, Esq. to Speak at the Institute of Advanced Medicine

By Firm News, Medicaid Planning, Medicare

 Babette Bach will be the keynote speaker for a seminar on November 21, 2012 at the Institute of Advanced Medicine in Sarasota, Florida.  Topics will include Medicare and Medicaid, along with elder law advice on financial matters and asset protection planning.

Ms. Bach is looking forward to speaking to the members of the hospital staff on such important topics.

If you need legal advice for estate planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

Babette B. Bach, Esq. to Speak on Medicare Changes for 2013 Post-Election

By Firm News, Medicare

 Babette Bach will be the keynote speaker for a seminar on November 14, 2012 at Kobernick House in Sarasota, Florida regarding potential Medicare changes in 2013.  Topics will include potential Medicare changes now that the election is over, what is already in place despite the election and what could change after the election based on the outcome of the election.

Ms. Bach is looking forward to speaking to the community on such an important topic.

If you need legal advice for estate planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.