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Elder Law

Is My Out of State Power of Attorney Valid In Florida?

By Elder Law, Estate Planning

Question: My parent executed a power of attorney document in another state that appoints me the attorney in fact.  As a Florida resident, can I use the out-of-state power of attorney document to handle my parent’s financial matters in Florida?

Answer: Yes, under Florida law a power of attorney executed in another state is valid in Florida so long as the execution met the requirements of either (a) the state of Florida or (b) the state where the document was executed at the time.  A third party, such as a bank or other financial institution, may require an opinion of counsel regarding the validity of the power of attorney if the out-of-state document does not meet Florida’s requirements.  If you have an out of state power of attorney document and are unsure of its validity, call Bach & Jacobs. We can have it reviewed so you can be sure the document meets the requirements of either Florida or the state where it was executed.

If you need legal advice for estate planning or would like a review of your existing legal documents, such as a power of attorney, please contact our office at (941) 906-1231 for an initial consultation.

August 11, 2013
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Sarasota is Part of Medicaid Experiment

By Long-Term Care, Medicaid Planning

Thousands of caregivers in Sarasota and Charlotte counties are receiving letters this month from the state, telling them they have 30 days to enroll their loved ones in Florida’s new Medicaid Long-term Care program.

The two counties are part of a sweeping experiment in managed long-term care that begins here on Sept. 1, affecting 5,596 Medicaid recipients in a seven-county area.

The goal: To cut Medicaid costs by gradually diverting more frail Floridians from nursing homes or assisted-living facilities and into home care.

To achieve this, private contractors will take over the state’s work of supervising cases and paying providers.

For the first year, contractors’ bonuses are linked to a modest 2 percent reduction in their share of the nursing home population, who receive 24-hour highly skilled care. The expectation is that these companies can move more Medicaid patients over time to less costly assisted-living facilities — or even back to their own homes, the cheapest option.

Click here to read the whole Herald Tribune article.

July 9, 2013
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Attorney Sean Byrne to Join Bach & Jacobs Sarasota, FL

By Firm News

Bach & Jacobs, P.A. is pleased to announce that Sean M. Byrne will be joining the firm this summer.

Mr. Byrne’s practice focuses on trust & estate planning, probate, guardianship, and elder law litigation. Mr. Byrne begins with Bach & Jacobs on July 22. Prior to joining Bach & Jacobs, Sean was the in-house counsel for the Conservation Foundation of the Gulf Coast where he provided options to landowners, high net worth individuals, and their financial advisors seeking to reduce federal income taxes and local property taxes through land conservation and philanthropy. Sean will continue to represent parties to real estate transactions involving environmentally sensitive lands.

Mr. Byrne is a member of the Florida Bar, the American Bar Association, the Southwest Florida Estate Planning Counsel, the Sarasota County Bar Association and the Young Lawyers Division. He is a graduate of Leadership Sarasota County and is the founder of the nationwide Next Generation Conservation Attorneys network, currently sponsored by the national Land Trust Alliance.

“Sean combines a sharp legal mind and a diligent work ethic with his genuine concern for senior citizens and their families. He will be an outstanding addition to our strong team of professionals who put our clients’ interests at the heart of everything we do,” said Babette B. Bach, founder of Bach & Jacobs and a Board certified attorney by both the Florida Bar and the National Academy of Elder Law Attorneys (CELA).

Bach & Jacobs practices estate planning, probate, guardianships, tax and business law, Medicaid, VA benefits and land conservation transactions.

Sean M. Byrne can be reached at (941) 906-1231 or at [email protected].

June 3, 2013
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Can an Adult Child Deduct the Medical Expenses Paid on Behalf of their Parent on their 2012 Tax Returns?

By Tax Law

Yes, a child can deduct medical expenses they paid on behalf of their parent (even if the parent doesn’t qualify as one of their dependents, doesn’t live with them and has a gross income that exceeds $3,800 for tax year 2012) if the child provided over half of the parent’s total support during the tax year. Assuming that the child paid more than 50% of their parent’s total support during this tax year, then the medical expenses paid on the parent’s behalf in excess of 7.5% of the child’s Adjusted Gross Income (AGI) are deductible on the child’s individual income tax returns as itemized deductions.

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

April 10, 2013
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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.

March 14, 2013
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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.

March 10, 2013
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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.

January 20, 2013
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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.

January 20, 2013
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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.

January 8, 2013
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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.

January 3, 2013
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