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Elder Law

Babette B. Bach, attorney in Sarasota, Florida, chosen as a 2012 Florida Legal Elite Honoree

By Firm News

Babette B. Bach, Esquire chosen as a 2012 Florida Legal Elite Honoree

Babette B. Bach will be featured in the July 2012 issue of Florida Trend magazine as a Florida Legal Elite Honoree.  She was selected by the members of the Florida Bar voting on attorneys that they hold in the highest regard and would recommend to others.  Babette is flattered to be a part of such a prestigious group.

Babette B. Bach is a board certified Elder Law attorney.  She is experienced in estate planning, guardianship, Medicaid planning and VA benefits.

Please call our office for an initial consultation at (941) 906-1231.

June 28, 2012
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IRS Identity Theft Protection Steps

By Tax Law

Identity theft occurs when someone uses another’s personal information without their permission to commit fraud or other crimes using the victim’s name, Social Security number or other identifying information. When it comes to federal taxes, taxpayers may not be aware they have become victims of identity theft until they receive a letter from the IRS stating more than one tax return was filed with their information or that IRS records show wages from an employer the taxpayer has not worked for in the past.

If a taxpayer receives a notice from the IRS indicating identity theft, they should follow the instructions in that notice. A taxpayer who believes they are at risk of identity theft due to lost or stolen personal information should contact the IRS immediately so the agency can take action to secure their tax account. The taxpayer should contact the IRS Identity Protection Specialized Unit at 800-908-4490. The taxpayer will be asked to complete the IRS Identity Theft Affidavit, Form 14039, and follow the instructions on the back of the form based on their situation.

Taxpayers looking for additional information can consult the Taxpayer Guide to Identity Theft or the IRS Identity Theft Protection page on the IRS website.

Please contact our office for an initial consultation if you need legal advice at (941) 906-1231.

June 21, 2012
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Definition of a Florida Power of Attorney

By Elder Law, Estate Planning

A Power of Attorney is a legal document appointing authority to another individual to act as your Agent on your behalf.   The authority granted depends on the specific language you choose to include in your Power of Attorney.

 

A Power of Attorney is an important and powerful legal document.  One should always consult an attorney to have the appropriate preference made for clear instruction on how you would like your affairs managed if you are unable to do so yourself.

 

Most Power of Attorneys give their Agent  the right to sell vehicles, real or personal property on your behalf, to enter into a contract on your behalf, to handle financial transactions or to sign legal documents for the maker of the Power of Attorney.  Your Agent must always act in your best interest.

 

The designated person appointed to act on your behalf is called an Agent or Attorney-in-Fact.  Any competent person over the age of 18 or, in certain situations, some financial institutions can serve as an Agent.  It is very important to choose someone reliable and trustworthy.  The Attorney-in-Fact is a fiduciary who is held to a high standard of care and record keeping.  Power of Attorneys are a valuable tool to avoiding a guardianship if you become incapacitated.
Contact our office to schedule an initial consultation for any Estate Planning, Medicaid Planning, or Veterans Benefits needs.

 

June 18, 2012
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New Face to Face Meeting Requirements for patients receiving Medicare, Home Care or Hospice

By Long-Term Care, Medicare

New Face to Face Meeting Requirements for patients receiving Medicare, Home Care or Hospice

By Babette B. Bach Esquire, Sarasota, FL

A requirement that health care providers have a face-to-face meeting with patients was added as a Medicare payment requirement for home health and hospice care by the Affordable Care Act (ACA). Implementation of the requirement was effective April 1st 2011.The Face-to-Face requirement is intended to be a tool for reducing fraud and abuse by assuring that physicians or other healthcare providers have actually met with potential home health patients to determine their specific care needs.

The specifics of the Face-to-Face requirement for home health care are included in CMS regulations that were issued on November 17, 2010.  The regulations establish that a face-to-face encounter must have “occurred no more than 90 days prior to the home health start of care date or within 30 days of the start of the home health care by including the date of the encounter.” The certification of the need for home health care must include an explanation as to why the physician’s clinical findings support the need for home health care, including that the patient is homebound and the need for either intermittent skilled nursing services or therapy. Regulations provide that a face-to-face encounter can be by tele-health as provided in the Social Security Act.

If the face-to-face encounter occurred within 90 days of the start of care, but was not related to the primary reason that the patient requires home health services, or if the patient has not seen the certifying practitioner within the 90 days, the practitioner must have a face-to-face encounter with the patient within 30 days of the start of the home health care.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office for an initial consultation.

 

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

 

June 11, 2012
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Medicaid for the Aged or Disabled

By Medicaid Planning

Medicaid for individuals who are either aged (65 or older) or disabled is called SSI-Related Medicaid.

Florida residents who are eligible for Supplemental Security Income (SSI) are automatically eligible for Medicaid coverage from the Social Security Administration. There is no need to file a separate ACCESS Florida application unless nursing home services are needed.

Individuals may apply for Medicaid coverage and other services using the online ACCESS Florida Application and submitting their application electronically. If long term care services in a nursing home or community setting are needed, the individual must meet a health test, an income test and an asset test. Long-term Care Diversion provides in-home or assisted living services that help prevent institutionalization.  Long-term Care Diversion also has a health test, an income test and an asset test.

For more information on Medicaid and Medicaid programs, visit www.dcf.state.fl.us

If you need legal advice for Medicaid planning, VA planning or estate planning, please contact our office for a consultation.  We do not recommend an application be filed if one is not asset qualified.

 

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

June 5, 2012
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Medicaid Adult Protective Services Program

By Medicaid Planning

The Adult Protective Services Program is charged with protecting vulnerable adults from being harmed (Chapter 415, F.S.). These adults may experience abuse, neglect, or exploitation by second parties or may fail to take care of themselves adequately. Florida statutes require any person who knows or who has reasonable cause to suspect any abuse of vulnerable adults to report that information to the Florida Abuse Hotline at 1-800-962-2873.

The Florida Abuse Hotline screens allegations of adult abuse/neglect to determine whether the information meets the criteria of an abuse report. If the criteria is met, a protective investigation is initiated to confirm whether or not there is evidence that abuse, neglect, or exploitation occurred; whether there is an immediate or long-term risk to the victim; and whether the victim needs additional services to safeguard his or her well-being.

In addition, Adult Protective Services assists vulnerable adults to live dignified and reasonably independent lives in their own homes or in the homes of relatives or friends so that they may be assured the least restrictive environment suitable to their needs (s. 410.602, F.S.).

For more information on Medicaid and Medicaid programs, visit www.dcf.state.fl.us

If you need legal advice for Medicaid planning, VA planning or estate planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

May 28, 2012
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Simple Will vs. a Revocable Living Trust by Babette B. Bach, Esquire

By Elder Law, Estate Planning, Probate

Simple Will vs. a Revocable Living Trust :
Simple Will:  A very effective tool to designate who gets what after death.  Probate is required but this is not usually a difficult process.  The average cost of probate is 3% of the probate assets and the average length of time to complete is six months.  Many assets are not part of the probate estate such as jointly titled real estate, IRAs, annuities, life insurance policies and jointly held assets.

 

Revocable Living Trusts;   These are more complex documents which provide for the trustee to manage assets while the settler is alive but incapacitated or deceased.  It can hold assets in trust for a variety of reasons after the settlor’s death.  Typical reasons may include, a spendthrift child, a disabled descendent, an income trust for the life of a surviving spouse, then residue to children upon death of surviving spouse, Charitable foundations, Pet trusts, generation trusts and tax planning etc.  There is still administrative work to do to administer a trust. Typical costs run about 2% of the trust estate.  It takes about the same amount of time to administer a trust as to probate a Will.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office for an initial consultation.

 

Babette B. Bach, Esquire, Board Certified Elder Law

Fredric C. Jacobs, Esquire, Board Certified Tax Law
Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

April 24, 2012
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Probating a Lost Will in Florida by Babette B. Bach, Esquire

By Probate

Often family members are given copies of wills for safekeeping, but trouble arises when someone dies and the original will is lost.  In Florida, when an original will is known to have existed but can not be located, there is a presumption that the person destroyed the will with the intent to revoke it.  Therefore, a party probating a lost will must present evidence at a hearing to overcome this presumption.  Don’t panic, as it is possible in most cases to overcome this presumption.

 

Florida courts will allow testimony at a hearing from a disinterested witness to prove the execution and contents of a lost will.  If there is an exact copy of the lost original will, the testimony of only one witness to the will execution is required.  However, an unsigned draft of a will does not constitute an exact copy.  If there is no exact copy of a signed will, then the testimony of two disinterested witnesses are required to prove the execution and content of the document.  In every case, a hearing is required in order to satisfy the requirements of Florida Statute 733.207 and relevant Florida case law.

Contact the law firm of Bach & Jacobs, P.A. for an initial consultation.
Babette B. Bach, Esquire, Board Certified Elder Law
Fredric C. Jacobs, Esquire, Board Certified Tax Law
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
(941) 906-1231
www.bachjacobs.com

February 8, 2012
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Are IRA’s exempt from IRS levies for unpaid taxes of the owner of the IRA?

By Tax Law

Are IRA’s exempt from IRS levies for unpaid taxes of the owner of the IRA?

IRA’s are not exempt from IRS levies for the unpaid taxes of the owner of the IRA.  While it is the policy of the IRS to avoid levying against a taxpayer’s IRA or qualified pension plan benefits, it can do so as a last resort (Internal Revenue Manual 5.11.16).  It is also well settled that the IRS lien and levy powers contained in the Internal Revenue Code take precedence over any asset protection provisions in state law, such as FL Stat. 222.21.  The good news is that there is a Tax Court case which holds that in the case of death benefits payable under a qualified pension plan, the IRS levy does not attach to the death benefit, even if the IRS levies against the delinquent taxpayer’s pension account before the death (Asbestos Workers Local 2004-1 USTC 50129).  There does not appear to be any similar case involving IRA death benefits but the analysis should be the same.  It is somewhat similar to IRS levies against life insurance policies owned by a delinquent taxpayer who dies.  While the IRS can reach the cash surrender value, it can’t reach the pure insurance portion of the death benefit payable to a third party beneficiary.

February 22, 2011
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