If you hired a home care worker directly and the worker does not live with you, federal regulations require that you:
In January of 2015, the Department of Labor (DOL) announced that home care workers are required to receive federal minimum wage and overtime pay. The DOL released a guidebook in April of 2016 to advise seniors and family members on how to properly compensate their home care workers.
Home care workers include workers who provide personal care, health-care related, fellowship and protection services. These workers include home health aides, certified nursing assistants (CNAs), and caregivers.
Over the next couple weeks, we’ll cover some of the new requirements for home care providers in different situations.
When choosing a funeral plot, it is important to plan ahead in order to prevent spouses and relatives from undue stress during times of grief. During periods of mourning and grief, it is challenging for loved ones to think clearly and make big decisions. By planning ahead, you can save your loved ones from stress and have more control over the process of choosing the cemetery.
Before deciding on a funeral plot, you should be thorough in researching the location, amenities, prices and reputation of the cemetery. It is also important to consider the two categories of cemeteries: private and public. At privately-owned cemeteries, it is state law that 10% of the purchase price goes to a trust fund for maintenance of the property monitored by the state.
Public cemeteries include cemeteries used by the community, neighborhood or church. For public cemeteries, check to make sure that the organization that manages it is fiscally sound. While the cemetery may currently seem to be in a good state, there are problems that it could experience in the future.
It is important for everyone, young and old, to plan for both end-of-life care and unforeseen medical problems. There are certain documents you can prepare to appoint a trusted person to assist you with health care decisions if you are incapacitated.
Health Care Surrogate
A great first step in preparation for this is to designate a health care surrogate. A health care surrogate is an appointed individual who makes health care decisions for you when you become unable to make them yourself. This individual advises doctors and makes important medical decisions for you. Your living will and appointment of a health care surrogate are two documents that can guide your health care decision-making. A health care surrogate does not have any control of your finances unless indicated. Typically, you would designate a durable power of attorney to have access to your finances.
If you have further questions about this topic or setting up your estate and end-of-life documents, contact one of our experienced estate planning attorneys at (941) 906-1231.
A still developing area in Florida estate planning involves the rights of children born through assisted reproductive methods to the decedent’s estate. Assisted reproductive methods include in vitro insemination, artificial insemination, and donated eggs.
According to Florida law, a child born through assisted reproductive methods “shall not be eligible for a claim against the decedent’s estate unless the child is provided for in the decedent’s will.”
And Florida, among many other states, has an intestacy law (FLS § 742.17) that specifically denies inheritance rights to posthumously conceived children. However, if the children are provided for in the will, they gain back their inheritance rights.
In 2012, in a unanimous 9-0 decision, the Supreme Court ruled in Astrue v. Capato that children born after the death of their father were not entitled to Social Security benefits. This was decided due to the fact that the father passed away in Florida and the state’s intestacy laws prohibit posthumously conceived children from inheritance.
If parents in Florida wish to provide for a child born through assisted reproductive methods or conceived posthumously, then it is crucial that the parent explicitly provide for the child in the last will and testament.
If you have further questions regarding estate planning to benefit a child born through assisted reproductive methods, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.
If a cemetery is not maintaining a grave site for your loved one, you can report them to regulatory authorities.
To do so, go to the Florida Funeral, Cemetery, and Consumer Services website at http://www.myfloridacfo.com/division/FuneralCemetery/ and complete a complaint form. The form asks for information regarding the complaint and any important contracts and letters. The form is only one page long and should be mailed to the Division of Funeral, Cemetery & Consumer Services at Gaines Street, Tallahassee, FL 32399-0361.
On the Division of Funeral, Cemetery and Consumer Services website, you can also view prior disciplinary orders issued against individuals and businesses.
For more information on this topic, watch the interview below with elder law attorney Babette Bach.
If assets are discovered after a probate proceeding has ended, it may be possible to reopen the estate through a motion and possibly a hearing. When thinking about reopening an estate, you should first consult with an experienced probate attorney who will be able to determine whether the personal representative still has authority to act. This would depend on the amount of time which has passed since the probate’s closing and applicable state laws. The fee for reopening a closed estate is around $50 in Sarasota County. For more information about reopening a probate estate, see the attached fact sheet from the Sarasota Clerk of the Circuit Court’s website.
If you have further questions about a probate proceeding or want to reopen a probate estate, contact one of our qualified probate attorneys at (941) 906-1231.
If the client’s physician prescribes assisted living pursuant to a plan of care and the client has either severe cognitive impairment or is chronically ill, 100% of the cost of the client’s monthly charges in the assisted living facility will be tax deductible as medical care expense. The IRS defines “chronically ill” as applying to a person who is unable to perform at least two activities of daily living without substantial assistance for at least 90 days. The activities of daily living are eating, toileting, transferring, bathing, dressing and continence. This tax exemption would not apply to purely discretionary items such as telephone costs or extra meals for visitors.
For personalized tax planning advice from a Florida Board Certified Tax Attorney, contact our office at (941) 906-1231.
Executors are tasked with locating the heirs identified in estate planning documents but this can often prove difficult and, sometimes, an heir cannot be located. When this happens, Florida Probate Code directs PRs to determine the worth of the unclaimed assets and, depending on their value, deposit the proceeds with the clerk who will publish a notice to attempt to locate the heir. If a missing heir finds out that they were to inherit assets, even after their sale, they can contact the Chief Financial Officer and obtain the proceeds from the assets within 10 years of the date of their deposit.
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