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Estate Planning

Florida launches ABLE United Program

By Asset Protection Planning, Elder Law, Government Benefits, Medicaid Planning

Being one of the first ABLE (Achieving a Better Life Experience) savings plans in the country, Florida’s ABLE program now allows individuals with disabilities to maintain their eligibility for government benefits while owning more than $2,000 in assets.

As of July 13, 2016, Intuition ABLE Solutions has partnered with the Florida Prepaid College Board to launch the program. Qualifying individuals are required to hold their assets in ABLE accounts, which are modeled after college savings plans. The disabled individual acts as the owner and beneficiary of the account, and the growth of the account is tax-free. Up to $100,000 of the account is considered a non-countable resource. Funds may be withdrawn tax-free for qualifying expenses such as transportation, medical expenses, and housing.

However, there are several restrictions to the program. The individual applying for the program must have developed the disability by his/her 26th birthday. When the individual passes away, the state government must be paid back from any funds that remain in the account. Also, no more than $14,000 per year may be contributed to the account by the individual. The maximum limit of the account is $418,000.

If you have further questions on this topic or want to find out whether you or a loved one could benefit from an ABLE account, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

August 9, 2016
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What are some of the federal regulations for home care workers that work through a Medicaid-funded, self-directed program?

By Elder Law, Long-Term Care, Medicaid Planning

If you hired a worker through a self-directed program and act as the employer, federal regulations require that you:

  • You are responsible for making sure the home care workers receives minimum wage and any overtime pay
  • Make sure the fiscal intermediary pays the worker properly, if necessary
  • Make sure the fiscal intermediary or agency keeps employment records
August 5, 2016
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What are some of the federal regulations for home care workers that do not live with us?

By Elder Law, Long-Term Care

If you hired a home care worker directly and the worker does not live with you, federal regulations require that you:

  • Pay the worker the federal minimum wage for each hour worked up to 40 in a week
  • For any hours worked over 40 in a week, pay the worker the one and a half times the worker’s hourly rate
  • Keep employment records
  • Count all hours worked
July 26, 2016
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Department of Labor releases payment guide for home care workers

By Elder Law, Long-Term Care

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.

July 22, 2016
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How To Choose a Funeral Plot

By Estate Planning

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.

July 12, 2016
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How is the appointment of a health care surrogate part of an advance directive?

By Elder Law, Estate Planning, Medicaid Planning

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.

July 8, 2016
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Florida Intestate Rules: Children born through Assisted Reproductive Methods

By Elder Law, Estate Planning

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.

July 5, 2016
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What should I do if a cemetery is not maintaining a grave site?

By Elder Law

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.

http://www.wtsp.com/news/local/sarasotacounty/protecting-your-loved-ones-last-resting-place/251473847

July 1, 2016
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