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Durable Power of Attorney

Today's Q&A on ElderCareMatters.com is about whether elders should gift to their adult children

Question:  I am 75 years old and have a modest amount of savings, a home without a mortgage and a small retirement pension plus my monthly social security check.  I am in relatively good health, and quite candidly hope to live for another 10-15 years.  I have one child who is in her 50s but can’t seem to keep a job or a marriage.  She is again without a job and is now divorced for the 3rd time.  My question is whether I should start gifting her my money and perhaps gift her my home as well in anticipation of my needing nursing home care in the future.  What would you recommend I do from a financial planning perspective, factoring in the fact that elder care cost so much in California?”

Answer:  It is great to hear that you are in good health, but your finances may not be as healthy as you are.

The good news is that your estate is under the current $5 million limit, so there are no estate tax issues.

The bad news is that, based on your information, you have very limited liquidity, and liquidity is the secret of financial survival.  In my opinion, you need to have $1 million in liquidity, that is cash, stocks, or a pension plan, so that you are financially secure during retirement.

Also, there is a real concern about Medicare.  Will it be around in 10 years and will it pay the lion's share of your medical expenses in the future, and if not, will you be able to afford these medical expenses? 

Another concern that you should have is that California is bankrupt.  What affect will this have on its ability to provide California residents with Medi-Cal benefits?

If you have not done so already, I would suggest that you do the following:

  1. Meet with a financial planner to develop a financial "road map".
  2. Meet with an attorney to have the following legal documents prepared:  Power of Attorney for Health, Power of Attorney for Finances, and a Living Trust (which can help your estate avoid the high cost of Probate)  

Finally, regarding your daughter.  I would suggest that at 50 years of age that she assume responsibility for herself–that she find a job, and perhaps start thinking about taking care of you and your elder care needs.

Hope this helps.

Orlando J. Antonini, CPA/PFS, CFP, QFP, RIA, NCG
Antonini CPAs LLP
San Francisco, California
Member of the national ElderCare Matters Alliance, California chapter

Today's Q&A on ElderCareMatters.com is about decision making and Powers of Attorney

Question:  If you have the Power of Attorney for a person what sort of paperwork do you need to keep, and are you authorized to make decisions re: the care of that person in an assisted living facility or nursing home if the person is still in his/her right mind?

Answer:  Once the durable Power of Attorney for health care or finance is in place, the designated person who holds the Power of Attorney should keep as much documentation about the person as possible, including a list of their medications, physician's report including diagnosis, allergies, etc., advanced healthcare directive, POLST (physician's orders for life sustaining treatment), DNR (do not resuscitate) , family history, medical history, copy of the Will, bank information, mortuary information, etc. The Power of Attorney is authorized to make decisions re: the care of that person in an assisted living facility or nursing home even if the person is still in his/her right mind.

My answer to your question is based on my many years of being a long term care Administrator.  If you need more specific information about these legal documents, I would suggest you contact an Elder Care Attorney in California, which can be found on ElderCareMatters.com.

Daniela Berindei, Administrator
Elite Elder Care
El Dorado Hills, California
916-267-1346
Member of the national ElderCare Matters Alliance, California chapter

Question of the Day on ElderCareMatters: "Why is it important for me to have a Power of Attorney?"

Answer:  We all can expect to age and none of us are immune to health crises that may leave us incapable of properly handling personal financial matters. You want to make certain that someone you have complete trust in (known as your agent) will manage your affairs if you are unable to do so. The Power of Attorney (POA)  is a way to do this. 
 

A POA is an extremely powerful document that your agent can use for a variety of Medicaid, estate and long term care planning needs, both foreseen and unforeseen.  Once you choose your agent – someone you have full, total and complete trust in – your POA authorizes that agent to act on your behalf to perform such functions as drawing checks on your bank accounts for specific purposes, append signatures to routine correspondence, act as a signatory to real estate closings and buy and sell financial securities. 

  

After your possible incapacity, your agent will be empowered to sign your name and is obligated to act in your best financial interest at all times and in accordance with your wishes.

 

Paul T. Czepiga, Esq., CELA
Czepiga Daly Dillman, LLC
Newington, Vernon, Wethersfield, CT
860-597-7995
www.CtSeniorLaw.com
Charter Member of the national ElderCare Matters Alliance, Connecticut chapter
 

Question of the Day on ElderCareMatters.com: "My mother has borderline dementia and is making bad financial choices based on an outside influence (ex-boyfriend) in her life. My brother and I are concerned. We have dual power of attorney for her, but wonder when we should step in. Any help on what steps to take would be appreciated."

Answer:  The fact that your mother granted you and your brother her power of attorney is a good indication that she trusts the two of you (and is, perhaps, relying on you) to step in to protect her interests when you think protection is warranted.  You should look into her situation and her finances as far as your power of attorney allows, while at the same time respecting whatever level of autonomy your mother is capable of exercising.  It might be appropriate to enlist the input of her physician or other medical providers who are in a position to shed light on her medical condition.  Hopefully, your mother has given her medical providers her written permission to share her health information with you.  She may have done this in her advance health-care directive, her "HIPAA authorization," or other estate planning or health care documents.  If she has not done so, her medical providers will probably decline to talk with you.

POSSIBLE ACTION STEPS:  (1) Get clear with your brother on your specific concerns.  (2) Agree with your brother on who (if anyone) should be consulted concerning your mother's medical condition and her finances.  (3) Approach your mother with your concerns and let her know that you are there to make sure her interests are protected.  If you can involve your mother’s physician or other family members or trusted individuals, that will probably promote her comfort level.

If your mother clearly understands that you are endeavoring to act in her best interest, she will probably appreciate the attention that you are focusing on her. 

Scott Makuakane, Esq., CFP
Founding Partner, Est8Planning LLLC
Honolulu, Hawaii  96813
www.est8planning.com
Member of the national ElderCare Matters Alliance, Hawaii chapter, State Coordinator

 

Question of the Day on ElderCareMatters.com: "I am an Elder Care Professional with 15 years experience in helping families with their elder care matters. Should I be listed on ElderCareMatters.com?"

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

  • Elder Law Attorneys
  • Estate Planning Advisors
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  • Professional Organizers
  • Reverse Mortgage Lenders
  • Senior Move Managers
  • Senior Real Estate Professionals
  •  Tax Advisors
  • Aging in Place Professionals
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  • And other elder care experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

  • Assisted Living Communities
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Together, we provide families across America with:

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So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

 

 

 

Question of the Day on ElderCareMatters.com: "My husband and I had never purchased long term care insurance, since it was too expensive. Now that he has passed away, I am concerned that I might become a burden for my children. Are there any options for me at my age?”

Answer:   Yes, there are planning steps you can take now.  First, check with your local agencies, such as the Area Council on Aging to find out what eldercare services are available in your area. You may find that there are adult day care centers that cost nothing or are very reasonably priced. Next, determine out what the cost of eldercare is in your community. These providers will include home health care agencies, nursing homes, and assisted living facilities. Prices vary, so survey the market carefully.

Involve your children and inform them of your wishes in the event you need custodial eldercare services, and write down your wishes. Name one of your children or friends that you trust as your eldercare coordinator. As an aside, it is always a good idea to consult with an attorney and have a durable power of attorney drafted, as well as a living will.

If you have assets available for possible eldercare expenses, you should designate those as being for that purpose. If you have existing life insurance or annuity policies, it may be possible to leverage those products by re-positioning them into products that can provide enhanced eldercare dollars in the event that you need them. Check with your financial advisor.

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Gregory D. Roberts, CFP, CLU, ChFC, CLTC, EA
Life Solutions
Aiken, South Carolina  29803
803-617-9805
Member of the national ElderCare Matters Alliance, South Carolina chapter 

Question of the Day on ElderCareMatters.com: "My elderly parents are failing. It's a complicated situation, but I got a Durable POA to protect my mom's assets if my dad passes before my mom. My dad is named as the primary POA, in case my mom passes before my dad. I am named as the secondary. My question is if my dad passes before my mom, and since I am named as secondary on the POA forms, does that mean I automatically become the primary POA for my mother? Will I have the authority to make decisions regarding her estate? What other things should I know about being name "secondary" POA?. Also, I live in a different state than my parents, but the POA forms were created using the laws of their home state. Does living in another state have any impact on transferring authority from the primary to the secondary POA?"

Answer:  If the power of attorney (POA) is valid in the state in which it was written, it should be valid in any state even if you are the secondary agent. You may have to prove that the primary has died through a death certificate. Assuming the POA grants you the right to make decisions regarding your mother's assets such as the power to write checks, to pay bills and deposit checks payable to your mother, living in another state should have no impact on a transfer of authority. One note of caution: The bank may view and make a copy of the original POA, but under no circumstances should they keep the original document. You will need the original document in the event your mother has assets with more than one financial institution.

To find competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

William "Bill" Brown, Attorney at Law
2999 E. Dublin-Granville Road
Suite 217
Columbus, Ohio  43231-4030
614-890-9099
Member of the national ElderCare Matters Alliance, Ohio chapter

Question of the Day on ElderCareMatters.com: "What is the difference between a Power of Attorney and a Guardianship?"

Answer:  A power of attorney is a legal document signed by you that grants another individual power to act and make decisions on your behalf. It may be general or limited to specific matters, such as finances or healthcare.

A guardianship, on the other hand, is a power granted by a court at the request of a third party to take control over your person, with or without your prior or current consent.

Generally speaking, a guardian has the same powers over his ward as a parent has over a minor child, unless those powers are specifically curbed by the court that granted them.

A power of attorney is generally preferable to a guardianship. Powers of attorney can be setup quickly and inexpensively and allow you to choose who will have powers over you, while guardianships can be long and expensive to put in place and leave the choice of a guardian in the hands of the court.

To find competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.

Chicago, Illinois  60603
312-899-0950
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day on ElderCareMatters.com: "My mother is 90 years old, has memory loss issues and is pretty frail. She has been in assisted living since 2003. She has three children and one has her power of attorney. My mother has not been handling her own business affairs since 2003. During that period, the son with the POA has made major decisions independent of the other two children and sometimes against their wishes. He will give us yearly statements from the accountant. Overall my mother seems well cared for at the Assisted Living facility and as happy as can be expected. My mother has a sizable estate of over a million dollars. I have been reading about POAs and discovered that things like gifts are not within the scope of the POA. How much authority does the POA have to make decisions about the use of my mother's funds? Since at her passing my mother's estate will be shared among the three of us, my sister and I feel that we should have some input into matters that effect her funds. Are we wrong? How can we force our brother to include us?"

Answer:  This type of question comes up frequently and the answer depends upon the details of the Power of Attorney document that your mother signed back when she had capacity.  Each state has its own standards with regard to the construction of durable power of attorney rights, but even within that variation, it depends upon what the lawyer who drafted the agreement did or did not include.  If your family was my client, I would advise your brother that it is always best for the person who is serving as POA to be as transparent as possible in performing his duties, but in the end of the day, it is up to that person (the POA) to manage your mother’s affairs in accordance with the POA document and his best judgment.  While you can’t “force” your brother (the POA) to include you and your sibling in decision-making regarding your mother’s affairs, you can request that he does so.  Perhaps you can suggest that the three of you hold a family meeting (either in person or by phone) to discuss things.  If you are concerned that the POA will refuse or that the conversation might quickly become unpleasant, you might want to suggest that the POA engage an objective third party to facilitate the meeting.  This person’s fees would be paid for either from your mother’s funds or equally by the three of you.  The third party could be the attorney who drafted the original agreement, another attorney, a family transition coach, or any other neutral party with skill and experience in such situations.

To find competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Sheri Samotin, President
LifeBridge Solutions, LLC
Naples, Florida  34108
239-325-1880
Member of the ElderCare Matters Alliance, Florida chapter

This Week's Featured Elder Care Expert on ElderCareMatters.com is John E. Settle, Jr., Attorney at Law, member of the Louisiana chapter of the national ElderCare Matters Alliance

John E. Settle, Jr., Attorney at Law

John E. Settle, Jr., Esq.
1915 Citizens Bank Drive    
Bossier City, LA 71111
Telephone: 318-742-5513
e-mail:   
Send E-Mail
website:
http://www.SettleLawFirm.com

This week's Featured Elder Care Expert is John E. Settle, Jr., Attorney at Law, Member of the Louisiana chapter of the national ElderCare Matters Alliance (a network of 1,450+ elder care experts) and Founder of the Law Office of John E. Settle, Jr., a law firm in Bossier City, Louisiana, a firm that specializes in Elder Law, Estate Planning, Elder Abuse Litigation and closely related practice areas. 

Every day this week (M-F), Mr. Settle will answer one of your questions about his areas of expertise (Elder Law, Estate Planning, Elder Abuse, Probate, etc), and this selected question along with Mr. Settle 's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Mr. Settle a question about one of your elder care matters, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.  And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

Question of the Day on ElderCareMatters.com: "I am eighty years old and in excellent health. I have family and friends who can act as executors of my Will and Living Trust. I also have a power of attorney and a Health Care directive However, I don't feel that they would have the expertise to administer my estate (modest though it is). Do I need an Elder Care Lawyer or an Estate Planning Lawyer to help my executors in the case of a serious illness or my demise? What is the cheapest way to get the service that I need?"

Answer:  It is a great idea to have a relationship with an elder law attorney so that your family and friends know who to turn to if something were to happen.  The attorney can help them with decisions if you have a serious illness or require extended care.  The attorney can also help them through the estate administration process after you pass away.  Creating a relationship with a good elder law attorney does not have to be expensive.  Many attorneys either charge a fixed fee for their help or charge hourly only for the work they do for you.  When you meet with an attorney, he or she can talk about how they charge and help work with you to make sure that you are comfortable with how things would be handled.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

Question of the Day on ElderCareMatters.com: "I have Power of Attorney and a Health Care Proxy for my mother. It was done while she lived in NY. She now lives in Georgia by me, so do I have to have a new POA and Health Care Proxy prepared by a Georgia attorney?"

Answer:  Generally, a POA or Health Care Proxy does not necessarily need to be redone simply because your mother moved to another state.  However, I recommend that you have them reviewed by an elder law attorney who practices in Georgia to make sure that they comply with Georgia law and to make sure that they have all of the necessary powers needed to make decisions for your mother.  For instance, if Georgia law requires that the health care proxy be notarized and New York does not, then you may need a new one prepared or it won’t be accepted.  Or if your mother’s POA does not have certain powers which may be necessary for asset protection planning, then you may want to have a new one prepared. If the attorney in Georgia does recommend that your mother sign new documents, he or she should also tell you the specific reasons why that recommendation was made. 

To locate competent elder law attorneys who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

Question of the Day on ElderCareMatters.com: "I need to get a power of attorney and I was wondering if it would be okay to just use one from the internet instead of going to an attorney?"

Answer:  A power of attorney is one of the most important documents that you can execute. It allows you to appoint an agent to manage your financial affairs if you become unable to do so. Without a power of attorney, if you become incapacitated your family will have to go to court to have a judge determine who will manage your financial affairs.  That can be both costly and time consuming and is easily avoided by having a comprehensive power of attorney. 

Many people use the internet to obtain a power of attorney in order to avoid going to an attorney. These internet forms seem simple to complete and are not expensive.  The biggest problem though is that these forms are not tailored to your specific family’s needs and are often missing many important powers that your agent should have. 

The most important function of a power of attorney is that it sets out the specific powers that your agent will have if you become unable to make financial decisions on your own. These powers generally include buying or selling property, managing your bank accounts, paying bills, investing money, cashing checks, and collecting debts. 

In many states your agent only has the powers that are specifically listed in the power of attorney.  This means that a broad statement that your agent can do anything you can do is simply not enough.  Your power of attorney must list out each power you want your agent to have.  

The powers stated in your power of attorney can vary greatly depending on your wishes and your family’s situation.  Some powers are typically not included on an online power of attorney, and therefore it is important to consult an attorney rather than filling out a premade form. For example, the power to transfer money to your children, or to create and fund an irrevocable trust, is generally not included in an online power of attorney, but these can be extremely important powers for your agent to have if you need to do Medicaid or Veterans benefits planning in the future.   

By having a power of attorney, your family can avoid the court process and feel secure about your future. While it is tempting to avoid legal fees by completing an online premade form, I recommend that you seek the advice of an experienced attorney. With your attorney’s help, you can rest assured that your wishes will be carried out should you become unable to manage your finances in the future.

To locate competent elder law attorneys who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

This week's Featured Elder Care Expert on ElderCareMatters.com is Angela N. Manz, Attorney at Law

This week's Featured Elder Care Expert is Angela N. Manz, Attorney at Law, Member of the ElderCare Matters Alliance (a network of 1,450+ elder care experts) and Founder of the Law Office of Angela N. Manz, a law firm in Virginia Beach, Virginia, that specializes in Elder Law, Estate Planning, and closely related practice areas. 

Every day this week (M-F), Ms. Manz will answer one of your questions about her areas of expertise (Elder Law & Estate Planning), and this selected question along with Ms. Manz 's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Ms. Manz a question about your elder care matter, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

This Week's Featured Elder Care Expert is Dennis Duncan, Attorney at Law

Get FREE advice every day about elder care matters from one of our 1,375+ elder care experts (and our team of experts is growing daily).

Families now have FREE access every day to the advice of one of our 1,375+ ElderCare Matters Alliance experts, offering YOU not only answers to your elder care questions but also providing you with up-to-date, useful articles about a wide range of elder care matters. This is information that will help YOU plan for and deal with your family's issues of aging.

This week's Featured Elder Care Expert is Dennis Duncan, Attorney at Law, from Macon, Georgia.  Mr. Duncan provides legal assistance in the areas of Elder Law, Elder Care Planning, Asset Protection Planning, Social Security, Medicaid/Disability Planning, Wills and Trusts, Advance Directives, Probate Law, Guardianship/Conservatorship, and Annuities.  Mr. Duncan will answer a different question each day about his areas of expertise, and a selected question along with Mr. Duncan's answer will be posted on the Featured Elder Care Question of the Day section of www.ElderCareMatters.com.

So if you would like to ask Mr. Duncan a question about an elder care matter, just send a short email (a few sentences only please along with your first name and City & State) to: questions@ElderCareMatters.com

And remember to bookmark www.ElderCareMatters.com and check back every day to see if your question is our Featured Elder Care Question of the Day. 


Special Offer for ALL Elder Care Professionals:  The next 125 elder care professionals who apply for Lifetime Membership in the national ElderCare Matters Alliance will receive a 25% discount off the regular price of $450 for lifetime membership.  (Just $337.50 for a "lifetime membership")  This is a very cost effective way to "get the word out" to literally hundreds of thousands of families across America about how you and your company can help families with their elder care matters. 

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer for a "lifetime membership" (and there are no annual membership dues, ever!) in the national ElderCare Matters Alliance.

To request a Membership Application, send an email to: info@ElderCareMatters.com

www.ElderCareMatters.com – Experts, Information & Answers

At last, families across America have one resource they can tap into daily to relieve the stress of aging…

ElderCareMatters.com

 

ElderCareMatters.com, along with the 1,350+ members of the national ElderCare Matters Alliance, provides families with the elder care resources they need to plan for and deal with their issues of aging.  In fact, here is where you will locate, by state, some of America's top elder care professionals who provide a total of 68 different elder care services that will help you plan for and deal with your family's issues of aging, including:

  1. Advance Medical Directives
  2. Aging In Place Services
  3. Alzheimer's / Memory Care Communities
  4. Annuities 
  5. Arbitration 
  6. Asset Protection Planning
  7. Assisted Living Communities 
  8. Assisted Living Referral Services
  9. Bankruptcy
  10. Caregiving Education 
  11. Consumer Law
  12. Continuing Care Retirement Communiities
  13. Crisis Intervention
  14. Daily Money Management / Bill Paying
  15. Disability Income Insurance
  16. Elder Abuse Litigation Services
  17. Elder Law
  18. ElderCare Planning / Long-Term Care Planning
  19. Estate Administration
  20. Estate Liquidation
  21. Estate Planning
  22. Financial Planning
  23. Geriatric Care Management
  24. Guardianship / Conservatorship
  25. Health Insurance
  26. Hoarding Clean Up and Coaching Services
  27. Home Care
  28. Home Downsizing Services
  29. Home Health Care
  30. Home Modifications
  31. Hospice Care
  32. Independent Living Communities
  33. Investment Services
  34. Life Care Planning
  35. Life Insurance
  36. Litigation
  37. Long-Term Care Insurance
  38. Medicaid / Disability Planning
  39. Medical / Healthcare
  40. Medical Alert Systems
  41. Medical Claims Processing
  42. Medical Equipment & Supplies
  43. Medicare Consulting
  44. Medicare Supplemental Insurance
  45. Medication Therapy Management
  46. Moving / Relocation Services
  47. Personal Finance / Accounting / Tax Preparation
  48. Powers of Attorney
  49. Probate
  50. Public / Non-Profit Resources
  51. Real Estate Services
  52. Rehabilitation Services
  53. Residential Psychiatric Care
  54. Respite Care
  55. Retirement Planning
  56. Reverse Mortgages
  57. Securities Arbitration & Litigation Services
  58. Senior Move Management
  59. Senior Move Planning
  60. Social Security Disability Services
  61. Special Needs Planning
  62. Tax Law
  63. Tax Planning
  64. Transportation Services
  65. Trustee / Fiduciary Services
  66. Trusts
  67. VA Benefits
  68. Wills

 

If you and your family need help with your elder care matters, this is where you will find competent, caring elder care experts located near you who provide a total of 68 different services that will help you plan for and deal with your family's issues of aging.  Whether you are looking for:

  • an elder law attorney in Philadelphia
  • a geriatric care manager in South Florida
  • a long-term care insurance professional in Fort Worth,
  • a home care provider in Southern California, or
  • an assisted living community in Phoenix (as shown in the photo above)…

you can count on www.ElderCareMatters.com to help you find the Elder Care Experts and services that you will need in ALL 50 states (plus the District of Columbia).


 

Special Offer for ALL Elder Care Professionals:  The next 125 elder care professionals who apply for Lifetime Membership in the national ElderCare Matters Alliance will receive a 25% discount off the regular price of lifetime membership.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) in the national ElderCare Matters Alliance.   

To request a Membership Application, send an email to: info@ElderCareMatters.com.

Question of the Day: "What provisions in a will or revocable trust are appropriate for a child or parent who is unable to care for his or her own needs?"

Answer:  A last will and testament becomes effective only upon death and does not contain provisions for planning at incapacity.  However, a properly drafted trust appoints a successor trustee to make distributions to or for the benefit of the Settlor at his incapacity (and this can be expanded to provide for others as well upon the incapacity of the Settlor (such as the Settlor's spouse and children).  Also, a power of attorney for healthcare and property can be used which names an agent to make healthcare and property decisions for a person should they become incapacitated.  These can be drafted with very broad powers, or the powers of the agent can be as limited as desired.  Also, the power of attorney for property can include provisions which allow the agent to make gifts and other estate planning decisions on behalf of a person who has become incapacitated, if that is desired.

NOTE:  The information provided above is not intended to be nor should be relied upon as legal advice.  Peck Bloom, LLC is located in the State of Illinois and the attorneys are only licensed to practice law in Illinois and Florida.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Kerry R. Peck, Managing Partner
Peck Bloom, LLC
Chicago, Illinois  60603
1-877-845-1743

Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day: "For how long and where should I keep all my original legal documents, including my original will? I’ve heard that I should not keep them in my safety deposit box."

Answer:  You should keep the most recent version of your legal documents (wills, trusts, powers of attorney) forever (or until any administration on your estate after you die is complete). If you get a new document done, you can destroy the old one.  You can definitely keep the documents in your safety deposit box; however, make sure someone other than yourself has access to the box. That way, if something happens to you, someone can get into the box to obtain your documents.

Ben A. Neiburger, JD, CPA
Neiburger Law, Ltd.
Elmhurst, Illinois  60126
630-782-1766
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day: "What exactly does Elder Law include?"

Answer:  Legal problems that affect the elderly are growing in number.  Our laws and regulations are becoming more complex.  Actions taken by older people with regard to a single matter may have unintended legal effects.  It is important for attorneys dealing with the elderly to have a broad understanding of the laws that may have an impact on a given situation, to avoid future problems. 

Unfortunately, this job is not made easy by the fact that Elder Law encompasses many different fields of law.  Some of these include:

  • Preservation/transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
  • Medicaid
  • Medicare claims and appeals
  • Social security and disability claims and appeals
  • Supplemental and long term health insurance issues.
  • Disability planning, including use of durable powers of attorney, living trusts, “living wills,” for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetence or incapacity.
  • Conservatorships and guardianships
  • Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents
  • Probate
  • Administration and management of trusts and estates
  • Long-term care placements in nursing home and life care communities
  • Nursing home issues including questions of patients’ rights and nursing home quality
  • Elder abuse and fraud recovery cases
  • Housing issues, including discrimination and home equity conversions
  • Age discrimination in employment
  • Retirement, including public and private retirement benefits, survivor benefits and pension benefits
  • Health law
  • Mental health law

Most Elder Law Attorneys do not specialize in every one of these areas.  So when an attorney says he/she practices Elder Law, find out which of these matters he/she handles.  You will want to hire the attorney who regularly handles matters in the area of concern in your particular case and who will know enough about the other fields to question whether the action being taken might be affected by laws in any of the other areas of law on the list.  For example, if you are going to prepare a new will and your spouse is ill, the estate planner needs to know enough about Medicaid to know whether it is an issue with regard to your spouse’s medical care planning.

David F. Anderson, Esq.
David F. Anderson, P.A.
Miami Lakes, Florida  33016
305-825-4052
Member of the national ElderCare Matters Alliance, Florida chapter

New Member Spotlight: Steven H. Peck, Esq.

Steven H. Peck, Attorney at Law
Law Offices of Steven H. Peck, Ltd.
300 Saunders Road
Suite 100
Riverwoods, Illinois  60015

Member of the national ElderCare Matters Alliance, Illinois chapter

Steven H. Peck is a native of Boston, Massachusetts and is married with three daughters. Mr. Peck graduated cum laude with a Bachelor of Arts degree in Economics from Harvard College. He received his Juris Doctor degree from Boston College Law School.

Mr. Peck is licensed to practice law in Illinois, New York, Massachusetts, Florida and six federal jurisdictions, including the United States Supreme Court and the United States Tax Court.

Mr. Peck has been involved in the estate and tax planning field for over 19 years and is devoted full time to the practice of estate planning. He is a member of the Illinois Forum of Estate Planning Attorneys as well as Wealth Counsel, a nationwide group of attorneys committed to bringing their clients the finest estate planning advice and documentation possible. Additionally, he is a member of Elder Counsel, which is devoted to the practice of elder law and special needs planning. Mr. Peck is also listed in Nationwide Register’s, Who’s Who in Executives and Businesses.

Mr. Peck has presented several hundred seminars on the topic of estate planning for the public and various private organizations across the country. He was also a faculty member for National Business Institute’s professional education seminar “Handling the Generation-Skipping Transfer Tax”.

Prior to estate planning law Mr. Peck practiced real estate development law and spent four years active duty as a captain in the U.S. Army Judge Advocate General’s Corps. Additionally, he has a substantial knowledge of the insurance field having spent several years as an insurance broker prior to practicing law.

Question of the Day: "How can I become one of the Elder Care Experts on www.ElderCareMatters.com and help families across America plan for and deal with their issues of aging?"

Answer:  If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

Special Offer: Next 250 Professional Members Receive 25% Discount

If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

Question: When you need a quick answer about an elder care matter, who can you ask?

Answer:  The experts of the national ElderCare Matters Alliance.

ElderCareMatters.com is now offering a NEW Ask an Elder Care Expert service.

Each week one of our 1,200 experts will answer your family's important questions about elder care matters – from legal, financial, housing, health care, etc.

If you would like to ask one of our Elder Care Experts a question about his/her areas of expertise, just send a short email (a few sentences only please) to:  Questions@ElderCareMatters.com

Every day we will post one of your questions along with an answer provided by our Featured Elder Care Expert of the Week to the homepage of www.ElderCareMatters.com (which is currently visited by thousands of families each week).  Yours may be one of the questions posted.

So bookmark www.ElderCareMatters.com and visit us daily as questions about a wide range of elder care matters are answered by some of America's top elder care professionals with years of experience helping families plan for and deal with their issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
1-877-379-4500
www.ElderCareMatters.com

ElderCare Matters Alliance now has 1,200 professional members

The ElderCare Matters Alliance is a national organization of 1,200 elder care experts who help families across America plan for and deal with their issues of aging, including providing families with a host of elder care resources that can be found on www.ElderCareMatters.com

If you are a competent, caring elder care professional – you need to belong to the national ElderCare Matters Alliance.

To request a Lifetime Membership Application to the national ElderCare Matters Alliance, send an email to psanders@ElderCareMatters.com

www.ElderCareMatters.com – America's online source for elder care experts who help families plan for and deal with their issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
www.ElderCareMatters.com

“What is a Power of Attorney (POA) and what types of POAs are there?“

Answer:  A Power of Attorney is a document that allows another person or people to manage your assets for you, upon your incapacity.

In your Power of Attorney, you are known as the Principal, while the person or people you choose to manage your assets are known as Agent(s).

A Durable Power of Attorney is effective from the date you sign it, through your incapacity, until you choose to revoke it.

A Springing Power of Attorney is only effective upon your incapacity.

Sonya Mittelman, Attorney at Law
Bronx, NY  10461
718-863-4647
Member of the national ElderCare Matters Alliance, New York chapter