Heather R. Chubb, Esq.
The Chubb Law Firm
Fair Oaks, California
916-241-9661
Member of the national ElderCare Matters Alliance, California chapter
Keeping Our Seniors Safe From Scams
Our seniors are a charitable bunch, but sometimes that can get them into trouble. And the scammers out there know it. The scammers know that our seniors are often isolated and being a friendly bunch are willing to talk to a friendly voice. They also know the mail is the highlight of the day for many seniors. Seniors are also inclined to provide information via surveys. And everyone likes to think they could win it big with the lottery or sweepstakes.
Read more on Today's Elder Care Article on ElderCareMatters.com: "Keeping Our Seniors Safe From Scams"…
Scott Makuakane, Attorney at Law, CFP
Founding Partner, Est8Planning Counsel LLLC
Honolulu, Hawaii 96813
808-587-8227
www.est8planning.com
Member of the national ElderCare Matters Alliance, Hawaii chapter, State Coordinator
The Perils of Joint Tenancy
Read more on Today's Article on ElderCareMatters.com: "The Perils of Joint Tenancy"…
Dagmar M. Pollex, Esq.
Law Offices of Dagmar M. Pollex, P.C.
Braintree, Massachusetts 02184
781-535-6490
www.PollexEstatePlanning.com
Member of the national ElderCare Matters Alliance, Massachusetts chapter
Planning for Your Adult Children With Special Needs Can Also Protect Your Assets From Nursing Home Costs
Read more on Today's Article on ElderCareMatters.com: "Planning for Your Adult Children With Special Needs Can Also Protect Your Assets From Nursing Home Costs"…
Russell Hodges, Esq., Managing Partner
Hodges Law Firm, LLC
Atlanta, Georgia 30040
www.RHodgesLaw.com
Member of the national ElderCare Matters Alliance, Georgia chapter
Personal Care Contract Payment to Family Members: ANOTHER MEANS OF ASSET PROTECTION
Read more on Article of the Day on ElderCareMatters.com: "Personal Care Contract Payments to Family Members"…
James J. Ruggiero, Jr., Esq., AEP
Ruggiero Law Offices
Paoli, Pennsylvania 19301
610-889-0288
www.PaoliLaw.com
"ARE YOU HAVING A BAD HEIR DAY?"
As Benjamin Franklin once said, “You may delay, but time may not.” No truer are these words than in the case of estate planning. The average person allows 10-to-15 years to elapse before revising his or her estate plan. Life’s ups and downs, and the impending estate tax law changes, present the opportunity to protect your legacy.
Read more on Article of the Week on ElderCareMatters.com: "ARE YOU HAVING A BAD HEIR DAY?"…
Michael A. Jensen, Attorney at Law
JENSEN LAW FIRM, PLLC
P.O. Box 571708
Salt Lake City, Utah 84107
801-519-9040
www.UtahAttorney.comIf You Don't Have a Will, What Happens to Your Estate?
Read more on Article of the week on ElderCareMatters.com: "If You Don't Have a Will, What Happens to Your Estate?"…
Dennis B. Sullivan, Esq., CPA, LLM
Estate Planning & Asset Protection Law Center of Dennis Sullivan & Associates
888 Worcester Street, Suite 260
Wellesley, MA 02482
781-237-2815
Member of the national ElderCare Matters Alliance
Read more on Article of the Week on ElderCareMatters.com: "6 Mistakes Your Trustee Can Make That Can Spoil Your Trust"…
Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.
Chicago, Illinois 60603
312-899-0950Member of the Illinois chapter, national ElderCare Matters Alliance
Guardianship Matters
Perhaps you have encountered a patient, a friend, or a neighbor like Gary Granite. Gary is a recently widowed man with Alzheimer’s disease. He has taken a few falls lately, he isn’t eating well, he mixes up his many medications and he is facing some difficult health care decisions.
Read more on Article of the Week on ElderCareMatters.com: "Guardianship Matters"…
Angela N. Manz, Attorney at Law
The Law Office of Angela N. Manz
Virginia Beach, Virginia 23452
757-271-6275
Member of the national ElderCare Matters Alliance
There are several government benefits available to seniors who need help paying for extended care. However, the qualifications and requirements for these benefits can often be complicated and confusing, leaving many people unsure of how to qualify or whether they are applying for right benefit for their family.
Read more on Article of the Week on ElderCareMatters.com: "Should My Loved One Apply for Veteran’s Aid and Attendance Benefits or Medicaid?"…
Heather R. Chubb, Life Transitions Lawyer
The Chubb Law Firm
Gold River, California 95670
916-635-6800
Member of the national ElderCare Matters Alliance
Do you remember the uncomfortable feeling you had when your mom or dad sat you down to have “the talk”? Well, I want you to have a talk of a different kind with your parents. This next talk may make you and your parents just as uncomfortable as the first one, but it’s equally as important. I want you to talk to your parents about their estate plan. Read more on Article of the Week on ElderCareMatters.com: "THE SECOND TALK"…
Read more on Article of the Week on ElderCareMatters.com: "THE SECOND TALK"…
J. Michael Bishop, JD
Smiley Bishop & Porter, LLP
1050 Crowne Pointe Parkway
Suite 1250
Atlanta, GA 30338
770-829-3850
Member of the national ElderCare Matters Alliance
Interest rates on bank CDs and money market funds have been at historic lows over the last several years. Sure, everyone wants to make more income from their assets. But always remember there is no free lunch. No matter what a salesman might tell you, with bigger returns come bigger risks.
In an effort to attract seniors’ retirement funds, Wall Street has introduced an array of increasingly complex products that promise investors higher yields than are available from CDs or government bonds. Unfortunately, most of these products carry the danger that an investor can lose most or all of his or her principal investment. In many instances, higher yielding investments are simply inappropriate for seniors seeking to preserve their assets and should not be recommended by stockbrokers, financial advisors or investment advisors. Read more on Article of the week: "Beware: Higher Yielding Investments Can Have Higher Risks"…
Dennis Duncan, Attorney at Law
The Law Offices of Dennis L. Duncan, P.C.
Macon, Georgia 31210
478-254-4232
Member of the national ElderCare Matters Alliance, Georgia chapter
The collective goals of Mr. and Mrs. Marlowe are to protect their family assets for the future benefit of Mrs. Marlowe, their grown children and grandchildren, and accomplished this while at the same time establishing compensability for Mr. Marlowe for Medicaid benefits. The Marlowe family estimate that Mr. Marlowe will need to transition into a long-term skilled care facility in the next two to five years. Read more on Article of the Week: "An Elder Law Case Study – Medicaid and Estate Planning for Mr. and Mrs. Marlowe"…
Kerry R. Peck, Esq., Managing Partner
Peck Bloom, LLC
Chicago, Illinois 60603
1-877-845-1743
Member of the national ElderCare Matter Alliance, Illinois chapter
THE DIAGNOSIS: Stan was 68 years old when he was diagnosed with Alzheimer’s disease. A successful banker, Stan had made a nice life for his wife and children and was an integral part of his neighborhood. He was an active member of his church and the local school board. Despite a family history of Alzheimer’s disease, Stan’s world was shattered when the doctor delivered the test results. He was thrown into a whirlwind of doctor’s appointments and new medications. He was uncertain whether to keep his diagnosis a secret or tell his friends. Before he even began to battle the disease, Stan felt his life was already becoming less of his own. He decided to take back control of his life and called an old friend who was a practicing elder law attorney. Within the week, he and his family were sitting in the elder law attorney’s office to discuss his options.
Read more on Article of the Week: "Now What? A Diagnosis of Alzheimer's Disease and the Legal Issues That Require Prompt Attention"…
Shay Jacobson, RN, MA, NMG
President of Lifecare Innovations, Inc.
Burr Ridge, Illinois 60527
630-953-2154
Member of the national ElderCare Matters Alliance, Illinois chapter
In a perfect world, everyone would have a plan, and every part of it would come into effective play as we age and become less able to manage our own affairs. Those who are named as Trustees and Powers of Attorney for Health Care and Property would be alive, well, and ready to serve at the appointed time.
Read more on Article: Everybody Has a Plan, so Why is There Guardianship?…
Shelley A. Elder, Esq.
Elder Law Firm, PLLC
Kennesaw, Georgia 30152
404-783-2244
Member of the national ElderCare Matters Alliance, Georgia chapter
There are few things more stressful and worrisome than treating and supporting a special needs child. Parents must spend, save, and plan for their own retirement while considering the impact that their decisions may have on their special needs child and any other children they may have. They also think about what will happen to that child when they are no longer able to care for them.
What are some options that a family may have? Each family’s situation is different, but a special needs trust may be the answer, especially for those individuals who may be or become eligible for public benefits, including Supplemental Security Income (SSI) and Medicaid. These programs help pay for basic health and living expenses. Read more on Article: Planning for a Special Needs Child…
Susana Lannik, Attorney at Law
Lannik Law, LLC
Newton, Massachusetts 02458
617-658-2980
Member of the national ElderCare Matters Alliance, Massachusetts chapter
Joe and Henrietta, ages 80 and 75, have been married for fifty years. They have two children, Joe, Jr. and Liz. Joe and Henrietta own their own home and have savings of $170,000. The home is held jointly; the bank accounts are also held jointly with right of survivorship to each other. Joe is a World War II veteran and has Social Security benefits of $1,200 per month, while Henrietta receives $600 per month. Liz lives with her parents, but works outside the home. Read more on CASE STUDY: Developing an Estate and Elder Law Plan for Joe and Henrietta…
Susana Lannik, Attorney at Law
Lannik Law, LLC
Newton, MA 02458
617-658-2980
Member of the national ElderCare Matters Alliance, Massachusetts chapter
What is Probate? Probate is the legal process overseen by a court to ensure your debts are paid and your assets are distributed to beneficiaries as specified in your will. If you do not have a will, the court still oversees the distribution of your assets in accordance with a state law called the Intestacy Statute. Read more on Why Is Avoiding Probate Important? How Can You Avoid It?…
Read more on Why Is Avoiding Probate Important? How Can You Avoid It?…
Victoria L. Collier, Esq.
Collier & St. Clair, LLP
Decatur, GA 30030
404-370-0696
Member of the national ElderCare Matters Alliance, Georgia chapter
The Situation
You helped your veteran client obtain eligibility for veterans pension with aid and attendance. The application was filed, all verification materials were submitted, and you wait for an answer. The good news is, your client was awarded with benefits. You feel really good about helping veteran clients. You feel even better when the Veterans Administration approves a claim for one of your clients.
Read more on Why Isn’t the VA Paying My Client?…
Kenneth C. King, Jr., Esq.
King Law Group, P.C.
Roanoke, Virginia
1-866-985-1123
Member of the national ElderCare Matters Alliance, Virginia chapter
The holidays are the best time of the year for talking T-U-R-K-E-Y. As you savor turkey and gravy and once again remember how good the green bean casserole really tastes, gather your family into a "Time to Talk Turkey" about your family's Love 'n Money. The holidays are the right time to formulate and discuss your family's plans, including your estate plans.
To get you started, during a large helping of mashed potatoes and gravy, here is a simple formula for family discussion: talk T-U-R-K-E-Y(the "Turkey" topics are in the following paragraphs). For each Turkey topic, discuss who, what, when, where and how. It is that simple. So, let's get talking T-U-R-K-E-Y about your family's Love 'n Money. For each letter in "Turkey", we'll get you started with some questions. Now, it is your turn to provide the discussion. Read more on Time to Talk T-U-R-K-E-Y…
David Paul Pollan, Esq.
The Pollan Law Firm
Atlanta, Georgia 30309
877-302-9780
Nursing Home care can cost $8,500 to $10,000 per month. Few people can afford to pay privately for long-term care indefinitely.
All too often, elders assume Medicare will cover continuous nursing home care should the need arise. In fact, Medicare has a very limited "skilled rehabilitation" benefit and for only a maximum of 100 days per spell of illness. Beyond the 100 day maximum benefit period, an individual will either pay privately or seek eligibility for "Nursing Home" Medicaid. Nursing Home Medicaid is an available payment source for continuous nursing home placement for those individuals who meet financial eligibility criteria. Read more on Nursing Home Medicaid and Estate Planning Considerations…
Sheri Abrams, Attorney at Law
Needham Mitnick & Pollack, PLC
Falls Church, Virginia 22046
703-536-7778
Member of the national ElderCare Matters Alliance, Virginia chapter
WHAT ARE SOCIAL SECURITY DISABILITY BENEFITS?
Social Security Disability is a benefit received from the Social Security Administration by disabled workers and in some cases their dependents, similar to those received by retired workers.
WHO QUALIFIES?
To receive benefits under the Social Security Disability program, you must have a physical or mental health problem (or a combination of problems) severe enough to keep you from working in any regular paying job for at least one year. The test isn't whether or not you are able to go back to your old job, and the test isn't whether or not you have been able to find a job lately. Rather, the test is whether you are capable of doing any job available in the national economy. By using an extensive set of regulations, the Social Security Administration takes into account your medical condition, your age, your abilities, your training and your work experience in deciding your case. Read more on Answers to your Social Security Disability Questions…
Richard M. Morgan, JD, LLM
Morgan and DiSalvo, P.C.
Alpharetta, GA 30022
678-720-0750
Member of the national ElderCare Matters Alliance, Georgia chapter
Executive Summary: Converting your investments in traditional IRAs to a Roth IRA during 2010 can be an important planning opportunity for many tax payers. This conversion allows you to move from a tax deferred environment into a tax free environment. While this opportunity is normally open to those with income below a certain cap amount, during 2010 no such income cap exists. Further, while such conversion is an income taxable event (but without any penalties), conversions during 2010 give you the option to defer the taxable income by recognizing 1/2 in 2011 and 1/2 in 2012. Read more on Window of Opportunity: Convert Traditional IRA to a Roth IRA During 2010…
Scott Makuakane, JD, CFP
Est8Planning Counsel LLLC
Honolulu, HI 96813
808-587-8227
Member of the national ElderCare Matters Alliance, Hawaii chapter
What is a trust?
A trust is the legal relationship that is created when a person transfers property to a trustee with the understanding that the trustee will manage the property for the benefit of one or more beneficiaries.
Read more on Answers to frequently asked questions about revocable living trusts…
Jonathan Ginsberg, Esq.
Ginsberg Law Offices
Atlanta, Georgia
770-393-4985
Member of the national ElderCare Matters Alliance,
Georgia chapter
The recession of 2008-2009 has especially affected retirees whose fixed income investments no longer provide enough money to live.
For many retirees, credit card balances have increased the past several years and they can't even afford the minimum payments. Others make mortgage payments on homes that are now worth less than the total mortgage debt. Selling and downsizing is no longer viable.
As an option to help retirees out of their financial troubles, bankruptcy is often met with ambivalence. Moreover, and not surprisingly, to hardworking, industrious men and women, bankruptcy represents both a financial and a personal failure.
Complicating the issue, many retirees hide debt problems from their adult children, or they make ill-advised decisions, such as liquidating retirement plans, long before they meet with their legal or financial advisors.
But before you dismiss the idea of bankruptcy, let's learn a little more about it. Read more on Special considerations for seniors facing bankruptcy…
Paul T. Czepiga, J.D.
Czepiga Daly Dillman, LLC
Newington & Wethersfield , Connecticut
860-563-4070
Member of the national ElderCare Matters Alliance,
Connecticut chapter
Editor's note: The following article about the probate process is a case study of the system in Connecticut. Although not nati0nal in scope, the steps examined in this article may be useful when doing estate planning in whatever state you live in and for generating questions for your financial and legal advisors.
Many people believe it is important is avoid probate. Some have heard that using a "living trust" avoids probate. Others may have had a particularly bad experience with a probate court.
To understand why one might want to use or avoid probate, let's first understand what the probate court's role is in processing estates of decedents, sometimes called the estate administration process. Read more on The Probate Process – Connecticut's 6 steps can help you understand your state's procedures…
Ben A. Neiburger, JD, CPA
Neiburger Law, Ltd.
Elmhurst, Illinois
630-782-1766
Member of the national ElderCare Matters Alliance, Illinois chapter
Estate planning helps ensure your assets go to your desired beneficiaries after you pass away. This article describes the tools, such as gifts, wills, beneficiary designations, trusts, and strategies that elder law attorneys use to create an estate plan. Read more on Estate Planning Tools to Transfer Assets After Death…
By Sanford J. Mall, JD, CELA
Mall Malisow & Cooney, P.C.
Farmington Hills, Michigan
248-538-1800
Member of the national ElderCare Matters Alliance, Michigan chapter
Elder law is a specialized area of law that focuses on assisting older individuals and those with disabilities preserve their dignity, protect their assets, and make good decisions despite increasingly complicated laws. This specialty encompasses such areas as planning and paying for long-term care, asset preservation, housing options, disability planning, estate planning (including the use of financial and health care durable powers of attorney), and when necessary, the involvement of the probate court.
Read more on Understanding Elder Law…
By John Stewart
Director of Estate and Asset Services
American Cancer Society
1-877-227-1598
Member of the national ElderCare Matters Alliance, Georgia chapter
An estate plan aims to preserve the maximum wealth possible for the intended beneficiaries, while providing financial flexibility for the plan's owners throughout their lives.
Most Americans can benefit from estate plans, but more than half don't have one in place.
Read more on Value of estate planning is lost to half the population…
By J. Michael Bishop, JD
Smiley Bishop & Porter, LLP
Atlanta, Georgia
770-829-3850
Member of the national ElderCare Matters Alliance,
Georgia chapter
Six months have passed since Betty's husband Joe died. Betty always let Joe handle the money matters. He had always been a savvy investor, but in the last several years, it had become obvious that Joe really was not on top of his game.
Now, Betty asked her daughter Sarah to help her look through the couple's financial papers. Things are a mess. There are piles of unopened envelopes from brokerage firms, mutual fund companies and banks. As Sarah opens the statements, she becomes distressed because the brokerage accounts have suffered some significant losses due to a downturn in the stock market or is something else wrong? How can she tell? Read more on Caveat emptor – Stockbroker fraud…
By Charles J. Hampton, Esq.
Charles J. Hampton, PC
Atlanta, Georgia
770-804-8000
Member of the national ElderCare Matters Alliance,
Georgia chapter
You might have already gotten the pitch: Come for a free dinner and learn how to avoid probate. The sale is typically a living or revocable trust — transfer your assets now so when you die they will be distributed as you wish without having to pass through the probate court.
Read more on FEAR FACTOR: Probate!…
By Debra A. Robinson, JD
Robinson & Miller, PC
Alpharetta, Georgia
770-817-4999
Member of the national ElderCare Matters Alliance,
Georgia chapter
Women, may we have your attention?
Women are so busy caring for others, they often forget to take care of themselves.
As a result, many women fail to properly plan for the distribution of their assets at death and fail to make their health care decisions in the event of incapacity. Read more on Women Often Fail to Plan for End of Life Decisions…
By Stephen C. Andrews, JD
Bodker, Ramsey, Andrews, Winograd & Wildstein, PC
Atlanta, Georgia
404-351-1615
Member of the national ElderCare Matters Alliance,
Georgia chapter
What do you do when you suspect that a loved one is being subjected to undue influence or other pressures to change their will?
Read more on Are Your Loved One's Being Pressured to Change Their Wills?…
Debra A. Robinson, Esq.
Ronald Zack, Esq.
Paul T. Czepiga, Esq., CELA
Joseph F. Pippen, Jr., Attorney at Law