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Elder Law

Today's Q&A on ElderCareMatters.com discusses our role in linking families across America to competent elder care experts

Every day, more and more families from across America are relying on ElderCareMatters.com to help them find competent "Elder Care Experts" who are located near them and who can help them with a wide range of elder care matters, such as legal services, financial planning, home care, senior housing, adult day care, geriatric care management, money management, insurance services, aging in place services, etc. 

Below are just a few of the many emails that ElderCareMatters.com receives daily from families across America requesting help with their elder care matters:

  • I am looking for help for my 77 year sister who lives in Louisiana and has been abandoned by her children.  Can you help me? 
  • I need to locate someone to provide home care for my wife.  We live in New Jersey.  Can you help us? 
  • We need to find senior transportation services in the Miami area.  Can you help us? 
  • My mother has been injured in an Assisted Living Home in Arizona and we need an attorney with whom to discuss this legal matter.  Can you help us? 
  • Can you help me locate elder care experts in the Jacksonville, Florida area?

If you are a competent, caring professional who helps families plan for and/or deal with elder care matters, then you should definitely become a professional member of the national Elder Care Matters Alliance and you should be listed on ElderCareMatters.com – America's #1 source for Elder Care Experts, Information & Answers about Elder Care Matters.  Professional membership is just $15/month.

To request an Application for Membership to the national ElderCare Matters Alliance, send us an email at:  info@ElderCareMatters.com

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

Today's Q&A on ElderCareMatters.com is about gifting and VA planning for Aid & Attendance

Question:  Would you please provide me with some information re: gifting as it relates to VA planning for Aid & Attendance.  It is my understanding that there are no penalties involved for gifting assets in order to reduce resources to approved levels.  Mom’s income is less than the medical expenses that she will pay in the assisted living facility, but her assets are a bit too high.

Answer:  At this time, gifting does not create penalties (or periods of ineligibility) for the purposes of VA pension benefits.  That being said, gifting for VA purposes may create penalties (periods of ineligibility) for the purposes of future applications for Medi-Cal for skilled nursing facilities.  Any time you do gifts for VA purposes, you should be structuring a plan that ensures that you will not be creating periods of ineligibility for future Medi-Cal applications.  Often a stroke, hip fracture, heart attack, or some other unexpected medical hospitalization and subsequent discharge to a skilled nursing facility will create a need for Medi-Cal benefits within the look-back period (currently 30 months after the gift was made, or 60 months in the case of gifts to irrevocable trusts, and 60 months for all gifts in the future when the Deficit Reduction Act is implemented with filing of final regulations with the Secretary of the State of CA).  If you have not structured the gifts to create either no period of ineligibility or very minimal period of ineligibility, then you will have shot yourself in the Medi-Cal foot when you do your VA pension gifts.  Because the gifting rules for Medi-Cal are complicated, see an experienced California attorney who knows the current rules about gifting.  Be sure to ask the attorney if they are experienced in the laws governing gifting under Medi-Cal and if they can structure a gifting program that will not create a period of ineligibility, or that will greatly minimize any gifting period of ineligibility.  Also, if you are thinking of gifting real estate, the rules are even more complicated for purposes of VA pension or Medi-Cal, and you will need an attorney with experience in both areas of law.  Any time you gift an asset that has appreciated in value since purchase, there will be tax issues to evaluation, discuss, and account for—income tax issues, capital gains step-up issues, 121 exclusions, property tax reassessment issues, so do not try to do this on your own.  Lastly, when someone needs VA pension now, it is not unlikely that they will need Medi-Cal within a matter of months or a few years, so always consider that VA gifts may create Medi-Cal penalties if not structured properly.   The area of gifts for VA and Medi-Cal is not a do-it-yourself proposition.  Get good legal advice and guidance. 

Dallas Leigh Atkins, Esq.
Law Offices of Dallas Atkins
Santa Barbara, CA  93101
805-687-8782
www.AtkinsElderCareLaw.com
Member of the national ElderCare Matters Alliance, California chapter

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
  • Financial Planners
  • Investment Advisors
  • Geriatric Care Managers
  • Insurance Professionals
  • Life Care Planners
  • Professional Organizers
  • Reverse Mortgage Lenders
  • Senior Move Managers
  • Senior Real Estate Professionals
  •  Tax Advisors
  • Aging in Place Professionals
  • Daily Money Managers
  • 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
  • Alzheimer's / Memory Care Communities
  • Continuing Care Retirement Communities
  • Home Care Agencies

Together, we provide families across America with:

  • Unparalleled professional expertise
  • Up-to-date elder care information & answers to your elder care questions
  • Competent, caring assistance with a wide range of elder care services

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: "Should I transfer my home to my kids to protect it if I should need nursing home care?"

Answer:  The correct answer is "It depends". It depends on your unique family, health, and financial situation. Tax consequences also have to be considered. In the event you need long-term care, there is a five year look-back period that applies to gifts (transfers of assets without consideration). Thus, if you are faced with a chronic or catastrophic illness within five years after you transfer the home to your children; such transfer may impact your ability to obtain Medicaid (Title 19) benefits. This is a very complicated area of the law and requires careful consideration.

If it makes sense to transfer the home to your children, there are several ways to structure the transfer. The first is an outright gift to your children. This is generally not advisable for tax reasons and asset protection purposes. The second is by completing the transfer but retaining a life estate. While generally superior to an outright gift, this is also not without problems. However, the retained life estate does give you some legal control over the property and also preserves some tax benefits associated with inherited property versus gifted property. The third is a transfer of your home to an irrevocable trust. This is usually the preferred method of protecting the home as it balances tax benefits with asset protection issues and also protects the home from your children's creditors or in the event they should predecease you.

As you can see, the transfer of your home is something that requires careful consideration and sound legal counsel.

Paul T. Czepiga, Esq., CELA
Czepiga Daly Dillman, LLC
Newington, CT  06111
860-597-7995
www.CtSeniorLaw.com
Member of the national ElderCare Matters Alliance, Connecticut chapter

Question of the Day on ElderCareMatters.com: “My mother just moved into an assisted living community in Illinois. We were told that once all her assets have been depleted that they will start taking her social security. They said that she would never be kicked out and that Medicaid will kick in. How do we know if Medicaid will approve her? And what if they don't? They are really pushing for us to sell her house ASAP! I'm just so scared that once they've sucked up all her assets that somehow she might have to leave. Is there a way Medicaid will pay without selling her house?”

Answer:  Wow, I would be worried also, without any assurances in writing.  Please understand that there are a number of issues in your question, all rolled into one.  First, when your mother entered the assisted living facility, she or, perhaps a family member acting on her behalf, probably signed a contract.  It is important to know what provisions are contained in the contract to see if, in fact, what you have been told verbally is in the written agreement.  Second, you said your mother moved into assisted living.  However, unless it is a continung care community or one of the few supportive living facilities in Illinois that take Medicaid, most assisted living facilities do not accept Medicaid, so more information is needed. Third, you don't mention how your mother is paying for the assisted living facility and what other assets she may have, so it's difficult to asses how soon she may need assistance paying for care.  The house presents a trickier issue.  Is there a possibility your mother intends to return to her home?  If so, the home may not be considered an available asset for purposes of qualifying for Medicaid.  The home may also be exempt if a "qualifying family member" is living in the home.  She may be allowed to transfer the home to a qualifying family member.  However, if she does not intend to return home, if there is no qualifying family member living in the home, and the home is sold, there may be planning strategies that could preserve some of the funds for her use, rather than to spend them all down before qualifying.  Bottom, line, it is not a simple question, and you would be well served by seeking the advice of an experienced elder law attorney in your area who could sort out all the issues and recommend planning strategies rather than rely on verbal assurances of the facility representative.

Teresa Nuccio, Esq.
Teresa Nuccio & Associates, P.C.
Park Ridge, Illinois  60068
847-823-9576
www.teresanuccio.com
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day on ElderCareMatters.com: "Would you please provide me with a list of all the 87 different elder care services that the members of the national ElderCare Matters Alliance provide on ElderCareMatters.com?"

Answer:  It is my pleasure to provide you with the following list of the 87 different elder care services that are currently provided by the members of the national ElderCare Matters Alliance on ElderCareMatters.com:

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

The goal of ElderCareMatters.com is to provide families across America with the help they need to plan for and deal with their elder care matters.  Let us know if there are other elder care services that you would like to have us list on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information & answers about a wide range of elder care matters.

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

Question of the Day on ElderCareMatters.com: "I noticed this morning that ElderCareMatters.com now has a total of 72 different elder care / senior care services that are included on this wonderful website. Can you tell me how these services are selected, and are there a maximum # of services that will be included on ElderCareMatters.com?"

Answer:  ElderCareMatters.com is an elder care resource to help families across America plan for and deal with their elder care matters.  With this goal in mind, we will continue to add more elder care-related services to ElderCareMatters.com in order to make this online elder care resource invaluable for families looking for help in planning for and/or dealing with their elder care matters.

Below are the 72 different elder care services currently listed on ElderCareMatters.com (with more services soon to be added): 

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

If you need help with your family's elder care matters, you can count on ElderCareMatters.com to provide you with the experts, information & answers you need to plan for and deal with your elder care matters.

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

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 parents are both in their 80s and living in Illinois. We are considering moving them into an assisted living arrangement that requires a deposit, which would be returned (on a pro-rated basis) should they move or die. Does this deposit qualify for the homestead exemption under Medicaid eligibility?”

Answer:  Whether or not your parents’ deposit qualifies as an exempt asset under Medicaid depends on whether the contract is a lease agreement or a contract to purchase a unit.  At many assisted living residences the contract is a lease agreement, not ownership, and will not qualify.  In Massachusetts, home ownership is required to qualify for the exemption for your home.  The home ownership exemption, however, is not valid if he is not able to return home.  As a result, many clients who own homes will protect them and their life-savings with an asset protection trust.  That way the deposit at an assisted living residence can be funded with home sale proceeds or other savings and continue to be protected in the trust even if they get sick in a nursing home and are no longer able to satisfy the requirement of “intending to return home.”  As a result of the asset protection trust there is more flexibility and greater protection for life savings, without the otherwise required ability to return home.

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.

Dennis B. Sullivan, Esq., LLM, CPA
Estate Planning & Asset Protection Law Center of Dennis Sullivan & Assoc.
Wellesley, Massachusetts  02482
781-237-2815
Member of the national ElderCare Matters Alliance, Massachusetts chapter 

This Week's Featured Elder Care Expert on ElderCareMatters.com is Dennis B. Sullivan, Esq., CPA, LLM

Dennis B. Sullivan, Esq., CPA, LLM
888 Worcester Street, Suite 260
Wellesley, Massachusetts  02482
781-237-2815
www.EstatePlanandAssetProtection.com
Member of the national ElderCare Matters Alliance, Massachusetts chapter

This week's Featured Elder Care Expert is Dennis B. Sullivan, Esq., CPA, LLM, Member of the Massachusetts chapter of the national ElderCare Matters Alliance (a network of  1,500+ elder care experts across America). 

Mr. Sullivan has over 25 years of experience helping individuals and families with tax, estate, and asset protection planning. 

Every day this week (M-F), Attorney Sullivan will answer one of your questions about his areas of expertise (Tax, Estate Planning, Asset Protection Planning), and this selected question along with Mr. Sullivan'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. Sullivan 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 on ElderCareMatters.com is William "Bill" Brown, Attorney at Law

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

This week's Featured Elder Care Expert is William "Bill" Brown, Attorney at Law, Member of the Ohio chapter of the national ElderCare Matters Alliance (a network of  almost 1,500 elder care experts).  Attorney Brown has practiced in the areas of probate, elder law, trusts and estate planning for over 50 years, and is the author of "Trusts" and "Estate Planning a Practical Guide".

Every day this week (M-F), Mr. Brown will answer one of your questions about his areas of expertise , and this selected question along with Mr. Brown'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 Attorney Brown 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: "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

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

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.

Question of the Day on ElderCareMatters.com: "My elderly but healthy parents own some collectables valued at approximately $100,000. They also jointly own their house with a value of $135,000. They have about $150,000 in cash and retirement accounts worth $125,000. What planning can be done now so that these assets may be retained by the family if my parents need to go into a nursing home in the future?"

Answer:  First, let me say that it is nice to see a family discussing planning in advance of the need for long-term skilled nursing care.  By planning now a greater variety of options are available to meet your goals.  I am going to presume that you are concerned about preserving assets if your parents need to rely on Medicaid to pay the nursing home bills.  The Medicaid rules vary somewhat for each state, but as a general principal to get the most preservation you will need to plan at least 5 years in advance of the need for care. 

Any planning that is done must consider not only the rules for Medicaid eligibility but also the recovery (or payback) rules.  For example, the home is an exempt asset for eligibility purposes and it could remain in your parents’ name, but upon the death of the remaining spouse the state will want to be paid back for the care it provided to the ill spouse, which could result in the forced sale of the home. 

Asset preservation will fall into 2 categories – converting assets from non-exempt to exempt and getting assets out of your parents’ names, i.e., giving them away.  Some examples of conversions include using funds to make repairs or improvements to the home, buying mom and dad a new car, purchasing a Medicaid compliant annuity or entering into a personal care contract. 

Because giving assets away means a loss of control over the asset, your parents need to be part of the plan.  If they are “young” healthy elderly they may not be ready to give up control.  Flexibility in the plan will be important as will giving assets away in the right way.  

Oftentimes assets are given directly to a child with the thought that the child will use the funds for the parents later when the need arises.  But what if the child divorces, is sued or is just not good with money?  Mom and dad’s hard earned assets may be taken away forever.  Included in the definition of “giving away” is adding a child’s name to the house deed or bank accounts.  Therefore giving assets away in the right way is critical.  Special irrevocable trusts work nicely to provide the protections your parents need.  

A final word of warning when giving assets away, if mom or dad needs care prematurely i.e., within 5 years of the gift, a penalty period or period of ineligibility for Medicaid will result.  This period will not begin to run until mom or dad applies for Medicaid. 

When it comes to Medicaid and asset protection planning timing and knowledge are everything and it is not a do-it-yourself project.  An elder law attorney in your state will be able to guide and educate your parents about the Medicaid rules applicable in your state and which preservation techniques will suit them best.

To locate experts in your state who can help you with these elder care matters, go to: www.ElderCareMatters.com - America's online source for elder care experts plus information & answers about a wide range of elder care matters.

Heather R. Chubb, Life Transitions Lawyer
The Chubb Law Firm
Gold River, California  95670
916-635-6800
Member of the national ElderCare Matters Alliance, California chapter

Question of the Day on ElderCareMatters.com: "My sisters and I worry about our elderly parents and a handicapped sister who all live in the same house in Georgia. We have heard that if one or both of our parents have to move to a nursing home the state can take their home to help pay for the cost. Is this true? Should we talk with them about signing the home over to us while they are both in fairly good health?"

Answer:  The truth is that, the Medicaid department is not authorized to send anyone over to actually take possession of the house.  However, after the death of the second parent the state wants to be paid back and may seek “recovery” from assets owned by the survivor at the time of the survivor’s death.  However, the state may only be paid back up to the amount that they actually paid out, but this still may result in the forced sale of your parents’ home. 

However, in your case there is an exception to the recovery rules because your parents have a disabled child.  When there is a surviving disabled child a recovery claim is prohibited by federal and state laws.  The surviving disabled child will need to provide documentation of disability or blindness, such as a Social Security or SSI award letter and a birth certificate showing they are the child of the deceased. If the surviving child does not have documentation of disability from the Social Security Administration, he/she can still file for a disability determination with the Medicaid department.  It is important to note that the surviving child does not have to live in the home (or even in the State, for that matter) in order for recovery to be barred. 

Signing over the home now may sound like a good idea, but it carries some big risks.  First, when your parents sign over the house they lose control and that can mean that the kids can kick them out at anytime.  In addition, if a child’s marriage ends in divorce or the child is sued the house can be taken away.  Finally, if your parents sign over the house and then need Medicaid within 5 years of the transfer a penalty and ineligibility for Medicaid for a period of time will result with the ineligibility period starting at the time they apply for Medicaid. 

As you can see Medicaid planning is filled with traps for the unwary.  I encourage you to seek the advice of a qualified elder law attorney in your state who will help guide you through the process.

To locate experts in your state who can help you with these elder care matters, go to: www.ElderCareMatters.com - America's online source for elder care experts plus information & answers about a wide range of elder care matters.

Heather R. Chubb, Life Transitions Lawyer
The Chubb Law Firm
Gold River, California  95670
916-635-6800
Member of the national ElderCare Matters Alliance, California chapter

Question of the Day on ElderCareMatters.com : "My 80 year old mom, who is in relatively good health, just filled out an Advance Healthcare Directive at her doctor’s office and named me as her agent. Now what do I do?"

Answer:  I’m pleased to hear that your mother’s doctor is being proactive and discussing the importance of an Advance Directive with her.  If your mom’s health continues to be good you may not need to do anything except keep in communication with her and stay on top of her medical needs.  It may be valuable to both you and your mother if you accompany her to her doctor’s appointments in order that you can develop a deeper understanding of your mom’s medical conditions and needs.

An Advance Healthcare Directive (AHCD) is a legal document in which the creator, in this case your mom, hand selects a trusted person to make medical decisions for her and speak for her if she is incapacitated or otherwise unable to speak for herself.  These decisions cover a wide variety of actions from making doctor’s appointments to making end of life decisions (i.e., “pulling the plug”).

However, just having this document is not enough and all AHCDs are not created equal.  It is essential that as the decision-maker (aka “agent” in legal terms) you understand your rights under this document, as well as your mom’s rights and healthcare wishes.  Most of those rights are described right in the document so you and your mom need to really read and understand it, so that you understand the importance of leaving instructions and information to carry out your wishes should something happen to you.

Because it is impossible to include instructions for every situation within the AHCD, you need to have discussions with your mom about her healthcare wishes.  And, this is not a one-time discussion.  Over the last few decades advances in medical technology have created an environment where people can be kept “alive” much longer.  But there is a big difference between being “alive” and having a quality life.  Discuss with your mom what quality of life means to her.

To locate experts in your state who can help you with these elder care matters, go to: www.ElderCareMatters.com - America's online source for elder care experts plus information & answers about a wide range of elder care matters.

Heather R. Chubb, Life Transitions Lawyer
The Chubb Law Firm
Gold River, California  95670
916-635-6800
Member of the national ElderCare Matters Alliance, California chapter

This week's Ask an Elder Care Expert on ElderCareMatters.com is Heather R. Chubb, Esq.

Heather R. Chubb, Life Transitions Lawyer
The Chubb Law Firm
Gold River, California  95670
916-635-6800

Ms. Chubb is this week's Featured Elder Care Expert on www.ElderCareMatters.com, and will be answering your questions about Elder Care Matters.

Heather R. Chubb is a Life Transitions Lawyer in the Sacramento area dedicated to helping individuals and families make the best possible legal decisions for themselves and those they love. She uses her passion to educate her clients and make navigating the legal world easy, understandable and comfortable.

While each of her clients has different needs and objectives; they all have the common goal of protecting those they love, keeping control for as long as possible, making the most of assets they worked hard to acquire, and making things as easy as possible for their loved ones. She is particularly attuned to the needs of the “sandwich generation” balancing the demands of children, home, work and caring for elderly parents.

Whether developing a foundational estate plan, special needs plan, long-term care plan (including Medi-Cal and VA benefits), or advanced plan, or administering a plan upon death or incapacity, the focus is the individual client and their needs and goals.

Heather is a member of the State Bar of California Trusts and Estates section, WealthCounsel, the National Academy of Elder Law Attorneys (NAELA), and the national ElderCare Matters Alliance, California chapter.

Question of the Day: “My husband is 74 years old and has mid-term Alzheimer’s; I am 60 yrs old. We have been married for 34 years. I am a "burned out" primary caregiver to him, and I work 9 hours, four days a week at an outside job cleaning houses. We are both 8½ years Permanent Residents, and when we came to America he did not show any signs whatsoever of being sick. Does he qualify for any government assistance?"

Answer:  Your husband should qualify for Medicaid given his age and disabilities. You didn’t mention his or your monthly income or your family resources. However, assuming his monthly income is less than $2,022.00, assuming his resources are less than $2,500.00, and further assuming your family resources are less than $109,560.00, then your husband should qualify for Medicaid benefits. Allow me to add that your current situation as a “burned out” primary care giver is common. It would appear essential to your continued good health that your husband transition into a long term skilled care facility in the near future. I recommend that you contact an Elder Law attorney to assist your family with the asset planning and Medicaid planning that will be required for your husband to successfully qualify for Medicaid, while at the same time protecting your family assets. Also, please visit the Center for Medicare and Medicaid Services website at www.cms.gov for further information and helpful resources. Thank you for your inquiry, and best of luck!

To locate experts in your state who can help you with these elder care matters, go to: www.ElderCareMatters.com - America's online source for elder care experts plus information & answers about a wide range of elder care matters.

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

Question of the Day: "What exactly would be involved in “Elder Care Planning” for my elderly parents? I notice that you provide this service."

Answer:  The process is usually initiated with an in-depth consultation, which can be accomplished in person or telephonically. Prior to the consultation, I provide the client with a financial questionnaire to be completed on behalf of the Applicant/Recipient of benefits. Customarily, the goal of my Elder Care Planning clients consists in shielding family assets, while at the same time assisting a family member’s transition into a long term skilled care facility. Once I have gathered all of the family, medical and financial history needed to formulate a plan of action, I provide the client with a comprehensive Elder Law Opinion Letter for a set fee. Once they have had an opportunity to review and consider same, we have another consultation. If the client wishes to proceed with the plan of action, they provide me with a retainer. The requisite actions necessary to perfect the plan are then implemented. I hope you find this explanation helpful. Thank you for your inquiry and best of luck!

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

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

Question of the Day: "My husband and I live in Georgia. He is 67 years old and suffers from a disabling neurological disorder. He receives $450 a month from his retirement pension and $1,500 a month in Social Security retirement benefits. We own a home worth $250,000, which is paid for. We have one car, a 2007 Lincoln Continental. My husband has an IRA worth $350,000, and a term life insurance policy worth $50,000. I think my husband will need nursing home care in the next couple of years. I am healthy right now, but I cannot continue to be his full time care giver. We are afraid we will lose everything before he qualifies for Medicaid. What are your suggestions?"

Answer:  Your situation is not uncommon, and actually, you are in pretty good shape financially for your husband to transition into a long term healthcare or nursing home facility.  In order for your husband to qualify for Medicaid he must be 65 years or older, and in his case, disabled. He must have a monthly income of no more than $2,022, which he does at $1,950. Another factor is the Community Spouse Resource Allowance (CSRA), which for 2011 is limited to $109,560. Since your principal residence, your car, your husband’s IRA, and his term life insurance policy are all exempt resources, your husband should qualify for Medicaid. However, allow me to add that if the principal residence is held in Joint Tenancy with Right of Survivor, you and your husband should consider placing it in your name in Fee Simple. There is no penalty on spousal gifts, and when your husband passes, you will not have to worry about Medicaid’s Estate Recovery seeking his share of the property as reimbursement for benefits provided. 

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

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

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

Question of the Day: “Please tell me what this year's income and resource levels are for Medicaid. Are these #s the same in every state?"

Answer:  The income and resource (asset) levels for Medicaid assistance for nursing home costs do vary from state to state. In Massachusetts, a single person can own no more then $2,000.00 in countable assets (not including the value of a home and automobile).

A couple can own $111, 560 in countable assets (not including the value of a home and automobile).

In Massachusetts (and many other states) there is no income limit in order to qualify for the long term care Medicaid program, which pays for nursing home costs.

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

Dagmar M. Pollex, Attorney at Law
The Law Offices of Dagmar M. Pollex, P.C.
Braintree, Massachusetts  02184
781-535-6490

Member of the national ElderCare Matters Alliance, Massachusetts chapter

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: "My mother owns a small annuity, around $15,000. It is generating a small amount of income and, along with a small earned income from an employer, is pushing her over the required amount of assets for Medicaid qualification. She also has a small monthly disability income. What options are available, specifically around this “owned annuity” in order to help my mother qualify for Medicaid?"

Answer:  I would need to know more specifics about your mother’s situation as well as the type of Medicaid assistance she will be seeking. However, the rules for Medicaid qualification, especially for individuals like your mother who is working and receiving disability benefit vary greatly from state to state.  I recommend that you contact an elder law attorney in your mother’s state who includes disability benefits in their practice areas.

To locate elder law attorneys in your state who may be able to help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Dagmar M. Pollex, Attorney at Law
The Law Offices of Dagmar M. Pollex, P.C.
Braintree, Massachusetts  02184
781-535-6490

Member of the national ElderCare Matters Alliance, Massachusetts chapter

Question of the Day: “My father is 88 and lives in an assisted living community, private pay. My mother resides in a town home, which is a debt free property, that she jointly owns with my father. How can my mother plan to protect this asset in the event my father requires nursing care? Given their assets, they cannot afford to pay privately for a nursing home, so they will need my father to become Medicaid eligible for this service."

Answer: Your mother will be able to continue living there as long as she wants and does not have worry that she’ll have to sell it to pay the cost of your father’s nursing home care.

It is very important that your parents meet with an elder law attorney in your state as soon as possible as there are other planning options for your parents to consider that could protect the value of the town home and other assets.

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

Dagmar M. Pollex, Attorney at Law
The Law Offices of Dagmar M. Pollex, P.C.
Braintree, Massachusetts  02184
781-535-6490

Member of the national ElderCare Matters Alliance, Massachusetts chapter

Question of the Day: “I am concerned about my 85 year old father’s ability to drive. What can we do?”

Answer:  This is one of the more common challenges families face as loved ones age, because the car and driving symbolize independence to most people.  The best advice is to start these conversations early, when possible.  For example, discuss and make plans when a loved one gets a diagnosis of a chronic condition that may impact driving, such as Alzheimer’s Disease, Parkinson’s Disease, M.S. and conditions of visual or mobility impairment.  It may help to talk about what others have done and explore some transportation options together.

In having a conversation with your loved one, consider your approach.  Who might your loved one listen to about this issue?  You may wish to discuss an approach with your siblings and work together.  Sometimes this is best done during a transition or when something has changed, such as after a hospital stay or surgery.  Think of these as “windows of opportunity”.  A couple of good reference books about family discussions and approaching issues between the generations are: How to Say it to Seniors by David Solie and Another Country: Navigating the Emotional Terrain of Our Elders by Mary Pipher.

You may wish to talk to your loved one’s doctor about your concerns.  If you serve as your loved one’s healthcare surrogate or have been given HIPPA permission for sharing information, you can likely at least provide your observations to help ensure the doctor is aware.  Physicians will vary in their approach and involvement.

Some communities have professional driver evaluation services available.  These may be found through local hospitals, the VA, Memory Clinics or public aging services.  A driver evaluation can be particularly useful because it is a measurable test done by a neutral party.  Evaluators may recommend modifications which will allow the person to continue driving safely.

If you reach an impasse with a loved one and have serious concerns (which most likely means there are legitimate things you have observed to cause concern), check your state’s provisions for reporting an unsafe driver.  Many states have anonymous reports that initiate a review process.  Contact the state DMV for more information. 

In some cases, your loved one may continue to drive even if legal driving privileges have been revoked.  This can be especially challenging, though local law enforcement may be able to help.  It may be necessary to remove the car, especially for someone with dementia who may forget that driving privileges have been removed.  

If a loved one is going to give up driving, it is essential to set up services so that he/she can still be involved in activities and not feel stranded at home.  Staying as active as possible helps an elder’s physical and mental health and feeling dependent on neighbors and family can be detrimental to well-being.  The services available in each community vary, but you can start with your local Area Agency on Aging or Department of Aging

Most communities have some senior transportation services and for most individuals, a combination of friends and family helping along with services such as free and low cost public options, taxis and hired drivers can provide for the range of transportation needs.  Keep in mind when looking at paid services that, according to the Dept. of Labor's Bureau of Labor Statistics, car ownership costs are the second largest household expense in the U.S.  Owning and operating a car costs an average of $8,000/year or about $600/month.  Help make sure your loved one is comfortable with the services and make it easy for them to use them.  For example, post the phone #s and explain any rules or limitations or help with set-up and paperwork.

A geriatric care manager can help your family through this process.  From facilitating conversations to assessing the individual’s abilities, needs and options to setting up services, a care manager will have experience and resources in this area.  An elder law attorney is another valuable resource, from planning ahead so your loved one has decision making provisions in place to initiating a guardianship process or exploring legal options when needed.

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

Shannon Martin, M.S.W., CMC
Aging Wisely, LLC
Clearwater, Florida  33756
727-447-5845

Member of the national ElderCare Matters Alliance, Florida 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

"I am 64 and my husband is 70. We have been married 5 years. I have no children and he has one son. Prior to our marriage, I accumulated my retirement savings. He has none. I also recently inherited a considerable sum from my mother. If I died first, I would want my money to go to my husband to support him for the rest of his life. However, I would want the remainder, upon his death, to go to my brothers, nieces and nephews — not his son. How can I make sure this happens?"

Answer:  There are two ways to accomplish your goal.  But, if I were your attorney, I would not make any recommendations until I had a full understanding of the structure of your estate, your husband's estate, how your retirement funds are held, and whether or not you have a taxable estate.  In Massachusetts, an estate over the threshold of $1M is taxable, and so all of this information would affect my response to you.  Another important question would be if you or your husband have any health issues at this time.  If there are no health issues, then I might recommend an Irrevocable Income only trust for some or all of the funds–again depending on your entire estate structure. This kind of trust would entitle you to income only with the remaining principal to go to your brothers, sisters, etc, on your death.  In the alternative, your attorney could draft a will for you with a testamentary trust.  Your husband would receive the income but not the principal.  The principal would go to your family.  The best advice is that you should consult with an attorney in your state on these matters and have him or her create a comprehensive plan for you and your husband.  I am a Massachusetts estate and elder law attorney, and the law may be different in your neck of the woods.

To locate attorneys in your state who can help you with this elder care matter, I would recommend that you search the ElderCare Matters listing of experts at www.ElderCareMatters.com/statechapters.htm.

Susana Lannik, Attorney at Law
Newton, MA  02458
617-658-2980
Member of the national ElderCare Matters Alliance, Massachusetts chapter

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

This week's Featured Elder Care Expert is Sonya Mittelman, Attorney at Law

Ms. Mittelman will answer a different question each day this week about an Elder Law or Estate Planning matter, and a selected question along with Ms. Mittelman's answer will be posted on the Featured Elder Care Question of the Day section of www.ElderCareMatters.com.

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