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Author: Profit Law Firm

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Do You Really Need to Sell Your House to Afford a Nursing Home? Not With An Estate Plan

Bigstock-Senior-Couple-8161132[1]All too often when one spouse in a marriage needs nursing home care, the couple assumes that the only way they can pay for that care is to sell their home. That might not be the case.

Overall, Americans do a poor job of planning for their estates and making plans should they need long-term care in a nursing home. This is because so many Americans do not ever make any plans at all.

Of those that do, many choose to make their own plans and that is a mistake. Those who seek out professional planners normally have good plans.

For the many who have no plans or who have bad plans, they often receive a rude awakening when their spouse needs care in a nursing home. Many of these Americans do not think they have any other option but to sell the family home so the government will pay for the care under Medicaid.

However, that is not always the only option.

This issue was taken up recently by the Boston Globe in “Seniors have more options than selling their home.”

Before selling their homes to pay for nursing home care, seniors are advised to seek out the services of an elder law attorney. The attorney can assess the situation to determine what other options, if any, are available.  At Profit Law firm, during crisis planning, we will review the options to see if a trust, deed transfer or another option works.

The even better option is to plan ahead.

Get a professionally crafted estate plan that includes the possibility of long-term care in a nursing home. Doing so will make it far less likely that having a spouse go into a nursing home will necessitate selling the family home.  Call us for a consultation today.

Reference: Boston Globe (Aug. 20, 2016) “Seniors have more options than selling their home.”

 

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Using Social Media to Abuse the Elderly

MP900202201[1]A federal agency is cracking down on a disturbing new form of elder abuse: nursing home workers using social media to share degrading pictures and videos of nursing home patients.

Now that most people have smart phones, most people also have cameras with them at all times. Many people like to use those cameras to take embarrassing photos of others in public and post those pictures on social media accounts. It is a common enough practice that entire websites are dedicated to collecting the photographs for other people to laugh at.

When the picture was taken in public there is normally very little that can be done about it. However, it does not just happen in public. It also happens in nursing homes and the pictures are taken by nursing home employees.

That is elder abuse as WTSP reports in “Feds crack down on degrading nursing home patient pics.”

This abuse happens often enough that the Centers for Medicare and Medicaid Services has decided that action is needed. It has warned state agencies to check that nursing homes in their states have a policy on employee cell phone use that prohibits employees from taking demeaning or degrading pictures of patients in their facilities.

While a policy in and of itself cannot stop all instances of elder abuse, this is a good and necessary step.

Nursing home residents and their families should not be abused by those they entrust with their care. If you (or a loved one) is ever the victim of elder abuse in a nursing home, please call an elder law attorney for assistance and report the nursing home to the appropriate agency in your state. Profit Law Firm can help victims of elder abuse in Maryland or DC.

Reference: WTSP (Aug. 23, 2016) “Feds crack down on degrading nursing home patient pics.”

Suggested Key Words: Elder Law, Elder Abuse

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Mistakes Lead to False Reports of Death

Happy-old-couple[1]Every year the Social Security Administration accidentally lists thousands of people as deceased. That’s actually an improvement for the agency.

The Social Security Administration pays benefits to millions of Americans until they pass away. The agency has an interest in knowing when people pass away so it can stop paying those benefits.

When a person passes away his or her name, birth date and Social Security number are also listed in a public file known as the Master Death List. That list is used by banks, doctors’ offices, credit agencies, health insurers and many more to know when their customers have passed away and to prevent fraudsters from using a deceased person’s information in identity theft schemes.

The problem is that the Social Security Administration makes mistakes regularly as NPR reports in “Social Security Data Errors Can Turn People Into The Living Dead.”

Every month approximately 500 living people are falsely declared dead by the agency. That is actually down from a few years ago when it was about 1,000 people a month.

There is no malicious intent in the agency’s actions. The false information is almost always the result of human error and someone accidentally entering the wrong information into the system.

A total of 500 a month is also not a huge number relative to the millions of people tracked by Social Security, but it is a big headache for those who are wrongly reported to be deceased.

If at some point the Social Security Administration wrongly reports your death, do not hesitate to see an elder law attorney for help sorting everything out. You will not be the first person the government has wrongfully declared dead.

Reference: NPR (Aug. 10, 2016) “Social Security Data Errors Can Turn People Into The Living Dead.”

 

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Proposed Budget Cuts Threaten Access to Social Security

Bigstock-Elder-Couple-With-Bills-3557267[1]That the Social Security trust fund will eventually run out of its surplus is not the only potential threat to the program according to officials. There is another threat that is much more immediate.

Everyone should be aware by now that the Social Security trust fund will eventually run out of money. However, that is not expected to happen until 2034, which gives lawmakers ample time to work out a solution.

Of more pressing concern is the amount of money the Social Security Administration has to conduct day-to-day operations. The agency is dependent on the annual budget approved by Congress and the President.

As the Washington Post reports, in “Closed Social Security offices, furloughed staff under GOP cuts, agency warns,” it is possible the agency will not receive the funds it needs in next year’s budget.

President Obama is proposing a budget for the agency that is $700 million more than House Republicans propose and $500 million more than Senate Republicans propose. The Social Security Administration believes the Republican proposals could jeopardize operations to such an extent that offices would have to close for two weeks and employees would need to be furloughed. People who receive Social Security benefits might have to wait longer for those benefits as well.

Of course, the agency’s objections could be political. What this shows is that it is not always the issues that get big headlines that could potentially jeopardize Social Security. There are other potential issues elder law advocates and seniors need to be aware of.

Reference: Washington Post (Aug. 9, 2016) “Closed Social Security offices, furloughed staff under GOP cuts, agency warns

 

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Social Security Website Security

Bigstock-Senior-couple-standing-togethe-12052331[1]In response to numerous complaints the Social Security Administration is temporarily rolling back a new security measure on its website.

Entering a username and a password on a website is no longer considered an adequate measure to protect people from identity theft. The login information is stored in databases that can and sometimes are hacked and sold to thieves.

Since many people commonly use the same login information for multiple websites, a hack of one website also allows thieves to access many more websites. This has created problems for financial institutions that seek to protect their customers’ accounts. The response has been to add extra layers of security requirements to access the accounts.

The Social Security Administration recently did so, but after less than a month it is temporarily suspending the new requirement as ABC News reports in “Social Security Rolls Back Security Measures on Website.”

The requirement Social Security chose is a common one for many banks and other financial institutions. In addition to entering a username and password, website users are also required to enter a one-time code to access their accounts. The codes are sent to users via a text message on a phone previously verified to be the account holder’s. The codes normally expire after a short time.

While this has proven to be a good security measure, it is easy to see how it might not work well for everyone who wants to access their Social Security account online. People who do not have cell phones or who have trouble reading text messages would obviously have difficulty.

Social Security website users who still wish to have the extra layer of security may opt-in to the option for now. No announcement has been made if the requirement will come back in the future or if the Social Security Administration will try a different security option.

Reference: ABC News (Aug. 23, 2016) “Social Security Rolls Back Security Measures on Website.”

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You Can Plan for the Unexpected

Bigstock-Elder-Couple-With-Bills-3557267[1]Estate planning is one of the few things that you can do to legitimately plan ahead for the unexpected.

In most walks of life it is almost impossible to plan for the unexpected. Even when you can, it is often a waste of time. No offense to Doomsday preppers, for example, but it is almost impossible and most likely a waste of time to plan for the zombie apocalypse. The chances of such an event happening in our lifetime are exceedingly slim and we do not really know everything we would need to survive such a thing.

Even in business it is often difficult to plan for the unexpected. If a business person does not expect something to happen, it is a waste of resources to plan for it. It is usually better to spend those resources growing the business.

However, as WXOW points out in “Planning ahead for the unexpected with a will,” estate planning is different.

With estate planning we can plan for the unexpected and it will never be a complete waste of time. Most of us do not expect to die anytime soon, but we all know that we will die someday.

If you get an estate plan now, you have not wasted your time even if you do not pass away for decades. At some point the estate plan will be used.

By estate planning long before you expect to need it, you hedge your bets just in case something unexpected does happen tomorrow, but you also plan for the inevitable.

Getting an estate plan does not have to be a difficult process.

If you hire a qualified estate planning attorney, then the attorney will do most of the heavy lifting. You can get an estate plan that will be good should you need it next week or sometime later this century.  Get a head start with Profit Law Firm, a law office that focuses on estate planning.

Reference: WXOW (Aug. 5, 2016) “Planning ahead for the unexpected with a will “

 

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Choosing an Estate Planning Attorney

Bigstock-Financial-consultant-presents--14508974[1]There are many attorneys who can prepare an estate plan for you, but if you want the best possible plan for your family, then you need to know how to choose the best attorney for you.

As is the case with any other profession, not all attorneys are the same. Attorneys all have different qualifications and specialties. Many attorneys will be more than happy to create an estate plan for you, but that does not mean the quality of the estate plan will be the same.

Just as some doctors are better at performing brain surgery than others, some attorneys are better at estate planning.

The Times Herald recently posted a list of questions to ask attorneys about estate planning that can help you decide which attorney to pick in “Six questions you should ask your estate planning attorney.”

The questions include:

  • Ask how much of the attorney’s practice is estate planning. This will tell you if the attorney is a specialist or just someone who does estate planning occasionally.
  • Ask whether the attorney offers comprehensive estate planning or whether an attorney just focuses on a few areas in the field.
  • Ask the attorney whether they focus on trying to reduce costs or whether their practice is to make money when the estate goes through probate. Sometimes attorneys that seem cheaper upfront are actually looking to make more through probate.
  • Ask whether the attorney can help you title and transfer your assets to a trust or whether you will have to seek out another professional to do that.
  • Ask how many hours of continuing education on estate planning the attorney takes. The longer the hours, the more up to date on the law the attorney is likely to be.
  • Ask the attorney how much you will need to do to make sure the attorney has all the information necessary to create your estate plan. The more information that is provided by you, the more likely you are to get the best estate plan.

When in doubt, ask around and research attorneys online. Check third party attorney directories like Avvo.com and Lawyers.com.

Reference: Times Herald (Aug. 6, 2016) “Six questions you should ask your estate planning attorney.”

 

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Glen Campbell’s Kids Still Not Allowed to Visit Him


Bigstock-Extended-Family-Outside-Modern-13915094[1]Despite a state law that says otherwise, and that is named after their father, Glen Campbell’s children say that they are still being denied access to their father.

In May, the governor of Tennessee signed a bill providing that family and friends cannot be prohibited from visiting someone by a guardian or someone who has power of attorney without a specific court order. The law is known as the “Glen Campbell/Peter Falk Bill” after two celebrity cases where family access was denied.

Glen Campbell suffers from Alzheimer’s disease and is under the care of his fourth wife in Nashville. Despite the existence of this law, Campbell’s children claim they are still being denied access to their father by the fourth wife.

An online fundraising page has been created to raise funds for their legal case Fox News reports in “Glen Campbell's kids say they can't see their dad, fans raise money.”

This is an unfortunately common occurrence.

Caretakers who do not get along with the family members often deny those family members access. Sometimes it is just done out of spite. However, it is also often done as a way to hide elder abuse and undue influence over someone’s estate plan.

Family members who are denied access have no way of monitoring to make sure their loved ones are being looked after properly. Tennessee took an important step by passing this law, but it is clear that more still needs to be done in that state and throughout the country.

Reference: Fox News (Aug. 8, 2016) “Glen Campbell's kids say they can't see their dad, fans raise money.”

 

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Lawsuit over a Dog’s Trust Fund

Bigstock-Elder-Couple-With-Bills-3557267[2]Pet trusts have become an increasingly popular way for pet owner’s to make sure that their pets are taken care after the owner passes away. As with other types of trusts, they too can lead to disputes as a New York case illustrates.

When Patricia Bowers passed away in 2010, the care of her dog, Winnie Pooh, was given over to her friend Virginia Hanlon. Bowers also left a $100,000 trust fund for the care of the animal.

Hanlon has filed a lawsuit claiming that she has received very little of that money.

She claims that the estate executor, Harriet Harkavy, is intentionally saving the money that is supposed to go for the dog’s care so Harkavy can donate it to charity and win points within her social circle. Bowers also states that a check for an emergency veterinary bill bounced, but that she was later reimbursed with a valid check.

The UPI reported this story in “Lawsuit filed in New York over handling of dachshund's $100,000 trust fund.” For her part, Harkavy claims that Hanlon has received everything she is entitled to under the terms of the trust.

What this case illustrates is that trusts for pets need to be treated just like any other trust and other estate planning documents. It is important that everyone involved who has authority is on the same page and will be able to work out their differences.

Ultimately, the trustee must also be someone who inspires trust in the beneficiaries. If not, then disagreements are likely to lead to expensive and unnecessary lawsuits, which are the very things that good estate plans are designed to avoid.

Reference: UPI (Aug. 1, 2016) “Lawsuit filed in New York over handling of dachshund's $100,000 trust fund.”

 

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Fates Worse than Death


A new survey of elderly patients reveals that for many of them death is preferable to living under certain conditions.

Medicine has traditionally been focused on trying to keep patients alive, with the notion being that dying is the worst thing that can happen to someone. However, it has always been known that not everyone agrees.

Many terminally ill patients have sought ways to end their own lives and they now have the right to do so in a few states. A new study reveals that it is not just the terminally ill who might prefer death.

Fox News Health reported on the survey in “What’s worse than death? Dementia and breathing machines, patients say.”

Elderly patients were asked about a wide range of possibilities and whether they viewed them as worse than death.

Conditions such as being confined in a wheelchair and being at home all day were seen as preferable to death by the majority of those surveyed. However, a wide range of conditions were seen as worse by a majority, including having dementia, incontinence, needing a feeding tube and being unable to get out of bed. The survey was conducted of a very small group of elderly patients who had serious illnesses so it might not be representative of a larger sample.

Anyone who is concerned about living with a condition they think would be worse than death should visit an estate planning attorney to get a living will. This document will allow you to give advanced directives to doctors about treatments not to give you if you become terminally ill with no chance of recovery.

Reference: Fox News Health (Aug. 2, 2016) “What’s worse than death? Dementia and breathing machines, patients say