Attorney/Lawyer/Law

Are there advantages to a Power of Attorney over Guardianship?

seniorhelpdesk.com video blog credited to: 

Kathleen Flammia

Kathleen Flammia Board Certified Elder Law  

2707 W. Fairbanks Ave.
Suite 110 Winter ParkFL32789

(407) 478-8700

At the Law Office of Kathleen Flammia, we protect your future, your way. Kathleen Flammia is a board certified Elder Law lawyer, specializing in the areas of Medicaid and Long Term Care Planning, Probate, Estate Planning, Guardianships and other related services directed at protecting you and the distribution of your assets. Our Winter Park, Florida based legal counsel specializes in the needs of seniors and disabled individuals and their families, especially in the difficult area of Medicaid issues. We help clients navigate the complicated legal system that is characteristic of addressing these needs.

For more information visit our web page at:  http://www.flammialaw.com

Are there advantages to a Power of Attorney over Guardianship? To find out the answer watch the video below or sign up for one of my FREE Senior Survival Workshops. The next workshop will be held on March 23, 2017 at One Senior Place. Call 407-478-8700 to reserve your seat today!

Categories: 
City: 
Orlando
States: 
Florida
County: 
Orlando

Beware of the MOON

Beware the MOON

By Carl A. Glad, Esq.

Partner Law Offices of Kurt M. Ahlberg

Next month Medicare beneficiaries will become aware of the MOON.  Starting in March all hospitals will be required to notify Medicare beneficiaries of their patient status and the consequences of that status.  This process is known as the Medicare Outpatient Observation Notice or MOON.  The MOON will be provided to Medicare beneficiaries that have received 24 hours of care in a hospital in either an outpatient or observation status.

Currently, a hospital may classify a Medicare beneficiary’s status as either inpatient, outpatient, or observation.  This status can have a serious financial impact on the beneficiary.  Due to cost cutting and audits, hospitals are more frequently classifying patients in an outpatient or observation status.  In fact, from 2006 to 2014 the number of treatment days classified as outpatient or observation more than doubled.  More simply, Medicare beneficiaries are arriving at hospitals, including the emergency room, and receive treatment without being fully admitted as an inpatient.  Outpatient care is paid through Medicare Part B.  Medicare Part B generally covers only 80 percent of the costs of treatment.  Additionally, some medications including those that are self-administered are not covered while in an outpatient or observation status.  Most concerning, when a Medicare beneficiary is in an outpatient status they will not qualify to receive Medicare coverage for 100 days at a skilled nursing facility after discharge from the hospital regardless of whether they need to be admitted to a nursing facility. 

The updated MOON will require both a written and verbal explanation to the Medicare beneficiary of their status and the financial impact of that status.  This is a step in the right direction but, unfortunately, many individuals are too overwhelmed by their medical needs to fully understand the long-term impact of this notice.  That is why it is crucial to have a Health Care Representative that actively follows your treatment and communicates with your doctors.  It is also important to notify friends, family and your primary care physician that you have been hospitalized.

Visit our blog at http://ahlberglawfirm.com/blog.shtml

Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut
Zip code: 
06614
County: 
Fairfield

Guertin and Guertin, LLC's Free Trust Workshop, "Coffee, Donuts & Trusts" on Saturday February 25, 2017 at 10 a.m. Located in the historic Center Fire House building at 26 Broadway in North Haven, CT

 

A free Estate Planning workshop that will satisfy
your thirst for knowledge and coffee!

North Haven, Connecticut - Attorneys George and Marc Guertin of Guertin and Guertin, LLC invite the public to join them for the popular workshop, "Coffee, Donuts & Trusts" on Saturday, February 25, 2017 at 10 a.m.coffee and donuts

Enjoy coffee and donuts while Attorneys George and Marc Guertin present an enlightening and often entertaining look at some commonly used Trusts including Revocable, Irrevocable, Asset Protection, and Special Needs Trusts.

This informative session is being held at Guertin and Guertin, LLC's offices at the historic Center Fire House building at 26 Broadway in North Haven. Advance registration is required and seats fill up quickly. The public should call 203-234-7400 or email info@guertinlaw.net to reserve a seat.

About Guertin and Guertin, LLC

Guertin and Guertin, LLC is veteran-owned and is dedicated to Estate Planning, Elder Law, Probate and Trust Administration. The practice can be found on the web at www.GuertinandGuertin.com and by phone at 203-234-7400. Guertin and Guertin, LLC's offices are located in the historic Center Fire House building at 26 Broadway in North Haven

.For more information please visit our web page at: http://www.guertinandguertin.com 

Categories: 
Attorney/Lawyer/Law
City: 
North Haven
States: 
Connecticut
Zip code: 
07424
County: 
New Haven
start time: 
Saturday, February 25, 2017 - 10:00am

Fighting Financial Abuse

Fighting Financial Abuse

By Carl A. Glad, Esq.

Partner, Law Offices of Kurt M. Ahlberg

Financial exploitation is a serious threat to all seniors.  A 2010 survey found that one out of every five seniors had been the victim of financial exploitation.  The Department of Justice categorizes financial exploitation into two categories; those acts committed by Strangers and those acts committed by Relatives and Caregivers.  The type of exploitation committed by Strangers often falls under the guise of a scam either through the phone, internet, or a door to door salesmen.  Exploitation committed by Relatives and Caregivers involves manipulation or theft.  This kind of exploitation is harder to identify and therefore harder to prevent.  As the percentage of those over age 65 increases this problem will only continue to grow.

The State of Connecticut has been proactive in trying to prevent and respond to financial elder abuse.  The Department of Social Services administers the Protective Services for the Elderly Program.  The Program is meant as a safeguard for seniors that are being abused.  Protective Services will investigate claims of abuse and in extreme circumstances will ask a Probate Court to intervene.  Connecticut also recently increased the number of individuals known as Mandatory Reporters.  These Mandatory Reporters are required to report potential abuse to Protective Services.  This list places this requirement on many individuals including but not limited to doctors and medical providers, law and enforcement officers, and importantly individuals that work at municipal Senior Centers.  While the State does provide safeguards, it is important that you also protect yourself.

At a recent event held by the Town of Stratford Department of Senior Services, the importance of relying on yourself was a central focus.  A detective from the Stratford Police Department said that just like locking your house and car doors and wearing a seatbelt you should rely on your own common sense to prevent financial exploitation.  There are legal tools that an attorney can help put in place to protect yourself.  These tools include putting your affairs in order through a Last Will and Testament, a Power-of-Attorney, and a Conservator in Advance.  However, the most important defense is to avoid isolation.  If you are lonely you are vulnerable.  Maintain relationships with your children, siblings, trusted friends, your attorney, or your financial planner.  When you are considering making a gift, appointing a Power-of-Attorney, or changing your Will you should discuss this with those trusted individuals.  Keeping a support network will help to prevent someone from taking advantage of you without your knowledge.

Visit our blog at http://ahlberglawfirm.com/blog.shtml

Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut
Zip code: 
06614
County: 
Fairfield

A Power of Attorney is an Important Part of Your Estate Plan

 

   A power of attorney is an important part of your estate plan. A power of attorney allows you /principal  to appoint a person/agent(s) to manage your financial affairs upon loss of capacity. With a durable power of attorney, your agent(s) can assist you during times of capacity and incapacity. Although some powers of attorneys are used for short-term purposes, such as allowing someone else to manage a real estate closing, most modern powers of attorney are “durable” powers of attorney and will remain in effect until revoked, or the death of principal. The Powers of attorney instrument is important because it provides a mechanism for managing your financial affairs, if you are unable to do so yourself. If you become incapacitated and lack a power of attorney, your family must apply to a probate court to have you conserved in order to manage your financial affairs.

   The Principal may terminate a Power of Attorney at any time that they are competent to manage their own legal affairs.  To terminate a Power of Attorney, the Principal should, notify in writing, any named Agent that they have terminated the Power of Attorney.  The Principal should also collect and destroy the original and any copies of the Power of Attorney, and notify any bank or any third party that the Power of Attorney has been revoked. A Power of Attorney also terminates upon the death of the Principal.  When the Principal dies, the Power of Attorney and any authority of the Agent is terminated. 

    It’s important to check with an attorney familiar with your state specific Power of Attorney rules and regulations. Rules for determining the  competency of the principal and the procedures to execute the Power of Attorney vary by state. Also, the execution of a Power of Attorney does involve some risk. It gives allows  your agent a great deal of authority over your finances, often without regular oversight. You should only appoint an agent in whom you have great confidence in, so he or she will always act in your benefit and according to your wishes.  

 Jay H. Jaser, Esq. is an Elder Law Attorney in Milford, CT who provides a range of legal services for the elderly and their families. He provides personalized counsel in the areas of Medicaid planning, application, submission, and long term care options. His goal is to assist families during the difficult times when long term care may be required. You can contact Attorney Jaser at (203)799-8888.

 

 

 

Categories: 
Attorney/Lawyer/Law
City: 
Milford
States: 
Connecticut
Zip code: 
06460
County: 
New Haven

FREE Trusts Workshop: Guertin and Guertin, LLC to Host "Covering Your Assets with an Irrevocable asset Protection Trust/ IAPT" on Saturday, December 10, 2016 at 10 am Located at 26 Broadway in North Haven, CT

FREE Trusts Workshop
Guertin and Guertin, LLC to Host 
"Covering Your Assets with an IAPT" 
Attorneys George and Marc Guertin of Guertin and Guertin, LLC invite the public to join them for their popular workshop, "Covering Your Assets with an Irrevocable asset Protection Trust" on Saturday, December 10, 2016 at 10 a.m.

This program was created to help people learn how they can protect their most valuable assets (like a home) from the financial devastation of a long-term stay in a nursing home, creditor issues, and/or lawsuits, by utilizing an Irrevocable Asset Protection Trust.

The Agency for Health Care Policy Research states that 40% of older Americans will need nursing home care at some point in their lives. And currently the average cost of nursing home care in Connecticut is over $123,000 a year!

"Just because you can't take it with you doesn't mean you have to give it to a nursing home," says Attorney George Guertin. "With proper planning you can protect your assets," he adds. Past participants of this workshop have said, "This workshop was very interesting and enlightening;" and "good information and a very relaxing atmosphere." 
 

This free session is being held at Guertin and Guertin, LLC's offices at the historic Center Fire House building at 26 Broadway in North Haven. Light refreshments will be served. Due to popularity of this workshop, advance registration is required.

RSVP: Please call 203-234-7400 or email info@guertinlaw.net to reserve a seat.

 

About Guertin and Guertin, LLC

Guertin and Guertin, LLC is veteran-owned and is dedicated to Estate Planning, Elder Law, Probate and Trust Administration. The practice can be found on the web at www.GuertinandGuertin.com and by phone at 203-234-7400. Guertin and Guertin, LLC's offices are located in the historic Center Fire House building at 26 Broadway in North Haven, CT

Categories: 
Attorney/Lawyer/Law
City: 
North Haven
States: 
Connecticut
County: 
New Haven

FREE Trusts Workshop: October 15, 2016 at Attorney's Guertin and Guertin, LLC North Haven, CT to Host "Covering Your Assets with an IAPT/ Irrevocable Asset Protection Trust"

FREE Trusts Workshop Saturday October 15, 2016  "Covering Your Assets with an IAPT/ Irrevocable Asset Protection Trust"

Location: 26 Broadway  North Haven, CT

RSVP: (203) 234-7400

Guertin and Guertin, LLC to Host 

"Covering Your Assets with an IAPT" North Haven, Connecticut  - Attorneys George and Marc Guertin of Guertin and Guertin, LLC invite the public to join them for their popular workshop, "Covering Your Assets with an Irrevocable asset Protection Trust" on Saturday, October 15th at 10 a.m. This program was created to help people learn how they can protect their most valuable assets (like a home) from the financial devastation of a long-term stay in a nursing home, creditor issues, and/or lawsuits, by utilizing an Irrevocable Asset Protection Trust.

The Agency for Health Care Policy Research states that 40% of older Americans will need nursing home care at some point in their lives. And currently the average cost of nursing home care in Connecticut is over $123,000 a year!

"Just because you can't take it with you doesn't mean you have to give it to a nursing home," says Attorney George Guertin. "With proper planning you can protect your assets," he adds. Past participants of this workshop have said, "This workshop was very interesting and enlightening;" and "good information and a very relaxing atmosphere." 
 

This free session is being held at Guertin and Guertin, LLC's offices at the historic Center Fire House building at 26 Broadway in North Haven, CT. Light refreshments will be served. Due to popularity of this workshop, advance registration is required. In fact, this same session was held earlier this month and all the seats filled quickly, so people shouldn't wait. Please call 203-234-7400 or email info@guertinlaw.net to reserve a seat.

About Guertin and Guertin, LLC

Guertin and Guertin, LLC is veteran-owned and is dedicated to Estate Planning, Elder Law, Probate and Trust Administration. The practice can be found on the web at www.GuertinandGuertin.com and by phone at 203-234-7400. Guertin and Guertin, LLC's offices are located in the historic Center Fire House building at 26 Broadway in North Haven, CT

Categories: 
Attorney/Lawyer/Law
City: 
North Haven
States: 
Connecticut
Zip code: 
06473
County: 
New Haven
start time: 
Saturday, October 15, 2016 - 10:00am

The Pooled Trust

The Pooled Trust

By: Carl A. Glad Esq

Partner, Law Offices of Kurt M. Ahlberg

A Pooled Trust is an important resource available to assist applicants of public assistance programs especially Medicaid, or Title 19 as the same is often called.  A Pooled Trust is a potential necessity for some individuals especially those over age 65.  A Pooled Trust allows an individual to set aside assets so that they are not counted as such when applying for and maintaining certain benefits.  Additionally, the funds within the Trust can be used to provide for supplemental care above the public assistance.

The most common reason to create a Pooled Trust is to lower income and asset levels.  Most public assistance programs have income and asset limitations that must be met before qualifying for benefits.  Additionally, those same levels must be maintained in order to remain eligible for benefits.  For instance, Title 19 has both asset and income limitations.  Often an individual may not have enough resources to pay for their in-home or nursing home care but their asset or income levels are above those mandated by the State.  A Pooled Trust provides a method to qualify for benefits while still using those assets for their general needs.  A Pooled Trust allows an individual to place a lump sum or monthly contribution into the Pooled Trust.  The Pooled Trust can hold those funds and make payments for the beneficiary.  Most importantly, the assets in the Pooled Trust will not count as assets when applying for and maintaining eligibility for Title 19.

In Connecticut a Pooled Trust can only be created through PLAN of Connecticut.  This organization is chartered by the State Legislature and manages all Pooled Trusts within the State.  There are a number of legal documents that must be reviewed when applying for a Pooled Trust.  PLAN of Connecticut also requires that all applicants meet with an attorney is on an approved list.  If you are considering applying for public assistance, including Medicaid, you should consult a qualified elder law attorney that is also eligible to work with PLAN of Connecticut.

Please visit out blog at http://ahlberglawfirm.com/blog.shtml

Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut
Zip code: 
06614
County: 
Fairfield

FREE Trusts Work shop! Guertin and Guertin, LLC to Host "Revocable v. Irrevocable Trusts " on September 24, 2016 in North Haven, CT

seniorhelpdesk.com senior blog update:

      Attorneys Marc and George Guertin of Guertin and Guertin, LLC invite the public to join them for their popular workshop, "Revocable v. Irrevocable Trusts" on Saturday, September 24, 2016 at 10 a.m. This program was created to help people learn how they can protect and preserve their assets by using Revocable and Irrevocable Trusts.

This workshop will focus on the similarities  as well as key differences in how Revocable and Irrevocable Trusts work.  Attorney's George and Marc will examine how each trust works to protect and preserve assets.  "Just because you can't take it with you doesn't mean you have to give it to a nursing home," says Attorney George Guertin. "With proper planning you can protect your assets," he adds. Past participants of this workshop have said, "This workshop was very interesting and enlightening;" and "good information and a very relaxing atmosphere." 
 

Location: This free session is being held at Guertin and Guertin, LLC's offices at the historic Center Fire House building at 26 Broadway in North Haven. Light refreshments will be served. Due to popularity of this workshop, advance registration is required. Please call 203-234-7400 or email info@guertinlaw.net to reserve a seat.

About Guertin and Guertin, LLC

Guertin and Guertin, LLC is veteran-owned and is dedicated to Estate Planning, Elder Law, Probate and Trust Administration. The practice can be found on the web at www.GuertinandGuertin.com and by phone at 203-234-7400. Guertin and Guertin, LLC's offices are located in the historic Center Fire House building at 26 Broadway in North Haven.

Looking to blog? Join us at seniorhelpdesk.com Best Senior Blogs. http://seniorhelpdesk.com/senior-help-desk-blog

Categories: 
Attorney/Lawyer/Law
City: 
Noth Haven
States: 
Connecticut
County: 
New Haven

Legal Update: Effective October 1, 2016 Connecticut's New Power of Attorney Law

www.seniorhelpdesk.com Senior Blog Update:

Blog credited to Suzanne Brown Walsh, Esq @ Murtha Cullina

Effective October 1, 2016 Connecticut will have finally updated its 1965 law governing Powers of Attorney (POA’s). The new law, called the Connecticut Uniform Power of Attorney Act, or “CT UPOAA”, makes many changes that estate and elder law attorneys dealing with seniors think are long overdue, and useful, and it imposes new obligations on banks to whom POA’s are presented. (The changes are found in CGS Chapter 15, Sections 1-350 to 1-35, as amended by Public Act 16-40 this year.)

POA’s are simply written designations of authority to someone (called an Agent in the new law).  Very often, POA’s are presented to bank tellers by Agents seeking to cash a check or withdraw funds, purportedly for the person (Principal) who created the POA. It is those banks tellers who often identify Agents who are using a POA to steal from a senior person.  That means that banks are understandably cautious about accepting POA’s presented to them.

On the other hand, a POA is often most useful when the person signing it becomes incapable of handling her finances, so a bank’s delay, or outright rejection of, the Agent’s authority can be costly and devastating to seniors and their families.

As a result, lawyers, Agents and banks sometimes argue over a bank’s refusal to honor a POA because it is “old” or the form does not satisfy the bank for any reason. That creates a Catch-22 for the agent, who is then unable to use the power at the time it is most needed, and when the principal is no longer able to sign a new POA form because she has lost the legal capacity to do so.  To resolve that problem in a balanced manner, the CT UPOAA requires banks to either accept notarized POA’s or request additional documentation within 7 business days. If the bank requests additional documentation, once the agent provides it, the bank has 5 days to accept the POA, unless its refusal is based on a safe harbor, such as suspected abuse or the bank’s knowledge that the POA has been revoked.  In those cases, the bank continues to be free to refuse to accept the POA, without sanction or liability.

If the bank’s refusal is not covered by a safe harbor, then the agent can obtain a court order mandating acceptance of the power of attorney, and can potentially recover reasonable attorney’s fees and costs from the bank.  In this manner, the new law tries to protect both banks and the families relying on POA’s to handle an incapable person’s finances.

In addition, the new law provides that the filing of a divorce or separation action automatically revokes the designation of a now or almost former spouse in a POA, and it assumes the POA remains effective during incapacity (so it is “durable”) without any additional language. Current law requires the Principal to state that the power is durable to give it that utility. Since most people assume POA’s are all durable, their designated Agent can be left without authority just when that authority is needed under the current law.  The new law fixes that problem.

The new CT UPOAA contains two optional, statutory forms. One is a short form, similar to our current statutory short form, that is suitable for most transactions. Both statutory forms, if used, contain an updated list of basic powers (such as “real property” and “stocks and bonds”) that are defined in the new act.  Unless these basic powers are crossed out, they will be available to the Agent.

The new law creates a second, long statutory form that includes additional, new estate planning powers, allowing gift giving and other powers that will not be appropriate for all clients. These new estate planning powers require a principal to “opt in” by initialing each power that is desired. One of the goals of opting in to the more controversial powers was also to help prevent elder financial abuse by encouraging signers to take notice of each power they were proactively giving to their Agent.

Regardless of which statutory form is used, both forms require notarization.  As is the case now, principals are free to use a statutory form, or use a different form, as any form is permitted.

The new CT UPOAA becomes effective on October 1, 2016.  It expressly provides that existing POA’s remain valid.  The new law’s useful presumptions, such as revocation of a former spouse’s designation as agent and durability, will apply to POA’s executed before or after October 1.  Since the statutory list of powers is new, the new forms cannot be used before the law’s October 1, 2016 effective date.

Senior Help Desk thanks Suzanne Brown Walsh at Murtha Culina for this informative senior blog. Our Senior Blog is a great place for senior care professionals and healthcare professionals to connect with each other and seniors in the local community. Blogging with Senior Help Desk is simple and free. Please join our resource community and share your knowledge, and make seniors' lives better! Submit a senior blog, senior care company directory listing, or local senior event... together we can make a difference in the lives of our seniors!  

Categories: 
Attorney/Lawyer/Law
City: 
New Haven
States: 
Connecticut
County: 
New Haven