Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

THE TGB ELDERLAW ATTORNEY: Understanding Trusts

Patti's Comments:  This is a wonderful article that makes trusts understandable for all!

Excerpt from Time Goes By: (click for entire article)

Okay folks, I finally got up the nerve to address trusts and how to use them to avoid probate. I offer this with a warning that applies to a lot of things in life: Just because you can do something does not mean that you should.

Remember my last post where I suggested that when it comes to estate planning you first need a plan. A trust may or may not be part of your plan. If it is, here is how it works.

We all know about contracts. A contract is a legal transaction between two people. At Walmart, I make a contract with the Walmart corporation by offering a dollar for a can of soup. The clerk accepts the offer, Walmart gets my dollar and I walk out with the soup. I have completed a contract. Lawyers study contracts for a year to get a handle on this.

Why you need Elder Law

Excerpt from NAELA: (click for entire article)

As we age, we face complex legal concerns that are often different from when we were younger.  Our actions may have unintended legal effects.  That's why it's important to work with an attorney who is an expert in Elder Law.

Elder Law attorneys specialize in using their knowledge to fit the needs of older clients in such matters as

Preserving assets when a spouse enters a nursing home

Claims and appeals for Medicaid, Maedicare, Social Security

Conservatorships and guardianships, estate planning, probate, trusts

Nursing homes: placements, quality, patients' rights

Elder abuse, discrimination, fraud recovery, and many other legal issues

May-National Elder Law Month

Excerpt from Parkinson's Resource Organization: (click for entire article)

Elder and Special Needs Law Attorneys across the country educate people with disabilities, seniors, and their families on legal Options this May.

The National Academy of Elder Law Attorneys (NAELA), a professional association of attorneys dedicated to improving the quality of legal services provided to older Americans and individuals with special needs, established May as National Elder Law Month as a way to educate people with disabilities, seniors and their families about their legal options in dealing with long-term and health care planning, Medicaid, Medicare, elder abuse, fraud, estate planning, and other important issues.

In November, Jo Rosen, President and Founder of Parkinson’s Resource Organization was awarded NAELA’s National Elder Leadership Award recognizing her selfless leadership to help people with Parkinson’s and their families gain understanding of the legal issues and benefits available when dealing with a chronic illness like Parkinson’s. According to Ms. Rosen, “It is crucial to assist people with Parkinson’s and their families in finding legal services and resources to improve their quality of life.”

National Academy of Elder Law Attorneys Announces 2012 Fellows

Patti's Comments:  I was honored to be named a Fellow in 2009.  Congtratulations to the new Fellows!

Excerpt from the attached press release:

The National Academy of Elder Law Attorneys (NAELA), a professional association of over 4,200 attorneys who are dedicated to improving the quality of legal services provided to seniors and people with special needs, is proud to announce the names of the 2012 NAELA Fellows. NAELA Fellows are attorneys who have been members of the Academy for at least three years, whose careers concentrate on Elder Law, and who have distinguished themselves both by making exceptional contributions to meeting the needs of older Americans and by demonstrating commitment to the Academy. Election as a Fellow signifies that the lawyer is recognized by peers as a model for others, and an exceptional lawyer and leader. The most significant component in the selection process is commitment and contributions to NAELA through committee participation, programs, and leadership.

Download 2012 NAELA Fellows

Protecting Your Assets

Excerpt from Insurance News Net: (click for entire article)

ALZHEIMER'S AND DEMENTIA, AMONG OTHER illnesses of old age, are afflictions many think won't happen to them or those they love, but 42-year-old Jefrey Jones knows otherwise. His 80-year-old widowed, childless aunt, Joan Willis, suffers with dementia. As the primary steward for her estate Jones also knows how paying for eldercare can drain resources, both financially and emotionally.

Adding to the difficulty is the 2,000-mile distance between Jones and his aunt. She lives in Los Angels and he, in Atlanta. "It's a challenge to take care of two households simultaneous!«! he says, in spite of weekly conference calls with his aunt's case manager and quarterly visits to L.A.

Fortunately, before Willis became ill, she made provisions through attorneys and accountants, including a living trust. Jones asserts that trust are not just for the wealthy his aunt is far from that. What has helped him most was his aunt's sound money management, which relieved some of the financial strain that came with having to enlist the services of caregivers.

The Caregiver’s Bookshelf: A Law Guide for Seniors

Excerpt from The New York Times: (click for entire article)

How much can a retiree earn without compromising his Social Security benefits? How do you petition for guardianship of an incapacitated older relative (and is that a good idea)? What should you know about reverse mortgages?

Navigating the law as an older adult, or on behalf of one, is a daunting enterprise. Not only are the regulations, requirements and exceptions multitudinous and confusing, but many of them regularly change. What’s the asset limit for those applying for Medicaid reimbursement of nursing home costs? Well, it depends which year you ask.

“Everyday Law for Seniors,” written by two law professors — Lawrence Frolik of the University of Pittsburgh and Linda Whitton of Valparaiso University — guides readers through the maze. The authors take on a variety of common topics (age discrimination, Social Security, housing, pensions, Medicare and other insurance) and offer clear, careful explanations and suggestions. First published in 2010, the book’s just been updated to include the most recent federal benefits numbers.

Lawsuit Against Michigan Elder Law Attorney for Inadequate Medicaid Planning Advice May Proceed

Excerpt from Elder Law Answers: (click for entire article)

A Michigan appeals court rules that a trial court erred in dismissing a woman’s suit against an elder law attorney she hired to help her father qualify for Medicaid.  The court rules the daughter and the attorney had an attorney-client relationship and that funds the daughter expended for her father’s care while awaiting Medicaid eligibility belonged to her, not the father.  Schmidt v. Smith (Mich. Ct. App., No. 300718, March 29, 2012).  Unpublished.

Carolyn M. Schmidt hired Lansing, Michigan, elder law attorney Denise M. Lafave Smith to help Ms. Schmidt’s father, Hubert Wade, secure Medicaid eligibility for his nursing home care.  On attorney Smith’s advice, Ms. Schmidt spent down Mr. Wade's assets as his attorney-in-fact, and his remaining non-exempt assets were transferred to a bank account that was jointly owned by Ms. Schmidt and her husband. 

Ms. Schmidt then completed her father’s Medicaid application and submitted it to the Department of Human Services (DHS) on August 31, 2007.  It is disputed whether attorney Smith ever reviewed the application beforehand.  The application was denied and attorney Smith filed a notice of appeal with DHS to preserve Ms. Schmidt’s right to appeal but then failed to respond to any of Ms. Schmidt’s “numerous” calls.  In February 2008, Ms. Schmidt retained another attorney, who withdrew the appeal and filed a new application, which was eventually approved.  While Mr. Wade's approval for Medicaid was being sought, and during the “penalty period” following his approval, Ms. Schmidt continued to pay for Mr. Wade's nursing home care from the money she had transferred.

Patricia E. Kefalas Dudek Named to Board of Directors of National Academy of Elder Law Attorneys

Excerpt from the attached press release:

Patricia E. Kefalas Dudek has been appointed to the Board of Directors of the National Academy of Elder Law Attorneys (NAELA) for 2012-2013. NAELA is a professional association of over 4,200 attorneys who are dedicated to improving the quality of legal services provided to seniors and people with special needs. NAELA members assist their clients with public benefits, probate and estate planning, guardianship/conservatorship, and health and long-term care planning, among other important issues.

As a board member, Ms. Dudek will help develop recommendations and plans for innovative opportunities on issues and trends relevant to NAELA and Elder and Special Needs Law.

Download NAELA - New Board of Directors - Press Release

Eric Carlson: On Elder Care—and Elder Law

Excerpt from U.S. News: (click for entire article)

All too commonly, the choice of a nursing home is made under duress—when a prospective resident and his or her family are already in difficult times. U.S. News asked Eric Carlson, a Los Angeles attorney with the National Senior Citizens Law Center, a nonprofit law firm that defends the interests of seniors, what to look for in a care provider and how to fight back if there's a problem. Carlson is the author of 20 Common Nursing Home Problems—and How to Resolve Them and coauthor of The Baby Boomer's Guide to Nursing Home Care (Taylor Trade, $14.95) Edited excerpts from the interview:

What can consumers do to best protect themselves up front?
Be aggressive about questioning a prospective home about staffing and staff training. A nursing home generally receives $4,000 to $9,000 a month for the care of one resident, so it should be responsive to both residents and potential customers. Talk to residents and visitors without nursing home staff hovering nearby. Visit several times, at different hours and on different days. Make at least one visit at mealtime. Examine inspection reports. Each nursing home that accepts Medicare or Medicaid payment is inspected approximately once a year. And the National Citizens' Coalition for Nursing Home Reform offers a consumer guide to getting good care in a nursing home.

National Academy of Elder Law Attorneys to Host Annual Elder and Special Needs Law Conference

Patti's Comments:  I am looking forward to this!

Excerpt from NAELA: (click for entire article)

The National Academy of Elder Law Attorneys (NAELA), a professional association for Elder and Special Needs Law attorneys, will host the NAELA Annual Meeting from April 26-28, 2012, at the Seattle Renaissance Hotel. The conference features three days packed with quality Continuing Legal Education (CLE) programming and networking designed to help sharpen the skills and knowledge of attendees.

This year's event offers close to 30 general and breakout sessions, including:

• Asset Protection Trust (IIO-APT);
• Case Law Update;
• Drafting an Income Only Asset Protection Trust;
• Handling VA Problems You Didn’t Create;
• Nursing Home Admissions, Tax Issues, and Alternative Housing;
• Medicaid Estate Recovery State by State Analysis;
• The ABLE Act and Potential Impact on Special Needs Law; and
• Understanding Trust Protector Powers.