About South Florida Elder Law Attorney, Alice Reiter Feld

Thursday, August 25, 2011

Just When You Thought It Was All Worked Out...

Being a caregiver is trying... just when you think you have everything worked out, your loved one has a change in status that turns the world upside down again.  Maybe they had a stroke, or are not getting along with another patient in the facility, or they just need more assistance than they used to.  The prospect of having to make all those changes, constantly, can be overwhelming!

I’m here to help you not to lose heart, even though there are some disturbing truths about dementia.  The very reason this disease is referred to as a “journey” is because it continues to change.  Your loved one’s brain is degenerating, and she is only going to get worse – not better.  Often, both the blessing and the curse is that the disease progresses slowly. Unfortunately, one can’t put out a sign that says “Already have one illness, can’t get another – sorry, my scorecard is full!”  There will be changes in this process and there is little choice except to forge ahead, but with assistance.

The 5th Absolute for Caregiver Decision Making is: Never Stop, Instead Progress.  Your role as caregiver is one of the most difficult you will face in this life, and there will be times when you feel like you just can’t take any more.  Before you get to this point, you must request and accept assistance - and there are many ways to find it.

Ask for assistance from the people at your loved one’s senior citizen complex - they will provide you with resources for your next steps.  When you are feeling overwhelmed and trying to figure everything out on your own, it is sometimes difficult to admit you may not know the best path to take, or even what questions to ask.  Make a copy of this and hand it to the person at the senior center, amd they will provide resources in your community – they do it every day, they care, and they want what’s best for you and your loved one.

Until next time,
Alice

Alice Reiter Feld, Esq., PA, CELA,
Board Certified Elder Law Attorney
Law Offices of Alice Reiter Feld, PA
5701 N. Pine Island Rd.
Suite 260
Tamarac, FL 33321
(954) 644-7270
areiterfeld@senioradvocates.net
www.florida-elderlaw.com

Tuesday, August 23, 2011

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Administrative/Office Assistant

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Administrative/Office Assistant

Excellent Job Opportunity: Professional Phone and Customer Service/Receptionist

My
Law Firm in West Broward is seeking a special "people" person for a unique position. Part time and full time will be considered.

This is not a typical receptionist position. APPLICANT MUST HAVE EXCELLENT PHONE BASED CUSTOMER SERVICE AND COMMUNICATION SKILLS.

The position entails heavy phones, assisting clients, directing calls to the proper personnel, appointment setting, followup and taking initial intake information in a structured manner for which you will be trained.

Able to follow written office procedures but also use initiative and common sense.

Position also includes basic office duties and requires candidate to be proficient in all Microsoft Office applications and internet.

Candidate must be well spoken, independent, energetic, able to resolve client issues, work in a fast paced environment and have customer service experience. Sales and/or marketing experience a plus.

Position requires in house training. Please apply only if you are looking for a long term position.

Part time or full time considered.

Please respond with the following. NO application will be considered without all of the information requested

• A 250 word paragraph as to why you would be good for this position
• Reference from a previous employer
• Salary requirement or salary on last job

 

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Professional Phone and Customer Service/Receptionist

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Professional Phone and Customer Service/Receptionist

Excellent Job Opportunity: Administrative/Office Assistant

Office assistant/receptionist needed for my Tamarac law office. We are two attorneys with staff of 6/7. The position is for a receptionist but requires much more than just answering phones and greeting clients. This position requires intelligence, patience and common sense. Our clients are senior citizens and their families, often in time of crisis.

Position also includes the following: opening and closing files, calendar management, appointment setting , order supplies, copying, faxing, scanning.

Must have office experience. Legal experience helpful but not essential. MUST HAVE EXCELLENT COMPUTER SKILLS and be very comfortable with the computer including all Microsoft Word applications and the internet. Must be very organized, able to follow office procedures and use initiative, able to multitask, have great attitude and work as a team player. Good on phones, hardworking, reliable, quick learner. Please apply only if this job sounds like something just for you.

Part time or full time considered.

Please respond with the following. NO application will be considered without all of the information requested

• A 250 word paragraph as to why you would be good for this position
• Reference from a previous employer
• Salary requirement or salary on last job.

Monday, August 22, 2011

South Florida Elder Law Attorney Blog: Will Your Loved One's Decisions Be Made By A Stranger?

South Florida Elder Law Attorney Blog: Will Your Loved One's Decisions Be Made By A Stranger?

Will Your Loved One's Decisions Be Made By A Stranger?

I always try to emphasize the importance of planning ahead... you and your family want to be prepared in case something should happen to you.  A “guardianship” is a situation that some families find themselves in... and it means that your loved one’s healthcare and financial decisions may be made by a perfect stranger, appointed by the courts.  So, what is the difference between a power of attorney and a guardianship?

A power of attorney is a legal document where one person (the principal) authorizes another  person (the agent) to act on his or her behalf, either for health care decisions or for financial decisions. (Remember - new laws on powers of attorney start in October!)

Guardianship over the person is a legal relationship whereby a court gives a person (the guardian) the power to make personal decisions for another (the ward). A family member or friend initiates the proceedings by filing a petition in the circuit court in the county where the individual resides. A medical examination by 3 licensed medical professionals is necessary to establish the individual’s condition. A court of law then determines whether the individual is unable to meet the essential requirements for his or her health and safety. If so, the court appoints a guardian to make personal decisions for the individual. Unless limited by the court, the guardian has the same rights, powers and duties over his ward as parents have over their minor children. The guardian is required to report to the court annually.

A guardianship is a legal relationship whereby a court gives a person (the guardian) the power to make financial decisions for another (the protectee). The court of law determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a guardian to make financial decisions for the individual. Often the court appoints the same person to act as both guardian of the person.

Powers of attorney for health care and property/financial decisions are relatively low cost and private ways to decide which family member or trusted friend will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. If you do not have power of attorney, or if your powers of attorney are not drafted properly and something happens that results in your inability to make decisions, your loved ones may later face court proceedings and court-supervised guardianships. A court proceeding is not only costly, but the person appointed as your guardian may not be the person whom you would have chosen yourself.

Don’t let this happen to you or your loved one... put the right documents in place now, or it may be too late!

Friday, August 19, 2011

Need Your help Placing Alzheimer's Patients

My office has two male clients in their fifties with mid-late stage Alzheimer’s.  We’re trying to place them in a SNF, preferably  in Broward County.  Both will qualify for Medicaid.  We have not been able to find a facility willing to accommodate these “younger” men. 

If you can help me place these men, please contact me at alice@florida-elderlaw.com

Thursday, August 18, 2011

The rules of paying for nursing care can get so complicated it makes your head spin!

First let me tell you that many of my clients, about this time, decide they just want to know if I can save them money?  If they are likely eligible for benefits?

They want to cut to the chase and find out now what their own personal bottom line is.  If that’s you... if you want to know now how you might become eligible and how much you might save, then call my office at (954) 726-6602  and let’s explore whether or not you’re likely to qualify and what you might be able to protect.

You may have assets in lots of different places. You might have insurance policies, checking and savings accounts, IRA's, 401k's, CD's, a car, a boat or RV, an annuity or a home. Let me show you how the Medicaid officials view your money and assets differently. They focus on dividing your financial assets into three different categories:

1. Available Assets
2. Exempt Assets
3. Unavailable Assets

Let's look a little closer at each of those three types of assets:

Category number one, available assets, is made up of assets that you could cash in and use for your own nursing home care. Available assets are also referred to as "countable resources." The Medicaid views your available assets as the ones you should send every month to the nursing home - at a whopping $7,000 to $8,000 a month.

The second category is referred to as Exempt Assets. The Medicaid Department allows you to keep these assets - even though you may qualify for Medicaid services. If an asset is exempt, you do not have to cash it in to pay for your nursing home bill.

The third category may sound a little bit strange, but it's called Unavailable Assets. Those are assets which appear to have some value, yet for one reason or another, they are not available to be spent on long term care. One of the best examples of an unavailable asset is an irrevocable prepaid burial insurance policy.

Prepaid burial insurance policies are a relatively straightforward insurance product in which a person spends money now for the future promise to pay for burial cost. Typically the burial insurance product is put together so that it is irrevocable and non-assignable (that just means that once it's done, you can't change it). It's only available for one purpose - to pay a funeral home for your final expenses. After all, even the Medicaid department doesn't want to deal with all these buried bodies... so they've been generous enough to allow you to prepay for your funeral. Even if you paid $12,500 for that particular policy, it's just plain unavailable to you for nursing home care.

If you'd like to learn more about how the Medicaid department views your money, give us a call at (954) 726-6602. Our experienced team of attorneys can show you how Medicaid "sees" your assets. Transform some of your "available" life savings into exempt or unavailable assets.

Hope to hear from you!
Alice

Alice Reiter Feld, Esq., PA, CELA,
Board Certified Elder Law Attorney
Law Offices of Alice Reiter Feld, PA
5701 N. Pine Island Rd.
Suite 260
Tamarac, FL 33321
(954) 644-7270
areiterfeld@senioradvocates.net
http://www.florida-elderlaw.com/
Legal Disclaimer

This information has been provided for general informational purposes only. It does not constitute specific legal advice. Do not take any action based on your understanding of the legal concepts presented in this letter except to call a qualified elder law attorney. The receipt of this information does not establish any attorney-client privilege. Proper legal advice can only be given upon consideration of all the relevant facts, circumstances, and laws.

Tuesday, August 16, 2011

Foreclosure and Our Seniors

Today I had a call from a client who lives in an independent living facility, has no savings left and whose condo was going into foreclosure.  He was very disturbed by all the “demand” letters he was getting from the mortgage company, the condo association etc.  So much so, that his wife was becoming ill with stress.

After reviewing all the alternatives it became clear that he and his wife had no choice but to allow the foreclosure.  But even the thought of someone suing him and not being able to pay his bills (despite being judgment-proof) was extremely disturbing and embarrassing to him.

I have had many clients come to me with virtually the same problem.

Seniors have been the worst hit by the foreclosure crisis. And I see it, up front and personal, and over and over again, and it is heartbreaking.  This is the generation who survived a major depression, a world war and now in their twilight years, are unable to pay their bills and are losing their homes. 

I have no solution for this problem nor would it do any good to assess blame.  I just think it is one of the saddest things about our economic crisis.


Tuesday, August 9, 2011

Health Care Reform News and Fun Facts

For the first time since the enactment of the Health Care Reform Act (Obamacare), a US Court of Appeals upheld Congress' right to enact health care reform law.

This is a very important decision because it was made by prominent conservative and liberal judges, taking some of the momentum out of the issue of repeal and reminding us that decisions should be made based on the law, not politics.

Changes are being implemented over a period of time. Any changes that have not already occurred do not take effect until 2014 when most of the major changes really kick in.

For now, here are some interesting and fun facts you might not know:
  • Health care reform requires restaurants with 20 or more chain locations to include the calorie content next to each item on the menu. This will allow for individuals to make better-informed decisions regarding their nutrition. In 2009, according to the Center for Disease Control (CDC), 26.7% of Americans self-reported themselves as obese.
     
  • A total of $50 million will be used for Community Transformation Grants to encourage healthy living; this money may be used, for example, to provide nutritional school lunch programs.
     
  • A 10% tax will be imposed on all indoor tanning sessions

Monday, August 8, 2011

Will Your Loved One Lose Their Dignity?

Alzheimer’s disease robs those with the disease of their personalities, their roles in life, even precious time with their loved ones.  That’s something we all know.  But if you’ve been reading these emails the past few months, you also know that there are ways to make your loved one’s remaining time precious and dignified.  But some caregivers unknowingly put their loved ones with Alzheimer’s at risk – simply by not taking steps to help them keep some of what they’ve worked a lifetime for.

When a loved one begins experiencing personality changes, Alzheimer’s could be a culprit – but it’s always important to have a diagnosis made by a doctor.  If a diagnosis of dementia or Alzheimer’s is made, there are steps every family should begin to take right away to ensure that their loved one isn’t put in a position to lose almost everything they have – including their dignity.  But this doesn’t have to be the case.

Too many families think that an Alzheimer’s diagnosis means that they have plenty of time to plan for the eventualities of nursing care – unfortunately due to new laws that have been put in place in the last few years, that’s not the case.

When someone is diagnosed with Alzheimer’s, it’s vitally important that you get their financial house in order right away, whether or not there will be someone to bear the financial burden if they need skilled nursing care.  The sooner after diagnosis the better to discuss your loved one’s plans and paperwork regarding insurance, wills, burial policies, safe deposit boxes, files, and personal wishes.  Your loved one will be more able to discuss their wishes, and you can even put in place documents to allow your loved one to get their hair done, fresh flowers brought to their room, and other things that will make their life with Alzheimer’s as “normal” and pleasing as possible.

If Alzheimer’s is a concern, you need to make two appointments: the first with an elder law attorney and the second with a physician.  Your loved one may be more willing to go to these appointments if you accompany them.  Whether you come to our firm or another, making these plans early is essential so that you’re loved one is not penalized when they ultimately need nursing care.

You may want to search for a neighbor or lifetime friend of your loved one who can assist you with gathering the information you’ll need and getting them to these appointments.

Don’t take the risk of allowing your loved one to lose everything to high care costs.  Their life savings could be quickly whittled down to a mere $2000 in the bank and $30 per month in income.  How many hairdos can a woman get with $30 per month?  Fresh flowers?  What happens when your loved one’s hearing aid is accidentally stepped on, or he’d like to get something to hang on the wall in his room?  Frankly, these numbers are too thin for most people, and your loved one may have to have these costs covered by friends and family... an action that for many seniors, is something they never wanted to have happen. 

I urge you to call my office today... not for my sake but for that of your loved one.  We’ll talk over the phone to see if we’re the right fit for you... and if we can’t help you, we’ll point you in the direction of someone who can.  Don’t let your loved one suffer the loss of dignity that so many of those with Alzheimer’s do, being unable to even provide for their necessities because care costs have sapped their life savings dry.  That’s why we do what we do – to help people like your loved one live a more dignified life with Alzheimer’s.

Monday, August 1, 2011

Gay Marriage in New York: Before You Take the Plunge

Gay couples: Think twice before running up to New York to tie the knot. Along with the rights and benefits of marriage come the responsibilities. And there are a few catches!

Firstly. The marriage will not be recognized in Florida. This means that any rights, benefits and responsibilities afforded married couples in Florida will not be afforded to same-sex couples who marry out of state.

This is because of the Defense of Marriage Act (DOMA), passed in 1996, which precludes states from recognizing same-sex marriages that happen out-of-state. So no Social Security, spousal, death or survivor benefits, and no spousal Veteran's benefits are available in Florida.

So what happens if a same-sex couple marries in New York and moves down to Florida . . . are they still married? Probably not - at least for now. Only time will answer these questions as more and more states adopt same-sex marriage.

The second catch is that being married may give your partner rights that you may not want to give. After all, may couples choose not to get married for a variety of reasons. Simply because same-sex marriage is available, does not mean you should take advantage.

For example, among other things, married couples have the right to take a portion of a deceased spouse's estate, possible spousal support, responsibility for paying for nursing home care and the right to make health care decisions. All couples, especially senior citizens, need to address all these issues before deciding whether marriage serves these and other needs.

Whether married or not, these are issues that all couples face in planning their estate and long term care needs, and providing a legacy. For seniors, my opinion is that it is an unnecessary complication. Now gay people in New York have the absolute right to complicate things for themselves, too.

Just When You Thought It Was All Worked Out

Being a caregiver is trying... just when you think you have everything worked out, your loved one has a change in status that turns the world upside down again.  Maybe they had a stroke, or are not getting along with another patient in the facility, or they just need more assistance than they used to.  The prospect of having to make all those changes, constantly, can be overwhelming!

I’m here to help you not to lose heart, even though there are some disturbing truths about dementia.  The very reason this disease is referred to as a “journey” is because it continues to change.  Your loved one’s brain is degenerating, and she is only going to get worse – not better.  Often, both the blessing and the curse is that the disease progresses slowly. Unfortunately, one can’t put out a sign that says “Already have one illness, can’t get another – sorry, my scorecard is full!”  There will be changes in this process and there is little choice except to forge ahead, but with assistance.

The 5th Absolute for Caregiver Decision Making is: Never Stop, Instead Progress.  Your role as caregiver is one of the most difficult you will face in this life, and there will be times when you feel like you just can’t take any more.  Before you get to this point, you must request and accept assistance - and there are many ways to find it.

Ask for assistance from the people at your loved one’s senior citizen complex - they will provide you with resources for your next steps.  When you are feeling overwhelmed and trying to figure everything out on your own, it is sometimes difficult to admit you may not know the best path to take, or even what questions to ask.  Make a copy of this and hand it to the person at the senior center, amd they will provide resources in your community – they do it every day, they care, and they want what’s best for you and your loved one.

Until next time,...