About South Florida Elder Law Attorney, Alice Reiter Feld

Monday, December 30, 2013

"Obamacare" Might be Good for Boomers

I know what you're thinking.

"Oh, great...more information on the Affordable Care Act? I can't even understand the information I've already read!"

Well, folks if you were born between 1946 and 1964, you should read this - because "Obamacare" may be good for Boomers.

Boomers were shattered by the recent recession, and many have significantly-shrunken savings. This is happening at the exact time they're starting to fall prey to the infirmities of advancing age. Many, as a result of the recession, have gone without health insurance. And those who've had to purchase their own insurance are paying five to seven times as much as younger people. Talk about a perfect storm!

People who retire before 65 are at special risk. They're not eligible for Medicaid, and if they're not on insurance plans from their former employers, they won't get group discounts. In addition, this age group has been hard-hit by denial of coverage for pre-existing conditions - which cannot happen under ACA.

Under ACA, there will be no limit on annual or lifetime benefits, and Boomers will pay no more than three times as much as younger people.

In addition, many Boomers will be eligible for tax breaks, which will be used toward paying part of their insurance bills...therefore lowering their rates. And Boomers who've kept working just so they could keep employer-sponsored insurance may now have the freedom to retire, because costs for individual coverage will be lower.

But it's certainly complicated. And as of this writing, the government has shut down, politicians are screaming, and registration for ACA has started...making everything even more complicated.

But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we're Elder Law attorneys. We know how this new legislation will affect Boomers. In fact, we've been helping South Florida families figure out new legislation - both Federal and state - for the past 35 years. And we've helped them, too, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.


If you're confused about "Obamacare," give us a call. We'll clear it up for you.

Friday, December 20, 2013

How to Select the Right Retirement Village

Admit it. If you're a Boomer (or older), you've pictured the "ideal" retirement village. Something, perhaps, out of a Currier & Ives postcard (but without the snow!).

Well, there's certainly nothing wrong with dreaming about it. But just be sure that your dream is still in touch with reality.

The ads in newspapers, magazines, and TV are beautiful. But, just remember - they're meant to sell something. Which is why I tell my clients to do their homework before signing on any dotted lines.

Retirement communities often boast pools, clubhouses, and sometimes even restaurants and golf courses. Many project an image that's almost like a resort...except that you can actually live in this resort.

But a retirement home is one of the biggest investments you'll ever make. And you have to treat it as such.

If you want to bring your dream retirement village into reality, start by thinking carefully about your "needs," "must-have's," "wants," and "would-be-nices." And then set your financial parameters, to see how many of your wants, needs, etc., you can afford, and the type of location in which you can afford them.

Do you want a private home? Villa? Apartment? Townhouse? And would you be willing to compromise, say, from a private home to an apartment or townhouse if it meant living in a nicer area?

Would you like to live in a city? Suburbs? Small-town "Exurbia?" Or out in the country (again, if you can afford it)?

This, folks, is a business decision...not one based on emotion!

Where you live is a big decision as you age...and a complicated one. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. We've been helping South Florida families make big decisions for the past 34 years. And we can help them with big decisions, such as comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.


We can help your family, too. And we're just a phone call away.

Wednesday, December 18, 2013

Are You On Medicare? Confused By Obamacare?

Welcome to the club! In my practice, it's very rare to meet a Medicare beneficiary who's not confused by the new healthcare legislation!

It's confusing, in part, because many of the same insurance companies are offering coverage for both Medicare and the new healthcare exchanges. But, if you're on Medicare, you don't have to do anything differently. Open enrollment still starts Oct. 15 and closes Dec. 7, while enrollment for the new state exchanges for people 65 and under runs from Oct. 1 through March.

Because of the confusion, however, the state exchanges are already fielding calls from Medicare recipients, many of whom are concerned that their Medicare supplement costs will rise. But that's not going to happen.

In actuality, your Medicare benefits won't change under the Affordable Care Act.

ONE NOTE OF CAUTION: There's one group of people who aren't confused at all - scammers. They're ready, willing, and able to prey on seniors who are confused. So don't give out personal information unless you know for sure to whom you're speaking!

Bottom line? Medicare beneficiaries may actually be the ones who benefit the most from Obamacare. They're the ones most likely to have pre-existing conditions, and most likely to be charged more because of these conditions, and their age. And that won't be allowed under the new law.

Confused? We can help.

At The Law Offices of Alice Reiter Feld & Associates, we're Elder Law attorneys. We've been answering questions like these for South Florida families for the past 34 years. And we've been helping them achieve financial security, as well, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset protection plans, and assistance with Medicaid (and Medicare!) and the VA.


If you've got questions, we've got answers. And we're just a phone call away.

Monday, December 16, 2013

The Cost of Living Longer Part 3

Do you know the fastest way for a middle-income Boomer or senior couple to become a lower-income Boomer or senior couple?

Simple. Just become ill...without long-term care insurance.

I see it every day...people who've worked hard and saved some money, only to see it wash away in a flood of medical bills as they age. And it breaks my heart. Because, if you've managed to squirrel some money away, you could probably have afforded long-term care.

Our life expectancies are going up these days...along with the cost of healthcare, the distance we're living from our children and families, and the financial pressures on Medicare and Medicaid. The new Affordable Care Act, in fact, stipulates $500 billion in Medicare cuts over the next decade!

Where do you turn if you or your spouse gets ill? Home health care? Adult day-care? Assisted-living? A nursing facility? Respite-care services, which allow the caregiver to drop off the senior for a limited period? Who's going to pay for it? And for how long?

And if you haven't purchased long-term care before you or your spouse become ill...forget about it. No one will insure you once you're sick!

If this happens to you, you're going to be out of time, out of options, and - probably very quickly - out of money. And if you've planned to leave something for your heirs, there may be nothing left to leave.

I'm not big on clichés. But I do believe that those who fail to plan, are planning to fail. When it comes to healthcare expenses as you age, you fail to plan at your own risk. And at the risk of those you love.

We can help.

At The Law Offices of Alice Reiter Feld & Associates, we've been helping South Florida families plan for healthcare costs for the past 34 years. And we've helped them, as well, with comprehensive estate planning, wills, trusts, powers of attorney, asset-protection plans, and assistance with Medicaid or the VA.


It's expensive to live longer. But we can help you figure it out. We're just a phone call away.

Friday, December 13, 2013

The Cost of Living Longer Part 2

In my opinion, the greatest threat to the financial security of middle-income Boomers and seniors is the cost of long-term care. And "Obamacare" - whether you're for it or against it - will not assist with this.

Assisted-living facilities are now climbing toward the $4,000-a-month mark. And many have started bundling more services together, rather than charging for each individually. The result? Many people end up paying for services they don't need.

A private room at a nursing home will soon hit an average of $300 a day. And the cost of home healthcare is rising, too.

Some people choose - at least temporarily - independent-living apartments. These facilities typically don't require lump-sum payments, and residents can contract with home health-services independently.

Medicaid may - or may not - be there for those who qualify. But if you ever want to learn the true meaning of "jumping through hoops" - just try qualifying!

The best thing, of course, is long-term care insurance. But that's getting more expensive, too, as companies raise their rates while cutting their coverage. In addition, this insurance is getting more complicated, now encompassing aspects such as protection of the surviving spouse, caregiver issues, scams/ID theft - and making sure you have an advocate to fight for your rights in a system that's slanted against you.


In short, we're living longer. And, unlike previous generations, we're generally not living with - or even near - our children. So we're going to need more money for this longer life...and for the possibility of illness, which is, of course, greater as you age.

If you're considering long-term care, you're going to have questions...a lot of them. We can help - because we have the answers.

At The Law Offices of Alice Reiter Feld & Associates, we've been answering these questions for South Florida families for 34 years. And we've answered their questions, too, about comprehensive estate planning, wills, trusts, powers of attorney, asset-protection plans, and assistance with Medicaid and the VA.


We can answer your family's questions, too. And we're just a phone call away.

Monday, December 9, 2013

The Cost of Living Longer - Part 1

Every day, I see clients for whom long-term care is the elephant in the room. They feel they can't afford it. But they also feel they can't afford not to have it. So their solution is to pretend they don't see the elephant.

The older you are, the more expensive a long-term care policy gets. And if you get sick before you have long-term care protection in place...it's too late. That elephant will crush what's left of your bank account - and your estate.

And, in some areas, the costs for these policies are rising faster than inflation.

Therein lies the conundrum for Boomers and seniors. We're living longer than our parents did. But that means we'll need more money to make it through our "old age" than they did.

Finding long-term care is a tough process. You've got to find a place that cares for people with your (or your loved one's) circumstances. With the right facilities and staff. A place that leaves you with a good feeling. And you have to be able to afford it!

You've got to be strategic. And if you can identify the specific services you (or your loved one) will need, and are willing to haggle on the price, you can at least get more for your money.

Remember that "long-term care" is a broad category, with options ranging from live-in facilities to your own home. In Part 2 of this series, we'll talk about some of them.

Meanwhile, if you've got questions, we've got answers.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. We've been answering questions like these for South Florida families for 34 years now. And we've been helping them secure their futures, as well, with comprehensive estate planning, wills, trusts, powers of attorney, asset-protection planning, and assistance with Medicaid or the VA.

We can help you navigate the long-term care conundrum. And we're just a phone call away.

Thursday, December 5, 2013

Ellen Goodman and "The Conversation Project"

It might be the most difficult conversation you'll ever have. But it'll definitely be the most important.

My clients know me as a devoted "Death With Dignity" advocate. I believe in peoples' right to die in the manner they - not their doctors - wish!

So does Ellen Goodman.

Ellen Goodman is a Pulitzer-Prize-winning writer for The New York Times. She's a keen observer of modern American culture. When she talks, people listen. And now she's talking about "The Conversation Project."

It's the conversation you and your family have probably been avoiding...the conversation about how you (or your parent) would like to die. Whether you'd like to be kept alive by artificial means. What measures you'd like taken - or not taken. Whether you'd rather die at home or on hospice than in a hospital.

The Conversation Project started in 2010, when Goodman, who had recently lost her mother, found herself in a conversation with friends about loved ones' "good" and "bad" deaths. Goodman - like so many of her friends - had never had "the conversation" with her mother. And when her mother had gotten sick and, eventually, unable to communicate her wishes, Goodman had no idea what to do.

The sense of loss she felt at her mother's passing was amplified by the fact that she hadn't asked her mother, in advance, what she wanted. She realized that millions of other people were carrying the same burden. So she started The Conversation Project (www.theconversationproject.org).

At The Law Offices of Alice Reiter Feld & Associates, we've been having these conversations with our clients for a long time - 34 years, to be exact. And during that time, we've helped thousands of South Florida seniors - and their families - define what, to them, would be a "good" death. And we've helped them, as well, map out their financial futures, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid or the VA.

It's not an easy subject. But we can help. And we're just a phone call away.

Monday, December 2, 2013

Moving In With Your Kids? A Survival Handbook - Part 3

As we’ve noted, moving in with your adult children is not the end of the world. It can actually be a time of great fulfillment…for them as well as you.

Here are a few more tips…

* THE BATHROOM – Try to plan your use (other than when nature calls!) around the family’s use. And don’t leave your things lying around in there; if possible, store them in your room.

TV - For many seniors, TV is an important diversion. But it can also lead to resentment, if other family members can’t watch their favorite shows. If possible, buy yourself a small TV and watch in your room.

GRANDCHILDREN – Perhaps the greatest joy of living with your children is that you may also be living with your grandchildren. But remember that disciplining them is their parents’ job – not yours. Your children may sometimes ask for your advice…and that’s the time to give it. But until asked, hold your tongue!

For seniors, who’ve been masters of their own lives for many years, moving in with their children can be very disorienting, and even frightening. All of a sudden they’re not the masters of their own lives anymore. And it’s natural to feel uncomfortable, and to feel confused.

But if you follow these rules – and keep an open, optimistic mind – you may be very pleasantly surprised. Just use common sense. And give your children the respect you always taught them to give to others.

If you’re moving into your child’s house, you may feel uncomfortable and disoriented, too. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we’ve been practicing Elder Law for 34 years. We’ve helped thousands of South Florida families with issues like this. And we’ve helped them with financial issues, too, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help your family, too. And we’re just a phone call away.

Tuesday, November 26, 2013

Moving in With Your Kids? A Survival Handbook Part 2

In my practice, I often meet seniors who, for one reason or another, have to move in with their adult children. And I can tell you it's often very challenging...for both parties.

But it doesn't have to be. There are ways that you and your child (and your child's spouse/family) can learn to live with each other...and even grow to love it!

In Part 1, we spoke about a few ways to transform a potentially rough situation into a life-enhancing one. Here are some more...

* HAVE A POSITIVE ATTITUDE! There will certainly be things you're not happy with. But don't go down that road! Accentuate the positive. You may be surprised to find that your positive attitude will spark the same in your child...and make things better for everyone.

* FINANCES - I don't need to tell you about families destroyed because of money. You need to have a clear financial arrangement...perhaps even write it down. Both parties need to know who's paying for what. You need to have a sit-down discussion with your child - before you move in!

* HELPING OUT AROUND THE HOUSE - Your help may be welcome in many circumstances. In others, it may not be. But you'll never know unless, again, you have a conversation about it. Find out where your help might be needed, and where it might be construed as interference.

* FOOD - Tell your child about any dietary restrictions you have (and, perhaps, any foods you can't stand). But be flexible.

Sound confusing? Just wait until you have to work these things out in real-time!

We can help.

At The Law Offices of Alice Reiter Feld & Associates, we've been practicing Elder Law in South Florida for 34 years. We've helped thousands of families find solutions to issues like this. And we've helped them find financial security, as well, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We'll be there when you need us. And we're just a phone call away.

Friday, November 22, 2013

Moving in With Your Kids? A Survival Handbook - Part 1

Sometimes, what goes around, comes around. Some of us, after raising children in our own homes, find ourselves moving into their home.

It can be a difficult situation. Seniors are often in this position because of a loss of independence. After a lifetime of sheltering and providing for our children, they're now the ones sheltering us.

It's no picnic for your child, either. After finally achieving independence and self-sufficiency - and, most likely, raising their own children - now they've got to share their home with you. After possibly achieving that most envied goal of parents - Empty Nesthood - now they've got to share their nest. Seniors, of course, are acutely aware of this. And they may feel insecure about whether they're really wanted.

Opportunities for conflict are like low-hanging fruit in this situation. But it doesn't have to be like the Hatfields and McCoys. In fact, if both sides use common sense (and sensitivity), it can be one of the most rewarding periods of your life.

Here are two tips to get you started...

* Be grateful! Be grateful your child is taking you in. They are willing to make a huge lifestyle adjustment...and are putting your needs ahead of theirs. Many seniors aren't as fortunate as you - they may have to move into assisted living or a nursing home. So see your cup as half-full.

* Compromise! Even if you want your own bathroom, don't ask for changes if they might cause problems.

If you're moving in with your child, you'll have a ton of questions. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. Over the past 34 years, we've helped thousands of South Florida families facing this situation. And we've helped them plan for their futures, as well, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help your family, too. And we're just a phone call away.

Tuesday, November 19, 2013

A Right to Die, The Will to Live

Recently, the New York Times Sunday Magazine had a touching article about the right to die with dignity.

It was about a Salt Lake City couple named Brooke Hopkins and Margaret (Peggy) Battin.

Brooke was a giant of a man, 6'5" with an appetite for life to match. He's a university professor who loved the great outdoors, and traveling to exotic destinations. And he was described by a friend as "the one who ate the most, drank the most, talked the loudest, danced the longest."

But his dancing ended on Nov. 14, 2008. That was when he had a horrible bike accident, flying off his bike, and his neck and head hitting the ground with a shattering force.

After months in the hospital, Brooke emerged as a quadriplegic who's attached to a ventilator. And Peggy, also a university professor, emerged as a caregiver to a man who had been the living definition of "vitality."

Brooke had already dictated a living will, stating that no extraordinary measures were to be taken to extend his life artificially. However, by the time Peggy got to the hospital...the extraordinary measures had already been taken. So, every day of her life, Peggy is now faced with the question of what Brooke, who is often in pain and needs 24/7 attention, would like her to do. Shut off the machines and the breathing and feeding tubes? Or keep her husband - who still has an active mind and voice - alive artificially.

Brooke and Peggy had done all the right things. But, still, they're confronted on a daily basis with questions. Brooke about when to say "when." And Peggy about what to do when the love of her life finally does say "when."

When the time comes, your family will have questions, too. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law....and we've been answering questions like this for South Florida families for the past 34 years. And we've helped them - and their senior loved ones - secure their futures, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help your family, too. And we're just a phone call away.

Wednesday, November 13, 2013

Have the Courage to be Knowledgeable

The Affordable Care Act (Obamacare) provides insurance for the uninsured, who unfortunately have become overcome with confusion, fear and misunderstanding that they are avoiding the process altogether. Believe me, I get it. We are trying to navigate the options in our office and even with the help of a professional insurance broker, we still are unsure of our options or how to proceed.

Also, many are not aware of some of the wonderful new benefits added to Medicare recipients including yearly Wellness visits ( an opportunity to talk about end of life issues), and coverage for numerous procedures that were not covered before.

If we can help, please don't hesitate to call and we will share all our research. But use all your resources. Call your insurance person, go on the website (healthcare.gov), contact the county for resources they provide; http://www.broward.org/Benefits/Pages/HealthCare%20Reform.aspx; and http://www.browardhealth.org/upload/docs/Corporate/STAR/Sept%20Oct%20STAR%20WEB.pdf;

Let me know what you learn!

Monday, November 11, 2013

My Veteran's Day Message

This message is dedicated to my father, a World War II veteran.

15 years ago, a client came into my office and told me about a friend who was getting some sort of veteran's benefit for his assisted living care. I was skeptic to say the least because I was an established elder law attorney who had "read all the books" and "taken all the classes" and I never heard of such a benefit. Luckily for me, this client was an exceptionally bright and informed person and she proceeded to gather whatever information she had from her friend. The result for me was a two week immersion into a world that few knew about and that I was suddenly an expert. It was the discovery of the benefit commonly known as "Aid and Attendance". Myself and other attorneys began becoming more educated and passing the "well kept secret" to other attorneys, clients and allied professionals so that they would be aware that there was a benefit of up to $1700 per month (now $2100) for wartime veterans who qualified which has many times changed the lives of our senior clients.

Unfortunately, this well kept secret became so well known that many non attorneys began "assisting" seniors with applications (selling unnecessary products along the way) which in most circumstances, in order to qualify, there was the need to make this planning part of an entire estate plan which of course is the role of the attorney. The results that came into our office were disastrous; bad applications, applications that have been sitting for years, applications where there was no follow-up or if there was it was inconsistent with the VA's internal rules. Many of the plans put together would prevent and cause ineligibility for Nursing home Medicaid which was needed down the road. Our office has been retained to "fix" the applications of many of these disasters.

The good news on this Veteran's day is that the public, facilities and others are now aware of these issues and are taking steps to protect their veteran's and their families which in turn provides everyone with "happy customers". So we continue to be able to file these applications (albeit much more complicated since back in the day of the "well kept secret") so that our Veteran's and their surviving spouses can afford to pay for their long term care in their later years.

This is my first Veteran's Day without my father who passed away last January at almost 92 years old. He was a World War II veteran who talked little about his years of service during my growing years but was more and more forthcoming during his senior years. He was a very proud veteran who before he died gave my son a map of his tour through Europe that I didn't even know existed.

Happy Veteran's day Dad and to you all and of course to all of our veteran's who have so honorably and courageously protected our nation during our long history.

Wednesday, November 6, 2013

The Aging Game: What to Expect, and How to Cope - Part 3

This is the last of our series on how you can stay younger for longer. None of us can fight off Father Time forever. But we can definitely delay his progress...

In addition to what we've already mentioned, as you age you'll notice changes in your skin. It begins to get thinner, less elastic, and more fragile - you'll see bumps and bruises where you never saw them before. Our skin also becomes drier, as it produces less natural oils. And wrinkles and age spots appear.

So...learn to baby your skin. Don't bathe or shower in hot water. Use a mild soap, and a moisturizer. Use sunscreen outside. Wear protective clothing, and a hat. And if you notice changes to your skin, show them to your doctor!

We've already mentioned smoking's harmful effect. But did you know that it also harms your skin?

Of course, maintaining a healthy weight gets harder as time goes by. And often, muscle mass is replaced by body fat.

It's not inevitable, though. Many of my clients maintain a healthy weight well into their 70's and 80's. They're the ones who maintain a schedule of daily exercise. Who make healthy dietary choices. And who realize that their bodies no longer require the portion-sizes they ate when younger.

Finally, it's vital to have a positive outlook on life. Research shows that people who embrace life with a positive outlook and a grateful attitude generally live longer, and stay healthier.

You probably have questions about the aging process...and the process of adapting to financial and lifestyle changes. We can answer them.

At The Law Offices of Alice Reiter Feld & Associates, we answer questions about the aging process - from physical to financial - every day. Over the past 34 years, we've helped thousands of South Florida families through the aging process...with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help your family, too. And we're just a phone call away.

Monday, November 4, 2013

The Aging Game: What to Expect, and How to Cope - Part 2

Elder Law attorneys have to deal with a lot of questions about physical ailments. And I always tell my clients that they're in charge of dealing with - or preventing - many of those ailments.

For example, as you age, your bones often get smaller and thinner, which makes them more liable to fracture. Muscles generally lose strength and flexibility, and both your coordination and balance can be affected. But you can delay the process.

You can find bone-strengthening calcium in foods such as dairy, almonds, broccoli, kale, canned salmon, sardines and soy products, as well as supplements. Vitamin D, found in foods such as oily fish (like tuna and sardines), egg yolks, and fortified milk, (and supplements), is also important.

Lift weights! Weight-bearing exercises are incredibly helpful in strengthening your bones.

Memory often becomes a problem as we age. But it doesn't have to!

Here, again, a healthy diet's important. Staying physically-active helps, by increasing blood flow to the brain. So do mental "exercises" - crossword puzzles, Sudoku, learning a new skill, varying your routes when you walk or drive, etc. It helps to have a good social network, too. And if you're experiencing memory problems, lay off the alcohol!

Your pearly whites may no longer be so pearly, or so white. Your gums might recede. You might be experiencing dry mouth, or infection. Solutions are simple, though. Brush at least twice a day, and floss. And get regular check-ups.

You really can age gracefully. It doesn't take much effort. It's often common sense. And if you've got questions, we've got answers.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. And we answer questions about the aging process - from physical health to financial health - a hundred times a day. Over the past 34 years, we've helped thousands of South Florida families through the aging process...with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help your family, too. And we're just a phone call away.

Wednesday, October 30, 2013

The Aging Game: What to Expect, and How to Cope - Part 1

I see a lot of clients who are afraid of aging. And I always tell them that aging doesn't have to be a nightmare. If you understand it - and try to stay younger longer (both physically and emotionally) - this period of your life can actually be one of your most rewarding.

Wrinkles and gray hair? Well, unless you spend money on Botox and hair-color, there's not a lot you can do about it.

But aging, of course, affects our insides, too...but there is a lot you can do about that. And a lot of it is just common sense.

As you age, for example, your heart rate slows a bit, and blood vessels and arteries stiffen. This causes your heart to pump harder to move the blood...which can cause high blood pressure.

But you don't have to take it lying down. In fact, if you take it standing up - walking, jogging, hiking, running, even cycling - your heart will pump a lot more efficiently!

Physical activity should be part of your daily routine. It can actually lessen the stiffening in your arteries (as well as fight depression!).

It's also worth repeating that vegetables, fruits, whole grains, high-fiber foods and lean sources of protein (think fish) can all help keep that spring in your step - and your eye.

Smoking? No one's ever laid on their death-bed and wished they had smoked more. But millions have laid on their death-beds and wished they never smoked! And if you like an occasional drink or two...keep it to a drink or two.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law - and only Elder law. And we answer questions about the aging process a hundred times a day. Over the past 34 years, we've helped thousands of South Florida families through the aging process...with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help your family, too. And we're just a phone call away.

Tuesday, October 22, 2013

The Five Wishes

For far too long, we've been discussing the process of dying in whispers, behind closed doors - and often without the person who's dying!

I believe this cheats the patient of the chance to express her wishes. It cheats the family of the opportunity to know their loved one's wishes, so they don't have to guess. And it cheats both parties out of a chance to spend precious family time together.

Now, though, there's a much easier way to have this discussion.

It's a living will called "The Five Wishes." It's written in plain English - not legalese. It gives you the opportunity to express personal and spiritual wishes in addition to medical ones. It ensures your caretaker will know your wishes. And it gives your family peace of mind, knowing they won't have to make decisions - or guesses - as to what you'd want.

Five Wishes tells your family, your doctor, and your caregiver...

* Who you'd like to make healthcare decisions for you if you can no longer make them.

* What types of medical treatment you want - or don't want.

* How comfortable you want to be.

* How you want people to treat you.

* What you want your loved ones to know.

The document meets all legal requirements in 42 states - including Florida.

At www.agingwithdignity.org, they'll walk you through it step-by-step. And at The Law Offices of Alice Reiter Feld & Associates, we can do the same thing.

This isn't a pleasant discussion for any family. But we'll walk you and your family through it. So your wishes are adhered to. And so they'll know what you want.

At The Law Offices of Alice Reiter Feld & Associates, we've been walking South Florida families through this process for 34 years. And we've walked them through financial issues as well as medical ones, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can walk your family through it, too. And we're just a phone call away.

Tuesday, October 1, 2013

Obamacare - Today's The Day

Starting today, more than 35 million uninsured Americans can enroll in affordable health insurance. No one will be turned away for having a pre-existing condition. And most people who don't have insurance today will be able to pay $100 or less per month for coverage.

Even if you're already covered, make sure everyone you know signs up for health insurance. (You never know which of your friends might not be insured.)

Beginning in January, all Americans are required under the law to have health insurance or face a fine. Next year, that penalty will be $95 per uninsured adult or 1 percent of taxable household income, whichever is greater. But the penalties climb every year. By 2016, fines for not having coverage would be $695 per adult, or 2.5 percent of income (again, whichever is greater and capped at $2,085 per household).

Prices for health plans offered under Obamacare are expected to be published today at Healthcare.gov. The federal government recently forecast that a basic health plan for a 40-year-old earning $50,000 per year will run $328 per month. Premiums will vary not only based the kind of health plan people choose, but also on their state of residence and even the city they live in. In New York for instance, that 40-year-old cited above would pay $416 a month for a mid-tier plan. But in upstate Ithaca, where fewer health insurers are available, the same coverage would cost $446 per month, a difference of $372 per year.

People also qualify for free or lower-cost coverage through Medicaid, with some states expanding eligibility for the government program next year, or the Children's Health Insurance Program.

In Florida, the 11 exchanges "companies" offering plans are listed below:
  1. Aetna Life Insurance Co.
  2. Florida Blue (Blue Cross Blue Shield of Florida)
  3. Cigna Health & Life Insurance Co.
  4. Coventry Health Care of Florida Inc.
  5. Florida Health Care Plan Inc.
  6. Health First Insurance Company
  7. Health Options Inc.
  8. Humana Inc.
  9. Molina Healthcare of Florida Inc.
  10. Preferred Medical Plan
  11. Sunshine State Health Plan Inc.
For more information, please visit Healthcare.gov

One thing to remember: Private health insurers, not the government, will decide what plans to offer and set the rates.

Monday, September 23, 2013

What Are The Most Important Retirement Issues Facing Boomers and Seniors? - Part 2

I tell clients that retirement is one of the most important challenges they'll face. And they have questions. How are we going to make it in retirement? How are we going to address health issues? Financial issues?

Well, for many of us, it isn't going to be with retirement savings - because most of us don't have enough. We haven't planned adequately. And we all know that those who fail to plan...

Here are more issues facing Boomers and seniors about retirement...

* Social Security isn't yet "broken" - but it's on the way. And if you're planning on living on it...good luck! Current estimates say the program can pay all benefits for the next 25 years or so. But all bets are off after that.

* When should you begin taking Social Security? This is the $64,000 (or, for many of us, much larger!) question. For people in good health, the best answer is usually to wait...if they can. Taking benefits at 62 means a 25% hit in what you'd get if you waited until 66. And delaying benefits when you're 66 will raise them by 8 percent a year until age 70. The longer you can hold out, the better.

* Inflation: Overall, inflation is still low, despite increases in energy and food prices. But if the economy continues to recover, we can probably expect some serious inflation. And retirees - more than any other demographic - have to plan for this.

Planning for a successful retirement is like wrestling with an octopus. Just when you think you've got the beast subdued, another tentacle pops up. But we can help.

At the Law Offices of Alice Reiter Feld & Associates, we've been helping South Florida families deal with retirement questions for the past 34 years. And we've given them concrete methods of securing their retirements, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid or the VA.

Retirement security is a tough goal to achieve. But we can you get there. And we're just a phone call away.

Wednesday, September 4, 2013

I Recently Moved My Dad Far From Home, To Live With Us. How Can I Help Him Adapt?

Changes in routine can be very difficult for people with dementia or Alzheimer’s. And a forced move certainly qualifies as a change in routine. So you have to allow your father time.
 
Allow him to express his feelings – and listen to him. He has concerns which need to be addressed. He has feelings that need to be validated. He needs you to recognize that he’s dealing with true grief…and that he’s losing more of himself every day.

Trying to reason with him may be fruitless, and may cause him more agitation. But when he asks why, you might respond – calmly – “Dad, I know this has been hard for you. But I love you, and I wanted you close to me.”

Some other things you can try:
  • Give him a photo album to look at, with photos of family and friends, vacations, and other pleasant memories. This often has a calming effect.
  • Allow him to bring any personal items into his room.
  • Introduce him to your neighbors and friends.
  • If he can still write, give him a journal, and encourage him to express his feelings in it.
  • He might benefit from a support group. Contact your local Alzheimer’s Association.
  • If nothing else works, give him the opportunity to speak with clergy or a professional counselor.
Your Dad will need plenty of attention, reassurance, and validation. Keep telling him that you love him, you love having him with you, and you’ll always look out for him. Tell him how well he’s doing. And include him in family decisions when possible.

If you’re caring for a parent with Alzheimer’s or dementia, you’ve got a long and rocky road ahead of you. But we can help you navigate it.

At the Law Offices of Alice Reiter Feld & Associates, we practice Elder Law – and only Elder Law. Over the past 33 years, we’ve walked thousands of South Florida families through the Dementia Journey. And we’ve helped them prepare for this journey, as well…with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset- protection plans, and assistance with Medicaid or the VA.

We know every step of the Dementia Journey. And we’ll get you through it. We’re just a phone call away.

Wednesday, August 21, 2013

My Mom Has Stage 5 Alzheimer's, And Is Always Looking For Her Children. Would a Doll Be Helpful?

As with all questions related to Alzheimer's - especially at an advanced stage - what works for one patient may not work for another.

It's worth a try, though.

All of us - Alzheimer's patients included - have the basic human need to nurture. Sometimes the patient believes the doll is a real baby, and she may carry it around with her to make sure it's cared for. And this can often be beneficial.

But there are no guarantees. I can recall a woman at an adult day care center who was constantly agitated. She had been a nurturing person, volunteering at hospitals her entire life In order to calm her down, the staff decided to give her a doll. At first, the tactic worked.

However, after a few hours, she began to worry about the "baby" needing to be fed. She then became agitated about it. In order to calm her down, the staff took the doll and said they were babysitting it. Once the doll was gone, the woman began to calm down. A few months later, the staff gave her the doll again. And this time, she was fine.

So you can have different results at different times...with the same person!

Your mother needs reassurance, and validation. Often, when Alzheimer's patients ask about their children, they're actually seeing their children as children. So tell her that her children are safe, secure, and doing well. Also, you need to be constantly aware of the need to re-direct her attention elsewhere, if necessary.

If you're an Alzheimer's caregiver, you know it's a 24/7 job. And perhaps the most stressful, lonely job in the world. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we're Elder Law attorneys. For one thing, we've got one of the largest Alzheimer's/dementia resource centers in South Florida. For another, over the past 33 years, we've walked thousands of South Florida families through the Alzheimer's Journey. And we've helped them prepare in advance for it, as well, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset protection plans, and assistance with the VA and Medicaid.

We can walk you through the journey, too. And we're just a phone call away.

Thursday, August 15, 2013

What Kinds of Support Are Available For Someone With Alzheimer's?

Yes, fortunately, support is available for an Alzheimer's patient.

After your loved one is diagnosed, one of your first stops should be a website calledwww.alzhope.com. It's a loving community of families in similar situations. And it will reassure you that you're not alone...and will give you the chance to vent, to listen, and to post questions. They'll wrap their arms around you and welcome you like an old friend.

Your second stop on the support-trail may be the Alzheimer's Association, at www.alz.org. Here you'll find a list of the programs offered...including one for the patient. And you'll also find a link to your local association, and resources close to home.

You may want to check out your local association's early-stage support group. These groups are designed to meet the needs of the patient. Your loved one will have the opportunity to participate in group discussions with other newly-diagnosed patients, led by a skilled facilitator who'll address all the issues - medical, financial, emotional, and family - that need to be addressed.

Your loved one will laugh, cry, talk, and work on common problems with the other patients. These groups usually meet every month. And while your loved one is meeting with others in the same situation, so will you - family members have their own meeting in a separate area.

Of course, there are also avenues of individual support...such as counseling, clergy members, or home health agencies.

Two helpful contacts:

Alzheimer's Disease Education & Referral Center (ADEAR)

800-438-4380

www.nia.nih.gov/alzheimers

National Institute on Aging/Alzheimer's Disease Information

800-222-2225

www.nia.nih.gov

And there's another organization that can help, as well - The Law Offices of Alice Reiter Feld & Associates.

For one thing, we have one of the largest Alzheimer's Resource Centers in South Florida. For a second, we're Elder Law attorneys. For a third, over the past 33 years, we've walked thousands of South Florida families through the Alzheimer's Journey. And for a fourth, we've also helped these families prepare in advance for a possible Alzheimer's/dementia journey, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset protection plans, and assistance with the VA or Medicaid.

We can walk your family through the Alzheimer's Journey. And we're just a phone call away.

Wednesday, July 31, 2013

My Loved One With Alzheimer's Isn't Sleeping At Night. What Can I Do?

Many people with Alzheimer's experience insomnia at some point...or at many points. Needless to say, if you're the caregiver, that makes a tough job -your job - that much tougher.

It's a serious issue. And if your loved one isn't getting enough sleep, the effects on his/her well-being (and our mood!) can be significant.

Here are a few tips...



  • Limit coffee and caffeine (soft drinks, too!) intake. And don't allow it at all in the evening.


  • Try to keep your loved one as active as possible during the day, so he'll be more tired at night.


  • Discourage naps during daytime hours.


  • Create a soothing atmosphere close to bedtime...soft music, candles, etc.


  • Schedule activities that are potentially upsetting to him during daytime hours.


  • Try to keep a consistent routine for bedtime...without being totally inflexible.


  • Ask your doctor about any medications that may be interfering with her sleep.


  • A light snack before bedtime (nothing sugary or heavy!) can have a calming effect. And if your loved one seems calmed by it, make it part of the nighttime routine.


  • Bathroom time is right before bedtime.


  • Your loved one is an adult - don't make bedtime unrealistically early.


  • Pick your battles, Part 1: If he falls asleep on the couch, let him stay there!


  • Pick your battles, Part 2: If she wants to go to sleep in her regular clothes, rather than sleeping clothes, let her.


  • Favorite blankets or pillows can have a calming effect.


  • Safety First! Put night-lights in the bedroom, bathroom, and hallways!


  • If sleeping remains a problem, you need to have a serious talk - probably in person - with the doctor.

If you're caring for a loved one with Alzheimer's or dementia, you know that sleep is just one of many potential problem areas. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. We've been helping South Florida families through the Elder Care Journey for 33 years. And we can help your family from beginning to end...with comprehensive estate plans, wills, trusts, powers of attorney, long-term care planning, asset protection, and assistance with the VA or Medicaid.

We'll get you through. And we're just a phone call away.

Monday, July 29, 2013

How Can I Better Understand What My Loved One With Alzheimer's Is Going Through?

Of course, you'll never totally understand it, and you'll never totally be able to feel it...in large part because your loved one will never totally understand it, let alone be able to express her feelings about it.

There may be lonelier and sadder jobs in the world than being a caregiver to an Alzheimer's patient...but not many of them. And, unfortunately, the journey toward better understanding what they're going through, and what they're feeling, must be grounded in the realization that you'll never fully know.

The good thing about Alzheimer's, though - if thereis a good thing- is that resources are available to find out some of these answers. People are writing about it, people are talking about it, and people are studying it more than ever before.

You can learn a bit about what your loved one is feeling if you join a caregiver support group. (And you'll also benefit from the realization that there are many other people in the same predicament that you are...you're not alone!) Other good sources are your local Alzheimer's Association (alz.org), and your local Area Agency on Aging. One of the best sources of information is National Institute on Aging, an arm of The National Institutes of Health (alzheimers.org).

If we listed all the good websites with information on Alzheimer's, we'd need a book, not a blog.

And speaking of books, there are - literally - hundreds of good ones available. Ask your Alzheimer's Association for some good ones. Or just go on Amazon and explore titles about Alzheimer's. Believe me, there are enough to keep you busy for a long time!

And there's another good resource available, as well...a Board-Certified Elder Law attorney who can walk you through the Alzheimer's Journey.

At The Law Offices of Alice Reiter Feld & Associates, we are Elder Law attorneys. And, over the past 33 years, we've waked thousands of South Florida families through the Alzheimer's Journey...with professionalism, with compassion, and, when necessary, with a soft shoulder. In addition, we can also help you with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset protection, and issues with Medicaid or the VA.

This is one journey you don't have to make alone. We're just a phone call away.

Friday, July 26, 2013

Should My Loved One Be Evaluated? And By Whom?

If you're starting to ask yourself this question, then the answer is simple: Yes.

When a loved one's forgetfulness or confusion becomes obvious, it's time for a complete examination by a physician. This is the best way to determine whether the symptoms are temporary - perhaps caused by depression, poor nutrition, drug intoxication or interaction, alcohol, or organ dysfunction - or if they're permanent, and caused by dementia or Alzheimer's.

We're talking about a complete work-up here - physical exam, medical history, neurological testing, lab tests, brain imaging, and function tests.

If your loved one has never been evaluated, it's best to see a neurologist or geriatrician. If, on the other hand, he's already been diagnosed with Alzheimer's, you should see a geriatric psychiatrist, who can look for signs of depression, agitation, or behavioral issues.

If you don't know where to look for a doctor, check a physicians' referral service. And if you participate in caregiver support meetings, ask the other participants.

A word of warning - Don't Settle! If you're not comfortable with a physician...find a new one! You'll be working closely with this person the rest of your loved one's life. And you need someone you trust...someone with whom you feel comfortable!

Once you have a diagnosis, make sure the primary physician is kept in the loop; after all, she's still the one you'll be seeing for general check-ups and regular health issues.

The best doctors in this field are the ones who realize that Alzheimer's is a family illness...and that the caregiver must be carefully monitored, as well, for signs of stress or depression.

This is a very stressful time for the entire family. And, for many families, a very confusing time. But you don't have to go through this process alone. Help is available.

At the Law Offices of Alice Reiter Feld & Associates, we're Elder Law attorneys. And, over the past 33 years, we've walked thousands of South Florida families through the Elder Care Maze, with comprehensive estate planning, wills, trusts, powers of attorney, asset-protection planning, long-term care planning, issues with Medicaid or the VA, and, of course, Alzheimer's/dementia questions. And we've done it with professionalism, compassion, and, when needed, a soft shoulder.

You don't have to make this journey alone. We're just a phone call away.

Tuesday, July 16, 2013

Re-Defining Aging: Guess Who Just Turned 72?

On May 24, an American icon turned 72. Can you guess who it is?

Let's drop some hints...

*Some say he's looked 72 since he was 22.

* He has a voice that, depending on your taste, is either glorious or grating.

* His temperament is best described as grumpy on a good day, and a train-wreck

on a bad one.

He's had more personal iterations than Houdini...from Electric to Folkie to Born Again

to Gypsy to Hobo Minstrel to Pop to Country Gent to, for a mercifully-brief moment,

Rapper.

You often need an English translator to understand what the heck he's singing.

* He had weaknesses for drugs and women.

He could have probably benefitted from the services of a good sinus/adenoid surgeon.

Got it, yet? OK, a few more hints...

* He was born and raised in Minnesota.

* To those who believed - and there were many - he was the voice of his generation.

OK...it's Bob Dylan! He turned 72 on May 24. So, how's Bob relaxing in his dotage?

By touring America, that's how! In fact, from June 26, where he starts his tour in West Palm Beach, until August 4, when he finishes it in California, he's got 26 performances lined up! In 39 days!

Bob Dylan, like many Boomers, is re-defining "aging." After some 55 years on the road, he's got a schedule that would exhaust a 22-year-old. He's an example of how Boomers see "aging" differently than their parents, who most likely dreamed about good books and empty golf courses. And he's a perfect example, too, that getting "older" doesn't mean getting "old!"

Bob Dylan is probably secure as far as his estate planning. But many Boomers aren't. And that's where we come in...because we secure futures for Boomers who aren't superstars.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. For the past 34 years, we've worked with thousands of South Florida families to secure their futures, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can secure your family's future, too. And we're just a phone call away.

Friday, July 12, 2013

Estate Planning For Non-Traditional Families - Part 3

If you're in a non-traditional family, you know that estate planning is, as Winston Churchill once said about Russia, "A riddle wrapped in a mystery inside an enigma." But here's some advice that'll help.

DOMESTIC PARTNERSHIP/LIFE PARTNERSHIP AGREEMENT

This can be a helpful tool, because it can specify the boundaries and responsibilities of the arrangement. And it can be helpful even if the relationship is non-romantic.

A Life Partnership Agreement can establish how property is owned and titled. It can establish whether income, gifts, or inheritances belong to one partner, or both. It can establish who does what around the house, and who pays for what. And it specifies how finances and ownership will be determined if the relationship ends.

Additionally, this agreement can provide legal evidence of the relationship if it's ever needed.

WHAT ABOUT KIDS?

If there are kids involved, a Parenting Agreement might be beneficial...especially if you ever have to prove in court that you and your partner have agreed to care jointly for the children. One caveat: In most states, courts are not bound by Parenting Agreements; they simply have to provide for the best interest of the child. But if a surviving partner can show a Parenting Agreement in which both partners have provided for the best interest of the child, your chances are better. Also, like a Life Partnership Agreement, a Parenting Agreement can delineate specific responsibilities when it comes to caring for the child(ren), and who pays for what.

The laws are very confusing, and always changing. And they vary from state to state.

Estate planning for non-traditional families can be a complex and tiring legal journey. But we can get you through it.

At The Law Offices of Alice Reiter Feld & Associates, we've been walking South Florida families - both non-traditional and traditional - through the Elder Law Journey for 34 years. And we've helped thousands of them establish estate plans appropriate for them - with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We'll get you through the Elder Law Journey. And we're just a phone call away.

Tuesday, July 9, 2013

Estate Planning For Non-Traditional Families - Part 2

Some of the most important estate planning areas for a non-traditional family are living wills, health care directives, and powers of attorney.

If two people aren't legally married, or related by blood, they may as well be strangers. The Florida case of Langbehn v. Jackson Memorial Hospital was a perfect example. One of the partners in a non-traditional family from Washington state died from an illness during a vacation here. As if that wasn't tragic enough, the family wasn't allowed to visit the dying partner - or even receive updates - until a blood relative arrived.

In this situation, many states consider blood relatives as the only legal family...and the consequences can be devastating. Relatives who are estranged from the sick person may be allowed to make health care decisions, and may be given control of children, the home, and the property. And the partner will have little - or no - legal recourse. In some states, the partner doesn't even have the right to live in the family home while legal proceedings are taking place.

Non-traditional families should also have health care proxies and HIPAA authorizations - even if their state recognizes their union.

Demographic trends in recent years have resulted in dramatic changes in what constitutes a "family" in this country. And I've had a number of non-traditional families or partners come to me heartbroken...because they didn't take the time to get the necessary protection.

The laws are horribly confusing. And, of course, they vary from state to state.

Estate planning for non-traditional families is a minefield, fraught with traps. But we can get you through it.

At The Law Offices of Alice Reiter Feld & Associates, we've been walking South Florida families - both non-traditional and traditional - through the Elder Law minefield for 34 years. And we've helped thousands of them establish estate plans appropriate for them - with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We'll get you through the Elder Law minefield. And we're just a phone call away.

Tuesday, July 2, 2013

Estate Planning For Non-Traditional Families - Part 1

I'm being contacted by an increasing number of non-traditional families these days...with good reason.

Non-traditional families are becoming the one of the biggest demographics in America. Whether gay or lesbian (legally married or not), divorced with children, "significant others" living together, etc., all of us know people in this arrangement. Considered abnormal just a few years ago, this is rapidly becoming the most "normal" type of family in America.

This is especially significant when people are planning their estates...because, until recently, this was uncharted territory. Elder Law attorneys now have new tools in their toolboxes for these families. But if you don't plan accordingly...you're running a huge risk.

TAXES

One of the biggest differences in tax-planning is that non-traditional families have no marital deductions. Married couples, on the other hand, can give money to each other, combine their assets, name each other as beneficiaries, and hold prop­erty and bank accounts jointly.
In a non-traditional family, if one partner contributes more to the household, and an effective plan is not in place, the partner who earns more could actually be taxed if the larger contribution is considered a gift by the IRS!

PROPERTY

Most non-traditional partners believe that joint tenancy, with right of survivorship, is the obvious choice. But that's not always the case!

In addition, title to the property can also affect taxes on the property. In Florida, the transfer of property between unmarried partners can result in reassessment of property taxes. ..even if it was held in joint tenancy!

Confusing? You ain't heard nothin', yet!

Estate planning for non-traditional families is a minefield, fraught with traps. But we can get you through it.

At The Law Offices of Alice Reiter Feld & Associates, we've been walking South Florida families - both non-traditional and traditional - through the Elder Law minefield for 34 years. And we've helped thousands of them establish estate plans appropriate for them - with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We'll get you through the Elder Law minefield. And we're just a phone call away.

Friday, June 28, 2013

Supreme Court Decision Removes Obstacles to Non-Traditional Marriages

Two landmark court decisions last week opened new doors for non-traditional couples. And estate planning for such couples will never be the same.

The Supreme Court ruled that the Defense of Marriage Act (DOMA) violates the Fifth Amendment, by denying Federal benefits and programs enjoyed by opposite-sex couples to gays and lesbians who are legally married in their states. Gay and lesbian spouses cannot get tax-free health benefits from employers. They can't file joint federal tax returns. They're not recognized for insurance benefits or Social Security, nor the marital estate tax exemption. 

The court's decision says that DOMA unconstitutionally denied Edith Windsor an exemption from federal estate taxes on her wife's estate, even though New York State, where she lives, recognizes same-sex marriage. This decision affirms the rights of same-sex couples in the eleven other states (and D.C.) that have legalized same-sex marriages. (Florida, of course, hasn't.)
DOMA, enacted in 1996, defines marriage for federal law purposes as the legal union of one man and one woman.

In another important case, the Supreme Court refused to rule on a same-sex marriage ban approved by California voters in 2008. Instead, they sent the case back to a federal district court there - which had already barred the state from enforcing the law.

Statistics don't lie...momentum is on the side of same-sex couples. Nearly a third of Americans live in states with legalized same-sex marriage. In the latest Pew Research Center survey, 72% of Americans called legalization "inevitable." And several more states may adopt legislation soon.

Estate planning for non-traditional couples has always been tricky. And now that the rules of the game are changing, it's even trickier.

If you're part of a non-traditional couple, you've probably got a lot of questions. We can answer them.

At The Law Offices of Alice Reiter Fled, we've been addressing estate planning problems for South Florida families - all types of families - for the past 34 years. And we've helped them secure their futures, and their wishes...with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

No matter what type of family you're in, we can help. And we're just a phone call away.

Thursday, June 27, 2013

It's a Dog's World... Especially for Seniors - Part 1

Hi! I'm Emily, the official "Office Greeter" at The Law Offices of Alice Reiter Feld & Associates. (Although, truth be told, I much prefer the title of "Goodwill Ambassador.")emily

I carry out my greeting duties with dedication and a warm wag (and a full-fledged lick if you bring me a treat!). Monday was "Bring Your Dog to Work Day." So it's a perfect time to talk about a serious matter...the role a dog can play in a senior's life.

If a dog is man's best friend...then we're blood-brothers to seniors. According to my Mom, Alice Reiter Feld, studies show that we can bring a sense of happiness and well-being to seniors. 

Unfortunately, millions of my healthy friends are put to death every year because they haven't found homes. But millions of seniors would love the companionship and unconditional love that we can give them.

The Pets For the Elderly Foundation is doing something about it.

Pets For the Elderly pays a portion of the fee when someone 60 or older adopts one of my canine brothers or sisters. They now have 52 participating shelters across America...including, happily, the Humane Society of Broward County (www.humanebroward.com). 

How can one of my furry friends help you?
* A loving companion can help a senior feel less isolated...especially if they live alone.
* Just as a dog benefits from his/her daily walks...so does a senior.
* Seniors who own dogs have a sense of purpose, and of feeling needed. (After all, we can't carry our own pooper-scoopers!).
* Owning a dog, according to researchers, lowers blood pressure and cholesterol levels, and lessens incidences of depression. 

So give it some thought. 

My Mom has been helping South Floridians plan for senior life for 34 years, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care plans, asset-protection plans, and assistance with Medicaid and the VA. She can help you, too.

So stop by our office. And if you happen to slip me a doggie-goodie when I perform my greeting duties...well, what Mom doesn't know won't hurt her!
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Friday, June 21, 2013

The Only Constant In Life... Is Change

I wish I could have been the one who said it. Alas, I was beaten by about 2,600 years...by a Greek professor named Heraclitus. But, after moving my office from Tamarac to Coral Springs (1829 N. University Drive), I've been doing a lot of thinking about change. 

Think moving your home is traumatic? Try moving 34 years' worth of files, along with the usual desks, sofas, chairs, computers, copiers, printers, and assorted other office equipment.

It was a bit emotional for me. After all, we'd been in Tamarac for 25 years! During the official moving day on Friday - and during the 16-hour days organizing the new office over the weekend - I occasionally thought about just how right Heraclitus was.

We consider our move a positive change. Nonetheless, other than the deaths of both my parents over the past eight months, it was the most stressful thing I've done in many years. But, even though the move is now in my rear-view mirror, I'm still thinking about change. 

After all, many of my clients are dealing with change...often, change that isn't good. Many are dealing with illness. Or concerns over whether they'll outlive their money. Or uncomfortable family situations due to change. And many are simply dealing with the fear of change.

But we have to learn - all of us - to deal with change. And we have to learn, also, to move on and accept it. Just ask Heraclitus.

I take great pride - and personal satisfaction - in the fact that we've been helping families deal with change for 34 years. And in the fact that we've helped them prepare financially for the changes that come with aging.

At the Law Offices of Alice Reiter Feld & Associates, we've helped thousands of South Florida families prepare for - and navigate - change. We've helped them with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA...and with answers to their questions. 

We can help your family navigate change, too. And we're just a phone call away.

Friday, June 7, 2013

Vet's Benefit Formulas May Be Changing. And Vets Are Confused!

As I mentioned in my last blog, my Dad was a World War II veteran. He mostly kept his memories to himself. But, on the rare occasions he opened up, he conveyed a sense of trauma and horror that remains with me to this day.

So it burns me up when our veterans - who should be honored for their service - are made to suffer because of the VA's incredibly-complex regulations, and their slowness in fulfilling claims. Now, on top of everything else, they may be changing the benefits formula. And it's not to the vets' advantage.
Our government has come up with a formula to change the Cost-of-Living Adjustments (read: Lower!) for those receiving Federal benefits. The new formula would save the government money. But it would hurt veterans.

How? Well, AARP has calculated, for example, that a 30-year-old Iraq or Afghanistan vet without children, with a 100% disability, would lose about $100,000 by the age of 75. In addition, over a decade, 23 million veterans would lose a total of $17 billion in compensation!

We all need a budget deal from Congress. But not one that takes bites out of the money due our veterans!

Too many of our veterans are nursing grievous physical or emotional injuries as a result of their service. And, in my opinion, where these folks are concerned, there should be a "No-Cut" policy!
My Dad passed away recently. But I'll continue to honor his memory - and those of all who've served our country - by fighting for the rights of veterans and their families.

At The Law Offices of Alice Reiter Feld & Associates, we're Elder Law attorneys. We've been working with South Florida veterans and their families for 34 years. And we've walked many a family through the frightening maze of VA regulations.In addition,we've walked them through the Elder Journey...with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid. 

In fact, we're sponsoring a very important seminar on veterans' benefits on March 21. If you're a vet, you should be there.

And, remember - Whether you have questions about veterans' benefits or any aspect of estate planning and financial security, we're just a phone call away.

Tuesday, May 28, 2013

It's Taking Too Long For Our Veterans to Get The Benefits They Deserve!

Nothing makes me angrier than to see veterans suffering while the government dithers about their benefits. And my interest is very personal.

My Dad, who recently passed away, was a World War II veteran. He didn't speak very often about his experiences in the War. But when he did, the emotions came tumbling out. The horror of what he saw never left him. And, as a result, it's never left me, either.

My clients know me as a determined fighter for veterans' benefits. And when I hear of veterans being treated unfairly, it makes my blood boil.

I recently read about an 18-year Navy veteran who's spent his entire post-military life battling Post-Traumatic Stress Disorder...and who's spent the past seven years battling the VA. He filed a disability claim in 2006. And he's still waiting to hear.

This gentleman filled out all the required files, answered all the required questions. But he's still waiting. And he's not alone in his frustration.

According to one study, nearly a million - a million! - veterans have been waiting an average of nine months for the VA to rule on their claims. And many are dying before their claims are addressed! In fact, in a recent one-year period, the VA awarded nearly half-a-billion dollars in retroactive benefits to survivors of nearly 20,000 veterans - after their deaths. In the United States of America, this is unacceptable!

In its defense, the VA says it's converting from a paper system to a digital one. But that's small consolation to veterans who have served our country, but who have to wait until our country responds in kind. Or until they're dead!

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. And we hear stories like this all the time. If you've got questions - or problems - about your benefits, we can help.

In fact, we've answered questions about veterans' benefits for the past 34 years, for thousands of South Florida families. And we've answered their questions, as well, about comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid.

We take veterans' benefits very personally. And we're just a phone call away.

Thursday, May 23, 2013

Caregiving: The Toughest Job on Earth?

In many states, the number of people 60 and over is expected to double in the coming years. Not only that, those 60-plus-ers will be living longer, too. This means the number of family caregivers they’ll need will double.

I tell my clients that, if they know of a tougher, more demanding, more emotionally-draining – and more thankless – job than being a caregiver, I’d like to hear about it.

As they reach their mid-70’s, nearly half the population will experience physical problems that may result in limited mobility, or limited ability to care for themselves. And they’re going to need help.

In most cases – up to 80% - this help comes from family members, directly or indirectly (paying for it). And it can include anything from assistance with housekeeping, finances, meals, and bathing to dressing, shopping, and transportation.

Caregiving can end up leaving the caregiver a physical and emotional wreck, as well. And it can result in depression, anxiety, loneliness, and illness.

That’s why it’s important for family members to work as a team, and to develop a plan to help out the main caregiver. Without an occasional break, the caregiver herself is in danger of breaking. And family relationships are in danger of unraveling.

To avoid these problems, I always encourage family members to develop a long-term strategy and a list of tasks divided into time, money, and labor categories, so that everyone shares the caregiving responsibility. I also encourage regular family meetings, (by phone if necessary), to discuss their loved one’s condition, or to renegotiate caregiving responsibilities as needed.

If not done right, caregiving can tear a family apart. It’s a tricky minefield. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law – and only Elder Law. And over the past 34 years, we’ve walked thousands of South Florida families through the caregiving process. And we’ve helped prepare them for the Elder Journey, as well, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid or the VA.

We can answer your caregiving questions. And we can walk your family through the Elder Journey.

We’re just a phone call away.

Redefining Aging: Who Says You Have to Stop Being Active?

Watching NBC News the other day, I saw something fascinating. In a Senior Track meet overseas, two men, one from Finland and one from Belgium, were lined up at the starting line in a 100-meter race. The Finnish man was 95, and the Belgian 94.

The Finnish man took off like a shot. But, slowly and steadily, the Belgian man kept catching up. He just nipped the Finn at the finish line (“Finnish” line?).

This proved something I’ve been telling my clients for a while: Even though your body may be aging…that doesn’t mean you have to stop using it!

Several years ago, a 90-year-old ran in the Los Angeles Marathon, and a 101-year-old ran in the London Marathon. In the New York Marathon a few years ago, the toughest competition was said to have been in the 80-90-year-old women’s group. And, just two years ago, Charlie Futrell, 90, became what is believed to be the oldest person to finish a USA Triathlon (running, swimming, biking!) when he crossed the finish line in 2 hours, 18 minutes, 38 seconds during a Central Florida event!

What’s going on here ??? Well, many seniors have decided they’re not going gently into old age. In so doing, they’re redefining the process of aging. They’re showing us that age doesn’t necessarily have to be a barrier to remaining active. And they’re proving that getting old doesn’t mean acting old!

Redefining your own aging process can be tough. But we can help.

At The Law Offices of Alice Reiter Feld & Associates, we’re Elder Law attorneys. We’ve been helping South Florida seniors and their families redefine their aging processes for 34 years. And we’ve been helping them prepare for it, too, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care plans, asset-protection plans, and assistance with Medicaid and the VA.

We can help you redefine your personal aging process…and provide security for yourself and your family. We’re just a phone call away.

What is a Patient Advocate?

Many caregivers of elderly parents feel lost in the maze of our healthcare system.

Trying to negotiate the maze of bureaucracy, medical/legal jargon, governmental agencies, expensive (and sometimes unnecessary!) procedures, and pressed-for-time doctors and nurses is enough to exhaust anyone.

Medicine has seen some positive changes in recent years, among them the technology, medications, and treatment options for various diseases. The doctor-patient relationship, however, has declined. And the main reason is the lack of time spent by the doctor with each patient.

In fact, it’s estimated that one-third of elderly patients don't even know what medications they’re taking…or why.

So what’s a caregiver to do? Well, you can educate yourself. You can go to support groups. You can accompany your loved one to the doctor. Or you can find a Patient Advocate.

“Patient Advocate” can apply to private professional patient advocates, or those who work for the hospital, insurance company, or non-profit organizations. Cost structures, as you might expect, can vary widely.

A private professional patient advocate is hired by the patient (or family) to represent the patient in the healthcare system. It could be a social worker, case manager, medical billing expert, nurse, physician, and even lay people with personal experiences as a caregiver. Costs are not covered by insurance, and can vary widely.

If you can afford it, though, it may be worthwhile. It can help emotionally to know that someone who understands the system is in your corner. It might, conceivably, improve the patient’s health outcome. And it might even save you money in the long run, by preventing unnecessary treatments or tests.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. And we work every day with families who are emotionally drained by trying to navigate the Elder Care Maze. In fact, over the past 34 years, we’ve helped thousands of South Florida families navigate this maze. And we’ve helped them, as well, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help you, too. We’re just a phone call away.

How to Say It to Seniors (Part III)

I tell my clients that disagreements will occur. After all, we’re dealing with emotional family issues here.

But we’re not talking about quicksand. You don’t have to sink inevitably deeper into the morass. And you and your parent{s} don’t have to end up saying things you’ll regret later.

If you’re stuck at a communications impasse, here are a few ways to navigate it…

SPEAK YOUR MIND – BUT DON’T BE OFFENSIVE: If conversations with your parents have become a dialogue of the deaf, tell them you're frustrated. Chances are they feel the same way. Voila - common ground!

LEARN TO LISTEN: It’s a necessary skill anywhere in life…but particularly with elderly parents. Don’t think up answers while they’re speaking – give them the respect of listening. Don’t try to counter their points; this isn’t high school debate. Listen not only to their words, but also to their underlying messages. And try for solutions that work for all of you.

LEARN TO BACK OFF: When you’re getting nowhere, sometimes it’s best to back off. Otherwise, you run the risk of alienating your parents. Keep things in perspective. Don’t make a big deal out of relatively little things.

AVOID RESENTMENT: One of the best ways to do this is to take care of yourself! If you're frequently stressed out and upset as a result of arguments with your parents, make sure you’re not neglecting your own needs. Make time for YOURSELF, and for your friends. If you don't take care of yourself, you won't be able to help your parents.

Learning how to speak with your aging parents is a challenge. But we can help.

At the Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. Over the past 34 years, we’ve helped thousands of South Florida families resolve issues on the Elder Journey. And we’ve helped them achieve financial security, as well, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can help your family resolve Elder Journey issues. And we’re just a phone call away.