There are different types and different levels of long-term care, including:

Home Care. Home care encompasses care from home aides or personal assistants, people who come to your home to help with bathing, dressing and personal needs. They may also do light housekeeping, assist with shopping and do minor errands. Personal assistants and home aides usually are not medically trained and do not cover medical issues. A home health care nurse or attendant with medical training can also be hired to provide basic medical care, such as dispensing medication, checking blood pressure, changing dressings, etc.

Day Programs. Day programs offer meals, activities and social interaction for adults who do not need 24-hour care, but may wish to go on supervised trips to museums, concerts, and shopping, or to get exercise and attend classes. Some day programs also provide transportation to and from the care center and offer some medical services.

Senior Housing. Senior housing may include different configurations of independent rental apartments, with a central hub for meals and socializing, as well as housekeeping and scheduled activities.

Assisted Living. An assisted living facility is more hands-on, with on-premises staff members who oversee bathing and dressing as well as meals, housekeeping and medications.

Nursing Home. A nursing home has 24-hour nursing care. A nursing home may be a long-term residence for an individual who needs full-time care, or may be a shorter duration stay for someone recovering from surgery, an illness or an injury.

What level of care you choose depends on what services you will need, and what services you can afford. Many people erroneously believe that Medicare will cover their long-term care needs, but Medicare is a federal program for people over age 65 as well as for those with certain disabilities, and generally does not pay for long-term care. Medicaid is state-federal program that is designed for people with certain low-income requirements and limited assets. Importantly, Medicaid (Medi-Cal in California) is the only government program that can pay all or a portion of nursing home care.

Unexpected long-term care can deplete even extensive savings and retirement reserves. The most prudent way to prepare for the likelihood that long-term care will be needed in the future is to sign up for long-term care insurance. Just as with health insurance, signing up for a policy and making monthly premiums will ensure that your long-term care will be covered.

If you do not have long-term care insurance and the need for such care has arisen, you need to learn about planning steps you can take to protect your assets and maximize availability of government programs such as Medicaid/Medi-Cal.

It is important to work with an elder law or estate planning attorney at Gilfix & La Poll to ensure that you get safe and affordable care while simultaneously protecting your assets.

Michael Gilfix is an estate planning attorney in Palo Alto California and is one of the pioneers of elder law. To learn more, visit Gilfix & La Poll Associates LLP at http://www.gilfix.com/.

Autism is far more common than we realize, but what many people don’t realize is that most health insurance plans do not provide coverage for this neurological condition. Generally speaking, since each autistic individual is different, autism causes them to have mild to severe problems communicating with others and also struggle with social interactions. In many cases, the most opportune time for intervention is in early childhood and working with a variety of programs that will help them to be able to live a near normal life.

As you might expect, treatment for this disorder runs to the tens of thousands of dollars each year and most parents don’t have access to that kind of money. Sadly, most health insurance plans won’t cover it either. However, there is encouraging news on the horizon, in the form of a bill in the works in Missouri that would require many health insurance carriers to cover autism.

The legislation mandates health insurance plans to cover up to $45,000 annually for applied behavioral analysis therapy (from a licensed provider) for kids under 18. To avoid the possibility of fraud from people posing as therapists, or less than honest therapists wanting to cash in on the insurance wagon, the state is planning on creating a new licensing process. If the bill is signed by the governor, the new rules would roll out on the 1st of January, 2011.

One of the other benefits of this bill is that it includes an annual adjustment of the cap that is tagged to inflation. While it sounds good on first read, those with autistic children do need to know there are some potential catches. Those catches would be that the law would only apply to group health insurance plans regulated by the state; that would mean plans bought through small to mid-sized companies.

For larger corporations, ones who self-insure, this bill would not apply, as they are federally regulated. For any small business that has fewer than 50 workers, an exemption may apply if they prove that the mandate caused their rates to rise over 2.5% the previous year. In a nutshell, there will be various options that include autism coverage for treatment and for diagnosis, but this will not be attached to all of the plans sold in the state.

This is great news that may have many other applications nationwide if the bill proves to be a success and keeps the overall health care budget down, thanks to early intervention allowing those with autism to live a fairly normal life.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

“This is a great honor,” notes Krooks, “and an opportunity to contribute to changes taking place in the field. Baby boomers, parents of children with special needs – such as those with autism – and military veterans have different questions and expectations from previous generations. Estate planning professionals can play an important role in shaping more fulfilling retirements and in providing financial security to loved ones.”

Bernard Krooks has been recognized as one of the “Best Lawyers in America” and as a “New York Super Lawyer.” He is a former president of NAELA (National Academy of Elder Law Attorneys), a former president of the Special Needs Alliance, and a past chair of the Elder Law Section of the New York State Bar Association.

Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, veterans’ benefits, special needs planning, special education advocacy,  and corporate and securities.  The firm’s offices are located at 655 Third Avenue, New York, New York; 399 Knollwood Road, White Plains, New York; and 300 Westage Business Center Drive, Fishkill, New York.

Learn more at http://www.littmankrooks.com.

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The post Bernard A. Krooks Elected President of Estate Planning Council of Westchester County first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2010/07/second-marriages-and-estate-planning/ Tue, 06 Jul 2010 16:11:18 +0000 http://www.seonewswire.net/?p=3981 With the number of divorces continuing to rise in the United States, there has been an increase in second marriages. Second marriages and the blended families that often result from them can pose a number of estate planning issues. This…

Living trusts are one of the best options for same sex couples because they provide the following benefits:

• Living trusts will give one partner the authority to handle the other’s assets in the event that one of them becomes disabled.

• Trusts offer more security than wills because they are harder to challenge, do not require that a notice of proceeding be sent to the closest heirs, offer privacy since they are not part of a public record, and do not cause the delay in accessing funds that wills sometimes do.

• Putting one partner’s name on the other’s assets, or establishing joint tenancy, is not as advantageous as establishing a living trust. With joint tenancy, one partner may be held responsible for the other partner’s debts and liabilities. Also, with joint tenancy a partner would lose control over these assets once the other partner has passed away.

• Under New York law, you can designate in your living trust who you want to be responsible for your funeral arrangements.

Without proper estate planning, GLBT couples can encounter significant problems, as they may be legally precluded from having any role in the decision-making related to a partner’s care, from managing his or her affairs, or even having access to the incapacitated partner. Creating a living trust will allow GLBT couples to provide for the security and future of their partners.

Learn more at http://www.littmankrooks.com.

When you receive an inheritance, you will have to consider the effect this will have on your taxes. Your inheritance may incur liability for property taxes or increase your own estate so that it will be subject to estate taxes. While you are not required to pay income tax on the principal inheritance, you will have to pay income tax on the income generated by the inherited funds. Especially if the inheritance is substantial, you may want to consult an estate planning attorney to discuss the tax implications.

In addition, you may be the nominated guardian of minor children or a nominated trustee responsible for holding assets in trust for their benefit. Also, your inheritance may be held in a trust of which you are the beneficiary; your receipt of the assets is subject to the terms of that trust. These terms can sometimes be confusing and you may need an attorney to help you sort through the technical trust provisions. If you do not get along with the appointed trustee, you may need mediation or even your own estate planning attorney.

Learn more at http://www.littmankrooks.com.

“If you’ve been looking at your home recently and thinking that it’s time to do some updating, the first place to start is usually with the floors,” indicated Dean Dupre who runs Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. There are a lot of new options on the market that didn’t used to be available and the prices are also better, so it’s worth taking a look at what is out there.

If the choices are overwhelming, narrow them down a bit and make a decision between carpet and tile. Carpet has some great benefits such as adding warmth to a room and muffling the noise factor. In many cases, carpeting is used to lay over an uneven floor; call it an augmenting material. Add in the bonus that the choices out there are numerous in terms of color, style and texture, and the world becomes an oyster of possibilities.

Choosing carpet that is patterned and textured, such as multi-looped Berber, gives a certain depth to the floor visually. And thanks to modern technology, many of the rugs today are much softer and more stain resistant than ever. This is a good thing if you have children and animals, since they quite often have “accidents” on the rug and not the tile.

“If you don’t care for trying to keep a carpet clean or pick free thanks to dog and cat claws, then tile would be your better option. Tile has even ‘more’ colors, shapes, sizes and textures than ever and the only limiting factor is your imagination. The most common tile used in homes today is ceramic and it is either unglazed or glazed,” explained Dupre. Be wary about what grade of tile is selected for the home, as only the higher grades such as III and IV glazed ceramic tiles are highly scratch resistant and still withstand a certain amount of moisture.

Remember to wipe up any liquids quickly to avoid staining the grout.
“There you have it. Carpet is less expensive, but higher maintenance. Tiles are more expensive (but not by much) and way easier to keep. In most homes today, the choice is tile simply because of how easy it is to keep clean and beautiful for a longer period of time. Carpets are nice for about the first month, until the novelty wears off and the kids start eating popcorn and coloring in the living room again, or the dog decides to bring up the grass he just ate outside right on the carpet,” Dupre said.

Ultimately the choice of what to have in the home will depend on what a person’s lifestyle happens to be. This is something that may be discussed with an expert contractor who will be able to offer suggestions and options to update the home.

To learn more, visit http://www.champtile.com.

The job of cleaning your tiles is usually the last thing anyone really wants to do on their day off. Funny how it was easy to get the tiles put in, great to admire them and show them off, but – the day came when they had to be cleaned. “The good news is if you do tile cleaning, call it maintenance on a regular basis, it’s a whole lot easier to keep the tiles looking new for longer. And honestly? It doesn’t take that much effort,” insisted Dean Dupre who runs Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company.

Some things to do to keep the floors looking their best are to sweep or even dry mop every couple of days during the week. This doesn’t have to be a marathon event, just a touch up. This keeps abrasive dirt from wearing out the grout and tiles. Spill something? Get it up right away because the grout is porous and soaks up liquids like a sponge.

“Something else you might want to consider is having rugs at entrances to the house and in high traffic areas. The rug will absorb the snow and rain and keep some of the road salt from getting in your house and doing damage to your floors. And, while you might recall your mom telling you to take your shoes off and hated doing it – there is a good reason she said that. Shoes are similar to sandpaper when we have dirt and grit on them. Imagine what that does to floors over time?” said Dupre.

Tiles are really popular in the bathroom and kitchen because of the lift they give to a room. Keep in mind that tiles are also susceptible to mold growth because of the damp conditions. Keep up with the mold and don’t allow it to get a foothold in the tiles. “And one other point to mention here is that if you allow the mold to grow in, on and around the tiles, if you want to sell your house, the mold will be a big issue with the real estate agent. So, do the tile cleaning thing regularly, and you won’t have anything to worry about,” Dupre added.

“If you’re looking at your floor right now and shaking your head because the tile and grout look like they packed it in years ago, don’t waste time trying to clean it. Call a contractor, because there are ways to save grout with special tools and products,” explained Dupre.

If that does have to be done, have the grout sealed. This is a good move to discourage staining and any further water damage. Choose just about any color that would work in the house to give it a new look and update the room without paying out big bucks.

To learn more, visit  http://www.champtile.com.

No, we’re not talking about food, even though you may be forgiven for thinking that since we’re talking about back buttering – something often done with bread and butter to mop up stew from your plate. In this instance, we’re referring to tiling on a mortar bed and you find out that the tile sunk below where it’s supposed to go.

If this happens, you need to remove the tile completely and back butter. Slide something under that errant tile, generally something with a flat head, and gently apply leverage from one edge and take the tile right out from the mortar bed. Start gently in case the tile decides to just pop up. While that is rare, it can happen. In most instances, you’ll be prying up the tile to loud sounds of sucking, wet mortar. This is good. If you don’t get a sound when it comes up, something is wrong with the mortar mix, as in the consistency isn’t right or the tile wasn’t forced down hard enough.

To avoid finding out later the mortar isn’t quite right, check it first before you put it down. Here is another time saving tip as well. If you haven’t done something like this before, do a trail dry run first. It may save you a lot of grief later.

Once you have the sunken tile out, check the mortar. Is it spread out evenly? No? Then your consistency is way too dry. Sure you can add some water to thicken it up, but it’s actually better if you make a new batch and get rid of the dip in the floor. If you don’t want to do that, you can do a patch repair by sticking more mortar over the dry area under the tile and spread it out properly. Remember to do the furrows in the mortar in the same direction as the ones you already did. This is called back buttering and it gives proper adhesion and fills out those floor dips.

Also remember to put that pried up tile back down in the same direction and position it was in the first place. When you put it back in, gently pressure it with your fingertips, adding in a small twisting motion, and make sure the tile is well settled. If all goes well and you did it right, the other tiles won’t get bumped out of line and the one you just fixed will look great.

Dean Dupre is with Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. To learn more, visit Champtile.com.

Everyone likely knows they can tile their floors, but did you know you can also have your baseboards tiled? Having baseboards that are exclusively tiles and not the usual boring wood or plastic material of some kind can make a real difference. This is one of the latest trends you might want to try in order to liven up your living space and a really creative way to add some character to your rooms.

You’ll like this easy little detail as well; you just have to glue the tile baseboards on to the foot of the wall. In other words, no hammering, varnishing or painting and what a wonderful time saver that actually makes your rooms look very “pulled together.” Add in the fact that often tile baseboards are less expensive, and you are well on your way to a snazzy new look, for a reasonable price.

Is it hard to match tile for tile baseboards? No, actually it’s not. Just use the same tiles you used on your floor and buy a few extra to do the perimeter of your walls. What’s nice about this is that you can likely use one tile and cut it three ways to make up the tiles for your baseboard. This depends on the size of the tile though, so know what it is before you start cutting and remember to properly measure your baseboard height to do the math. Most baseboards are about 4 inches tall.

Planning on using ceramic tile? Good choice, as it’s a bit easier to work with and you only have to use a ceramic tile breaker. If you want to do it another way, the other good choice is an electric wet tile saw. Just remember that using this saw takes more time to prepare the cuts and it winds up giving you uneven widths. Honestly? Stick with the ceramic tiles if you plan to do it yourself, and if not, then your tiling contractor can fiddle with the wet saw.

Don’t know how much extra to get in terms of tiles for the baseboards? If you’re using the same style of floor, all you have to do is count the number of tiles you have on each wall, add it up and divide by three to get the number you need. And one other thing? When you put the tile on the baseboards, keep the grout line in the floor in line with the grout line on the baseboard. It’s that or your floor and baseboards look really weird.

The best thing for sticking the tile on is usually a multi-purpose construction adhesive. It’s not that expensive, in fact it’s usually less than six bucks and sticks instantly, and we mean “instantly,” so handle with care and keep you animals and kids away from it. Just ask at the hardware store what would work well.

Dean Dupre is with Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. To learn more, visit Champtile.com.

Every year, more than $10 billion in Social Security benefits go unclaimed. Asserts attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, “This is primarily because married couples do not know how to optimize their social security benefits.”

Much of this unclaimed bonanza does consist of spousal benefits that most people don’t even know they’re entitled to receive. “These benefits can increase your income and solve the riddle of whether it’s more advantageous to get immediate monthly income at age 62 or wait until you’re age 66 and get a bigger check – maybe significantly bigger,” Osofsky says.

If you do wait until age 66, which the U.S. government considers full retirement age, for people born between 1943 and 1954 the monthly benefit will be one-third greater than if you take it at age 62. If you wait until age 70, the check will be 76 percent larger. The longer you live, the more it will matter, and chances are, you’ll live a long time. The typical 65-year-old can expect approximately an additional twenty years of life. Within that pertinent group of 65-year-old elders, 41 percent of women and 28 percent of men will live to age 90 – and half of those women will make it to age 95, as will one-third of the men.

Spousal benefits offer a way around the potential conundrum. “If you’re married – or if you’re divorced after ten years of marriage and haven’t remarried, you can claim a benefit not only on your own work record, but also on your spouse’s,” explains Osofsky. No, you can’t collect those benefits simultaneously. But you might be able to get them consecutively. “You can file first to get a spousal benefit, and then later to get your own benefit after it has grown as large as possible. It just has to be done in the right order,” Osofsky says.

Being astute about these spousal benefits and how they work, can result in increased social security income for a married couple. “You may be able to increase your household income substantially over time,” Osofsky concludes, “You just have to be smart about it.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Attorney Diane Fener, based in Virginia Beach, Virginia, has family duties when she travels to New England to visit her parents. Her mother lives in the dementia unit of an assisted living facility in Rhode Island. She then meets with her father at his apartment about a half-hour drive away in Massachusetts. Her father’s second wife, Ms. Fener’s stepmother, lives nearby in a nursing home and she too, has dementia. She last visits her stepfather – the man who was her mother’s second husband for more than two decades.

“I’m sure that Ms. Fener doesn’t get to spend as much time as she might like with each of her parents,” says attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, “but her situation is typical of many blended families today.”

During the 1970s, there was a spike in U.S. divorce rates. In the aftermath of that spike, states liberalized their divorce laws and working women became less inclined to remain in unsatisfying marriages, the cultural stigma of divorced lessened, and grown children of these broken marriages are dealing with the unintended consequences. “A new layer of complexity has been added to an already complex and emotional situation, especially for caregivers,” Osofsky explains.

In fact, the added stresses of divorce, family upheaval, and tighter finances can be so detrimental to your health that the effects can linger for years into the future. Because Osofsky & Osofsky is frequently engaged to help divorced or remarrying couples update their estate plans to protect their newly blended families, Ms. Fener’s plight struck an empathetic chord with Osofsky. “Divorce can have poignant and practical effects 20 or 30 years down the road,” he explains, “not just on the couple but also on their grown children now acting as caregivers.”

Adult children of aging parents can find themselves caring, not only for mom and dad, but also for stepmom, stepdad, and sometimes even extra sets of stepparents from an additional or current marriage. “Dividing time and often finances between so many parents with new and special needs can quickly take its toll,” Osofsky concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Joseph P. Kennedy, the patriarch of the Kennedy Family, left behind a labyrinth of blind trusts to manage the millions he had earned from scratch. He put his wealth into trusts with a long-term strategy in mind, to manage the family’s holdings for several generations of Kennedys. These blind trusts are run by financial experts whose goals are to invest conservatively and maintain the principal. Small amounts of profit are doled out to members of the Kennedy family annually. This network of blind trusts has maintained their overall wealth during the recent recession and in some instances they have flourished, even though the family can at times be hard pressed for ready cash.

In 2006, the recently-deceased Ted Kennedy could count as holdings five distinct family trust funds worth a minimum of $45 million to possibly as much as $150 million. Kennedy estimated that the family’s multiple trusts distributed $500,000 to $5 million in annual income. Before 2006, Senator Kennedy’s filings listed assets at less than $20 million. As only the family’s financial advisors were privy to details about the primarily blind trusts, it’s difficult to determine what made them double in value during the course of a single year. One thing for certain: Edward M. Kennedy passed away near the peak of his family’s net worth.
Trust instruments possess a unique nature. The Kennedy Trusts are excellent examples of how comprehensive and versatile trusts can be. First established as a single trust in 1926 by Joseph P. Kennedy, the Kennedy patriarch followed with successive trusts in 1936 and 1949. Each was “entrusted” with its own purpose; for instance, the 1926 trust was intended for Rose and their children, and the 1949 instrument was intended for his grandchildren. Each trust was established as a blind trust, in that it acted independently from any other trust.

The Kennedy trusts had staying power and were built to last, with each ensuing trustee active in providing for the beneficiaries while simultaneously protecting the principal for future generations. It was sad and tragic that Ted Kennedy has been taken from us as Americans. His stature as a voice in the U.S. Senate is beyond dispute. But the Kennedy trusts are a legacy for all of us, an excellent example of how trusts can be designed to protect and build even a relatively modest estate.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Mr. Obama is at heart a cautious man. During his 2008 campaign, he pledged to raise income tax rates for top earners, but has since reneged, as advisors have told him that such an elimination of high income “tax cuts” as Republicans like to call them – would have an adverse effect on a chronically ailing economy during a deep recession.

Despite the “Death Tax Repeal” movement’s best efforts, it looks like the estate tax is here to stay.
Democrats seem determined to act with deliberate speed to prevent the estate tax’s scheduled repeal. A prior levy on large inheritances was first approved by Congress under President George W. Bush in 2001. Rollbacks were phased in, albeit slowly, with a full elimination in place for next year.

The Senate Finance Committee is expected to propose legislation to reverse the scheduled elimination in lockstep with a likely announcement of the Obama Administration’s detailed estate tax preservation proposal in his October 2009 budget. This anticipated “swift action” by Democrats was associated with a rationale that it would be politically more difficult to initiate their plan to resuscitate the estate tax once it was gone.

Under the Obama plan detailed during the campaign, the estate tax would be locked in permanently at the rate and exemption levels that became law in 2009. Estates of up to $3.5 million (twice that for couples) would be exempt from any taxation. The value of estates above that would be taxed at 45%. If the tax were restored to Clinton-era levels, the first $1 million would be excluded from being taxed and the remainder taxed at 55%.

Nearly a year has gone by since candidate Obama’s campaign promises were initially voiced regarding the estate tax. But despite the procrastination of our elected leaders, a version of the estate tax will likely be still in place next year, although the sort of permanency that estate planners might have wished for may remain elusive. So despite the fact that uncertainties exist and are likely to linger, it’s not the time to “sit on the fence” when planning your estate. Contact your elder law attorney or estate planner at your earliest opportunity to review your personal situation.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Creating an accounting for the deceased’s assets and liabilities

Giving notice to potential creditors

Settling outstanding debts

Making distributions for estate taxes, if applicable

Making fiduciary income tax return

Making distributions to named beneficiaries

Filing a final accounting with the court to close the probate process

Included with these responsibilities is the duty to keep the estate viable during the probate process. This may include paying the mortgage on a house or even making car payments. Probate can often be a lengthy process, which is why you can petition the court to release short term funding for these purposes while probate continues.

“If you’re thinking that this sounds like no easy job, you’re absolutely right,” says Osofsky. It is an endeavor that should never be undertaken lightly. Executors are generally entitled to compensation from the deceased’s estate, but most immediate family members decline this option. “One good bit of news from this,” explains Osofsky, “is that you are not financially responsible for any debts the deceased may have accumulated.” To emphasize, all debts, taxes, legal fees, and administrative costs should be paid from the estate of the deceased, not from your own pocket. If you have advanced any such costs, you are usually entitled to claim a refund from the estate.

But the responsibilities of an executor can often be accomplished more efficiently with the help of a knowledgeable Elder Law attorney, such as Gene L. Osofsky of the law firm Osofsky & Osofsky. “We receive requests from clients to assist them in handling their responsibilities as an executor, especially when the executor is overwhelmed with grief and not accustomed to some of the required duties,” Osofsky explains, “If you find yourself in this situation, seek out an attorney knowledgeable in this process.” It will ease your burden, give you peace of mind, and may prevent needless family squabbles.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Specifically, Medi-Cal funding to skilled nursing facilities has been penciled in at $96.4 million in the Governor’s budget, but a raft of caveats have been included in the budget as a whole. “There will be a reduction of $60.5 million in Medi-Cal county administration, and also a reduction of $47.9 million in the funding for private hospitals,” Osofsky says, “as well as limiting services to a maximum of three days per weeks – at a savings of $28.1 million – for adult day health care.”

These austerity measures are likely to adversely affect many Californians who may be Elders both directly and indirectly, depending upon their circumstances. “A few years from now, the ripples from these recession-beating budgetary maneuvers may prove more far-reaching than anyone first anticipated,” Osofsky concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

The debate about health care reform, especially as it pertains to end-of-life issues, is becoming increasingly contentious in so-called “town hall” meetings across America. Various political luminaries such as former Vice-Presidential candidate and resigned Alaska governor Sarah Palin have been saying some things bristling with emotionally charged phrases. Palin released the following statement on her FaceBook page:

“The America I know and love is not one in which my parents or my baby with Down’s syndrome will have to stand in front of Obama’s ‘death panel’ so his bureaucrats can decide based on a subjective judgment of their ‘level of productivity in society’ whether they are worthy of health care,” Palin says, “Such a system is downright evil.” Palin continued, “Health care by definition involves life and death decisions. Human rights and human dignity must be at the center of any health care discussion.” Palin claimed that the Orwellian Obama plan would surreptitiously herd elder Americans into euthanasia and assisted suicide via rationing of medical treatment.

But does President Obama’s health care reform initiative really do what she claims? In fact, the plan, although controversial, encourages potentially productive doctor-patient conversations concerning end-of-life issues which may indeed be relevant to most anyone. The proposal’s language was designed to encourage doctor-patient conversations, but it was taken out of context and distorted beyond recognition for political advantage. In fact, a Living Will is good for individuals, and good for the country. It gives people essential choices about how they choose to end their days. It puts Americans in control of their destiny. Most attorneys already discuss these issues with their clients when preparing estate plans. Doctors often have these discussions now with their patients. The proposed health care reform bill will now enable the doctor to be paid for spending the time to help patients think through these important decisions. When the President’s mere mention of living wills used as a fear tactic to senselessly frighten our elders , the tactic is not only dangerously disingenuous, but may actually cause real harm. It may discourage essential conversations between doctor and patient. Proactive Elder Law attorneys continue to encourage their clients to create a Living Will or an Advance Health Care Directive – before it’s too late. Under the plan, doctors and their patients will now be encouraged to have this conversation, as well.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

A Last Will and Testament is a legal declaration by which a person names one or more people to manage their estate and provides for the transfer of property upon death.

Death is inevitable. But a careful choice in selecting an executor is seldom a given, especially where property and money are involved. During life, families may seem to get along fine, but the mixture of the death of a loved one, considerable property to be disbursed, and an executor who seems unfair or biased — can be a recipe for conflict. The living, prior to their passing, don’t always write out their wishes in clear and concise ways. If there is uncertainty in a family about what might occur upon the death of a patriarch or matriarch, for instance, the atmosphere following death can become an emotional war zone.

Family dynamics can disintegrate into shouting and resentment. Such family “fireworks” have little to do with the 4th of July, and can have long-lasting impact upon family relationships. Seemingly devoted family members fighting like wolverines don’t require an alumni card from the University of Michigan.
Unresolved disputes can result in a will contest. That contest can take on a life of its own, with potentially grim consequences for family harmony. Emotion often outshines logic in these contests. Where disputes occur, the litigation process can stretch out seemingly forever and become very expensive. For this reason, when preparing your Last Will, serious thought should be given to the selection of the best person to serve as one’s executor.

The best executor is one that approaches his or her duties professionally, with tact, with due regard for family dynamics, and with professional guidance from a knowledgeable attorney. If a will contest nevertheless does occur, at least it should then be grounded in a semblance of law and fair play. For this reason, it is important to choose the best person to serve. If you or someone you love is named as an executor, it is imperative that you engage a knowledgeable attorney early on in the probate process in order to help manage the proceedings, mediate expectations, lend assistance and guidance to the executor, and hopefully minimize family friction. By doing so, you just might preserve the very loving family of which the deceased was so fond.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Some people are accident prone. It’s often a matter of luck, being in the wrong place at the wrong time. Sometimes what seems to be an accident isn’t really one; it could have been prevented by better planning or care. But sometimes an accident is just that, unavoidable. “Who hasn’t had a computer crash without warning, or a pipe break in their basement, flooding it?” asks Attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, who specializes in Elder Law. Events don’t always go right, and sometimes an important paper or a document can be accidentally misplaced and lost with the passage of time. “I’ve misplaced things,” Osofsky admits.

This can even happen with crucial estate planning documents, most significantly after they are executed. “My clients have been known to misplace things too,” says Osofsky.

To prevent such avoidable mishaps, Osofsky offers some advice.

“You should always make copies,” he says, “and these should be kept separate from your signed originals. Photocopies should be made and placed where they can easily be found by your agents. A closet in your office or a bookshelf in your library can be ideal for storing photocopies.”

Original documents should be placed somewhere safe from easy theft and in a place that’s less susceptible to natural disasters, such as fires or floods. “A home fire-safe can be an excellent investment,” Osofsky says, “I also like safe-deposit boxes, although the box should be in the name of the established trust rather than your own.” Agents and fiduciaries should have extra copies of essential documents “just in case.” Adds Osofsky, “Don’t forget your Advance Healthcare Directive and your HIPAA Privacy Authorization.” Your nominated guardians should have the original document allowing them “to make health care decisions for your minor child should you become unavailable,” he concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Attorney Gene L. Osofsky, of the law firm Osofsky & Osofsky, was as much taken aback as the rest of us by the sudden and premature death of pop music superstar and cultural icon Michael Jackson at the age of 50. Unlike many middle-aged “baby-boomers,” Jackson did have a will drawn up, and it was even made public. The document aroused Osofsky’s curiosity. Like millions of Americans, the attorney specializing in Elder Law was somewhat familiar with the publicized particulars of Jackson’s turbulent life, and the release of a will was not entirely unexpected by Osofsky. “There was considerable media speculation about Michael Jackson and his will, and it seemed logical that he’d created one.” The will was five pages long, and shifted Jackson’s entire estate into an instrument called the Michael Jackson Family Trust. Still, it revealed little about Jackson Estate specifics or instructions about how his estate would be handled.

Jackson’s will wasn’t exempt from the law. Although a will can remain private while a person is alive, it becomes a matter of public record once it is submitted to the probate courts after a person dies. But a trust is usually a private document, and in most cases remains private. In Jackson’s case, the financial details are presumably all in the trust. There was a detail on page 4 of the five-page document that did catch the attorney’s eye. In paragraph 8 of his will, on page 4, just above his signature, Jackson states, “If any of my children are minors at the time of my death, I nominate my mother KATHERINE JACKSON, as guardian of the persons and estates of such minor children. If KATHERINE JACKSON fails to survive me, or is unable or unwilling to act as guardian, I nominate DIANA ROSS as guardian of the persons and estates of such minor children.”

Asserts Osofsky, “Whatever odd or inexplicable things Jackson may have done during his life, he seems to have taken steps to provide for his children’s care, financial needs and privacy after his death. That’s more than I can say for a lot of people.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

You’re checking your email. A message from someone you don’t know has arrived. They’re begging for your help. The situation might seem contrived or even preposterous, but you are tempted. You can’t help reading it. Your experience in growing up during the Great Depression has instilled a spirit of always wanting to help someone in need, and this message is even better: If you do help this person, providing information about yourself or your finances, sending some money, the writer promises that you will be rewarded many times over. You fall for it. Perhaps you succumb more than once.

Sometimes a postal mail, email, or telemarketing call identifies you as a lottery or contest winner. It doesn’t matter that you never entered; this fact is clouded by the fact you’ve won. Why would someone tell you that you’ve won something when you haven’t?

Because, as is too often the case — you’ve been scammed, that’s why. Less sophisticated online than many younger people, and vulnerable also to cheats in the “snail” mail, American elders are often victimized by fraudulent scam artists eager to separate them from their money. Duped elders have lost assets acquired over a lifetime – sometimes losing tens or hundreds of thousands of dollars.

With the Internet’s global reach, African countries like Nigeria and Sierra Leone have emerged as “scam industry centers.” Elderly victims tend to fit a profile. They often live alone, may have recently lost a loved one, or may be experiencing the early signs of diminished capacity. Besides routine crime prevention steps that can be taken to protect a loved one, an attorney specializing in Elder Law can establish some protection from con artists by building effective language into trusts and estate plans. In extreme situations, a trusted family member can be given power of attorney over bank accounts and financial matters. But being scammed can be painful for young and old alike.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Ken Ziel came to the nuts and bolts of compassionate care the hard way. When his son Austin was born in 1990 with multiple disabilities, he was fearful that his son would not be approached with the same level of skill, compassion, and love that he and his wife could provide. Among other things, Ziel learned that without individualized instructions or personalized care guides, the very act of providing care could prove problematic.

Enter the system Ziel invented, Caregiver360®. An easy to use interactive Web service that assists in creating a safe and secure Personal Care Guide, it can serve as a comprehensive database of intimate experience, knowledge, and specific needs of your loved one. Besides providing immediate access to this personalized care guide, this Web-based service (economically priced at < $10.00 per month) makes available ample caregiving resources through a searchable online library. Testimonials on Ziel’s website address a potpourri of circumstances where hiring at-home caregivers and complementing their efforts with Caregiver360® might prove practical – children with chronic illness, adults with developmental disabilities, compassionate Alzheimer’s care, assorted elder issues, and persons suffering traumatic injuries such as brain stem encephalitis.

When you’re faced with a loved one in need of 24-7 at-home care, just getting away for an afternoon or evening can be a hurdle. It can be an even greater challenge to plan care for your loved one’s future if you were to become incapacitated or pass away. Locating and hiring a caregiver qualified and skilled enough to address your loved one’s needs is difficult enough. But that carefully selected caregiver will need detailed lists of instructions so that all your best intentions concerning your loved one’s needs are addressed, including a litany of “what ifs?” Caregiver360® can keep a record of all details, regimens, and instructions including prescriptions and medications, and update and communicate that information as circumstances change. To have this comprehensive record linked to the latest research, resources, and best-practice recommendations at the click of a mouse can be a comforting resource.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

You thought you were clever when you created an estate plan in the mid-1990s, and you were, for the time being. But now your estate plan documents are contained in a bank’s safety deposit box, gathering dust until they’re needed. Nothing has changed since 1994, right? Right, if you inhabit a vacuum and your family has not grown or changed in any way, and if suspended animation has become your form of existence. According to Gene L. Osofsky, such an existence is more likely in the genres of fantasy and science fiction, but seldom in real life. “If you are living as most people do, changes occur whether you want them or not. There are several reasons to update your estate plan – even if it seemed perfectly fine at one time.”

The passage of time: “This is actually the most common reason people update their estate plans,” Osofsky explains, “You are entitled to change your mind if a more sensible idea comes to mind. If you named your parents as trustees when your children were minors, you might wish to name your now 37-year-old son instead, especially if that much time has elapsed. No disrespect intended to your mom and dad, bless their souls, but now they’re in their early 90s! In addition, certain documents should be re-executed to avoid being perceived as stale.”

The birth or death of a beneficiary or fiduciary: “If you have new children or grandchildren, or a parent or sibling has passed on, it’s time to update,” Osofsky says.

Your own marriage or divorce, or the marriage or divorce of one of your beneficiaries: Says Osofsky, “It’s time.”

Moving to a new state: “Tax, health care, and estate planning laws vary from state to state. If you don’t take this into account, you or your descendants might be in for some rude surprises,” Osofsky insists.

A significant change in your financial status, or in the status of your business: “Your estate plan reflects the size and nature of your assets when you created your original documents. Different strategies might be more effective as the configuration of your estate changes,” says Osofsky.

Changes in tax law: “Back in the 1990s, A-B trust splits were in common use on the first death in order to minimize estate tax. With increasing exemptions, those trust splits may no longer be necessary for the estates of most couples,” Osofsky asserts.

But if none of the above has happened to you, you may be one of the few for whom updating your estate plan is no longer necessary because your procrastination has entered the realm of suspended animation.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

There are advantages and disadvantages to establishing a so-called “kid’s trust.” Gene L. Osofsky, of the Law Firm Osofsky & Osofsky, is a great person to help you figure out the pros and cons. Advises Osofsky, “It may be worthwhile to prepare a trust for a minor child even if you believe your estate is relatively small and your significant assets are few.” Often, just being the beneficiary on an insurance policy may warrant a trust for a child. According to some experts, every parent should consider a trust for their non-adult child, or children.

It’s often overlooked that children who are minors cannot legally inherit large sums of money directly or as indirect tangibles such as a vehicle or proceeds of an insurance policy. If a parent dies and attempts to leave a large sum directly to a child not yet of age, the court will intervene and appoint a guardian to manage the inheritance for the minor child. “This guardian may not be the trusted friend or relative whom you might have preferred,” Osofsky says, “But if you engage an attorney during your lifetime to help you establish a trust; your child may be spared from having to grow up with an additional layer of bureaucracy impeding them as they mature into adulthood. Without a court-appointed guardianship to worry about, in effect you gain control over how your gift of money is controlled and spent – even if you are no longer physically around.”

According to Osofsky, other benefits of creating a trust for your minor child may also come into play. “Your trust may make arrangements to pay for said child’s education, delay the age when your child has outright access to the money, or even reduce applicable taxes,” he explains. But choosing the appropriate trustee is also crucial. “You need someone reliable, detail-oriented, and great at handling money,” Osofsky says. If that combination seems daunting, perhaps consulting with a specialist in Elder Law matters (like Osofsky) may help you decide.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

When you or a loved one are forced by age or circumstance to move from “sweet home” into “sweet nursing facility, ” it can be a most agonizing decision. But there may be ways to make those decisions seem less daunting.

It is understandable for a family to experience a degree of apprehension when the comforts and familiar nuances of home are exchanged for the unknown, where your loved one is suddenly dependent upon others for their daily needs after a lifetime of relative independence. The most well-meaning nursing home staff is, when you get right down to it, comprised of strangers. Imagine how you would feel suddenly placed in a nursing home full of strangers especially if your next generation of friends and family are living too far away to easily visit. This predicament is a reality faced by many elders.

To ease the transition, and to monitor an elder’s care as they’re placed in a nursing facility, an attractive option for many families is hiring a Geriatric Care Manager. So-called GCMs can be a valued resource for elders and their families – an insider who knows the ins and outs of the system and can navigate effectively, matching the best care and services to each individual’s situation. But some families are asking their GCMs to stay in the picture even after gramp-pa is settled and acclimated to the nursing home, so that he continues to receive the best possible care. GCMs sometimes recommend the hiring of professional caregivers to check in with your loved one periodically, perhaps weekly or even daily, as required.

An excellent resource for finding a Geriatric Care Manager in your area is the National Association of Professional Geriatric Care Managers, which can be Googled. If the time is fast approaching but it’s not here yet, a call to your resourceful Elder Law attorney might be in order. Ask him to include a mention of the GCM preference in your estate planning documents or other relevant instructions.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Recently a friend of mine was hospitalized for a gallbladder procedure. Going to visit her to lift her spirits sounded like a good idea initially, but when I somehow ran afoul of the hospital’s stringent regulations regarding visitors, my best laid plans went awry. After several attempts, I gave up. My grievous error was mentioning her by name to the “wrong” nurse, and in so doing I’d violated my friend’s privacy. The hospital perceived me as a threat, simply because I have a rather loud voice. Later when my friend wondered why I hadn’t gone to visit her, I explained, but my excuse seemed inadequate to say the least.

If you or someone you care about has been hospitalized recently, you’ve discovered that strict rules regarding patient privacy exist at most hospitals. Sometimes bordering on the Kafka-esque, these arbitrary regulations can seem like bureaucracy run amok, and in worst case scenarios, can shut out patients from visitors entirely. Hospital staffers are prohibited from dispensing information about patients to extended family members and friends, if not also to closer relations who may not possess proper identification. A frustrating trap of “Catch-22” can dramatically increase anxiety levels as information about people you care about is kept “confidential,” sometimes for no apparent logical reason except for the hospital’s self-centered liability concerns based upon strict laws regarding privacy.

Getting around strict privacy laws, however, is a doable proposition if you enlist the aid of an Elder Law attorney. A reputable Elder Law firm can suggest options that work and are perfectly legal. A comprehensive Health Care Directive and a signed HIPAA Authorization might be considered admission tickets to visiting your loved one or else a viable way to ensure cooperation of hospital staffers when you need it most. But creating these documents must be accomplished with planning and a bit of finesse, a fait accompli prior to you or your loved one ending up in a hospital.

An estate plan created by an Elder Law attorney would likely include not only financial documents, but also the precise documents needed to honor your wishes pertaining to medical care. If you wait until the hospitalization is upon you, however, your procrastination can leave you at the mercy of hospital staffers who may be sticklers for adhering to the letter of the rules regarding privacy.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

In elementary, middle and high school, districts are required to provide a free appropriate public education (FAPE) to each child with a disability within their district. The school must identify the needs of each student with a disability and provide appropriate learning and educational tools to those individuals.

Colleges and other post-secondary institutions such as trade schools are not required to identify the needs of their students. They may not legally discriminate against a student with disabilities and must make appropriate academic adjustments in order to avoid discrimination. They are also required to provide housing that is comparable to that provided to all other students. However, they are not required to work proactively to address a student’s needs.

One of the most important rights afforded to students that wish to pursue higher education is that no student may be denied admission because of a disability. As long as a student meets the school’s essential requirements for admission, a disability cannot be cause for denial of admission.

If a student believes that they may need their college to make certain arrangements to meet their needs, then they have the right to request an academic adjustment. Academic adjustments include things like priority registration, reducing a course load, providing note takers or sign language interpreters, providing extended time for testing and equipping school computers with screen-reading.

Each college should have reasonable procedures for applying for an academic adjustment. It is important to inquire about the application process and submit your request as soon as possible. Since post-secondary institutions are not required to identify a disability, students and their parents must take care to ensure the appropriate steps are taken. Schools may not charge for this application process.

If a student believes that he or she is facing discrimination at college, there are several ways to address the issue. Colleges are required to provide a staff member who coordinates the school’s compliance with the law. This coordinator should be available to students who wish to have their concerns addressed.

Colleges must also have a procedure for a student who believes they are being discriminated against to file a grievance. As a last resort, if the student is not satisfied with the outcome of the grievance process, they may file a complaint against the school with the Office of Civil Rights or through the courts.

Pursuing a college education can be both exciting and frightening. Students who face the challenge armed with knowledge of their rights will have the tools they need to help them succeed in their pursuit of higher education.

To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.

The new law affects both the content and execution of the Power of Attorney form. Some of the major changes include:

• The agent must sign and date the Power of Attorney and that signature must be acknowledged by both the principal and the agent.

• A “prudent person standard of care” is provided that has statutorily defined responsibilities. Responsibilities include record keeping (with receipts) and a requirement for the agent to make records available within 15 days of a written request by a monitor, co-agent, certain governmental entities, a court evaluator, a guardian, or a representative of the principal’s estate.

• In order for the agent to have the authority to make gifts, the principal must initial a provision granting gift-making authority plus the execution of a “statutory major gifts rider” which must be acknowledged and have two witnesses.

According to Mr. Krooks, the program is a must for all estate planning practitioners. The new law will go into effect on September 1, 2009.

The program begins at 8:30 am. on March 31. A brown bag breakfast will also be served at Marcum & Kleigman offices in New York, located at 655 Third Avenue, 16th floor.

Bernard A. Krooks is a founding partner of the law firm Littman Krooks LLP with offices in New York City, White Plains and Fishkill. Mr. Krooks is President of the Special Needs Alliance (SNA), a national network of attorneys dedicated to assisting families with special needs planning. Mr. Krooks is past Chair of the Elder Law Section of the NYSBA, Chair of its Legal Education Committee, and past Editor-in-Chief of the Elder Law Attorney, the newsletter of the NYSBA Elder Law Section.

To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.

As a child with special needs approaches the age of 18, a variety of circumstances change. Programs that are available to help with the care of minors may no longer be available for adults. Leaving the public school system and pursuing a post-secondary education brings with it a new set of responsibilities. Eligibility for public financial benefits is subject to strict rules. Health care decisions are not automatically left to parents or guardians.

Financial planning for a child with special needs is the first step in providing a solid base of lifetime support. Once the child turns 18, his or her income will be used to determine eligibility for public benefits like Supplemental Security Income (SSI) and Disability. Earning too much because of contributions from parents will cause the loss of public benefits. This can be avoided through a Supplementary Needs Trust. Funds paid into the Trust will not be counted as income and therefore will not affect eligibility for benefits. However, the funds from a Supplementary Needs Trust can only be spent in certain ways. Planning for lifetime care must include instructions as to how the funds in the Trust are to be distributed and who will manage the trust.

Transitioning to adulthood also requires the use of more decision making skills. Parents of a child with special needs are used to making decisions for their child. As a child approaches adulthood, parents should make a determination about whether or not he or she will be capable of making appropriate decisions. In some cases, parents may need to petition for guardianship so that they can continue making important decisions. In these cases, parents will also need to appoint successor guardians to care for the child when they are not longer able.

Alternatives to guardianship do exist and may be a better option depending on the individual. The child turning 18, if he or she understands, can execute a durable power of attorney and create a healthcare proxy. This will provide for an agent to handle financial decisions and an agent to handle healthcare issues without the hassle of applying for guardianship.

Some children with special needs may wish to continue with education beyond high school. It is important for these students and their parents to understand their rights at a post-secondary institution and know how those rights differ from the rights they had in high school. Post-secondary institutions may not discriminate against students with disabilities, but they are not required to identify the special needs of their students as public schools are.

If a student believes that they may need a college to make arrangements to meet their needs, then they will need to request an academic adjustment. Academic adjustments include things like priority registration, reducing a course load, providing note takers or sign language interpreters, providing extended time for testing and equipping school computers with screen-reading. It is the responsibility of the student to request such an adjustment.

Another important consideration for parents of a maturing special needs child is housing. At some point, living at home will no longer be an option. Families will need to do significant research into their options. Will the child be able to live alone? Or will he or she require a group home or some other form of supportive housing? This should be decided well in advance so that it is not an issue during the stress of a parent’s illness or death.

Growing up and moving into adulthood is difficult for any adolescent, and even more so for a child with special needs. However, appropriate planning can help make the transition go more smoothly for the whole family.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.

Failure to make plans for online accounts or to leave behind a comprehensive list of passwords can cause unexpected hassle. Online banking accounts need to be secured and closed. Family members may want access to accounts in order to download and save any photos, writings or other digital works for posterity. In addition, family members may be able to take advantage of digital assets capable of generating revenue by having their Creative Commons licenses changed so beneficiaries can receive compensation. Most terms of use expressly forbid the use of an account by anyone other than the account holder, and attempting to address these issues without proper instructions can be difficult.

Since digital asset planning is new, the law is not always clear on the rights of online account holders and their family members. The question, which few existing laws address, is, who owns the content? And who has the right to access and close the accounts? Service providers like Facebook, Google and Twitter each reserve the right to close accounts at any time, and they are all wary of providing family members access to accounts.

Facebook, for example, expressly prohibits giving user information to family members, saying only that they will “consider” requests from close family members to close the account. Gmail, Google’s email service, will open an account to family members, but only after a copy of a death certificate, a Power of Attorney document and an e-mail sent from the deceased’s account are provided.

Estate planning attorneys and technology developers are beginning to look at digital assets like any other assets that can be bequeathed to a beneficiary after death. Companies like Legacy Locker offer the ability to safely store things like PC logins, domains and passwords to online accounts. Once the information is stored, a “beneficiary” is designated for each password and account. Beneficiaries then receive the information that has been bequeathed to them with instructions as to how it should be used after the account holder’s death.

It is increasingly difficult to make it through life without leaving an online trail of emails, accounts and passwords. These assets need to be addressed in an estate plan in order to protect your privacy and the privacy of your family, friends and business associates. Gathering information about accounts and passwords and indicating what should be done with them upon your death will ease the burden on family members and protect important online assets.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.

Elder Law attorney Gene L. Osofsky, like many Americans, recently read a feature article in the April 27, 2009, issue of The Nation that gave him pause. The article, entitled “A System from Hell” by Kate Michelman, detailed the tragedy of a family that, despite possessing adequate insurance coverage, has nevertheless been pushed to the brink of destruction.” Her young adult daughter was paralyzed when a horse fell on her; her husband, who had been diagnosed with Parkinson’s Disease, was then crippled and lost any hope of independence in the twilight of his life, after shattering his hip; and now the mounting medical bills keep on exacting a terrible toll – all this happens to a responsible couple who had seemingly prepared for health-related contingencies. How could this happen in America?” Osofsky asks. Michelman’s husband was placed in assisted living after surgeries and hospitalizations for his fractured hip. Ironically, the couple had thought to purchase private long-term care insurance years before their crisis, but although their insurance plan nominally covered long-term care, it did little to address her husband’s long-term care in respect to its actual costs. “How does one plan for a situation such as this? Kate Michelman certainly thought she and her husband had planned for every eventuality – she is a well-known and well-to-do public figure, he was a tenured college professor, they had excellent medical insurance, even long-term care insurance, and still it wasn’t enough,” Osofsky says, “They still found themselves on the brink of losing everything.”

According to Osofsky, Michelman’s story is frightening “precisely because it could happen, and is happening, to any of us.” The unfortunate truth about medical insurance, long-term care insurance, and Medicare/Medi-Cal for those who qualify, is that they often cover “most of the cost” of medical treatment and rehabilitative care. Asserts Osofsky, “Most is woefully lacking when we must face the awful reality of how high the costs actually are. Deductibles, co-payments, share of costs, and uncovered services have become a huge personal obligation, a black hole of debt where accumulated life savings can disappear in a heartbeat.” Is there a solution? The key is to enlist the help of committed experts who know how to navigate the convoluted worlds of the medical industry, insurance industry, and government benefit programs. Osofsky suggests “finding professionals who can help you build a plan to make the best use of those systems and what they offer.” But even that’s not a complete solution. Something needs to change. Concludes Osofsky, “Medical care in the United States has become a mountain of cost that even the young and the healthy ignore at their own risk.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

“It might seem counterintuitive,” says Elder Law specialist Osofsky, “but according to a 2006 case decided by the California Supreme Court, being designated as a ‘care custodian’ of a dependent adult, may actually disqualify such persons from receiving testamentary bequests.” Adds Osofsky, “Only if the person making the testamentary bequest engaged a separate attorney to conduct an Independent Review and affirm that the testator was of sound mind and knew what he was doing, could the bequest be upheld.” The law seeks to protect dependent adults from coercive beneficiary disbursements made under duress or as the product of overreaching or undue influence. In certain care settings, California law presumes the naming of a care custodian as a beneficiary of one’s Will or Trust to be coercive actions assumptive of an unscrupulous care custodian and therefore void.

The case of BERNARD V. FOLEY (decision handed down August 21, 2006) found that unrelated friends providing ongoing health services to a dependent adult were “care custodians” under the relevant state statute and were therefore disqualified from receiving a testamentary distribution. James Foley and Ann Erman were longtime friends with Carmel Bosco. Ms. Bosco lived with them for two months prior to her death. Foley and Erman assisted her with her daily needs, including preparing her meals, helping her bathe, changing her diapers, and administering oral medications. Three days before she died, Ms. Bosco altered her living trust to make Mr. Foley and Ms. Erman each 50 percent beneficiaries. They had not previously been beneficiaries of the trust.

But Ms. Bosco’s relatives protested. Petitioning the court to invalidate the amendment, they argued that Mr. Foley and Ms. Erman were disqualified from receiving a testamentary distribution because they were “care custodians.” “Under California law, there is a presumption that donative transfers to care custodians are procured by undue influence,” explains Osofsky, “The state Supreme Court merely affirmed that a ‘caregiver’ under the statute could even be a friend who renders care to a dependent adult without compensation.” According to the Court’s decision, the definition of custodial care includes uncompensated or nonprofessional care and there is no evidence the legislature intended to make an exception for preexisting personal friends who provide health care services. Concludes Osofsky, “Elders have to be protected from people who would provide them with unprofessional care simply as a pretense to inheriting their assets. The very fact that they require such care puts them in an extremely vulnerable position.” But even this can be less than ironclad. “Sometimes persons have legitimate reasons for wanting to make bequests to their non-family member caregivers. In California, this essentially requires two attorneys to be involved, one to perform the Will or Trust and a second to conduct the Independent Review. Is this a trap for the well-intended?”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

If you are thinking that joint accounts are a foolproof way to escape probate and funnel dollars to loved ones as a sort of “poor man’s estate plan,” think again. Circumstances exist when a joint account is an excellent option. But the instrument has its pitfalls as well, and if misused or entered into without caution, joint accounts can pose serious risks. Adding a loved one to a bank account may seem like a prudent action, but such actions can impact Medicaid planning or even make your account “fair game” for your loved one’s creditors.

Applications for Medicaid long-term care coverage can be tricky. States are obliged to examine the applicant’s assets to determine eligibility. Although a joint account may include two or more names, states tend to make the assumption that the applicant is the owner and entirely responsible for the total funds in the account, irregardless of who might have contributed to the account. Imagine your name is on a joint account. You enter a nursing home. The state is still likely to assume that the account’s assets are yours – especially without proof otherwise. Realize also that proving anything is a lot more difficult from inside a nursing home, or even an assisted living facility, when you might not have ready access to your papers and files as you did within your home sweet home back when you were well and able.

It can get worse. What if you or the other joint owner of the account decides to take monies out of an account that is already under state scrutiny? This can be perceived as “improper transfer of assets” for Medicaid purposes, which may have an adverse effect upon your eligibility. You or the other joint owner could become ineligible for Medicaid for a period of months or perhaps years. In fact, if a joint owner is removed from an account, it can appear suspicious to investigators. Example: Your parent enters a nursing home. You decide to remove your parent’s name from the joint bank account. Again, this simple action, prudent on its face, can be construed as an improper transfer of assets.

Remember that an account remains exposed to all the account owners’ creditors. If your son is added to the account and falls behind (or worse, defaults) on his credit card debt and gets sued, guess who is on the hook? Under laws currently in effect, a credit card company can confiscate the money in your account to pay off your son’s debt. Another pertinent question revolves around trust. Can you completely trust the person you are adding?

Viable alternatives to joint accounts do exist. A consultation with your attorney specializing in Elder Law may suggest a durable power of attorney or else a well-considered trust instrument. Seek out a qualified Elder Law attorney near you.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

It is the worst economic downturn since the Great Depression of the 1930s. The decline and associated roller coaster ride on Wall Street has made durable power of attorney into not just a luxury when it comes to planning your estate, but an absolute necessity. Some Elder Law attorneys have come to view the instrument as even more integral to contemporary estate plans than a Will or Trust.

A Dow Jones newswire column is a case-in-point. It presents the cautionary tale of a female elder who had recently lost half of $6 million in savings. The losses were incurred almost entirely on the stock market. The woman’s woes only intensified when she became incapacitated, and her relatives were stymied when attempting to shift her investments, becoming increasingly frustrated as various remedies were attempted as damage control measures. But they lacked legal authority to take these corrective steps. An inherent irony was that the woman had once executed a power of attorney in case she ever were to become incapacitated, but the issue had become moot as the person she’d nominated had died and she’d neglected to name a successor. If dead men (or women) tell no tales, it’s also true that dead friends, no matter how trusted, cannot follow through with their power of attorney responsibilities.

Such columns have also tackled what many consider to be the thorniest question when executing a power of attorney. Is there someone you can actually trust with this power? Trust is always a thorny issue, but perhaps it is better to avoid naming someone if one-hundred percent trust has yet to be established. In fact, the powers of attorney instrument has become the subject of frequent “horror stories” in recent years, especially since the onset of our current Great Recession. In fact, exploitation of vulnerable elders by rascally persons misusing their powers of attorney roles is becoming epidemic.

But this doesn’t make the instrument less necessary in these difficult times, assert Elder Law experts such as Gene L. Osofsky. If someone trusted can be found, and if proper safeguards are in place, such as deciding who retains originals of the power of attorney document prior to when the instrument may be needed, then it can work well indeed. A power of attorney can take effect immediately or can become effective only when the subject is incapacitated as defined in the document and confirmed by a physician. In 2009, the need for a durable power of attorney has never been greater.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Among the advocacy groups in support of this bill, are the Special Needs Alliance (SNA) and the National Academy of Elder Law Attorneys (NAELA). Bernard A. Krooks, a founding partner of Littman Krooks LLP, is current President of the SNA and past President of the NAELA.

The Coalition consists of over 115 organizations that work to ensure access to health care for people with disabilities. The Coalition is urging Congress to make coverage for people with disabilities a priority while addressing the issue of national health care reform.

The 24 month waiting period has been in effect since 1972 when Congress stipulated that people with disabilities must first receive Social Security Disability Insurance (SSDI) for 24 months before gaining Medicare eligibility. The legislation to address this issue, introduced by Senator Jeff Bingaman and Representative Gene Green, will phase-out the waiting period for all people with disabilities over ten years, while immediately eliminating the waiting period for people with life-threatening conditions.

The 24 month waiting period has resulted in many individuals with disabilities going without health insurance during their wait. Nearly 40 percent of people with disabilities are without health insurance coverage at some point during their wait for Medicare; 24 percent have no health insurance during this entire period. The waiting period forces people with severe disabilities to endure two years during which treatment and care of their conditions are put at risk. Many forgo medical treatment and/or stop taking medications, compromising their already fragile health and resulting ultimately in conditions that are often more costly to treat when Medicare coverage finally begins.

The Special Needs Alliance (SNA) is a national, not-for-profit organization of attorneys dedicated to the practice of disability and public benefits law. Individuals with disabilities, their families and their advisors rely on the SNA to connect them with nearby attorneys who focus their practices in the disability law arena. SNA membership is based on a combination of relevant legal experience in the disability and special needs planning fields, direct family experience with disability, active participation with national, state and local disability advocacy organizations, and professional reputation. SNA members average 20 years of experience in special needs planning and disability law.

To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.

A Living Trust is a legal document that is intended to act as a partial substitute for, as well as a supplement to, a Will. The Settlor may transfer major assets like his or her, home, savings and investment accounts, to the Trust. The trust document contains instructions for distributing these assets upon the Settlor’s death. This type of Trust is referred to as “revocable” because the Settlor can amend or revoked at any time during his or her lifetime. It is a flexible document that can be updated given a change in circumstances such as a marriage, divorce or the birth of a child.

Revocable Living Trusts are managed for the benefit of the Settlor during his or her lifetime. Generally, Settlors name themselves as trustees of their Living Trust so that they may have full control over the management of their assets. If you have named yourself as trustee, you must also name successor trustees in order to establish who will manage the trust once you are no longer willing or able to do so.

The biggest advantage of a Living Trust is savings in both cost and time. Unlike a Will, a Living Trust does not have to go through probate to be executed. Probate is the court supervised process through which assets in a Will are distributed. The probate process can take months depending on the complexity of the estate and whether or not anyone chooses to contest the Will. Since the assets held in a Living Trust are transferred directly to the appropriate beneficiaries, the courts do not have to become involved in the process at all. All assets can be liquidated and distributed within weeks.

Living Trusts are also easy to administer, making it easier to choose trustees and successor trustees. Family members or trusted friends with no legal background will be able to serve as trustees. Being able to manage your own trust and have a family member become a trustee when you are no longer able can add to your peace of mind and make the process easier on your heirs.

A Revocable Living Trust allows for flexibility and security. Assets in the Trust can be built up over time, and access to income for beneficiaries continues uninterrupted should you become incapacitated. A Living Trust also ensures that your heirs will be able to avoid any aggravation and frustration that probate may cause. An experienced estate planning lawyer can set up the right trust for you and your loved ones.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.

Since Medicaid is a joint State-Federal program, eligibility rules determining who qualifies for Medicaid vary from state to state. To qualify for Medicaid in New York, individuals must be eligible for Supplementary Security Income (SSI) and meet income and age restrictions. New York also has a Medicaid Surplus Income Program. Under this program individuals who have incomes that are too high can qualify for Medicaid if they spend down their excess income on medical bills.

In 2005, Congress passed the Deficit Reduction Act. This Act made several changes to Medicaid law, the most notable of which were the changes to the Medicaid Transfer of Asset rules. The new law, which took effect on February 8, 2006, created a five-year look-back period and established a waiting, or penalty, period for individuals in institutional care who would otherwise be able to receive Medicaid.

Transferring money and property to trusts or other family members in order reduce individual assets and qualify for Medicaid has long been an estate planning practice. Under the new rules this type of Medicaid planning is still possible, but due to the longer look-back period and increased penalty, it must be done farther in advance of the time one wishes to be able to qualify for Medicaid.

The difference between the look-back period and the penalty period is one of cause and effect. The look-back period is the amount of time after an individual receives or applies for Medicaid-covered services during which Medicaid reviews finances. The penalty period is the amount of time you must wait to receive Medicaid after which you would otherwise have been qualified. For example, if you gave a child $50,000 two years ago, that amount would be used to calculate your penalty period.

Penalty periods are determined on a community by community rather than a state by state basis. The penalty period is calculated by dividing the value of the transferred asset by the average cost of nursing facility services. In New York City the average cost of nursing facility services for 2009 is estimated to be $9,838 per month. To return to our $50,000 transfer example, the penalty period in New York would be 50,000 divided by 9,838, or approximately 5.1 months. On Long Island, the average cost of care is set at $10,852. In Westchester, Orange, Putnam and Rockland, it is $9,439.

Medicaid planning is an effective way to keep your assets in the possession of your family and prevent them from being spent on costly medical care. Good Medicaid planning also ensures your medical expenses will be covered when the time comes. Your estate planning lawyer can advise you on the best way to handle your Medicaid planning.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.

Mr. Krooks is the President of the Special Needs Alliance and founding Partner of Littman Krooks LLP with offices in Manhattan, Westchester and Dutchess counties. Mr Krooks has extensive legal expertise and experience in the area of Special Needs Planning and the use of Special Needs Trusts. He will be one of the prominent industry speakers at this year’s Estate Planners Day, where he will share some of his knowledge while speaking on the integration of Special Needs Trusts into overall estate planning practice.

The event will take place on May 6, 2009 at The Yale club in New York City, 18th Floor

50 Vanderbilt Ave. The event is scheduled to run from 7:30 am to 5:00pm.

The Special Needs Alliance is a national network of attorneys dedicated to assisting families with special needs planning. In addition to serving as the President of the Special Needs Alliance, Mr. Krooks is past President of the National Academy of Elder Law Attorneys (NAELA) and is a founding member and past President of the New York Chapter of NAELA. In addition, he is certified as an Elder Law Attorney by the National Elder Law Foundation. Mr. Krooks is also on the editorial boards of Exceptional Parent Magazine, Trusts & Estates Magazine, and the NYU Institute of Federal Taxation.

The Estate Planning council of New York City was founded in 1959 and serves as in interdisciplinary organization for estate planning professionals. The Council’s mission is to provide a better understanding of the services performed by professionals involved in estate planning and to foster cooperation among them.

To learn more about New York elder law, New York estate planning, NY elder law, New York special needs planning, visit Littmankrooks.com.