In the past, states routinely imposed driver restrictions that were based solely on one’s age. But now, advocacy groups are fighting back against this type of designation, saying it’s arbitrary and fails to take into account the individual’s ability. As people are living longer, many people are living healthier. The 70-year-old’s of today are much more active than the 70-year-old’s of even just 40 years ago. Consider that in 1970, less than half of people over the age of 65 had a valid driver’s license. Today, more than 85 percent do. These drivers also tend to have a fairly safe driving record. They also are generally healthier and their cars are safer than the elderly of generations’ past. Additionally, this cohort has an increasingly powerful – and vocal – advocacy base in organizations like the AAA Foundation for Traffic Safety and the AARP.

In Florida, drivers who are 80-years-old or older when their current license expires can renew at the nearest office for the Department of Motor Vehicles, and only after passing a vision test. In some situations, written knowledge will be tested too. Some older drivers may have restrictions placed on their driver’s license if their vision is not up to the standard. That could mean allowing driving only during daylight hours or prohibiting driving during rush hour traffic. 

But as the country prepares to face the fact that by 2030, an estimated 60 million older adults will be driving on our nation’s roads, a number of states have been rejected additional measures that would impose greater restrictions on older drivers. Part of that is because older drivers are increasingly viewed as safe drivers. There are also more programs in existence to help them better their driving skills. Plus, there have been a number of recent studies that seem to indicate that these types of arbitrary age restrictions aren’t as effective at curbing car accidents as was once believed. Then on top of that, you’ve got the AARP and AAA advocating on their behalf, arguing that DMV officials should be looking at more than just a driver’s age.

Among the states where such enhanced measures failed:

• Legislators in Vermont rejected a bill that would have required over-65 drivers to pass vision and road tests to obtain or renew their driver’s licenses.
• Lawmakers in Tennessee rejected a measure that would have required drivers over the age of 76 to take a driving test.

Those who are advocating for the elderly say that while it’s true that vision and reflexes and overall health can deteriorate with age, these types of arbitrary testing are a form of discrimination. There is no doubt that the laws vary widely from state-to-state, and enforcement of these rules is often spotty. It’s also been established that fatality rates among drivers over the age of 55 in states that require written or roadside tests or shortened renewal periods aren’t any lower as compared to other states.

Still, we do know that older drivers are more prone to be involved in certain types of collisions. One study by the Insurance Institute indicated elderly drivers were far more likely to be involved in car accidents at intersections and in those resulting from failure to yield.

Both the AARP and AAA support the concept of medical advisory boards, which would set uniform standards for state licensing agencies to assess at-risk drivers – not just those who have reached a certain age.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Curb elderly drivers? Not so fast, Dec. 25, 2016, By Jenni Bergal, Stateline.org

More Blog Entries:

GEICO v. Isaacs – Arguing Against Post-Accident Trial Remittitur, Jan. 3, 2016, Miami Car Accident Attorney Blog

According to a research study from the National Alliance for Caregiving and AARP, the description of the family caregiver is changing. While the typical family caregiver is usually depicted as, on average, a 49-year-old woman who cares for a relative, caregivers in general are becoming very diverse.  

The usual higher-hour caregiver, who gives unpaid care for a minimum of 21 hours per week, has been providing care for an average of 5 ½ years, and anticipates continuing to provide care for an additional five years. Almost half of such caregivers have reported high emotional stress.  

Considering an average household income of $45,700, caregivers have revealed that they are under much emotional and financial strain. Higher-hour caregivers say it is challenging to find economical caregiving services, including delivered meals, transportation or health services within the home.  

According to Gail Gibson Hunt, president and CEO of the National Alliance for Caregiving, there is a concern that family caregivers are not receiving adequate support as they get older. This lack of support for caregivers can put both the caregiver and the recipient of care at a disadvantage.  

Those who provide caregiving services to a close family member, such as a spouse or a parent, and who provide care for at least 21 hours a week, reveal that it would be helpful if they are mentioned in the medical records of the care recipient as a family caregiver. 

Including transportation in your retirement plan is essential. After housing, transportation is the second-greatest household expense. The American Journal of Public Health states that Americans are outliving their capacity to drive in a safe manner. In general, the ability to drive safely as you get older is largely dependent on your health. While some people are capable of driving well into their 90s, others reduce their level of driving by age 65.

But many people do not think about the day that they will not be able to drive themselves, and will instead have to rely on public transportation or others to accomplish basic daily activities. When creating a retirement plan, you should think about whether you would like to remain in your community, downsize or relocate. A 2014 AARP study revealed that by age 65, 87 percent of people prefer to stay in their community as they become older.

Many older adults are benefiting from the Independent Transportation Network, a nonprofit organization that provides rides for the elderly. It has 27 affiliates throughout the country. There are also new transportation services that offer rides for a fee. These include Uber, Lyft and Sidecar. In addition, some senior housing communities provide shuttle buses that transport residents to doctors’ appointments.
When making decisions about where to live and your mode of transportation, perform an analysis of your neighborhood concerning the places to which you usually travel and determine how you might arrive at those destinations if you were not driving. You should also consider your social support network where you have formed relationships.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

Including transportation in your retirement plan is essential. After housing, transportation is the second-greatest household expense. The American Journal of Public Health states that Americans are outliving their capacity to drive in a safe manner. In general, the ability to drive safely as you get older is largely dependent on your health. While some people are capable of driving well into their 90s, others reduce their level of driving by age 65.

But many people do not think about the day that they will not be able to drive themselves, and will instead have to rely on public transportation or others to accomplish basic daily activities. When creating a retirement plan, you should think about whether you would like to remain in your community, downsize or relocate. A 2014 AARP study revealed that by age 65, 87 percent of people prefer to stay in their community as they become older.

Many older adults are benefiting from the Independent Transportation Network, a nonprofit organization that provides rides for the elderly. It has 27 affiliates throughout the country. There are also new transportation services that offer rides for a fee. These include Uber, Lyft and Sidecar. In addition, some senior housing communities provide shuttle buses that transport residents to doctors’ appointments.
When making decisions about where to live and your mode of transportation, perform an analysis of your neighborhood concerning the places to which you usually travel and determine how you might arrive at those destinations if you were not driving. You should also consider your social support network where you have formed relationships.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

However, one complication that has arisen is that when husbands have taken out reverse mortgages, upon their death, their wives were unable to pay off the loans, and were faced with foreclosure. As a result, the U.S. Department of Housing and Urban Development (HUD) was the defendant in a class action lawsuit filed by AARP, which alleged that HUD failed to protect the women.

Under the new rules, if one spouse takes out a reverse mortgage, and later dies, the surviving spouse can keep residing in the home without any apprehension about foreclosure provided that she or he pays the tax and insurance, and maintains the home. The new rules also state that a couple can still obtain a reverse mortgage where only one of the spouses is 62 or older. And the younger spouse’s age will determine the amount of the couple’s payout even in the event that that spouse is not on the mortgage title. In this way, the amount of the loan will be smaller.

Reverse mortgages are complex financial products, and if you are considering one, you should consult an attorney or trusted financial adviser.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

There
are many different kinds of caregivers. While some travel to the home
of the elderly or disabled person to provide care, others give
emotional support to their family members who reside in an assisted
living facility or a nursing home. 

And then there are long-distance
caregivers who provide the economic support necessary to employ
people to care for their aging parents while they live in another
city, where they are engaged in other responsibilities regarding
their spouses, children and jobs. All types of caregiving are
important and should be valued.

Caregivers
often shop and run errands for their loved ones, assist them with
showers, meals and medical appointments, and advocate on their behalf
when dealing with doctors, nurses, social workers and insurance
company representatives. 

According to a survey conducted by AARP, in
2008, there were over 34 million caregivers who were not compensated,
and who cared for an individual age 18 or older who had an illness or
a disability. This number has increased, and will continue to do so
as our population gets older.

To speak with an experienced Virginia elder law and estate planning attorney, call 757-399-7506 or visit www.hooklawcenter.com. 

However, one complication that has arisen is that when husbands have taken out reverse mortgages, upon their death, their wives were unable to pay off the loans, and were faced with foreclosure. As a result, the U.S. Department of Housing and Urban Development (HUD) was the defendant in a class action lawsuit filed by AARP, which alleged that HUD failed to protect the women.

Under the new rules, if one spouse takes out a reverse mortgage and later dies, the surviving spouse can keep residing in the home without any apprehension about foreclosure provided that she or he pays the tax and insurance, and maintains the home. The new rules also state that a couple can still obtain a reverse mortgage where only one of the spouses is 62 or older. And the younger spouse’s age will determine the amount of the couple’s payout even in the event that that spouse is not on the mortgage title. In this way, the amount of the loan will be smaller.

Reverse mortgages are complex financial products, and if you are considering one, you should consult an attorney or trusted financial adviser.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

Avoiding sibling rivalry with Estate Planning

If you have more than one child, discuss the inheritance to prevent sibling rivalry issues. Some surprises are good, but others create tension and uncertainty. According to forbes.com, one important issue is who will be the executor of the will.

Clearing up any confusion

If you are fortunate enough to own several homes such as vacation or investment properties, don’t assume which children would prefer to inherit a certain property. An estate planning attorney will let you know how to handle a situation when one real estate property is worth more money than another. Also, you can guard against the problem of leaving a home to one child that you think will be worth more or less than it is worth in the future. Also, your children might have preconceived ideas about how much you are worth. The AARP cited a Fidelity Investments survey that showed children underestimated their parents’ estate by $100,000. In many cases, you could give your children greater peace of mind.

Avoiding probate and taxes

If you don’t want to put your children through the stress of probate, talk to an elder and estate planning attorney about ways to avoid probate with a retirement plan trust. One great way to help your children is to pay off your debts while you are living if you can. Also, you might want to simplify your financial situation by selling real estate in another state that you no longer need or want to include in the estate plan. Experts advise people who want to avoid estate taxes to start making lifetime gifts each year.

Explaining your intentions

Most parents and grandparents only want what’s best for their family. Explain your reasoning to your children or other beneficiaries. By having the difficult inheritance talk you can create more family harmony. The AARP recommends if you plan to distribute the inheritance unequally, just explain your reasoning. Some reasons might include the fact that one child earns significantly more or one child has many more children to care for in life.

While it might to tempting to try to control your children from beyond this world, experts caution against using an “incentive trust,” that stipulates what your children have to do in order to receive an inheritance. While incentive trusts make for a good storyline in a movie, it’s often counterproductive and leads to lawsuits that eat up your hard-earned money.

Christopher J. Berry, an elder law and estate planning attorney, and the Elder Care Firm, work hard to provide you with the answers you need for your estate plan. For more tips on how to talk to your children and their inheritance and how to set up a Michigan Retirement Plan Trust, please contact us.

The post Estate Planning: Having the Inheritance Talk appeared first on The Elder Care Firm.

Current offerings include Lively, a wireless monitoring device with accelerometers to detect movement, as well as pill bottles that indicate when it is time to take medication. Even small changes in daily habits can represent significant changes in health, so the potential applications of such devices are substantial.

Experts envision a wide range of other smart devices in the future, such as furniture that monitors vital signs and carpets that analyze walking patterns to identify changes in physical health. Some such devices have already made their way into technology expos, but have some way to go until they are widely adopted. Keeping sensors unobtrusive and easy to install will be key to promoting widespread adaptation.

As 78 million Baby Boomers continue to age, there will be an increased demand for such devices, both from seniors and from their caregivers. Smart homes promise to provide a higher level of independence over a longer period of time, an appealing prospect for independent Boomers.

Supplementing in-person care giving with technology is also appealing from a practical perspective. According to a recent AARP report, in 2010 there were 7.2 middle-age caregivers for every 80-year-old. By 2050, that number will decline to 2.9. If the home is able to serve as an early detection system, alerting family and health care providers of key changes, it may be able to ease the strain on the health care system.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

According to a new study from AARP and the National Alliance for Caregiving, family caregivers are a varied group.

The report, Caregiving in the U.S. 2015, found that while the “typical” caregiver is a woman age 49 taking care of a relative, there are some surprising findings as well. Men, who are often stereotyped as failing to take on caregiving responsibilities, actually account for 40…

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Every senior should be aware of Michigan’s “Long Term Care Ombudsman” program, which upholds the rights of seniors, whether they are in a nursing home, or an assisted living setting.

Michigan Senior Living

Seniors living in Michigan, and who may be planning to add a dwelling to their existing property to live in—while renting out their home—may already be familiar with accessory dwelling units (ADU). Instead of living in that backyard treehouse, the one you built for the kids umpteen years ago, these so-called ‘carriage flats,’ or mother-in-law apartments, are creating havoc with local zoning laws.

For sure, they’ve been around for decades, and they do represent plausible sources of supplemental income for homeowners, particularly for seniors looking to amp up their income stream.

While Michigan admits it is not in the subsidized housing market, they do recognize that ADUs offer another choice for “housing affordability.”

Home-care aides to earn more in 2015

Of course, in a perfect Senior World, that income just might be there to help defray a couple’s home care costs with the income from renting out their main residence.

No surprise, but home care costs are rising. In fact hourly pay for home care aides were given a bump this year when the government made it mandatory for most direct-care workers to receive the federal minimum wage, including overtime pay.

Homeowners with limited financial resources, and who are willing to do a lot of research, may have the option to pay for home care costs by taking out a reverse mortgage. In fact, the HUD.gov website touts its ‘brand’ of reverse mortgages as a vehicle that allows you to  “Use Your Home to Stay at Home;” it is the only reversed mortgage that is federally insured.

Regardless of the housing choice, a predominant theme for those over the age of 50, is one of growing old in “isolation” from family and community, according to an overview on the AARP site. For sure, either by choice, or because of aging-related diseases like Alzheimer’s, seniors can go through daily depression simply because they think they don’t matter.

Someone does care…

When a spouse decides it’s best for their loved one to move into a long-term care facility, the whole process is beyond overwhelming, particularly if there is no one living close by.

Every senior should be aware of Michigan’s “Long Term Care Ombudsman” program, which upholds the rights of seniors, whether they are in a nursing home, adult foster care home, or even an unlicensed, assisted living setting.

In short, the program exists for family, or relatives, to make sure that complaints/concerns are dealt with. Volunteers help with issues ranging from resident rights, guardianship and nursing home placement.

Financial support for Medicaid spouses.

The biggest fear among seniors is the idea of having to relinquish their home and deplete their life savings in order to receive Medicaid’s financial assistance.

That is simply not the case. In fact Congress has made sure that no one in this situation needs to go bankrupt due to the costs associated with long-term care.

As such, Medicaid law is there to provide a minimal financial footing for spouses of a Medicaid applicant; this, through the “community spouse resource allowance,” or CSRA.

A thirty-day stay is necessary, and on the day of admittance into a nursing home, for example, all of the assets of the couple are calculated. Generally, for 2015, a spouse can keep up to $119,200 in countable assets with a minimum of $23,844. As noted on the Nolo.com website:

“States are required to have spousal protection rules for Medicaid recipients who are in nursing homes, but they are not currently required to have spousal protection rules for other Medicaid recipients, like those receiving in-home care. However, many states do have rules protecting the income and/or assets of spouses of Medicaid recipients getting long-term care outside of nursing homes…”

Contact us to discuss the many options available to you through proper estate planning.

The post Home-care costs for ‘aides’ get a bump in 2015; includes over-time pay. appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

A continuing care retirement community is able to offer progressive levels of care as they become necessary.

In today’s uncertain economic times marked by roller-coaster markets and flat-line wages, leave it to a certain segment of Michigan seniors and retirees who are choosing to live in bigger homes instead of taking a more common route of downsizing during their retirement years.

In fact, according to a recent report by Merrill Lynch and Age Wave, 49% of retirees in their survey chose not to downsize in “their last move.” Moreover, 30% were electing to move into a much larger home. Such choices obviously belong to a retirement sector quite “confident with their investments.”

More importantly, the survey revealed that about 20% selected a larger home not only to accommodate family visits, but also to provide the space for families to live with them in the future—the survey indicates that 16% of the retirees responding actually had a boomerang child living with them.

Accompanying this ongoing trend is the notion that a larger home may actually provide better in-home care options; this, even though larger homes bring higher taxes, maintenance and even association fees.

Still, and while larger homes can make in-home care a more viable option, the increase interest in other choices, such as assisted living and even nursing home options continues unabated.

Staying in the home.

It may not be surprising that around 90% of seniors polled by AARP showed a preference for ‘aging in place, or staying in their home after the age of 65. Often, that might mean customizing rooms by adding ramps, or installing stairlifts, or even moving an upper bedroom to the first floor.

But when health conditions deteriorate for those ‘aging in place,’ seniors can still receive hospice care in their homes during those end-of-life stages—funded by Medicare and Medicaid services.

Is ‘assisted living’ covered by Medicare/Medicaid?

Of course, the home may not be a viable option, because of expense and minor health issues. As such seniors may favor an assisted living facility. Unfortunately, neither Medicare and Medicaid will pick up room-or-board costs.

However, these facilities accept seniors who may be at different ‘tiers’ of medical need, thereby affecting the resident’s monthly charges. Generally, the more ambulatory you are, the cheaper the overall costs.

By law, these facilities can only offer extra care up to a certain level; then, other options may have to be considered. But if you are fortunate to have long-term care insurance, the policy may provide some “in-home” help while you are in an assisted-living setting.

Continuing Care Retirement Facilities (CCRCs)

Generally, these facilities require a one-time ‘entry fee’, and then monthly payments that reflect the range of services and amenities offered. Ideally, as their ability to live independently decreases, seniors are able to receive progressive care at the CCRC—a viable solution to the universal question of how to avoid nursing home costs.

CCRCs are normally set up to  provide  around-the-clock care when needed. Of course, with this level of assistance comes higher monthly costs.

‘Assistance’ from your 401(k).

Congress tried to include long-term care (LTC) for all U.S. citizens in the Affordable Care Act (ACA), but it was axed. Instead, the hope is that the IRS will eventually allow us to use our 401(k) to at least pay for LTC premiums, thereby lessening the agency’s current definition of “hardship” cases.

IRS’s existing hardship withdrawal rules do provide for tax-free withdrawals to cover what is considered to be “significant medical expenses.” But it remains questionable that the hardship rules will change; this, owing to the potential decrease in tax revenues that could result.

To start the conversation about the importance of an overall estate plan, including the need for long-term health coverage, contact us today.

The post How to avoid nursing home costs: CCRCs may provide the progressive care needed. appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

Though Baby Boomers do focus on cash flow in retirement, planning beyond that with an estate plan is often not on their radar.

“The secret of getting ahead is getting started.” Mark Twain

Well put, Mr. Twain, and thank you for making this pithy quote one for the ages. It should be on the desk of financial professionals and heeded by baby boomers everywhere. Indeed, it’s one thing to save and invest wisely, but all is for naught without that all-important estate plan.

Michigan Boomer’s of the ‘60s turn 50…

Although ‘boomers’ fall into that Netherland somewhere between 1946 to 1964, the 21-million boomers actually born in the early ‘60s, whom AARP said turned 50 last December, may still roam terra firma with a piece of parchment on which they’ve written their last will and testament.

While this may hint of brontosaurus-like thinking, boomers most certainly are not doomed to extinction just because they’ve fallen into the tar pit of indecision when it comes to making an estate plan—even at age 50, there’s time.

Estate Planning: It’s simply not on their list…

Still, Baby Boomers biggest retirement planning mistake is having a workable financial strategy without an estate plan. That scenario is tantamount to running an eight-cylinder car on four pistons during its lifetime, and failing to deliver you across the retirement threshold in good stead.

Call it short-sighted, or being in denial, but thinking about ‘death’ is simply not on the Baby Boomer’s radar, according to a recent USA Today article. Unwittingly, they may forever remain oblivious that death-by-dying without an estate plan can create untold tax consequences that might be avoided by placing assets into a living trust, for example.

“’If you are looking at Baby Boomers, they are looking at what their cash flow will be in retirement,” says Carol Kroch, managing director, wealth and philanthropic planning at Wilmington Trust in Wilmington, Del. “Can they do the things they want to do? Can they retire? Can they keep the house? They are not focused on death’.”

Don’t leave your heirs with a bundle of tax problems…

But boomers may not have the second chance Mark Twain did when he read about his own ‘death’ in a newspaper paper while on a trip abroad. Perhaps his quote (“The reports of my death have been greatly exaggerated.”) playfully serves as a reminder for boomers to develop an estate plan to complement their financial strategies, thereby ensuring continuity of one’s estate.

A ‘will’ is one component of the overall estate plan.

In short, your will lets you choose which heirs should receive your antique car collection, or who will become guardians of your children.

The estate plan protects assets from probate; provides a power of attorney for someone you’ve appointed to step in to make vital health/financial decisions for you; Do you want trusts for your children…grandkids or a favorite charity? These desires need to be discussed in context with your entire estate.

Looking beyond the ‘now.’

As noted in the USA Today article, the focus on developing the estate plan falls on three critical areas that include property and financial assets, children, and medical decisions. In the latter case, the purchase of a long-term-care insurance policy can protect assets from depletion in the case of nursing home care, or extended care in the home.

In the case of second marriages, the plan also can guard against losing assets if that marriage doesn’t work out. Such scenarios often call for a “firewall” of prenuptial, or postnuptial, agreements.

Start the ‘family conversation.’

Owners of a small business may want to pass on the business to their offspring, but make sure it’s something they truly want to do.

The conversation should be an open-ended one, where that vacation home, or family boat, can be passed on to a family member without it being a complete surprise later.

Other must-conversations is the one about choosing the executor of your estate—your daughter may say ‘no’ because she doesn’t feel confident in handling financial matters.

To start the conversation about your estate plan, including your will, powers of attorney and other specific documents, contact us.

The post USA TODAY: ‘Baby Boomers’ biggest retirement planning mistake is not having an estate plan. appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

But both VA itself and most experts strongly urge veterans to enroll in Medicare. One of the most compelling reasons, cited by Stan Hinden in an article for AARP, is that VA medical coverage is funded by an appropriation from Congress that must be passed each year. As a result, VA does not guarantee benefits in the future, because funding levels may not be sufficient to cover the needs of all veterans. The National Council on Aging agrees that the priorities and funding of VA can change, and that veterans could see the VA benefits they have now decrease in the future.

Veterans who sign up for Medicare will have health coverage for a wider array of medical services, and they will be able to access private doctors and medical facilities. This can become especially important as veterans age and encounter more complex health concerns.

Medicare can also provide vitally necessary coverage in urgent situations. For example, if a veteran is taken to a non-VA hospital ER, Medicare will cover the costs of care. Or, if a veteran is pre-authorized by VA for treatment in a non-VA hospital, Medicare may pay for additional treatments that become necessary but were not expressly authorized by VA.

Low-income veterans may be especially concerned about the cost of Medicare premiums. But Medicare premium assistance programs are available to low-income individuals, including veterans. In Michigan, the Michigan Department of Community Health runs the program that provides premium assistance to Medicare recipients.

Finally, veterans should be aware that Medicare imposes penalties on individuals who sign up after the initial enrollment period. Typically, to avoid penalties, individuals must sign up for Medicare in a seven-month window surrounding their 65th birthday. Individuals who fail to do so, including veterans, will pay higher premiums if they decide to sign up later.

The National Council on Aging offers more information on Medicare for veterans with VA benefits on the website mymedicarematters.org. In addition, many veterans benefits attorneys offer assistance to veterans seeking all of the coverage to which they are entitled.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Knapp offers her support and time to veterans who need someone to talk to about their emotional, physical and economic problems. She has helped veterans from every war since World War II, right up to veterans of the recent wars in Iraq and Afghanistan.

Knapp told the Battle Creek Enquirer, “They’re a younger bunch now, but they’re all so appreciative, and they all want some link with family and community. I try to give them that.”

The 72-year-old has strong ties to the military: her late husband, her father, her grandfather, two sons and a brother all served in the military.

Knapp was awarded the 2014 American Association of Retired Persons Andrus Award for Community Service for her work at the VA and the Comstock Community Center. She was presented with the award in an AARP ceremony on November 1 in Grand Rapids.

Over the course of her three-and-a-half decades volunteering at the VA, Knapp has logged 2,426 hours. She is known for planning monthly parties, as well as a Las Vegas Day in February and a Christmas in July party.

Knapp and her husband started volunteering with veterans at the VFW Auxiliary 6252 in Comstock back in 1979, where she was made auxiliary chairman. Two years later, she started volunteering at the Battle Creek VA.

Knapp lives in Kalamazoo. In addition to volunteering once a week at the Battle Creek VA, she raises money for veterans’ programs, teaches Sunday School and coordinates the holiday food basket program at the Comstock Community Center.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

More American family members are serving as caregivers for their loved ones than ever before.

According to a study by the Pew Research Center and the California HealthCare Foundation, 39 percent of adults were family caregivers in 2012, up from 30 percent in 2010.

There are multiple reasons for the increase. The number of older adults is increasing, and it will continue to increase as the Baby Boomers continue to age. In addition, many families are foregoing paid caregiving in a sluggish economy.

Modern medicine is extremely adept at keeping people with serious medical conditions alive; at the same time, the older adult population experiences more serious health problems than in the past. All of this means that more family members step in to provide care for their loved ones, who may collectively be sicker than elders in past generations.

According to AARP data from 2012, at least half of caregivers perform complex nursing care at home. Caregivers help with activities of daily living, but they also manage complex medication regimens, take elders to and from medical appointments, and perform nursing or medical tasks prescribed for the elder.

The U.S. Department of Health and Human Services estimates the average annual cost of U.S. nursing home care to be $74,820. But in California, the Department of Health Care Services estimates that cost to be $91,250. 

Recently, public debate about long-term care insurance has intensified, with news outlets including the Los Angeles Times, CBS and USA Today and organizations such as the American Association of Retired People (AARP) and the SCAN Foundation weighing in on the subject.

Much of the debate centers on whether consumers can adequately understand the opportunities and risks that long-term care insurance offers.

One often-cited issue is inflation. Many long-term care insurance policies offer a fixed, daily benefit amount (often between $50 and $300). On average, a day of care in a California nursing home costs $250, according to the Department of Health Care Services. But, as AARP warns, the rising costs of health care may cause daily costs to rise significantly as well.

If that happens, the contractual policy benefits would cover a lower percentage of the cost of care in ten or twenty years, when the policy would be most needed. 

AARP also notes that some insurers offer inflation protection at an extra cost.

Many states, including California, offer a state-sponsored partnership program that, in some situations, allows consumers to pay into a long-term care insurance plan that will provide later benefits without affecting eligibility for Medicaid (in California, Medi-Cal).

California Health Advocates, a non-profit advocacy group, recommends that anyone planning to purchase long-term care insurance consult with an accountant or elder law attorney before doing so.

For information and advice about planning – with long-term care insurance or by other means – contact Gilfix & La Poll Associates, LLP.

Pioneers of Elder Law – For over 30 years, Gilfix & La Poll Associates LLP has innovated creative legal solutions to help you manage and plan the future of your estate.
To contact an estate planning lawyer visit http://www.gilfix.com/ or call 800.244.9424.

According to a survey by the AARP, the majority of people say that they would prefer to spend their senior years in their own home. However, it is worth considering how issues of health, mobility or finances might affect one’s preferences. Many other retirement living options exist for different needs.

Downsizing one’s home is a popular choice for many seniors. A home that was the right size to raise a family may involve more expense and work than one wants in retirement, and the money saved by moving to a smaller house can help pay for other retirement expenses.

A senior living community is another way to change one’s home to match one’s lifestyle. Retirement communities combine independent living with activities and services geared toward seniors.

If additional care and accessibility are needed, then assisted living communities combine independent living and a home-like setting with personal care and health care services.

Of course, when planning for one’s retirement, one may have no way of knowing what level of care may be required as one ages. One solution to this issue is continuing care retirement communities, which are structured to provide a range of care, including independent living, assisted living and full nursing care, all in the same complex or campus.

Learn more at http://www.elderlawnewyork.com/elderlaw/relocation-and-estate-clearance-services-the-anatomy-of-a-virtual-clean-out/

No government agencies track data on theft of Social Security numbers from Medicare cards, but it is clearly a problem. The Department of Health and Human Services recently announced the recovery of $4.3 billion from attempted federal health insurance fraud schemes in a single fiscal year – a record high.

In 2007, the George W. Bush administration ordered all federal agencies to cease any unnecessary use of Social Security numbers. And the Centers for Medicare & Medicaid Services (CMS) acknowledges the need to remove SSNs from Medicare cards. But doing so would cost between $255 and $317 million, according to a Government Accountability Office report – funds that are hard to secure.

In the meantime, the AARP recommends seniors do not carry the cards, saying it is usually unnecessary to do so. An AARP representative told Reuters her recommendation for seniors who are uncomfortable being without the card is to make a photocopy of it with the first five digits of their Social Security number masked out. Then you can have proof of Medicare enrollment with you, just in case, while protecting yourself from identity theft.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

The difference in status can be very important for seniors because it directly impacts out-of-pocket expenses. Moreover, this status has sometimes been used as a substitute for admission in recent years — raising troubling quality-of-care issues.

“Rapid Growth in Medicare Hospital Observation Services: What’s Going On?” found an alarming spike (of more than 100 percent) in Medicare claims for observation status over a nine-year period beginning in 2001. The duration of a stay in observation has also increased significantly. Many Medicare patients are not aware of the extra expenses they face if they stay in a hospital for “observation.”

Medicare also mandates a three-day inpatient stay before care is covered in a skilled nursing facility. If a patient remains under observation for three nights, that stay does not meet Medicare’s requirements, and coverage will not be extended to it. The patient will be billed for the costs.

AARP’s report suggests, among other things, that Medicare qualify a three-day observation stay for coverage. The issue has garnered attention in the Senate and the House, and legislation has now been introduced to that end. The AARP fully supports the Improving Access to Medicare Coverage Act of 2013 (H.R. 1179/S. 569).

The AARP recently reported a surge in scams targeting seniors in New York City. The actual increase in fraud may be even higher than the AARP suggests, as it is estimated that one third of elderly scam victims do not report the crime.

Scammers often target elders because they are more likely to be home during the day and to have good credit or home equity. Moreover, they are perceived as more trusting and less willing to hang up on a telemarketer. Scams targeting the elderly range from telephone calls attempting to obtain personal information (requesting Social Security numbers on a Medicare-related pretext, for example) to more elaborate scams involving phone reverse mortgages.

Officials say that a legitimate home equity conversion mortgage is insured by the Federal Housing Authority. Seniors may be used as straw buyers in property-flipping scams or drawn into phony reverse mortgages.

Due to the increase in fraud activity, seniors should be vigilant against any unknown person trying to obtain their personal information.

Learn more by contacting New York Guardianship Lawyer, Bernard A. Krooks.

The population of New York City is aging rapidly. There are 1 million people over the age of 65 living in the city at present, and that number is expected to increase by 50 percent by the year 2030, the fastest increase in history. Many older New Yorkers rely in part on family members who act as caregivers. A recent AARP survey found that most unpaid, family caregivers experience emotional and financial strain, making resources to help them that much more important.

One of the best sources for information and assistance for NYC caregivers is the New York City Department for the Aging, which can be reached by phone at (212) 504-4115 or on the web at http://www.nyc.gov/html/dfta/html/caregiver/support.shtml.

Another comprehensive source of information is the NYC Caregiving and Respite Directory, available from the New York State Caregiving & Respite Coalition at
http://www.nyscrc.org/documents/NewYorkCityCaregivingandRespiteMatrixMKM2_003.pdf.

For more information about our elder law services, contact Littman Krooks, LLP.

Michigan Elder Law Attorney Chris Berry is a long-term care expert and understands the importance for  family caregivers.

Family caregiving must improve affordable leave options for caregivers.

A recent report from AARP argues for improving family leave for working caregivers, citing the growing population of older american, increasing numbers of family caregivers on the job, and escalating demands and stress on caregivers.

(Related: ‘Pension poachers’ blamed for backlog in approval of VA applications)

Keeping Up with the Times: Supporting Family Caregivers with Workplace Leave Policies identifies three policy solutions to ease the burden of both caregivers and employers: unpaid family and medical leave, paid family and medical leave insurance, and earned sck time.

“The aging of the population, changing workforce demographics and increasing demands on family caregivers are colliding at the expense of working caregivers,” said Lynn Feinberg, Senior Strategic Policy Advisor with the AARP Public Policy Institute and author of the report.  “Even as workforce participation and caregiving demands are increasing for caregivers, workplace policies protecting or supporting them have remained stagnant.”

(Read more: Skilled Nursing Facilities Face Harsh Reality and Financial Pressures)

Close to three out four women of prime caregiving age are in the workforce and seventy-four percent of adults with eldercare responsibilites have been in the workforce at some point in their caregiving. One in four retirees reports leaving the workforce sooner than planned to care for an ill spouse or other family member. One in five workers age 45 to 74 expects to take time off at some point in the next five years for caregiving.

The Family and Medical Leave Act limits leave for caregiving for elderly relatives to parents or spouses, effectively excluding those caring for in-laws, grandparents, or aunts and uncles. Because FMLA leave is unpaid, it is not applicable to low-income workers. Furthermore, it is unavailable to those working for small companies with fewer than 50 employees. Nearly two-thirds of workers eligible for FMLA who didn’t take it reported they couldn’t afford to take unpaid leave or were afraid of losing their job.

(Related: Long-Term Care Solutions In the U.S.)

Ultimately, Keeping Up with the Times: Supporting Family Caregivers with Workplace Leave Policies recommends a series of approaches to improve options for family caregivers, among them:

• Expanding relationships covered by the Family and Medical Leave Act,

• Adoption of policies at the state level that exceed current federal eligibility requirements for the FMLA,

• Optimizing worker productivity and retention at both the federal and state level by promoting access to paid family leave insurance.,

• Public awareness campaigns to educate workers about existing family leave policies,

• Employer implementation of family-friendly workplace policies, e.g., caregiver support programs in the workplace, referral to supportive services in the community and flexible workplace policies,

• Improved data collection on working caregivers with eldercare responsibilities, especially by federal agencies, and

• Further policy research into the interaction of workplace caregiver policies and healthcare access.

Read more: http://www.aarp.org/about-aarp/press-center/info-06-2013/Demographics-Family-Caregiving-Demands-Call-For-Modernizing-Leave-for-Caregivers-Says-New-AARP-Report.html

Christopher J. Berry is a Michigan elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000