Shields and Boris Elder Law Attorneys

What Next For the Estate Tax?

blog@www.shieldsandboris.com (news Author)16769 — Thu, 05 Aug 2010 08:00:00 EST

The recent death of 80-year-old George Steinbrenner has thrust the estate tax back into the spotlight.

While Forbes magazine has estimated Mr. Steinbrenner's estate at $1.1 billion, his heirs pay no federal estate tax because he died in 2010. If Mr. Steinbrenner had died in 2009 when the federal estate tax exemption was $3.5 million and the top tax was 45 percent, his estate would have paid taxes of about $500 million.

If he died next year, things could be even worse for his heirs.

The problem is no one has a clue what the law will be next year, and there's a chance it might also squeeze people who identify more closely with the middle class.

"We really are in a state of uncertainty now, and it's difficult to advise clients," said Don Linzer, a partner at the Schneider Downs wealth management firm, Downtown.

People who stand to inherit wealth owe no federal estate taxes on their windfall this year because Congress has not voted to replace the tax law that expired in 2009.

If Congress takes no action on passing a new estate tax law, the exemption will automatically fall to $1 million with a top tax rate of 55 percent on all assets above $1 million.

"If Congress extends the exemption for the first $3.5 million, it only hits the wealthiest 1 or 2 percent of Americans," said Dan Nigito, vice president of Merion Wealth Partners in Bethlehem. "If the exemption is only $1 million, if you own a home, a retirement account and some insurance and investments, you are suddenly taxed like the wealthiest Americans when you are only middle-class."

Mike Freker, a wealth manager at AXA Advisors in Carnegie, said that if the exemption falls back to $1 million, the estate tax will become more of a reality for a far greater percentage of the population.

"There's more people affected than you think," he said. "Small-business owners represent about 65 percent of all employers.

If the business you work for is affected by the tax, it could trickle down."

As part of the tax cuts approved by President George W. Bush in 2001, the federal estate tax exemption started at $1 million and over the course of nine years increased to $3.5 million in 2009. The law eliminated the federal estate tax in 2010.

However, the 2001 tax cut requires the estate tax to revert back to $1 million in 2011, so it is up to Congress to pass a law that would raise the exemption and extend the tax break. So far, the political bickering on Capitol Hill has stymied any efforts to pass a new law.

"The problem is you've got a bunch of people in Congress who can't agree on what day of the week it is, and now they are supposed to come together and decide how to handle the estate tax provisions of the sunsetting Bush tax cuts," Mr. Nigito said.

Jeff Condon, an estate tax attorney at Condon & Condon in Santa Monica, Calif., said that if Congress keeps spinning its wheels and we end up with only a $1 million exemption on the estate tax, it will result in more complex estate plans.

"As an attorney who takes pride in reducing the estate tax for my clients, that's a real backward slide," he said. "Now they have to pay me and lawyers like me more money to do fancy, sophisticated and hard-to-understand techniques that do the same thing as a high-exemption amount -- reduce their estate tax."

While there is no federal estate tax this year, states can set their own taxes on estates.

In Pennsylvania, the inheritance tax applies regardless of the size of the estate. It is technically a tax on the beneficiary's right to receive the dead person's property.

Spouses with rights of survivorship pay no inheritance taxes in Pennsylvania. Charities also are exempt from tax. However, children, grandchildren and stepchildren pay a tax of 4.5 percent, meaning if they inherit $100,000 they will pay $4,500 in taxes to the state.

Brothers and sisters pay a 12 percent tax, while nieces, nephews and all others pay a tax rate of 15 percent.

Life insurance proceeds, on the other hand, are exempt from Pennsylvania's inheritance tax.

Marvin Feldman, president and CEO of Life Foundation, an insurance education organization based in Arlington, Va., said life insurance could be an effective tool to use for paying the federal estate tax.

"The only thing we know for sure is there will be an estate tax," Mr. Feldman said. "We just don't know at what level it will start -- whether that's $1 million, $3.5 million or some other number chosen by Congress.

"Life insurance can be an excellent alternative to writing a check for the full amount of the inheritance tax."

He said it was important, however, to make sure the life insurance policy was not part of the dead person's estate to avoid being taxed by the federal government.

It should be owned outside the estate by either an irrevocable trust or by one of the insured's children.

"One of the most gruesome aspects of this inaction by Congress is: I would not want to be on life support in December 2010," said Albert Isacks, director of estate services at Malin Berquist CPAs in Erie.

"It's putting the family in the extremely awkward situation of wondering if you keep someone alive with the hope that they'll regain their faculties or allow them to die to avoid the estate tax," he said.

Care Connection Offers Dementia Caregivers Weekly Phone Support

blog@www.shieldsandboris.com (news Author)16677 — Mon, 02 Aug 2010 08:00:00 EST

Many caregivers who are caught up in the day-to-day challenges of caring for an individual with dementia find it hard, if not impossible, to leave home to attend support groups or workshops to get the answers to their caregiving questions. For them, a viable alternative is Care Connection - a free telephone support service for caregivers of individuals with Alzheimer's disease and related illnesses.

The weekly, interactive service is a blend of coaching, presentations by experts and discussion. It links up to 150 caregivers from anywhere in the country for each one-hour session.

Care Connection is held each Thursday at 9pm. Caregivers can call (877) 232-2992; the guest identification number is 271004#. Each session addresses medical, social, emotional, and practical issues that are specific to dementia.

Pennsylvania May Get Seventy Percent of Special Medicaid Funding

frank.jackson@gmail.com (blog Author)36418 — Mon, 02 Aug 2010 08:00:00 EST

It now looks like the state might get about 70 percent of the $850 million in additional federal Medicaid funding that it's been counting on, state Senate Republican leader Dominic Pileggi said today.

Nothing is certain yet, he said, but that would mean the state would get $595 million instead of the full amount -- assuming that the U.S. Congress approves the additional funds in the next month or so. Getting only 70 percent of the federal money would still require some employee layoffs, but not as many as with the loss of the entire $850 million.

Legislative leaders held a brief conference call this morning with Gov. Ed Rendell to talk about preparing a contingency plan to use in case Congress doesn't approve the full $850 million in Medicaid money. Specifics haven't been worked out yet, Mr. Pileggi said.

Cutting the $28 billion state budget to absorb the loss of $255 million "would be a smaller problem than losing the full $850 million, but it's still a problem," he said. "The governor is optimistic that we will get at least a substantial part of the $850 million. There is at least some basis for hope of federal action."

Mr. Rendell has said that up to 20,000 layoffs of state, county and municipal employees could be needed to absorb the loss of the entire $850 million in Federal Medicaid Assistance Percentage funds. The U.S. Senate may vote this evening on the additional funds, but the U.S. House isn't expected to vote until after Labor Day.

If the U.S. Senate defeats the funds tonight, then a contingency plan for cutting state spending is necessary immediately, Mr. Pileggi said. He said leaders may meet with Mr. Rendell on Wednesday morning about that.

10 Ways To Ruin Your Retirement

frank.jackson@gmail.com (blog Author)36432 — Mon, 02 Aug 2010 08:00:00 EST

There's much more to retirement planning than accumulating a large next egg. You'll need to invest and protect your retirement savings, account for health care expenses, and turn your savings into a stream of income. Unfortunately, there's a lot of room for mistakes that could force you to cut your standard of living in retirement. Here are 10 things that could derail your retirement plans:

Too much debt. Americans are increasingly entering the traditional retirement years with credit card, mortgage, and other forms of debt. But carrying debt into retirement means your savings will have to support past expenditures, plus interest--as well as your current spending. "If you have debt and you are going into retirement, I don't think you are ready for retirement," says Gary Gilgen, a certified financial advisor and director of the financial planning department at Rehmann Financial in Troy, Mich.

Underestimate how long you will live. The average man who is currently 65 can expect to live until age 83, and a 65-year-old woman can expect to live until 85, according to Social Security Administration data. There is about a 1 in 10 chance that current 65-year-olds will live past age 95, according to SSA. "Some people die right after retirement and some people live many years beyond their life expectancy," says Scott Peterson, a chartered financial consultant for Peterson Wealth Advisors in Orem, Utah, and author of Maximize Your Retirement Income: Powerful Financial Strategies for a Successful Retirement. He recommends a cautious strategy--planning as if you will live until age 100.

Retire too young. Perhaps the biggest retirement decision you will make is when. Sometimes retirement is foisted upon you unexpectedly because of a buyout or layoff, or it is necessitated by a health problem or caregiving responsibilities. Retiring young means more years of retirement that you'll need to finance with savings. Monthly Social Security benefits are reduced for early claiming. "Many people are retiring too early and taking Social Security at the earliest possible time, and that's a mistake," says Peterson. "If you simply wait from age 62 to age 66, you will increase your monthly Social Security payment for the rest of your life." Someone born in 1950 who would have been eligible for a $1,000 monthly check at age 66 will receive 25 percent less--just $750 each month--if he or she signs up at age 62.

Don't purchase enough insurance. Americans age 65 and older are eligible for Medicare coverage. But you will still need to pay premiums, deductibles, and coinsurance unless you purchase supplemental insurance. There are also a variety of common services that traditional Medicare doesn't cover, including eye glasses, hearing aids, and long-term nursing home care stays of more than 100 days. Families with significant assets to protect may want to consider long-term care insurance. Prescription drug costs vary depending on which Medicare Part D plan you choose. Shop around annually for the most affordable plan in your area that meets your prescription drug needs.

Ignore inflation. Over time, inflation will slowly decrease the spending power of your savings unless you take steps to protect it. Social Security payments and some annuities and pensions are adjusted for inflation each year. One type of government bond, Treasury Inflation-Protected Securities (TIPS), promises a rate of return above inflation. Other common hedges against inflation include exposure to the stock market, commodities, or real estate.

Neglect your social life. Once you retire, there are no more work obligations and no one will be counting on you to finish a project or meet a deadline. It's easy to feel isolated. "A lot of people have been totally immersed in their work and have not taken time to develop outside interests, and when they retire they are just totally lost," says Robert Christenson, a certified financial planner for Net Worth Advisory Group in Midvale, Utah. "It's important to prepare for retirement by developing a hobby or interest outside of the workplace and planning what you are going to do in the retirement years." Consider which friends you will spend time with and what activities you will take up. Try to coordinate retirement with your spouse and discuss how your routines will change.

Rely on a single source of retirement income. While most working Americans get their income from a single source, retirees shouldn't count on any one income stream. "You should have between four and six sources of retirement income, and don't count on any one of them," says Gilgen. Guaranteed sources of retirement income include Social Security payments, pensions, and annuity payments. Other common retirement income sources include 401(k)'s, IRAs, personal investment accounts, cash investments such as savings accounts and CDs, and rental or royalty income. Diversifying income sources ensures that if any one of them loses value, you will still have some money coming in.

[See the 100 Best Mutual Funds For the Long Term.]

Don't save enough. There are many reasons why it's difficult to save for retirement. A home purchase, college costs, and even everyday expenses often compete with your retirement savings. A few easy ways to grow your nest egg include setting up a direct deposit into a retirement account, saving enough in a 401(k) account to receive an employer match, and remaining in a job long enough to be vested or eligible to keep the match. If you haven't saved throughout your lifetime, you generally can't make up for it by investing in high-risk and potentially high-reward funds close to retirement. "It's hard to make up for a lack of saving in a couple of years," says Christenson. "It's taking a huge risk and it usually works against people."

Fail to protect your savings. As you approach retirement, you should shift your focus from growing your nest egg to protecting it. "When you get within five or 10 years of retirement, you need to start reducing your risk," says Christenson. Consider shifting some of your assets into more conservative investments. Avoid loans and early withdrawals from retirement accounts, the latter of which come with a 10 percent tax penalty and regular income tax on the amount withdrawn. Also, try to minimize the fees and taxes deducted from your retirement savings. Shop around for low-cost investments, contribute as much as possible to tax-advantaged traditional and Roth retirement accounts, and develop a retirement account withdrawal strategy that minimizes the income taxes you pay as you take money out.

Neglect to support a surviving spouse. One spouse often lives considerably longer than the other. "You don't want the unhealthy spouse to use up all your assets and leave the healthy spouse destitute," cautions Joe Luby, a certified financial planner and president of Financial Solutions Inc., in Las Vegas. Find out what your survivor's payments will be from Social Security and any pension or annuity plans you have. If that won't be enough support for the surviving spouse, you may want to purchase life or long-term care insurance. Your retirement savings needs to last throughout both of your lifetimes.

New Free Report! A Guide To Alzheimer's Care

blog@www.shieldsandboris.com (news Author)16550 — Tue, 27 Jul 2010 08:00:00 EST

Planning for someone who has Alzheimer's disease can be complicated. Proper planning in advance can help alleviate many frustrations as the disease progresses. It is my desire as an elder law attorney to make this difficult process as easy as possible for you so that you can concentrate on giving your loved one the care he or she needs. That's why we've created this new report: A Guide to Alzheimer's Care.

The time to act is now. With proper planning, you will insure that things are handled according to your wishes and that you've taken the best steps possible to protect your loved ones and to protect your family's financial security.

Imagine the peace of mind you will have when you stop reacting to your situation, and start putting into place a positive action plan which will allow you to protect yourself and your loved ones.

Three Things To Consider When Hiring Private Caregivers For Someone With Alzheimer's Disease

frank.jackson@gmail.com (blog Author)35886 — Tue, 27 Jul 2010 08:00:00 EST

1. Someone will need to obtain references and monitor the work closely. Many of these workers are first rate and provide excellent care; however, be sure that the workers being hired are trustworthy. Criminal background checks can be obtained through state police.

2. Schedule will need to be completed and a contingency plan agreed to by all workers. What if someone needs a day off, calls off sick, or just does not report for work?

3. Who is responsible for the tax withholding? Generally, if the people hired to work are in the patient's home and directed by the patient (or the patient's family member/caregiver) about the worker' duties and work hours, the workers are employees and not independent contractors. The family member/caregiver should talk with the patient's accountant regarding the income tax issues.

Secrets To Happy Retirement

frank.jackson@gmail.com (blog Author)35806 — Mon, 26 Jul 2010 08:00:00 EST

Some folks transition seamlessly into a happy retirement and get right to the business of enjoying their new lives. But other people have a tougher time entering the retirement years. Some of these folks may wonder whether they are really cut out for retirement at all. Here are some traits happy retirees share.

A social network. A Greenwich study found that having friends was far more important to retirement bliss than having kids. Those who have strong social networks are 30 percent happier with their lives than those without a strong network of friends. Having kids or grandkids had no impact on a retiree's level of contentment.

They are not addicted to television. After you retire you will have lots of time to fill. If you want to be happy in retirement, don't fill that time with endless hours of television. Heavy TV viewers report lower satisfaction with their lives, according to a 2005 study published by the Institute for Empirical Research in Economics in Zurich. The same results were found again in 2008 by researchers at the University of Maryland. In that study, a direct negative correlation was found between the amount of TV watching and happiness levels: unhappy people watched more TV and happy people watched less.

Intellectual curiosity. Adults over 70 who choose brain-stimulating hobbies over TV watching are two and a half times less likely to suffer the effects of Alzheimer's disease, according to Richard Stim and Ralph Warner's book Retire Happy: What You Can Do Now to Guarantee a Great Retirement. Not only will shunning TV make you happier, it will make you healthier. Good health will in turn make you happier -- a not-so-vicious cycle.

They aren't addicted to achievement. The more you are defined by your job, the harder it will be to adjust to life without it. According to Robert Delamontagne's book The Retiring Mind: How to Make the Psychological Transition to Retirement, achievement addicts have the most difficulty transitioning to retirement.

Enough money. Of course you'll need enough money to support your chosen lifestyle in retirement. But beyond that, more money will not make you happier. The Watson Wyatt survey found that the absolute amount of money you have for retirement is less important than how your retirement income compares to your income before retirement. If you have enough to continue your pre-retirement lifestyle, you have enough.

How Britain Plans to Confront Its Long Term Care Crisis

blog@www.shieldsandboris.com (news Author)16359 — Tue, 20 Jul 2010 08:00:00 EST

Andrew Lansley, health secretary, has told the commission that its recommendations must reflect principles of choice and fairness and must offer value for money and be sustainable in the context of an ageing population. Crucially, they must "be consistent with the government's deficit reduction plan".

The remit also requires the commission to take account of the government's welfare reform plans, examining "the interaction between the social care system and the GB-wide benefit system".

This suggests that the commission may re-examine disability living allowance and attendance allowance, despite the Tories' fierce criticism of Labour for having contemplated merging such benefits into discretionary personal budgets.

Dilnot said: "With more people living longer, we urgently need to find a fair and sustainable way to pay for the care which many of us will need. There are not going to be any easy answers, and I know that difficult decisions will have to be made."

The commission's composition was widely welcomed. Michelle Mitchell, charity director of Age UK, the leading older people's charity, said: "We look forward to working with the commission on the Herculean task of finding radical but workable solutions for funding our care system.

"Amidst an uncertain economic climate, an ever-increasing number of people requiring care, and rising care costs, millions of people in England are literally counting on the commission to ensure we have a care system that is fair and affordable to all who need it."

Martin Green, chief executive of the English Community Care Association, representing larger care providers, said it was imperative that the commission acted swiftly.

"It is our hope that this commission will not revisit the debates about options, but will come up with a conclusion that will deliver the necessary funding that is required for long-term sustainability and innovation in care."

Free Webinar From Pennsylvania AARP

frank.jackson@gmail.com (blog Author)35448 — Tue, 20 Jul 2010 08:00:00 EST

Click on the highlighted links to take you to the actual articles...

New health care bill free webinar from Pennsylvania AARP, July 28 from 7:00 - 8:00 p.m. EST. Register at www.aarp.org/healthlawwebinars

Here are several activities that can be done independently or in small groups with most, early to mid-stage, dementia folks

Before you begin to design or use an activity with persons with Alzheimer’s disease or a related dementia, it is of the utmost importance that you know their likes and dislikes. You should know their strengths and weaknesses. Also helpful is knowledge of the persons’ past life and experiences.

When It Comes To Aging, Real is Really In

Over the past decade, our eyes have become accustomed to funny looking kids who talk to us from our TV sets -- those E-trade babies are a big hit. Funny looking, is the new adorable. If we got used to seeing more realistic images of midlife men and women, perhaps we'd feel the same way about how we view the visual changes brought on by aging. None of us -- even the most beautiful of women -- is immune. Perhaps we would come to admire how we earned those lines by putting the spotlight on just the right places.

A New Pumping Device Brings Hope For Dick Cheney

... Former Vice President Dick Cheney is recuperating from surgery to implant the kind of mechanical pump now being given to a small but growing number of people with heart failure so severe that they would most likely die within a few months without it.

Rendell Says States Unlikely To Get Extra Medicaid Funds

blog@www.shieldsandboris.com (news Author)16267 — Fri, 16 Jul 2010 08:00:00 EST

There is “less than a 50-50” chance Congress will approve the $11.6 billion in extra federal Medicaid assistance U.S. states have included in their current budgets, Governor Ed Rendell said today.

Rendell, 66, called the denial of funding “a disaster” in an interview with Erik Schatzker on Bloomberg Television’s InsideTrack today. He said he spoke about the issue last night with Senate Majority Leader Harry Reid, a Nevada Democrat.

Faced with concern that the federal deficit is swelling, the Senate twice has failed to generate the 60 votes needed to bring the proposal to a vote. The loss of the extended Medicaid funding will cost more than 200,000 government jobs, according to Mark Zandi, chief economist of Moody’s Analytics Inc.

In Pennsylvania, Rendell said 20,000 teachers, police and government workers will be fired if the $848 million in extra federal aid included in his $28 billion budget isn’t approved.

Click Here For the Entire Story

Click Here To Order Our Free Report: The Consumer's Guide To Medicaid Planning

12 Strategies to Prevent Alzheimer's

frank.jackson@gmail.com (blog Author)35307 — Fri, 16 Jul 2010 08:00:00 EST

Scientists are reporting advances in detecting and predicting Alzheimer's disease at a conference in Honolulu this week, plus more proof that getting enough exercise and vitamin D may lower your risk.

There are better brain scans to spot Alzheimer's disease. More genes that affect risk. Blood and spinal fluid tests that may help tell who will develop the mind-robbing illness and when.

Click Here For a Slideshow designed to show 12 Strategies For Enhancing Brain Health

Ask These Ten Questions Before Going Into a Retirement Community

frank.jackson@gmail.com (blog Author)34538 — Fri, 02 Jul 2010 08:00:00 EST

Retirement communities offer some excellent solutions to problems we encounter as we age. However, entering a community can be a major investment and can present risk if the community is not examined carefully in relation to the needs of the prospective resident. Prospective retirement community residents and their financial and legal advisors who ask the following ten questions will be much better able to tell if the community is the right fit.

1. What does the Disclosure Statement say?

2. What does the Service Agreement say?

3. Who controls the community?

4. What is the financial strength of the community?

5. Is the community accredited?

6. What is the community's Center for Medicare Services "Star Rating"?

7. What is the resident satisfaction?

8. How do the community's services fit in with the prospective resident's long term care insurance program?

9. What have the fee increases been over the past 5 years?

10. Finally, how does the community look and feel?

It goes without saying that the prospective resident should visit the community. Many communities have extended visit programs and are worth taking a advantage of.

Upcoming Client Seminars

blog@www.shieldsandboris.com (news Author)15834 — Mon, 28 Jun 2010 08:00:00 EST

Recently, we sent letters to each of our past clients inviting them to a free brand new seminar we've created for past clients only titled: "How the Government's New Healthcare Law and Medicaid Law Changes Affect You".

We believe it's important for all of our clients to know how recent law changes may have affected your estate plan. You need to understand these critical changes, and get answers to your questions in order to take vital action. This workshop is exclusively for clients only who have not updated or visited us since 2007. At the workshop we will explain the following:

                   - How the Government's new healthcare law affects you

                   - What you must do now to protect your home and assets under the new laws

                   - How Pennsylvania Medicaid now "looks back" at your assets and how theineligibility

                      periods affect you

                   - Little known tax-free Veteran Benefits worth as much as $1,949 per month that may be

                      available to help you pay for care.

Check out our seminar page for location, date and times

News About Veterans Today

frank.jackson@gmail.com (blog Author)33057 — Tue, 08 Jun 2010 08:00:00 EST

Came across some great reads regarding todays Veterans...

Older veterans with post-traumatic stress disorder (PTSD) appear more likely to develop dementia over a seven-year period than those without PTSD, according to a report in the June issue of Archives of General Psychiatry.

Four local Veterans of World War II received the French Legion of Honor for helping to liberate France from the Nazis. One of those Veterans, Francis Culotta of Whitehall, Pa sat down recently and recalled some of his experiences overseas.

"Unfortunately there are many scammers who prey on veterans when they are most vulnerable. Make sure anyone who assists you is VA certified."

US banking and financial institutions have facilities dedicated to veterans for home loans. The Veterans Administration insures these facilities to give assistance to military personnel who saw the war. Lenders willingly grant such loans that are guaranteed by the VA in the event the borrower defaults in making repayments.

When injured veterans return from war, they don't always get top rate care. Most VA Medical Centers are based in urban areas, but the majority of veterans live in rural towns, noted Alan Petrazzi, MPT, MPM, rehab manager for the VA Pittsburgh Healthcare System. A single physical therapy session could require a four-hour round trip. That costs time and money--neither of which the veteran may be able to afford. The travel is distressing to any veteran, but doctors are particularly concerned about patients with PTSD. In light of these problems, the VA is exploring new ways to deliver care...

Recent Round-Table With Geriatric Care Workers on Elder Law Topics

blog@www.shieldsandboris.com (news Author)15313 — Wed, 02 Jun 2010 08:00:00 EST

Tuesday night Elder Law Attorneys James Shields and Tom Boris were guest speakers at a Geriatric Care Managers workshop held at Sunrised Assisted Living in McClandess. It was a wonderful, informal gathering of workers in the Geriatric Care industry, on topics of Elder Law that are most pertinent to today's real-world caretakers. From discussing issues in the difference between medical and legal determination of competence, to recent law changes regarding the Medicaid look back period, to mutual frustrations with the general state of care for our elderly citizens, it was an engaging and enlightening back and forth discussion. By the end, we had gone way past our scheduled time, and it occured to us that next time it might be beneficial to bring a recording device and put our discussion on our web site. We hope to provide even more expert tips and insight from our experienced Elder Law and Estate Planning Attorneys on what you, the average caretaker should be aware of when it comes to planning for long term care.

Coming June 1st: Infomercial starring Pittsburgh Elder Law Attorneys

blog@www.shieldsandboris.com (news Author)14944 — Tue, 18 May 2010 08:00:00 EST

Very exciting news from our office, beginning June 1st and running all throughout the month on Comcast channel 190, will be our new infomercial titled: Ask-A-Lawyer - and starring Pittsburgh/Wexford Elder Law Attorneys James Shields and Tom Boris!

The Attorneys are experts on the legal and financial issues facing Elder Law, matters that involve plans for Adult Care, Estate Planning, Probate, Inheritance Taxes, the list goes on. If you haven't been able to attend one of their many seminars in the Western Pennsylvania region, consider this an opportunity to become familar with information regarding practical matters that are so important to plan for. Below is the scheduled airings for the month of June on COMCAST CHANNEL 190.

TUESDAY, JUNE 1ST - 8PM

WEDNESDAY, JUNE 2ND - 5:30PM AND 8PM

THURSDAY, JUNE 3RD - 5:30PM AND 8PM

FRIDAY, JUNE 4TH - 5:30PM AND 8PM

SATURDAY, JUNE 5TH - 4:30PM AND 7:30PM

SUNDAY, JUNE 6TH - 4:30PM AND 7:30PM

MONDAY, JUNE 7TH - 5:30PM AND 8PM

TUESDAY, JUNE 8TH - 5:30PM AND 8PM

WEDNESDAY, JUNE 9TH - 12PM AND 6PM

THURSDAY, JUNE 10TH - 4:30PM AND 7:30PM

FRIDAY, JUNE 11TH - 5:30PM AND 8PM

SATURDAY, JUNE 12TH - 5:30PM AND 8PM

SUNDAY, JUNE 13TH - 4:30PM AND 7:30PM

MONDAY, JUNE 14TH - 5:30PM AND 8PM

TUESDAY, JUNE 15TH - 5:30PM AND 8PM

WEDNESDAY, JUNE 16TH - 12PM AND 6PM

THURSDAY, JUNE 17TH - 4:30PM AND 7:30PM

FRIDAY, JUNE 18TH - 5:30PM AND 8PM

SATURDAY, JUNE 19TH - 5:30PM AND 8PM

SUNDAY, JUNE 20TH - 4:30PM AND 7:30PM

MONDAY, JUNE 21TH - 5:30PM AND 8PM

TUESDAY, JUNE 22TH - 5:30PM AND 8PM

WEDNESDAY, JUNE 23RD - 12PM AND 6PM

THURSDAY, JUNE 24TH - 4:30PM AND 7:30PM

FRIDAY, JUNE 25TH - 5:30PM AND 8PM

SATURDAY, JUNE 26TH - 5:30PM AND 8PM

SUNDAY, JUNE 27TH - 4:30PM AND 7:30PM

MONDAY, JUNE 28TH - 5:30PM AND 8PM

TUESDAY, JUNE 29TH - 5:30PM AND 8PM

WEDNESDAY, JUNE 30TH - 12PM AND 6PM

CHECK BACK FOR FURTHER LISTINGS

How To Avoid Wasteful Spending On Health Care

blog@www.shieldsandboris.com (news Author)14418 — Thu, 29 Apr 2010 08:00:00 EST

If we are aware of it or not, we often are our worst enemy when it comes to wasteful spending, particular on matters of health care.

The new research, part of the 2009 Drug Trend Report produced by Express Scripts, identifies five behavioral profiles that contribute to wasteful spending in health care:

The Active Decliner: the patient who says she feels fine most of the time and questions whether taking her medication is really necessary.

The Refill Procrastinator: the patient who gets distracted, runs out of time and fails to refill his prescription before the medicine runs out.

The Sporadic Forgetter: the patient who remembers to take her medications during the week, but gets off schedule on the weekends and simply forgets.

The Loyalist: the patient who uses brand-name medications because that's what the doctor first prescribed. He is slow to ask his doctor about changing to a lower-cost generic drug.

The Traditionalist: the patient who routinely goes to the store for other items and enjoys the personal contact, but has never made a deliberate decision about whether to switch to Home Delivery (i.e., mail order) for her medications.

According to the report, three simple behaviors can help achieve savings:

Adhering to the prescribed drug therapy (thereby avoiding the medical expenses associated with non-adherence).

Choosing the more cost-effective drug, including lower-cost brand and generic alternatives, when appropriate for the therapy.

Finally, identifying the most appropriate channel for delivery of the drug to the patient (mail order, for example) can save $6 billion a year.

Finding Tips On Estate Planning at the Theatre

frank.jackson@gmail.com (blog Author)30784 — Thu, 29 Apr 2010 08:00:00 EST

Journalist Patti Spencer went to see "Cat On A Hot Tin Roof" and came away with some wonderfully insightful tips on estate planning that anyone can apply.

Here is one of her tips:

As the family quarrels and postures, trying to gain control of Big Daddy's estate, we are given lessons in human nature, family dynamics and estate planning:

1. Make your will now. Big Daddy couldn't decide whether to leave the plantation to older son Gooper, whom he hates, or younger son Brick, whom he loves but knows is an alcoholic

"I didn't make up my mind at all on that question and still to this day I ain't made no will! Well, now I don't have to. The pressure is gone. I can just wait and see if you pull yourself together or if you don't."

While Big Daddy thinks the report shows he'll live, the audience knows it's likely he is going to die without a will.

Don't wait until there is a crisis situation to make a will. If drafted in response to a crisis, the disposition of your estate may not be the result of thoughtful, careful consideration but a knee-jerk reaction influenced by the situation.

Elder Independence: Developing Your Own Personal Health Care Goals

frank.jackson@gmail.com (blog Author)30360 — Thu, 22 Apr 2010 08:00:00 EST

As health care and the health care system grow increasingly--and sometimes frustratingly--complex, we are often faced with a welter of options for treatment and care that are, essentially, equally valid in the abstract. It is only when we overlay on these options our own health care goals that the most appropriate personalized course of treatment becomes clear.

This is acutely important as we age, or as we become responsible for loved ones who are aging. Whenever I discuss elder independence, the first question I ask is: How do you define independence (whether for yourself or for an aging parent)?

Elder Care Insider Ilaina Edison wrote a very nice article on this subject, which is excerpted below, including a link to the original story:

You can use personal goals as a blueprint for all aspects of health care. If you are given several treatment options for allergies, for example, determine your own goals. Maybe you're thinking: My allergies keep me up all night, and I can't function the next day. I need something that will help me sleep. Or maybe: I need to be my best at work, so I need treatment that will not make me drowsy.

"I have often thought about this question of goals and how handy it is," Susan said to me recently, almost a year after our initial conversation, "whether dealing with a medical situation or as a caregiver speaking for someone else. It may sound like a simple question, but it is a showstopper and it forces clarity on a situation."

Tips for Developing Personal Health Care Goals

Identify small, achievable goals. As an obese diabetic with hypertension, Judith started with the goal of being able to walk 30 steps. As my colleague Gail Silver, Vice President of VNSNY's Long Term Home Health Care Program, says, "Small wins are oh so important."
Think "emotional connection." My father's stroke rehabilitation focused on not objective milestones but an emotional tie with his dog.
Engage your (or your loved one's) support system. For Susan, the supportive staff in her mother's assisted-living facility played a key role in her mother's comfort.

Click Here For Entire Story

Update on the Status of Federal Estate Tax

frank.jackson@gmail.com (blog Author)30071 — Fri, 16 Apr 2010 08:00:00 EST

Houston gas pipeline mogul Dan Duncan was the 74th richest person in the world when he died on March 28. If he’d passed away three months earlier or ten months later, his $9 billion estate could have generated up to $4 billion for the IRS. But because there’s no federal estate tax this year, the government gets nothing.

As the first billionaire to die in this year without an estate tax, Duncan presents a tempting opportunity for a revenue-strapped Congress to follow through on threats to reinstate the tax for 2010 and possibly even make it retroactive to the beginning of the year.

However, probate gurus say the sheer amount of money on the table makes a retroactive tax more unlikely. Big estates mean big lawyers ready to fight to see those billions of dollars go to the deceased’s heirs, and the headaches could go on for years.

“Unless Congress acts this year, the federal estate tax will be reinstated on January 1, 2011, with a $1 million exclusion amount and a maximum 55% estate tax rate,” says attorney Barbara Bellin Janovitz, estate planning practice chair at Reminger Co., LPA. For people trying to plan ahead and allocate their assets wisely, this uncertainty can be frustrating and potentially very expensive.

Contact us for a FREE consultation to create or evaluate your Estate Plan, and see how the status of the Federal Estate Tax affects you.

Exciting, New Partnership With Eldercare Consultants

blog@www.shieldsandboris.com (news Author)14084 — Thu, 15 Apr 2010 08:00:00 EST

For legal and financial answers to questions involving long term care, we provide expert ideas for your estate plan and financial portofolio. But we know there are many other questions, concerns, and complications facing caregivers today. Thats why we've partnered a relationship with personalized eldercare solution consultants, Age and Dignity Consulting, LLC.

Age and Dignity Consulting is committed to enhancing the well-being and dignity of our senior citizens with personalized and appropiate eldercare solutions. As seniors age, they are confronted with care needs that challange their independence and lifestyle choices. Sometimes, a sudden health event requires a quick decision about short and long-term care options. Frequently, though, a slow progression of need may develop with a chronic health concern so strategies for care are slowly implemented. Whether one suffers from a sudden health change or chronic Illness the vital decision about eldercare options can either enhance one's well-being or cause additional distress. Age and Dignity Consulting LLC is commited not only to find a personalized and appropriate eldercare solution for your loved one but also to respect and preserve their dignity as well. We'll have more information about our partnership, and their services in future articles.

Health Care Reform 101: What Does It Mean For Seniors, Medicaid

blog@www.shieldsandboris.com (news Author)13790 — Wed, 31 Mar 2010 08:00:00 EST

Many senior citizens worry about the effect that the health care reform bill may have on them. After all, they generally use the health care system more than do younger people. And those living on fixed incomes may have little leeway in their budgets to help if their health costs rise.

Here are some specifics on these changes:

Medicare cuts

Under the healthcare reform bill, government payments to Medicare Advantage – plans that are run by private insurers such as Humana and are an alternative to traditional Medicare – will be cut by $132 billion over 10 years. (Those plans currently get somewhat more per person from the government than traditional Medicare does.)

Medicare Advantage plans often offer extra benefits that seniors in traditional Medicare don’t get. It is possible that these extras will be dropped as Medicare Advantage plans feel a budget squeeze.

In most areas of the United States, this reduction will be phased in over three years, beginning in 2011, although in some places it will take longer.

The bill does not contain cuts to traditional Medicare benefits. However, Medicare payments for home healthcare would be reduced by $40 billion between now and 2019. And certain payments to hospitals would be cut by $22 billion over that same period.

Medicare enhancements

The bill would bolster the existing Medicare prescription-drug benefit by addressing part of its “doughnut hole” problem.

Right now, after a senior has spent $2,700 on drugs in a year, coverage stops until that same person has spent $6,154 on drugs, when it starts up again.

Hence the “doughnut hole” nickname.

Beginning in 2010, people who fall into this hole will get $250 from the government to help. Thereafter, according to the bill, the US will gradually increase the percentage of drug costs it pays within this gap. By 2020, the US will pay 75 percent of senior drug costs between $2,700 and $6,154.

Medicare will also begin to pick up the tab for annual wellness visits.

For Rest of Story Click Here

"Do I Qualify For Financial Assistance For Nursing Home Care?"

frank.jackson@gmail.com (blog Author)29135 — Mon, 29 Mar 2010 08:00:00 EST

If you have a spouse or loved one in a nursing home, you may be able to ...

                  - Reduce or even eliminate your nursing home bills;

                  - Protect your lifesavings you worked so hard to earn;

                  - Increase the amount of income you actually get to keep;

                  - Pass on an inheritance to your children (without vulnerability);

                  - Save the family home or any other important family assets.

It's true! In many situations, there are ways to reduce or even eliminate your nursing home bills - sometimes without even spending down to qualify for financial assistance. Get a FREE, no obligation consultation today to find out!

Michael Jackson Estate Makes Land Mark Estate Deal With Sony

frank.jackson@gmail.com (blog Author)28329 — Tue, 16 Mar 2010 08:00:00 EST

The Estate of Michael Jackson landed a deal yesterday with Sony for a reported $200 million. The landmark deal could even progress to as much as $250 million by the year 2017. Most of the money though will go to pay his enormous debt, estimated at around $400 million dollars. This announcement comes as the circumstances around his death are still being litigated, his doctor Conrad Murray is due in court April 5 on charges of involuntary manslaughter.

The Growing Rate of Dementia and Alzheimer's

blog@www.shieldsandboris.com (news Author)13313 — Tue, 09 Mar 2010 08:00:00 EST

The United States is currently experiencing the early stages of what is expected to be an epidemic of Alzheimer's Dementia. It is predicted that the current number of cases of Alzheimer's Dementia will double by 2020, and double again by 2040. Some unfortunate individuals are born with genes that strongly predispose them to developing Alzheimer's Dementia. However, this is true for only a minority of people.

Click Here for the Entire Article

Caregivers: Take Care Of Yourself First

frank.jackson@gmail.com (blog Author)27948 — Tue, 09 Mar 2010 08:00:00 EST

Jeanine was surprised when she heard her title of "caregiver" "I'm just a daughter taking care of my mom," she replies. But, when probed further, Jeanine admits to feeling weary. "I haven't been to the gym in two months and I've gained some weight. And my back is killing me."

In our contact with our clients, we often hear similar stories, and similar feelings. Caregiving is too often cast aside as just apart of daily routine, when actually, there is a large community of caregivers struggling with the same issues. It's important to give yourself the credit you deserve, and to also find encouragement by connecting with other caregivers for support.

For Western Pennsylvania residents, you can click here to begin your search for support.

Many caregivers do not live close enough to visit their family members frequently, so they end up juggling air travel, jobs, and their own families, while struggling constantly with feelings of guilt and inadequacy. Tell yourself you are doing the best you can, because in order to take care of someone else, you first have to take care of yourself.

2010 Blizzard and the Ghosts of Winters Past

frank.jackson@gmail.com (blog Author)26586 — Thu, 11 Feb 2010 08:00:00 EST

The blizzard of 2010 has certainly rocked the Western Pa region. Some are still struggling to dig themselves out, and the elderly are especially faced with various problems dealing with the conditions. It's each neighborhood's responsibility to look after your fellow-man, especially those who need care the most. See if you can do some shovelling, go to the grocery store for them, or offer any other help. No one will ask for help, we should take the initiative to do whatever we can.

Here's a reminder from the Pittsburgh Post Gazette about the ghosts of winters past.

The storm of 2010 will claim its place in the record books, but for many North Hills residents, it has prompted memories of major snowstorms gone by, most notably those that arrived Thanksgiving weekend in 1950 and on March 13-14, 1993.

Snow began to fall on the day after Thanksgiving, 1950, and didn't quit until 27.4 inches later. In 1993, a later winter blizzard blew in 23.8 inches of snow.

George Klinzing of Richland remembered the storm of 1950 well: His brother, Jack, was getting married. "The snow had just started and he was able to get married. They even got to their honeymoon, which was up north," he said.

His family lived in Hampton and the day after the wedding, they were snowed in. "I remember skiing to the local store to get supplies," he said, "They just didn't have the equipment to clear the roads like we do now."

He also helped to dig out his neighbors, including a dairy farmer.

Let it snow! Pittsburgh Extends Property Tax Deadline

blog@www.shieldsandboris.com (news Author)12731 — Tue, 09 Feb 2010 08:00:00 EST

Due to road conditions and the expectation of more snow today, the deadline for paying city of Pittsburgh property taxes with a 2 percent discount will be extended, likely until month's end.

The deadline had been set for Wednesday. City officials confirmed the extension in an e-mail to council members today.

Allegheny County's deadline for paying property taxes with a 2 percent discount is March 31

Estate Tax, Medicaid, Social Security Changes Ring In New Year

blog@www.shieldsandboris.com (news Author)12201 — Wed, 13 Jan 2010 08:00:00 EST

The new year brings with it several major tax changes that will have an impact on your tax returns. There’s both good news and bad news in 2010’s new rules and in what lies ahead:

-- The Medicare Part B premium will remain at $96.40 a month for about 75% of Social Security beneficiaries, thanks to a law that prevents Part B hikes when there is no cost-of-living adjustment. But the premium goes up to $110.50 a month for folks who sign up for Part B in 2010 and for those whose premiums are paid by Medicaid. Upper income seniors will pay even higher amounts. Singles with AGIs exceeding $85,000 and couples with AGIs over $170,000 will owe a fee based on their 2008 AGI, plus any tax-exempt interest, EE bond interest used for education and excluded foreign earned income. The maximum monthly premium of $353.60 is nearly four times the basic monthly charge.

-- The estate tax and the generation-skipping tax both disappeared on Jan. 1, and the top rate on the gift tax dropped to 35%. The downside: Also taking effect is a rule that replaces the date-of-death value rule as the basis for inherited assets with a system that starts with the decedent’s basis. Under that carryover basis regime, when the inherited assets are sold by heirs, they could exclude up to $1.3 million of gain -- $4.3 million for surviving spouses. The estate tax won’t stay dead for long, however: Congress is expected to reinstate it and the generation-skipping tax retroactively, and get rid of the carryover basis regime. But a return to last year’s $3.5-million estate tax exemption and 45% rate isn’t assured. A group of Senate Republicans and moderate Democrats will fight hard for a $5-million exemption and 35% top rate, and they may get their way.

For businesses:

-- The Social Security wage base remains at $106,800 in 2010, the first time it hasn’t budged since 1971. The reason: The law doesn’t allow the wage base to rise if there’s no cost-of-living increase in Social Security benefits. The tax rates won’t change, either: 6.2% for FICA tax and 1.45% for Medicare. Self-employed folks pay 15.3% on the first $106,800 of their net earnings and 2.9% on any amounts above that. But the relief is likely to be short-lived: There will be a whopping increase in the wage base when the next benefit hike takes effect.

Click Here For Entire Article

Health Care Debate: Long Term Insurance Overhaul

blog@www.shieldsandboris.com (news Author)12076 — Tue, 05 Jan 2010 08:00:00 EST

Congressional Democrats and President Barack Obama began work in earnest Tuesday on difficult issues still standing in the way of their national health care overhaul after months of tortuous debate. Topping the list: How to help Americans pay for insurance premiums.

Click here for entire article

Caregivers: For First Time State Looks To License Home Care Agencies

blog@www.shieldsandboris.com (news Author)11720 — Wed, 16 Dec 2009 08:00:00 EST

Hundreds of home care agencies that assist elderly or disabled individuals with basic tasks such as dressing, bathing and housekeeping are about to fall under state scrutiny for the first time.

Though some new costs are involved for the industry, Pennsylvania Homecare Association Executive Director Vicki Hoak said they bring basic consumer protections that are justified.

And she noted a benefit will be realized from having the licensed agencies all listed eventually on the state health department's Web site, to help consumers find them.

"I think the timing is good," Ms. Hoak said. "As Pennsylvania's elderly population grows, this whole consumer movement to remain at home as long as possible, to age in place, has made the demand for these services really strong."

Stacy Mitchell, the health department's deputy secretary for quality assurance, said state officials have been in contact with more than 400 agencies they know of that fall under the new regulations, but twice that number may exist in the state. The department is trying to spread the word and have all agencies apply for a license by a Feb. 10 deadline.

The state is not out to punish those that do not comply, Ms. Mitchell said, but if agencies ignore requests to apply for licensing, they could face cease-and-desist orders.

"Our goal is to get them licensed or put them out of business," said Ms. Mitchell, noting the department is counting on licensed facilities following the rules to report any competitors they know of who ignore the new requirements after Feb. 10.

Free Asset Protection Seminar For Anyone Considering Long Term Care Planning

frank.jackson@gmail.com (blog Author)23535 — Wed, 16 Dec 2009 08:00:00 EST

If you have a loved one who is considering, or already in a nursing home, it's important you attend our free seminar on the legal and financial matters concerning long term care. Procrastination in the number one mistake people make when it comes to long term planning. Don't let it happen to you!

Attendance to this informative seminar is free, but seating is limited. You can reserve your spot by calling 1-800-459-1843. Take the first step toward peace of mind in knowing your affairs are in order.

You'll want to attend our FREE seminar because you need to know the answers to matters such as:

How do I avoid having my life savings wiped out by a nursing home spend-down?

How do the new laws restrict protection of assets?

What needs to be in place in my Power of Attorney documents to protect my life savings?

How does Medicaid work... and what steps do I need to take now to protect myself and my family under the new rules?

How Veterans can qualify for hidden benefits that most people know nothing about.

Presented by:

Elder Law Attorney – Jim P. Shields, Esquire
Elder Law Office of Shields and Boris
109 VIP Dr. Suite 102
Wexford, Pa 15090
www.shieldsandboris.com

Read More Here: http://www.facebook.com/editevent.php?new&gid=134524326404&step=2&eid=203386189302#/event.php?eid=203386189302&ref=mf

Medicaid and Caregiving: Who Are the Ones Taking the Lead?

frank.jackson@gmail.com (blog Author)23440 — Tue, 15 Dec 2009 08:00:00 EST

We’re still, in most cases, female.

We’re still likely to be employed, usually full time.

We spend an average of 19 hours a week at this second job, caring for our older relatives.

Every few years, the National Alliance for Caregiving and AARP team up to survey the nation’s family caregivers and produce a massive, highly detailed study funded by Metlife. The first of these reports appeared in 1997, the next in 2004. The latest, released this week, provides an interesting picture of what’s changed in five years and what hasn’t.

The overall report, “Caregiving in the U.S. 2009” [pdf], includes people taking care of family members of any age, including children with special needs. But the researchers, helpfully, have also published a companion study of people caring for adults over 50.

It shows that elder care remains primarily women’s work and that most caregivers continue to juggle unpaid caregiving and paid work.

What’s changed? The people we take care of are older. In 2004, the proportion of elders over age 75 was 55 percent; now it’s 63 percent. We’re older, too: caregivers’ average age rose from 48 to 50. Unsurprisingly, then, a higher proportion are caring for seniors with Alzheimer’s disease and other forms of dementia.

But we have less paid help. The proportion whose older relatives had aides, housekeepers or other paid workers dropped to 41 percent from 46 percent; the use of paid help also declined among all caregivers. The data don’t specify why families use less paid caregiving, but AARP’s Elinor Ginzler pointed to the most plausible explanation.

“Likely, this is related to the economy,” Ms. Ginzler said this week. “They can’t afford it.”

Read the entire article here: http://newoldage.blogs.nytimes.com/2009/12/09/who-we-are-now/?scp=3&sq=caregiving&st=cse

Medicaid Compromise in Health Care Bill On the Chopping Block

frank.jackson@gmail.com (blog Author)23441 — Tue, 15 Dec 2009 08:00:00 EST

Lieberman, an independent from Connecticut, told Majority Leader Harry Reid (D-Nev.) on Sunday that he will block any bill that includes the buy-in. As the 60th vote needed to overcome a Republican filibuster, he can do that.

Following a caucus-wide meeting Monday evening, the measure was all but scuttled.

"It's looking like that's the case. I can't guarantee it. At this point, at this stage, that seemed to be the case," acknowledged Finance Committee Chairman Max Baucus (D-Mont.). Asked why it had been dropped, he said, "I didn't confirm that now. It's just a matter of getting support from 60 senators."

Read the entire article here: http://www.huffingtonpost.com/2009/12/14/lieberman-medicare-senate-health-care_n_391997.html

Avoid Pitfalls of Medicaid

frank.jackson@gmail.com (blog Author)23233 — Fri, 11 Dec 2009 08:00:00 EST

There are some important things to consider before applying for Medicaid for long term care. There is a look back period in which Medicaid will not only verify current assets, but all assets over the last 5 years. Simply put, it is not considered acceptable for considerable assets to disappear without coming under intense scrutiny. An experienced elder-law attorney can be utilized to assist families and individuals in setting up trusts and legitimately spending down their assets in order to meet eligibility requirements. Medicaid also has an estate recovery clause that mandates for individuals age 55 or older, states are required to seek recovery of payments from the individual’s estate for nursing facility services, and those enrolled in a Home and Community Based Services Waiver Program. A Medicaid recipient’s assets from his/her home will not be recovered while a spouse is living there. In addition setting up a survivorship deed for a spouse can exclude a home from being recovered even after the surviving spouse has passed.

Since Medicaid is administered at the state level, eligibility criteria will vary depending on the state in which one lives. As a general rule, Medicaid recipients applying for long term care must meet the following criteria:

Limited income. Income eligibility criteria will vary from state to state (long term care Medicaid for your State may have a higher income allowance than straight Medicaid).
Limited assets. Most States limit assets to around $2,000, however an individual may own their home and a vehicle.
Functional eligibility. In order to be eligible for long term care benefits, applicants must meet a certain criteria. Generally speaking, they must demonstrate that their is a true need for day to day assistance, that renders them unable to remain independent on their own.

You can speak with an experienced Elder Law and Estate Planning Attorney by contacting Shields and Boris Law Firm at (800) 879-0984 for a FREE consultation.

How To Describe Pain in a Social Security Disability Case

frank.jackson@gmail.com (blog Author)23092 — Tue, 08 Dec 2009 08:00:00 EST

Even though you live with your pain every day, the Social Security technician or the disability examiner doesn’t know what you are going through, and they won’t know, unless you can tell them. You may feel like yelling,

You don’t know what I go through every day!

And you would be right. No one really knows what it is like to be in another person’s skin. But, when you are applying for Social Security benefits, you have to do your best to communicate the quality of your pain.

Here are some areas to describe:

Excerpt from Social Security Insider: (click for entire article)

- Congress is currently discussing expansion of Medicare and Medicaid, such as lowering the age to apply for Medicare to 55 instead of 65.

- "The most elaborate juggling acts today are performed by women holding down jobs while caring for aging parents, running their own households and still caring for their own children and grandchildren, according to a comprehensive report on caregiving released today."

- Ever wonder what a Senior Adult Hip Hop Choir would sound like:

* There actually is a long history of rappin' Seniors:

* And perhaps my personal favorite:

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (blog Author)22835 — Thu, 03 Dec 2009 08:00:00 EST

- "Of all the Alzheimer's-related research Pitt is involved in, Dr. Lopez says, "This is the most important. This is No. 1." - New experimental drug offers hope for ones with Alzheimer's.

- Useful tips for travelling this holiday season with anyone with a disability

- Resilence is one of the most important qualities in dealing caregiving. So, how well do you do bouncing back? This quick and easy quiz can help you find out.

- A simple nuts and bolts break down of the Health Care Bills floating around the Senate and House, and how close they are to voting on it

- This is a great segment from Good Morning America about balancing work with caregiving:

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (blog Author)22727 — Tue, 01 Dec 2009 08:00:00 EST

State residents who are in the priority groups to receive the H1N1 flu vaccine can make appointments to get the vaccine at state health centers.

A limited supply of vaccine will be offered today through Thursday.

Appointments can be made, 24 hours a day, at www.H1N1inPA.com under "What's Hot." People without Internet access can call 1-877-724-3258 between 7 a.m. and 7 p.m.

Most of the vaccine available at the state health centers will be live flu vaccine in a nasal mist. The mist can be used in healthy persons between 2 and 49 years old. High-priority groups that may qualify are healthy people from 2 to 24 years old; household contacts and caregivers for children younger than 6 months and most health-care providers and emergency medical services personnel.

It is not recommended for people in the high-priority groups of pregnant women, children under 2, those with certain underlying health conditions and health-care providers who care for people with impaired immune systems. Those groups should receive the injectable vaccine.

Allegheny County Health Department will continue to offer vaccine to high-priority people, without appointments, at the Oakland vaccination clinic, 3441 Forbes Ave. It is open 9 a.m. to 3 p.m. today, Thursday and Friday, and 9 a.m. to 7 p.m. tomorrow. Free parking is available after 4 p.m. Wednesday in a lot behind 3333 Forbes Ave.

Among the state health centers offering vaccine this week:

Beaver: 300 S. Walnut Lane; 724-774-1385

Butler: Monarch Building, 100 Brugh Ave., Suite 201; 724-287-1769

Greensburg: 233 W. Otterman St.; 724-832-5315

Indiana: 75 N. Second St.; 724-357-2995

Jackson Center: 25 McQuiston Drive; 724-662-4000

Johnstown: Cambria County State Health Center, 184 Donald Lane, Suite 1; 814-248-3120

Kittanning: 239-245 Butler Road; 724-543-2700

Monessen: Mon-Valley Health Center, Room 140, Eastgate 8; 724-684-2945

Somerset: 651 S. Center St.; 814-445-7981

Tionesta: South Elm Street; 814-755-3564

Uniontown: 100 New Salem Road; 724-439-7400

Washington: 167 N. Main St., Suite 100; 724-223-4540

Waynesburg: 432 E. Oakville Drive; 724-627-3168

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (blog Author)22259 — Mon, 23 Nov 2009 08:00:00 EST

- A new study found that elder parents are more likely to describe themselves as "happy" when they are receiving informal in-home care from a child or spouse than when they receive formal in-home care from a nurse, home health aide or other home care professional.

- Attention Caregivers: Tis the season to be thankful - Ten Reasons to Be Thankful For Your Role as a Caregiver!

- Woody Allen once said "Life doesn't imitate art - it imitates bad television. Popular TV Show *Bones* Takes on What Happens When An Aging Family Member is Evicted from a Care Home. Caring.com analyzes how realistic the plot was.

- Of course, the opposite of bad television:

- The show also had THE BEST THEME SONG OF ANY TV SHOW IN HISTORY!

- In not-so-golden news, apparently a Carnegie construction company fraudulently received $39.4 million in federal funds meant for firms owned and operated by disabled veterans, according to a government audit.

- Derek, who cares for his folks, writes beautifully about difficult visits, difficult discussions, difficult decisions

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (blog Author)21846 — Mon, 16 Nov 2009 08:00:00 EST

- Ever feel overwhelmed balancing life and your responsibilities as a caregiver??? Derek does too, and wonders, "can he have his cake and eat it too?"

- mmmm cake

- Any of these sound familiar?

You’re suddenly in charge and don’t know where to turn for answers
You feel no one really “gets” what you’re going through
You’re SO tired of dealing with all the various parts of “the system”
You wonder when it’s your turn to have a life
You feel as though you have to push yourself through every day
You feel apprehensive seeing your aging parents becoming less self-reliant

*Then Click here to sign up for a free Telesummit "Comfort For Caregivers"

- If you were like me and grew up on the subtle humor of America's Funniest Home Videos then you should appreciate this montage

- Drug Companies are Raising Prices Ahead of Health Care Reforms

- A family caregiver looks back: John Mills considers his three toughest caregiving challenges

Elder Law, Elder Care, and a Little Bit of Everything

frank.jackson@gmail.com (blog Author)21608 — Wed, 11 Nov 2009 08:00:00 EST

- Michael Jackson's funeral cost HOW MUCH??!!??!!

- Plan To Improve End of Life Care: - "There are no second chances with end of life care - we have a responsibility to get it right first time. This new strategy will help make this happen, and ensure that patients receive the best possible care, for them, at this enormously difficult time."

- Just like the flu, we can spread happiness and healthy habits. Great article from the NY Times

- "Cyber-grandparents" provide free, online advice. This video features the Grandmother from Happy Gilmore:

She may be better known for scenes such as this one - note - keep loved ones from nursing homes that employ Ben Stiller:

- Oh Dear

- In observance of Veterans Day President Obama honored veterans today at Virgina's Arlington Cemetary

- Click here for a slideshow of photos

- Video of the appearance

TIPS ON HEALTH CARE, ELDER CARE

frank.jackson@gmail.com (blog Author)21450 — Mon, 09 Nov 2009 08:00:00 EST

- House passes bill on health care reform. See how your representative voted

- Let us know what you think by leaving a comment - Will a government run option help decrease cost of health care?

- Great at-home care tips and video from ABC News

- Scam alert: Beware of fake health insurance plans that are nothing more than gloried discount cards

- What can make you "healthier, happier, and more productive???"

Hint:

- Honestly, may have just been looking for an excuse to use this pic. Can you blame me?

Contest For Caregivers

frank.jackson@gmail.com (blog Author)21083 — Tue, 03 Nov 2009 08:00:00 EST

Great Video For Veterans On Va's Aid and Attendance Benefit

frank.jackson@gmail.com (blog Author)21089 — Tue, 03 Nov 2009 08:00:00 EST

This video is from a couple years ago but is still relevent to the importance of Vets getting the right information in order to receive the benefits they so deserve

KDKA's Jennifer Antkowiak's Cargiving Tips: Finding Peace

frank.jackson@gmail.com (blog Author)20834 — Fri, 30 Oct 2009 08:00:00 EST

Finding Peace

October 9, 2009 by Jennifer Cares
Filed under Care Smart

Lawmakers ready to permanently fix the estate tax at 2009 levels

blog@www.shieldsandboris.com (news Author)11108 — Thu, 29 Oct 2009 08:00:00 EST

Congress may approve legislation that would permanently fix the estate tax at current 2009 levels. House Majority Leader Steny Hoyer (D., Md.) has come out in support of the move, and staff on the Ways & Means Committee plan to ensure that estate tax levels do not change from what they are today.

Right now the estates worth under $3.5 million are exempt from the estate tax (up to $7 million for a married couple). Estate wealth over $3.5 million would be taxed at 45 percent.

Without this change – which should be in place by the end of the year – there would be no estate tax at all in 2010. The estate tax would then reappear in 2011 with only a $1 million exemption with a tax of 55 percent for estates valued over that amount.

Some lawmakers would like to see a higher exemption amount and a lower tax for large estates. One suggestion has been to exempt all estates worth under $5 million from the tax, and only tax those over that amount at 35 percent.

As it is the change carries a $233 billion price tag for taxpayers, since the current federal budget relied on the anticipated sharp tax increase in 2011. Raising the exemption ceiling and lowering the tax amount for wealthy estates would further increase the cost, making such a change unlikely.

Survey uncovers surprising long-term care myths and facts

blog@www.shieldsandboris.com (news Author)11109 — Thu, 29 Oct 2009 08:00:00 EST

MetLife recently released the results of a survey that was conducted to see how well informed Americans are about long-term care. The survey results were telling, revealing that many Americans are uninformed about the realities and costs of long-term care.

One key point that many Americans fail to grasp is the fundamental truths about long-term care. The majority of individuals surveyed did not fully understand how expensive long-term care can be, how it can be paid for and what benefits are available to help pay for it.

MetLife summarized some of the common misconceptions about long-term care in the U.S.:

Long-term care is usually provided in a nursing home (false: most long-term care is provided at home).
Medicare, health insurance and disability insurance all pay for long-term care costs (false: the only form of private insurance that pays for long term care is long-term care insurance).
You can qualify immediately for Medicaid to help pay for your long-term care by transferring your assets to your family (false: Medicaid looks back over the previous five years to determine if you are eligible).
The primary factors in long-term care insurance are family history, income and age (false: age is the primary factor in how long-term care insurance premiums are determined).

How much does long-term care really cost?

blog@www.shieldsandboris.com (blog Author)20791 — Thu, 29 Oct 2009 08:00:00 EST

MetLife recently released their market survey on long-term care and nursing home costs for 2009. Here’s what the results tell us about the current costs for nursing home, assisted living and home care.

Nursing home costs

Nursing home care is the most expensive type of care available for seniors, with a private room costing a national average of $219 a day or $779,935 a year. This is up about 3.3 percent from 2008, when the daily cost was $212 and the annual cost was $77,380.

Semi-private rooms are a little less expensive, costing on average across the U.S. $198 per day or $72,270 a year (up 3.7 percent from $191 a day or $69,715 a year) in 2008.

Assisted-living facility costs

Assisted living facilities are a more affordable options for residents who do not require the same level of care provided in a nursing home. The survey looked at monthly rates for private-pay facilities that typically provide room, board, about two meals a day, housekeeping and assistance with personal care.

On average, the national monthly cost for assisted living is currently $3,131 ($37,572 a year), up 3.3 percent from $3,031 a month ($36,372 a year) in 2008.

In-home healthcare costs

Another option for seniors is to hire in-home care. This year the average hourly rate for home health aides is $21, up 5.0 percent from $20 last year. Homemaker / companions are slightly less expensive at $19 per hour (up from $18 last year).

Understanding the real costs of long-term care is important to planning and saving for the future.

IMPORTANT REPORT EVERY SPECIAL NEEDS FAMILY MUST KNOW ABOUT ESTATE PLANNING

frank.jackson@gmail.com (blog Author)20710 — Wed, 28 Oct 2009 08:00:00 EST

Beginning today, we are running a 12 part feature on facts every special needs family MUST know regarding their long term planning.

You are Your Child’s Biggest and Most Important Advocate

               1. You know your child better than anyone else because you have always been there observing and interacting with them.   You know best how they have grown and dealt with challenges; their complete medical history; how they react to the activities and routine of the day, what brings on a smile, a giggle or a tear; things they like or dislike and consequently what causes them frustration or brings on temper tantrums, and their particular special needs and special interests.

               2. You have the most invested in their future. You want as normal a life as possible for your children. You want them to become as self-sufficient as possible, but at the same time understand that your involvement at some levels may be life-long. You need to be well-informed about the best ways for helping them maximize their potential.

               3. You are the one constant in your child’s life. Settings will change as your child progresses through school and life, personnel will be different, but you, as parents, will be there guiding them through it all.

Click here for the first of 12 installments.

Healthcare reform may offer another option for long-term care planning

blog@www.shieldsandboris.com (news Author)10980 — Sun, 25 Oct 2009 08:00:00 EST

Many Pennsylvania residents face the same issue when they near the end of their life – they no longer have money to pay for their own nursing home or long-term care, and have to rely on the government for assistance.

In an effort to provide additional options for Americans struggling to plan for their future, Congress has included a provision in the massive healthcare reform bill for a government-run long-term care insurance program.

Proponents of the program see it as a good thing, as they hope it would eventually reduce the strain on Medicaid. While Medicaid is intended to help low-income elders pay for their nursing home care, many people find themselves turning to it for help after their personal savings are drained.

With the cost of nursing home care averaging about $75,000 to $90,000 a year, many people who are initially able to pay their own way run out of money and end up needing help from Medicaid. A long-term care insurance program would help those individuals and slow down federal and state spending on Medicaid.

Of course, the bill hasn’t been passed yet, and critics worry that yet another government program would eventually require a taxpayer bailout. It remains to be seen if the healthcare bill will pass – with this proposed long-term care insurance program included.

Paying for long-term care

blog@www.shieldsandboris.com (blog Author)20433 — Fri, 23 Oct 2009 08:00:00 EST

The topic of paying long-term care is an important one for individuals and married couples to consider, preferably before the care is needed. The risks of failing to plan for the future are huge: long-term care is becoming increasingly expensive, with more and more people exhausting their savings and finding themselves depending on Medicaid.

To prepare for the inevitable, please take the time to discuss your long-term care planning options with an experienced estate planning attorney. You may be able to protect your assets in order to qualify for Medicaid without depleting your savings, and you may be eligible for veterans benefits that you did not know existed.

Ways to pay for your long-term care:

Rely on your family to care for you
Pay for care from your investments and savings accounts
Purchase long-term care insurance
Buy limited long-term care insurance
Sell your life insurance policy at present value (life settlement)
Sell your life insurance to a third party if you are chronically or terminally ill (viatical settlement)
Add an accelerated death benefit to your life insurance policy
If you have a large amount of equity in your home, take out a reverse mortgage
Buy into a Continuing Care Retirement Community (CCRC)
Explore all your veterans benefits options, even if you do not have a service related disability
Use Medicaid if you qualify, or plan ahead to protect your assets so you can qualify for Medicaid without losing everything
If your state offers it and you qualify, participate in one of the Programs of All-inclusive Care for the Elderly (PACE)

Learn more by contacting the Wexford, PA offices of Shields and Boris today.

Main beneficiary to Michael Jackson's estate shakes up her probate team

blog@www.shieldsandboris.com (news Author)10939 — Thu, 22 Oct 2009 08:00:00 EST

In a move to change up her legal team, Katherine Jackson, mother of pop star Michael Jackson, found herself without representation during a hearing last week. Ms. Jackson sought to replace her team of probate lawyers with a different attorney, who declined to appear with her in court until her former attorneys formally relinquished their roles.

Ms. Jackson was one of the main beneficiaries of her son Michael’s estate, and has also been named the permanent guardian of Mr. Jackson’s three children. The decision was made to find a new probate attorney in order to have a “different perspective and a fresh look” at how Mr. Jackson’s estate was being handled.

The newly named probate attorney for Ms. Jackson is Adam Streisand, a lawyer who is no stranger to celebrity estate cases. Mr. Streisand has previously represented the estates of Anna Nicole Smith, Ray Charles and Marlon Brando.

One issue facing Ms. Jackson is the role being played by the administrators of her son’s estate, attorney John Branca and music executive John McClain. Ms. Jackson previously challenged the administrators without invoking a “no contest” clause that Michael Jackson had included in his will.

Ms. Jackson’s former probate attorneys had questioned the authority of the estate’s administrators, but failed to file those objections. There were concerns that the former attorneys had contributed to unnecessary legal delays.

$6.4 million fine for companies guilty of scamming seniors with pricey legal plans

blog@www.shieldsandboris.com (news Author)10940 — Thu, 22 Oct 2009 08:00:00 EST

A case in Ohio is serving as yet another warning for seniors about the dangers posed by pricey and unnecessary legal plans. The state Supreme Court ordered two companies to pay an unprecedented $6.4 million fine for swindling thousands of senior citizens.

The companies, American Family Prepaid Legal Corporation and Heritage Marketing and Insurance Services Inc. are both based in California and are co-owned by Jeffrey and Stanley Norman. In addition to the record setting fine, going forward neither company may do business in Ohio.

According to court documents, the companies convinced elderly customers to pay unfairly high prices for legal plans and annuities that they either did not need or were limited to the point of not being worth the money.

The ruling was based in part on the determination that employees at the two companies were selling legal plans despite the fact that they were not attorneys. In the state of Ohio it is illegal for non-lawyers to practice law, and selling legal plans is considered practicing law.

Co-owner Jeffrey Norman has defended his companies, despite the fact that he is also facing legal action in North Carolina, Florida and Pennsylvania in addition to Ohio. Mr. Norman claimed that the case against him was flawed, and that the Supreme Court panel was biased against him.

As a result of the ruling the companies must turn over their customer lists to the Columbus Bar Association. The Association will then contact the individuals on the list to let them know that they can sue to recover the money they spend on the plans and annuitites.

Illinois Supreme Court upholds will restricting inheritance based on religion

blog@www.shieldsandboris.com (news Author)10635 — Wed, 30 Sep 2009 08:00:00 EST

An unusual will is garnering a great deal of attention in Illinois. The last will and testament of Dr. Max Feinberg has actually ended up before the Illinois Supreme Court because of a controversial provision that cut grandchildren married to non-Jews out of his will.

Dr. Feinberg felt strongly that the Jewish faith of his family should be protected and had his will written so that any grandchild who married outside of the faith would lose his or her inheritance unless their spouse converted to Judaism.

Feinberg created trusts for his family and died in 1986. The trusts were left in control of his wife Erla Feinberg. When she died in 2003 she included similar language in her will about preserving their Jewish heritage.

Four of Feinberg’s grandchildren married outside of the Jewish faith, and one married a Jewish woman. Because of the “religious preference clause” Feinberg’s estate has been subject to lawsuits, counterclaims and a ruling from the Illinois Supreme Court.

The high court overturned two lower court rulings in favor of the four disinherited grandchildren. In the ruling, Justice Rita Garman wrote "Equal protection does not require that all children be treated equally ... and the free exercise clause does not require a grandparent to treat grandchildren who reject his religious beliefs and customs in the same manner as he treats those who conform to his traditions."

Woman with living will allowed to die in the U.K.

blog@www.shieldsandboris.com (news Author)10636 — Wed, 30 Sep 2009 08:00:00 EST

A woman in the U.K. has effectively committed suicide via a living will. The woman, Kerrie Wooltorton, 26, drank poison at her home and then called an ambulance. She was conscious when she arrived at the hospital and handed doctors a letter stating that she only wanted to be made comfortable and did not want any life-saving measures.

According to doctors her wishes were very clear, and they were reluctant to intervene lest they be charged with assault. As far as they knew Ms. Wooltorton was mentally competent and able to refuse treatment.

Living wills allow people to decide what type of treatment they do or do not want to be subject to if they are unable to speak for themselves. They can require that all measures be taken to preserve life, or they can ask that no extraordinary measures be taken.

Living wills are typically used by terminally ill patients who wish to avoid painful end-of-life treatment when there is little chance of survival. This case is thought to be the first ever where a person effectively committed suicide by using a living will to prevent doctors from providing care.

Wooltorton’s family have stated that the doctors who allowed her to die should have tried to save her. The case is expected to ignite a debate over the use of living wills in the U.K. and elsewhere.

Preparing a living trust for your children? Don't forget to name a guardian

blog@www.shieldsandboris.com (news Author)10639 — Wed, 30 Sep 2009 08:00:00 EST

It’s a depressing scenario: one parent dies, leaving the other one to raise their children. While both parents or the living parent may have thought to create a living trust to provide for their children in the event that the surviving parent passes away unexpectedly, the question of guardianship must also be considered.

Unfortunately it happens all too often – children are left behind when both parents die, and somebody has to take care of them. As uncomfortable as it may be to consider the options, parents must think about who they want to act as their children’s guardian should the worst happen.

Without a named guardian, if both parents pass away the job of finding a home for the children falls to the courts. If nobody steps up to take responsibility of the children, they could end up in foster care – not a future that any parent would want for their children if it could be avoided.

When considering whom to name as a legal guardian in your will, keep in mind that it does not need to be a relative. Sometimes good friends are closer and share important values more so than blood relatives. What’s important is that you pick somebody you feel comfortable raising your children if the need arises – don’t leave it up to fate.

Unmarried couples and estate planning issues

blog@www.shieldsandboris.com (blog Author)19282 — Wed, 30 Sep 2009 08:00:00 EST

With more and more U.S. couple delaying or foregoing marriage while continuing to build lives together, estate planning for unwed couples is becoming a hot issue.

Preparing an estate plan for an unwed couple can be more challenging than a plan for a married couple, because additional documents are typically needed to cover all necessary scenarios that would ordinarily be covered when a couple is legally married.

These days many couples chose to remain unmarried for a variety of religious, social or familial reasons. It can be easier for some – especially those on their second or subsequent marriage – to avoid a formal walk down the proverbial aisle.

Some people are choosing to remain unwed for financial reasons. For example, a woman collecting Social Security benefits based on her deceased husband’s earnings may not want to get remarried and risk her income. Or, if a couple is relying in Medicaid, they may chose to remain unmarried so that the assets of one spouse don’t affect the Medicaid eligibility of another spouse.

Unfortunately for unmarried couples, federal and state laws definitely favor married couples. For this reason, it is especially important that unwed couples carefully prepare for the future and work with an experienced estate planning attorney.

When a will isn't enough

blog@www.shieldsandboris.com (blog Author)19123 — Tue, 29 Sep 2009 08:00:00 EST

If you’ve prepared a will, it may be tempting to pat yourself on the back and consider your estate planning duties done. Unfortunately, it isn’t that easy. There are a number of different types of property that don’t pass via a will, so you’ll need to address those items separately.

What can’t be covered in your will

Not all assets or type of property can be passed on through your will. You’ll need to do more than just prepare a will if you have property or assets that fall into any of the following categories:

Life insurance with a named beneficiary
Retirement plans like 401k or IRA plans paid to a named beneficiary
Bank accounts paid upon death to a named beneficiary
Stock accounts transferred-on-death to a named beneficiary
Income savings plans
Property held in joint tenancy
Property held in a trust

This is one reason that it is so important that you speak with an experienced, qualified estate planning attorney when preparing your will / estate plan. You don’t want to leave a tangled mess of assets for your estate administrator or your heirs to sort through after you pass. A complete estate plan will take all of these factors into consideration.

Challenge to estate administration can happen even with "no contest" clause

blog@www.shieldsandboris.com (news Author)10444 — Mon, 21 Sep 2009 08:00:00 EST

An interesting development has happened with the estate of Michael Jackson. His mother, Katherine Jackson, asked Los Angeles Superior Court Judge Mitchell Beckloff if she could challenge the administrators of her son’s estate without invoking a “no contest” clause.

The clause stated that any challenges to Jackson’s estate would cause the person contesting to lose their share of the estate. Katherine Jackson stands to receive 40 percent of her son’s estate.

Judge Beckloff has allowed Katherine Jackson to challenge her son’s estate administrators without being disinherited. Ms. Jackson’s reasons for challenging were sealed and not made public, however Beckloff’s ruling indicated that several legitimate issues were raised by Ms. Jackson, including questions about whether Jackson was under the influence when he signed his will in 2002.

Jackson’s estate is estimated to be worth $500 million, however the popular singer also died heavily in debt. His estate is currently being administered by attorney John Branca and music executive John McClain.

At this time Katherine Jackson is receiving over $26,000 each month in addition to $60,000 each month to care for Jackson’s children. Ms. Jackson has permanent guardianship of her son’s children.

Tips on Elder Care: Nursing Home Reform Act

frank.jackson@gmail.com (blog Author)18727 — Mon, 21 Sep 2009 08:00:00 EST

A good article was posted discussing the rights of residents in Nursing Homes and Assisted Living facilities, and are great tips for anyone considering the best treatment for yourself or a loved one:

Having a standard of care enables you to compare certified facilities. If you have facilities you would like to compare, enter Medicare.gov-Nursing Home Compare. This Web page is easy to use and self explanatory.

Further, an individualized care plan is required for the patient. Assessments are conducted by the staff which should include your loved one's physician, family, as well as someone from social services, therapy, activities, and dietary. The plan should be easy to understand, specific and reflect the concerns, and habits of the patient. Plans are assessed quarterly or more often as needed to review or monitor the patient's progress in physical and mental health.

Be informed as to the Resident's Bill of Rights. The Nursing Home Reform Act addresses quality of life and care issues. It states that residents in a facility at a minimum should be provided care and service according to the Nursing Home Bill of Rights. Listed below are nineteen resident's rights. Should you experience a problem in a nursing home, a good place to start before contacting an elder law attorney is the the office of the Ombudsman, which was created for that main purpose.

The resident's rights are (1) Freedom to select a doctor in the facility, (2) Freedom from abuse including physical and chemical restraints, (3) Privacy when bathed, receiving treatment, and discussing care, (4) Confidential personal and clinical records, (5) Share grievances with treatment or care and receive a prompt resolution, (6) Ability to participate in groups, (7) Immediate access and visitation for the Ombudsman, Advocates for the disabled, a resident's individual physician or family members with resident's consent, (8) Nursing Homes must establish the same policies for service, transfer and discharge to all patients without considering whether they are private pay or subsidized, (9) Right of an incompetent resident to have a guardian act on his/her behalf, (10) As to Admissions, facilities may not: require patients to waive their rights to benefits under Medicare or Medicaid, state they will not apply for benefits, require third party guarantees of payments as a condition of admission, (remember the responsible party example?), and cannot solicit gifts to gain admission, (11) Know your transfer and discharge rights. (12) Receive orientation of the new facility, (13) Notice of bed hold, (14) Right to priority re- admission, (15) Right to notice if you are relocated within the facility, (16) Information concerning payment obligations at the time of admission, what their charges are in writing, (17) Right to inspect survey of the facility, (18 ) Hold Personal funds appropriately, and (19) the Right to be informed of their rights at time of admission.

The resident's rights are (1) Freedom to select a doctor in the facility, (2) Freedom from abuse including physical and chemical restraints, (3) Privacy when bathed, receiving treatment, and discussing care, (4) Confidential personal and clinical records, (5) Share grievances with treatment or care and receive a prompt resolution, (6) Ability to participate in groups, (7) Immediate access and visitation for the Ombudsman, Advocates for the disabled, a resident's individual physician or family members with resident's consent, (8) Nursing Homes must establish the same policies for service, transfer and discharge to all patients without considering whether they are private pay or subsidized, (9) Right of an incompetent resident to have a guardian act on his/her behalf, (10) As to Admissions, facilities may not: require patients to waive their rights to benefits under Medicare or Medicaid, state they will not apply for benefits, require third party guarantees of payments as a condition of admission, (remember the responsible party example?), and cannot solicit gifts to gain admission, (11) Know your transfer and discharge rights. (12) Receive orientation of the new facility, (13) Notice of bed hold, (14) Right to priority re- admission, (15) Right to notice if you are relocated within the facility, (16) Information concerning payment obligations at the time of admission, what their charges are in writing, (17) Right to inspect survey of the facility, (18 ) Hold Personal funds appropriately, (19) and the Right to be informed of their rights at time of admission.

It's a lot to digest. The point is to read your documents carefully. If there is something you do not understand, schedule a consultation with an elder law attorney.

Free Assistance Program for Seniors and Veterans

frank.jackson@gmail.com (blog Author)18522 — Thu, 17 Sep 2009 08:00:00 EST

Western Pennsylvania has one of the highest percentages of veterans in population in the entire United States. However, many of our veterans who bravely sacrificed for our country are unaware of the many benefits they could be eligible for. We're happy to be partnered with a wonderful free program, VeteransCare USA, and ElderCare USA, a program designed to put families in touch with financial and legal professionals in their communities who can assist them with issues related to claiming what seniors, veterans and their spouses have rightly earned. When a family contacts them for assistance, their expert consultants determine the nature of their inquiry and then directs them accordingly with free consultations with professionals. Don't let yourself become overwhelmed by complications, or misinformation, by seeking assistance.

What's So Bad About Probate?

frank.jackson@gmail.com (blog Author)18218 — Fri, 11 Sep 2009 08:00:00 EST

Probate is a court proceeding.

Nobody (except attorneys who do so for a fee) likes going to court.

It takes time.

When we have to probate an estate, we usually tell clients to expect the process to take about a year.

You have no privacy.

All the details of your will, your beneficiaries, your assets and expenses are public record for anyone, even a nebby neighbor, to do what they want.

It is expensive.

In Pennsylvania, attorneys can charge a "reasonable fee" to go through probate. On a typical estate this "reasonable fee" is usually 3 to 7% of your gross (not net) estate.

AAPR did a study about probate and called it a "cash cow" for attorneys. The old attorney joke is how do you make a lot of money as an estate planning attorney? You write a lot of wills and outlive your clients. Why make an attorney a beneficiary" of your estate? Learn how you can avoid probate, and preserve your assets for your loved ones.

Long Term Care or Estate Planning? - Find an Elder Law Attorney

frank.jackson@gmail.com (blog Author)18164 — Thu, 10 Sep 2009 08:00:00 EST

One of the myths that I find often believed is that any lawyer can write a trust, a will, power of attorney, or living will. If this were true, I guess any family doctor could also perform brain surgery. I have seen so many attorneys who try to be everything to everyone, and make some egregious mistake because they do not practice in a particular area DAY IN and DAY OUT. They DON'T understand changes in law or potential minefields for the client. Such an attorney will defend a criminal on Monday, handle a divorce on Tuesday, a bankruptcy on Wednesday and ask you why you are there Thursday - "Oh, yeah, your estate plan." The idea that a lawyer is a lawyer is a lawyer is not in your best interests. Find yourself the right lawyer that specializes according to your need.

Estate plans don't expire, but they do need to be updated

blog@www.shieldsandboris.com (news Author)10186 — Mon, 31 Aug 2009 08:00:00 EST

Estate plans don’t expire, but they do need to be updated when your life situation changes. Major life events like marriage, the birth of a child, divorce, remarriage, death of someone mentioned in your plan, or other such events can make your estate plan inaccurate.

To ensure that your estate plan accurately reflects your current wishes, you should review it any time one of these major events occurs. If you don’t, your estate could face legal challenges after your death as your survivors attempt to make sense of an outdated plan.

Make sure that you don’t confine your estate plan review to obvious documents like your will and trusts. You should also ensure that the beneficiary designations on your financial and insurance plans are up to date.

Be sure to review the beneficiary designations on your retirement plans (401k, IRA), investments (mutual funds, stocks, bonds), insurance plans, bank accounts, and any other similar items.

You should also review and update any powers of attorneys that you have, especially durable financial and healthcare powers of attorney. You don’t want, for example, your former spouse to be given the power to make financial decisions for you if you become incapacitated.

Your estate planning attorney can help you make updates as necessary and ensure that your overall estate plan accurately reflects your wishes.

Can you make your trust a beneficiary of your IRA?

blog@www.shieldsandboris.com (news Author)10187 — Mon, 31 Aug 2009 08:00:00 EST

When considering your estate planning options as you near retirement age, you may wonder what you can do with your IRA to maximize your tax situation and protect your assets.

A common move in estate planning is for you to name a trust as a beneficiary of your IRA. This is a way for you to avoid taxes and protect your beneficiaries – two important goals in estate planning. This would be an especially useful tactic if you have young children who are not yet able to manage their own money or if you have a special needs child who will need life-long assistance.

A knowledgeable estate planner needs to help you with properly preparing the necessary documentation to make your trust a beneficiary of your IRA. It is important that strict IRS guidelines are followed when the trust is written so you don’t run afoul of the law.

You should also know that some trusts pay higher income tax rates than individuals, so you’ll have to evaluate this possibility when you are trying to decide whether or not this option makes sense for your situation. Care must be taken so our IRA funds don’t get trapped in the trust because of a mistake or oversight in the trust’s preparation.

If you try to transfer funds from your IRA into a trust, the transfer would be likely trigger immediate taxation because such a move would be considered an IRA distribution. Some estate planners suggest a technique to move funds from an IRA to a trust that they say does not cause immediate taxation, but be aware that the IRS may not agree with your estate planner’s assessment. Without a ruling from the IRS – which can be expensive – you should not try to get around being taxed for an IRA distribution.

Will the estate tax repeal go forward in 2010?

blog@www.shieldsandboris.com (news Author)10190 — Mon, 31 Aug 2009 08:00:00 EST

If Congress doesn’t act, there won’t be any estate tax in 2010 – a situation that concerns some lawmakers and pleases others.

The estate tax would disappear for one year because of tax cuts passed by President George W. Bush that included a repeal of the estate tax – only for 2010. Cynics have noted that a year without any estate tax would induce people to try and time the demise of their wealthy elders for 2010, but the real concern is the revenue that the federal government would lose out on with such a repeal.

Lawmakers must agree on a permanent estate tax rate before the end of the year, which may not happen. In that case they would have to at least agree to a one-year temporary measure to keep the estate tax from disappearing next year.

Another option is to simply extend the 2009 estate tax rate through the end of 2010. This means that estates valued at under $3.5 million would be exempt from the tax, and those over $3.5 million would be subject to a 45 percent tax rate.

One proposal is to extend the ceiling for estate tax exemption from $3.5 million to $5 million, and then tax those over the ceiling at 35 percent instead of 45 percent. A permanent solution may be found if lawmakers can compromise on a tax rate between those two ranges.

After that, Congress must figure out what to do about the estate tax in 2011. Under current law, the estate tax exemption will be only for estates up to $1 million, and anything valued higher than that will face a tax of 55 percent.

An unusual type of trust is becoming popular

blog@www.shieldsandboris.com (news Author)10193 — Mon, 31 Aug 2009 08:00:00 EST

A form of trust called an “intentionally defective grantor trust” is becoming very popular with some estate planners, as people look for ways to protect their assets in these uncertain financial times.

It may seem counterintuitive to trust your assets to a fund that has the words “intentionally defective” in the title, but the unappealing name hasn’t dampened their appeal. However, there are drawbacks to this form of trust.

According to some estate planners, the benefits of an intentionally defective grantor trust include:

Assets can be passed on to grandchildren
Heirs can receive more money than they would with another form of trust
It is possible to withstand IRS scrutiny with this type of trust

Drawbacks of these trusts:

The IRS may be more likely to investigate a trust set up this way; they’ve challenged these trusts in the past and have never officially sanctioned them
Losses from poorly performing assets could be magnified in this type of trust

How do intentionally defective grantor trusts work? Here is a brief overview of one way they can be used:

A trust is created, and then you lend the trust money to buy your assets (i.e. securities, real estate, or a business interest)
Typically the asset bought is one that is expected to appreciate significantly in value
You receive interest payments for a set number of years in return for lending the trust money
The lower the interest rate that you select for the trust to repay you, the more your heirs will benefit
Depending on the maturity rate that you choose, interest rates right now run from between 0.83% to 3.67%

A knowledgeable estate planner can discuss the pros and cons of this type of trust, and determine how to best help you meet your goals.

How proposed changes to Pennsylvania estate law could affect you

blog@www.shieldsandboris.com (news Author)10070 — Sat, 22 Aug 2009 08:00:00 EST

There is a push in Pennsylvania right now to make it easier for the state to recover money they pay to residents for medical assistance. Part of the plan would affect any person over the age of 55, whether or not he or she had ever received Medicaid.

Right now, if you die your bank is allowed by law to pay money in one of your accounts or in a CD to your spouse, child, or other relative as long as the total did not exceed $3,500. They just need a receipted funeral bill.

The proposed change would raise the amount that can be paid from $3,500 to $15,000, but it includes a more onerous provision that not everyone is happy about.

Under this new legislation, if the deceased was 55 years or older, before they can release any funds the bank must be given a letter from the Department of Public Welfare staring that there is no estate recovery claim.

Without this letter – or if there is in fact an estate recovery claim – the bank can release up to $3,500 for the funeral (paid to the licensed funeral director with a receipted funeral bill) and then the bank must send the rest of the money in the account to the Department of Public Welfare.

Pennsylvania state representatives unanimously support these changes, so it is probably just a matter of time before they become law.

Want to avoid probate? You have options!

blog@www.shieldsandboris.com (blog Author)17296 — Sat, 22 Aug 2009 08:00:00 EST

One important goal for many people seeking help with their estate plan is how to avoid probate. If you’re also looking to keep your estate out of probate when you pass away, the good news is that you have several different ways of doing this.

Why would you want to avoid probate? There a few good reason. Probate is a public process and many people prefer that their assets be distributed privately. Probate can also be very time consuming and costly for your heirs, so it makes sense to avoid it whenever possible.

Consider these three ways of avoiding probate:

Living trust: you can set up a living trust to hold your assets. You maintain control of the trust while you are alive, but when you pass away the trust goes to your beneficiary.
Joint ownership: when you purchase property with your spouse or partner, you can chose to own it jointly or by tenancy by the entirety (which is only available to married couples in Pennsylvania). In both types of ownership when one partner dies the other has the right of survivorship, so they take over complete ownership of the property.
Payable or transfer on death: you can add a payable on death (POD) designation to your bank accounts so your beneficiary receives them when you die, and you can set up your securities to transfer on death (TOD) to your beneficiary.

Please click on the links above to read more about these issues in our law library articles.

Why a durable financial power of attorney makes sense

blog@www.shieldsandboris.com (blog Author)17297 — Sat, 22 Aug 2009 08:00:00 EST

When you think about estate planning, do you think about powers of attorney? Have you considered what would happen to your financial affairs if you became incapacitated?

Many people plan for what will happen when they die, but not everyone considers what would happen if they were unable to make decisions for themselves. Anybody can become incapacitated at any time, for example from a serious accident or a sudden disease.

It is in your best interest to plan for this possibility ahead of time. Think about who you trust to handle your financial affairs if you aren’t able to make decisions for yourself. You could even divide your financial responsibilities among a few different people if you didn’t want one person to do everything, or you could limit your agent to just a few financial tasks.

Here is a list of a few things that might need to be taken care of if you became incapacitated. Which ones would you want your agent to handle on your behalf? You can include these specifics in a durable financial power of attorney:

Use your bank accounts or other assets to pay your expenses or your family’s expenses
Collect your Social Security, Medicare, or other government benefits
Collect your retirement payments or manage your retirement accounts
Make investment decisions for you (i.e. buy or sell stocks or bonds)
Buy or sell real estate or other property
Buy or sell insurance policies
File and pay your taxes or collect your tax refund
Claim property that you inherit

Read more about durable financial powers of attorney in our law library article “The importance of a durable financial power of attorney” and “Protect Yourself with a Durable Power of Attorney”.

Financial elder abuse cases on the rise as economy continues to struggle

blog@www.shieldsandboris.com (news Author)9637 — Wed, 29 Jul 2009 08:00:00 EST

The sour economy is having an unexpected impact on elder Americans: their children are increasingly turning to them for financial help. Unfortunately, some family members are crossing the line when seeking financial assistance from their elderly relatives, leading some financial planners and attorneys to claim abuse.

Elderly individuals who are mentally or physically frail are the most at risk of being taken advantage by others, either because they can’t push back or because they are not capable of making decisions in their own best interest. Sadly, some family members use emotional blackmail to get what they want, as elders fear losing contact with loved ones if they don’t accede to demands.

There are a variety of way that elders can be taken advantage of financially. For example, a child could convince an ailing parent to put their home into joint tenancy ownership so that when the parent passes away the child inherits the entire house – even if the parent intended to split the home among all children.

Sometimes children take advantage of being in control of a trust or power of attorney for a parent. A cash-strapped child may take money to pay off debts when the funds should be used to care for the parent or should be distributed fairly among siblings upon the parent’s passing.

To avoid being taken advantage of, experts recommend that elders have a trusted friend or family member regularly review financial documents for inconsistencies or signs of abuse.

Dozens arrested in nationwide Medicare fraud bust

blog@www.shieldsandboris.com (news Author)9640 — Wed, 29 Jul 2009 08:00:00 EST

Many people who rely on Medicare worry that there won’t be enough federal funds to cover their medical expenses down the road. One reason for Medicare’s precarious financial situation is the amount of fraud perpetrated every day by people taking advantage of the system.

This week authorities are fighting back against fraudsters, arresting 30 people across the country in a variety of Medicare fraud busts. The $16 million bust required the work of 200 federal agents and resulted in arrest warrants being issued for a number of doctors and other individuals at various heath care businesses.

One popular scam involved giving patients expensive “arthritis kits” which were nothing more than orthotic braces and heating pads. Despite clinics billing Medicare up to $4,000 for each kit, many patients claim they never received them nor did they want them in the first place.

Another scam involved billing Medicare for thousands of dollars of Ensure – a liquid food given to patients who cannot eat – even if the patients never actually received the goods or were deceased.

The crackdown is part of an effort by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius to fight the billions of dollars of Medicare fraud that happens every year.

The amount of fraud is shocking. Just since 2007 federal strike forces have indicted over 293 suspects and organizations that over the years have fraudulently billed Medicare for more than $674 million – and that’s only in Miami, Detroit, and Los Angeles.

Will Pennyslvania lawmakers divert Medicaid stimulus money?

blog@www.shieldsandboris.com (news Author)9641 — Wed, 29 Jul 2009 08:00:00 EST

The shaky condition of Medicaid is a concern for many who depend on Medicaid benefits to keep them or a family member in a nursing home. In order to help preserve healthcare benefits for struggling families, $4 billion in additional Medicaid funding will go to the Pennsylvania state treasury by the end of next year. This money is part of the national stimulus package

However, some Pennsylvania lawmakers are eyeing these additional funds as a way to cover budget shortfalls in other areas. Medicaid funds could be diverted to pay for transportation project or prison costs, leaving less available for nursing home residents.

Taking money away from Medicaid could have devastating consequences. In a state with a high number of elderly residents, many of whom rely on Medicaid to pay for their care, diverting Medicaid funds for other purposes could be devastating.

Medicaid is an important benefit: 65 percent of nursing home residents rely on Medicaid and 15 percent rely on Medicare. Even those individuals who begin their stay in a long-term care facility by paying out of pocket usually end up relying on Medicaid when their funds dry up – something that is happening sooner than expected for many, given the sorry state of the economy.

Another issue is that nursing homes are already being paid less by Medicaid than what they bill. On average, nursing homes are paid by Medicaid $14 a day (about $5,000 a year) less than what they are owed for the cost of caring for Medicaid residents.

Have you considered a durable power of attorney?

blog@www.shieldsandboris.com (blog Author)16003 — Tue, 28 Jul 2009 08:00:00 EST

Some people believe that if they have a will in place, they are all set as far as estate planning goes. Unfortunately, if they become ill or otherwise incapacitated at the end of their life there could be problems if they don’t have a power of attorney.

If something happens in your life and you aren’t able to manage your personal affairs (for example, you are in a serious car accident or suffer from a sudden debilitating illness) somebody will need to make some very important decisions for you.

To protect yourself in case something unexpected happens, you should talk to your estate planning attorney about a durable power of attorney.

In fact, there are two kinds of durable powers of attorney (DPOA) that you should consider:

Financial power of attorney: Also known as a durable power of attorney for finances, this document will allow somebody else to make financial decisions for you if you become incapacitated. Without this kind of document, your spouse or other family member(s) may have to seek court approval to make decisions for you, adding unnecessary delays and expenses.
Health care power of attorney: This document will give another person the authority to make health care decisions on your behalf. This could become necessary if you unconscious, mentally incompetent, or otherwise unable to make decision for yourself.

Having these documents in place before something happens will not only help your family avoid intrusive and costly legal intervention into your affairs, but will also avoid family fights about what should happen with your finances or healthcare decisions when you aren’t able to speak for yourself.

Managing your online accounts and passwords

blog@www.shieldsandboris.com (blog Author)15680 — Wed, 22 Jul 2009 08:00:00 EST

Can you answer this question: how many online accounts do you have? If you’re like many people, you may have no idea. Think about the types of activities that you engage in online. You can monitor your investment accounts, send and receive email, upload photos, check on your savings plan, update your life insurance, and much more.

Having all of these online accounts is great when you are alive, but without a little planning this web of internet logins can create a real headache for your survivors. Think about it: if you died tomorrow, would anyone be able to track down all of your various online accounts – and the passwords that go along with them?

If your family knows about the accounts, there are hoops they can jump through to get access – but it could cost them time and money. What about accounts that nobody may know about, like a ‘secret’ savings account you were contributing to as a surprise, or other private online accounts? What will happen to them if you don’t note their existence somewhere?

To save your survivors and your estate executor from unnecessary frustration and expense, take some time to record all of this information somewhere, and either give it to a trusted friend or your attorney. You can also lock it up in a safety deposit box or your home safe – just make sure somebody knows how to get a key to either of those.

You can read more about this issue in our law library article “Estate administration and online accounts: logins, passwords, and big headaches”.

Will families lose their homes to reimburse Medicaid costs?

blog@www.shieldsandboris.com (news Author)9203 — Sun, 28 Jun 2009 08:00:00 EST

Governor Ed Rendell is looking for ways to bring money into the beleaguered state coffers, and his latest budget proposal contains a change to how Pennsylvania recovers costs from estates for long-term care spending after a patient dies.

One component of the new bill proposed by Rendell could be devastating to families. After a Medicaid recipient dies, the government would be able to place a lien on any property in which the deceased had an interest, for up to the full amount of care that was covered by Medicaid.

Up until this point the state has avoided counting the home as an asset available for Medicaid recovery, for sound reasons that serve the public interest. By allowing families to keep their homes, neighborhoods are preserved, family farms can stay in the family, and properties maintain clean titles.

This new bill would be a significant change that potentially affects a huge number of people because so many rely on Medicaid to cover the cost of their long-term care. Because long-term care can cost elderly residents $8,000 a month, many families have no other option but Medicaid.

After spending down their personal assets to afford long-term care, families could lose their land and their homes as well if this bill passes. Even worse, critics contend that this provision would only bring in a fraction of what the state pays out in Medicaid every year.

Will proposed changes to medical estate recovery laws swallow what is left of your estate?

blog@www.shieldsandboris.com (blog Author)14427 — Sun, 28 Jun 2009 08:00:00 EST

The Pennsylvania Department of Public Welfare (DPW) has a repayment requirement for anybody who receives Medicaid after the age of 55 called Medical Assistance Estate Recovery (MAER).

Under MAER, the DPW can seek repayment for the amount of medical assistance (Medicaid) paid out for long term care related services provided on behalf of certain recipients. Since repayment does not happen until after a person has died, some people refer to MAER as the Medicaid death tax.

Current law states that the state can make a claim against a deceased person’s probate estate. Only items in probate could be used for repayment. However, a bill has been introduced that would expand Medicaid Estate Recovery to non-probate assets.

Non-probate assets that could be targeted under the new bill – if it passes – include real and personal property held in joint names, life estates, and other traditionally exempt forms of ownership. In addition, the bill would give Pennsylvania expanded lien powers and control over disputes.

This could spell bad news for many elderly citizens, especially surviving spouses. Imagine if your spouse was to die, and because of this new law you lost your home and much of the remaining estate to the government. It is a frightening scenario to consider.

If you are concerned about losing your non-probate estate to the government, talk to your state senators and representatives about this bill (HB 1351, section 1214). If you have questions about asset protection and planning for future health-care costs, talk to a knowledgeable elder law and estate planning attorney like those at Shields and Boris.

Attorneys must untangle Pop King's complicated estate

blog@www.shieldsandboris.com (news Author)9192 — Sat, 27 Jun 2009 08:00:00 EST

After his tragic and untimely death, Michael Jackson has left behind a tangled estate complicated by custody issues that may take lawyers years to unravel.

One major issue who will get custody of Mr. Jackson’s three children. Since at this time it is unknown if Jackson had a will, there is a great deal of speculation in legal circles about the challenges that will be faced settling his unusual estate.

Despite widespread rumors of financial difficulties, Jackson had some notable items including music catalogues, royalties, and rights to his image. Some have suggested that Jackson’s estate will be left to his children, but at this point it is unknown.

As for the children, it remains to be seen if custody of his two oldest children, Prince Michael Jackson, 12, and sister Paris, 11, will go to their biological mother Debbie Rowe. Years ago Rowe attempted to give up all legal rights to the children, stating that they were Jackson’s children. A judge refused to hear the request, leaving Jackson with physical custody only and keeping the door open for Rowe.

Jackson’s youngest child, Prince Michael II, 7, was also born from a surrogate mother however her identity has never been publicly revealed. Right now the children are being cared for by Jackson’s mother Katherine and a nanny.

Unexpected problems resulting from an untimely death

blog@www.shieldsandboris.com (blog Author)14407 — Sat, 27 Jun 2009 08:00:00 EST

News about the sudden and unexpected death of pop legend Michael Jackson has shaken the world, leaving fans, friends, and family reeling. As the dust begins to settle the question becomes: what will happen to Jackson’s estate?

It is not yet known if Jackson had a will, however that has not stopped speculation about what will happen to his three children and his varied and unusual estate holdings. It could take years and a great deal of money to untangle his affairs, and the chance of legal battles erupting is high.

What can we learn from Mr. Jackson’s tragic and untimely death? As estate planning attorneys, naturally we want to use this opportunity to stress the importance of making estate planning a priority in your life.

Keep in mind that creating a good estate plan is only the first step, albeit a very important one. Once you have an estate plan completed, be sure that you review it every few years to ensure that it is still accurate and that your wishes have not changed.

In addition, if you experience a significant “life event” (birth, marriage, divorce, death) make sure that any necessary changes are made to your estate plan. If you move to another state, you should also take some time to ensure that your plan meets all the legal requirements of your new home town.

The bottom line is that you can avoid a costly, protracted battle among your heirs and their lawyers by keeping on top of your estate plan, while at the same time feeling confident that your wishes and desires will be respected after you pass.

New Estate Planning Radio Show on WJAS!!!

blog@www.shieldsandboris.com (blog Author)13988 — Fri, 19 Jun 2009 08:00:00 EST

The Elder Law Offices of Shields & Boris is excited to announce that they just recorded their first radio show on WJAS 1320 AM. The show will be airing on Saturday, June 20, 2009 at 6:00 AM. This show will be dedicated to discussing the issues surrounding Medicaid Planning and how important it is to plan ahead in attempting to shelter your proterty and assets from the nursing home. We welcome everyone to tune in and hope that we enlighten everyone in the listening audience. We will be recording one show per month discussing various estate planning topics.

NEW VIDEOS!!!

blog@www.shieldsandboris.com (blog Author)13990 — Fri, 19 Jun 2009 08:00:00 EST

The Elder Law Offices of Shields & Boris is proud to announce the release of short videos on our website that we recorded discussing various estate planning topics. These videos are intended for educational purposes only and are NOT intended to provide specific legal advice. These videos will provide general information surrounding topics such as Wills, Revocable Living Trusts, Power of Attorney for Financial Matters, Power of Attorney for Healthcare Decisions and Living Wills, Federal Estate Taxes, Probate Avoidance, Veterans Benefits, Medicare vs. Medicaid, etc. We hope everyone enjoys!!!

The importance of getting the right legal advice when administering an estate

blog@www.shieldsandboris.com (blog Author)12768 — Tue, 26 May 2009 08:00:00 EST

A cautionary tale about the perils of accepting probate advice from someone other than a qualified attorney appeared in a Florida newspaper earlier this month. In the fictitious story, a man is named as successor trustee of his mother’s revocable trust and personal representative of the pour-over will.

After their mother’s death, the man and his sister want to avoid legal fees so they ask a friend of the sister’s son – a young man fresh out of law school who has not yet passed the bar exam – for help. To cut a long story short, the recently graduated unlicensed law school student does not give the correct legal advice for properly handling the mother’s estate.

As a result, a few years down the road the man is sued by his sister over his mishandling of the estate. The law school student – now an attorney – is named as a co-defendant.

The entire mess could have been avoided if the man had hired a competent, qualified probate attorney. As the fictional man learned, acting as a successor trustee, personal representative, or executor of a will is not as simple as selling all the assets, keeping a little for yourself, and divvying up the rest with your siblings.

You can read more about estate administration and probate in our law library and in our Frequently Asked Questions section.

Is it time for a beneficiary audit?

blog@www.shieldsandboris.com (blog Author)11932 — Wed, 13 May 2009 08:00:00 EST

It is an unpleasant scenario and unfortunately one you won’t be able to do anything about: after your death, your assets are given to a former spouse or somebody you no longer wanted them to go to because you forgot to update your beneficiary list before you passed away. It is a situation that some families find themselves in after the death of a loved one, but it is a sad scenario that you can avoid now.

It is always a good idea to check in on your estate plan documents periodically and make sure that the information they contain is still relevant. One area to focus on is your beneficiaries – the people who will inherit your assets after you pass away.

It isn’t uncommon for life changes to necessitate a change to your beneficiary list, and unless you want your estate to end up in probate or contested by your survivors it’s a good idea to keep the list current.

Don’t think of estate planning as a once-in-a-lifetime event. It isn’t an event – it is a process, something you take care of and manage throughout your life. To learn more about estate planning and elder law in Pennsylvania, please contact the law offices of Shields and Boris.

Will revised estate tax laws pay for health care reform?

blog@www.shieldsandboris.com (news Author)8535 — Tue, 12 May 2009 08:00:00 EST

This week the Obama administration announced that it plans to raise money for an ambitious health care reserve fund by changing estate tax law and closing certain tax loopholes. The administration hopes to raise almost $60 billion over 10 years through proposed changes.

The approximately $634 billion health care reserve fund would be used to revamp the healthcare system and expand health care insurance benefits to Americans without it.

Right now the law allows for a $3.5 million estate tax exemption per person ($7 million per couple). In order to raise $24 billion over 10 years lawmakers have proposed tightening estate tax laws. The proposed changes relate to how assets in an estate are valued.

A senior Treasury official, speaking to reporters on condition of anonymity, claimed that less than three-tenths of 1 percent of estates would be affected by the changes.

The future of the estate tax is becoming clearer

blog@www.shieldsandboris.com (news Author)8383 — Thu, 30 Apr 2009 08:00:00 EST

Confusing and controversial laws have made it challenging for some people to complete their estate plans over the last several years. However, it looks as though the dust is settling around the thorny issue of what to do with the estate tax in 2010 and 2011.

One criticism of the current estate tax law – which would abolish the estate tax completely in 2010, only to aggressively reinstate it in 2011 – is that it could induce families to hasten or prolong the death of their elderly family members in order to take advantage of the 2010 change.

All morbid thoughts aside, lawmakers are eager to reinstate the estate tax in 2010 and ensure that it remains at a more reasonable level for subsequent years. Lawmakers agree that there is zero chance that the estate tax will disappear in 2010 as stated in the current law.

Even if Congress’ version of the Obama administration budget, which includes changes to the estate tax, doesn’t pass as written, lawmakers are expected to at a minimum reinstate the state tax for 2010. It remains to be seen what other changes will be passed in the final budget.

Planning for your autistic child's future can bring peace of mind

blog@www.shieldsandboris.com (blog Author)11447 — Wed, 29 Apr 2009 08:00:00 EST

Planning for the future takes on special meaning when parents are caring for an autistic child. And these days, more and more parents are doing just that. According to the CDC 1 in 150 children are being diagnosed with autism in the United States, and 1 in 94 are boys.

This April was Autism Awareness Month, a great time to focus on the importance of using estate planning tools to prepare for an autistic child’s future. While some autistic children will grow up and be able to care for themselves as a part of mainstream society, many will not.

According to a poll conducted last year, nearly three-quarters of parents with autistic children worry that their children will not have enough financial support once the parents pass away. Compounding these worries is the fact that caring for an autistic child can drain a family’s financial resources, making it difficult to save for the future.

An experienced estate planning attorney can work with you to ensure that the assets you do have are protected and that your child’s future is secure. Not only will your child be provided for, but your assets can be managed in such a way that your child does not become ineligible for government aid.

Congress considering changes to the estate tax laws

blog@www.shieldsandboris.com (news Author)8298 — Sun, 26 Apr 2009 08:00:00 EST

Members of congress are trying to reach a compromise on a confusing estate tax law. Under the current law, the estate tax is calls for an exemption of $3.5 million with a top tax rate of 45% in 2009, then the estate tax would completely disappear in 2010, only to reappear in 2011 in more severe form.

As the estate tax law stands right now, in 2011 the exemption level would be only $1 million with estates worth more being taxed at rates as high as 55%. After a year with no tax at all, the change is dramatic.

This confusing and confounding estate tax law was enacted in 2001. However, some members of Congress believe that allowing the estate tax to expire completely would be a questionable move in today’s economy – as would returning the estate tax to what they were in 2001.

In order to avoid the havoc that could be caused by the 2010 / 2011 estate tax changes, President Obama has proposed freezing the estate tax at the current 2009 levels.

Five estate planning mistakes made by parents with special needs children

blog@www.shieldsandboris.com (blog Author)11318 — Sun, 26 Apr 2009 08:00:00 EST

Parents of special needs children are often so busy that they may neglect to attend to important estate planning matters. Unfortunately, many special needs children are left without a plan for care in place when their parents pass away – or they are left with a plan that leaves them unable to apply for the government aid they desperately need.

If you are the parent of a special needs child, ask yourself if you are making one of these common mistakes:

No special needs trust or any other kind of plan in place to provide care for your child after you die
You don’t have a life insurance policy, or you don’t have one that will provide adequately for your child
You have a life insurance policy but don’t know that you can take advantage of accumulated cash value in a permanent policy to pay for your child’s care
You’ve named your child as your beneficiary, potentially disqualifying your child for government aid
You’ve left your entire estate to your child, again potentially disqualifying your child for aid

You can read more about special needs trusts in our law library article “Secure your child’s future with a special needs trust” and our blog post “Could you benefit from a Special Needs Trust?” If you would like to discuss your own situation with an estate planning attorney, please contact the Pennsylvania law offices of Shields and Boris.

Discrepancy in POW benefits

blog@www.shieldsandboris.com (news Author)8191 — Sat, 18 Apr 2009 08:00:00 EST

    Attorney Jim Shields concentrates on legal issues affecting veterans. A recent article by Associated Press      says that the number of POWs claiming disability benefits exceeds the number of POWs. According to the Department of Defense there are 21 surviving POWs from the first Gulf War in 1991. But the Department of Veteran Affairs (VA) is paying benefits to 286 service members that their records say were taken prisoner during that conflict.

    Because of the trauma suffered by prisoners of war, the government allows them additional benefits like free parking, tax breaks, and special medical treatment.

    The article also claims there is a discrepancy with the number of Vietnam POWs. According to Defense Department figures, there are 661 officially recognized prisoners of war who returned from Vietnam alive, and 100 have since died. But the VA says that 966 veterans are getting disability payments.

    The article says the problem is that the Defense Department determines POW status and the VA awards benefits, but the two branches of government don't work together to verify the lists.

Many special needs children lack plans for lifetime of care

blog@www.shieldsandboris.com (news Author)8185 — Fri, 17 Apr 2009 08:00:00 EST

Raising a child with special needs can be challenging for parents, so much so that they may neglect other areas of their life. One area that is often overlooked is planning for the future, something that can ultimately be detrimental to the well-being of a special needs child.

With approximately 2.6 million children in the United States classified as special needs, long-term plans for their care is critical to not only the individual children but to the country. Without adequate forethought, after the death of caregivers or parents there might be nobody left but the government to care for the special needs individual.

A survey by The Hartford found that 62% of parents with a special needs child had no plan for the future care of their child. In addition, parents who had made plans often made mistakes that could disqualify their child from receiving government assistance.

The study highlights the importance of consulting with professionals about special needs trusts, life insurance policies, financial plans, and other estate planning activities that can be used to preserve a secure future for a special needs child.

Safety issues for elders

blog@www.shieldsandboris.com (blog Author)11006 — Thu, 16 Apr 2009 08:00:00 EST

Attorney Jim Shields concentrates on legal issues affecting the elderly. According to the Consumer Public Safety Commission, falls are one of the leading causes of injuries and deaths among the elderly, adults aged 65 and older. The CPSC has put together a Neighborhood Safety Network on their website that includes lots of resources and a checklist to follow to help older adults avoid falling in their homes. These suggestions include always using handrails on stairs, keeping the house well lit night and day, removing things that could cause falls such as cords, loose rugs, and using grab bars in the bathroom. For more information, go to http://www.cpsc.gov/nsn/elderly.

One of the things that could contribute to falls is poor lighting. According to studies conducted by the American Association of Retired People (AARP), elderly people need more lighting as they get older to see properly. The AARP recommends letting as much natural light into the home as possible because it's free. They also suggest adding more incandescent lighting fixtures around the home and increasing the wattage of the light bulbs. Be sure that all walkways, stairs, and entrances have plenty of light. Motion sensor lights are helpful because they go on when someone gets close to the house, when it gets dark, or when someone makes a sound. This is good for preventing falls as well as discouraging thieves.

Are you at risk of dying intestate?

blog@www.shieldsandboris.com (news Author)7947 — Mon, 30 Mar 2009 08:00:00 EST

A recent article posted at The Motley Fool warns of the dangers of dying intestate. If you die intestate, it means that you passed away with no valid will or trust. Is this a big deal? Absolutely.

If you die without a will or trust, the state government takes over. Each state uses formulas to decide how to disburse your assets, and it can leave your loved ones frustrated. Without a will or trust, your estate won’t be handled the way you would have wanted, the government can let your estate linger in probate for a long time, and it could cost a pretty penny to get everything settled.

To avoid leaving a legacy of bureaucratic red tape, the Motley Fool has three pieces of advice: find a lawyer who specializes in estate planning, stay up to date on tax changes and other legal matters that could affect your will or trust, and make sure the right people know where to find these important documents.

The importance of estate planning in a down economy

blog@www.shieldsandboris.com (blog Author)10429 — Mon, 30 Mar 2009 08:00:00 EST

There is no way to hide from it – as we all know the U.S. economy is in a recession. Your estate has probably already taken a hit, what with real estate values down and stock prices depressed. But regardless of what is going on in your portfolio, it is as important as ever to make sure you have all your ducks in a row in case you should pass unexpectedly.

One unfortunate side-effect of a bad economy is that your estate may be more prone to disputes after your passing. When money is tight, heirs can become unusually adversarial, and all your careful planning could be for naught if you don’t make sure your will and trust documents are precisely worded.

It is important that you sit down with your estate planning attorney and determine if the intent of your will matches the wording in your will. You want to be sure there is no “wiggle room” that could result in protracted legal battles amongst your heirs. It isn’t uncommon for attorneys to see the number of fights over inheritance go up in a recession, and you should do what you can now to make sure your will and trust documents don’t cause problems down the road.

You can read more about estate planning in our library articles “Could you be doing more to manage your estate and protect your assets?” and “Three Reasons to Focus on Estate Planning”.

Seniors warned to be wary of living-trust scams

blog@www.shieldsandboris.com (news Author)7933 — Fri, 27 Mar 2009 08:00:00 EST

Living trust scams are a problem for seniors all over the country. Authorities in Pennsylvania are warning senior citizens about probate and living trust con artists who could cost them thousands of dollars.

Unscrupulous individuals often try to sell living trusts to elderly people. These individuals are often nothing more than sales agents trying to earn a commission by selling investments or living trusts that may be of questionable value.

Probate and living trusts are not a "one size fits all" issue, which is why it is important for anyone interested in estate planning to contact a qualified, reputable source for information. Scam artists thrive on selling useless plans and advice to people concerned about their future, and senior citizens are a favored target of such individuals.

Individuals seeking to start a living trust are urged to do their homework, steer clear of offers involving high-pressure sales tactics, and look beyond fancy sounding credentials.

Debt collectors target the dearly departed

blog@www.shieldsandboris.com (news Author)7798 — Thu, 19 Mar 2009 08:00:00 EST

In a sign of how difficult economic times are for debt collection and credit agencies, many are targeting a rich new source of income: collecting debts of the dead.

Collections agencies are finding that calling the relatives of deceased individuals to ask that they pay their loved one’s debt is a fruitful pursuit. Many family members feel obligated to pay the debts of their kin, even though they may not be required to do so by law (laws differ by state).

While collections agencies can target the estate of deceased individuals, many are finding that a gentle touch with living relatives is easier and yields better results. Agents are specially trained to speak kindly and compassionately to family members, in the hope that the positive interaction will induce them to pay up.

Estate tax isn't going anywhere

blog@www.shieldsandboris.com (news Author)7797 — Thu, 19 Mar 2009 08:00:00 EST

President Obama has taken steps to make the estate tax permanent. According to the recently passed Emergency Economic Stabilization Act, the estate tax will disappear in 2010, but it will reappear in 2011 with an estate exemption of one million dollars.

Significant changes in estate tax law are also expected in 2009. It is likely that new legislation will be passed that will repeal the repeal of the 2010 estate tax expiration. Replacing the expiration could be a permanent exemption around $3 to $4 million. The maximum estate tax rate is expected to be 45%.

This means that the estate tax situation is most favorable until 2011, when the exemption ceiling lowers by several million dollars.

Importance of Special Needs Trusts Highlighted by Non-Profit

blog@www.shieldsandboris.com (news Author)7615 — Wed, 04 Mar 2009 08:00:00 EST

Parents and caregivers of individuals with special needs have been reminded of the importance of special needs trusts and estate planning by the non-profit Good Shepard Legal Foundation (GSLF). According to Census survey data, over 41 million Americans have some kind of disability, which is about 15% of the population over the age of 5.

With so many Americans living with disabilities, parents and caregivers must consider how their disabled loved ones will survive should they outlive those who provide their daily care and support. One way to ensure the long-term needs of these children and adults is to establish a Special Needs Trust.

Special Needs Trusts can be set up to eliminate estate taxes, protect government benefits, and prevent court control of assets. Caregivers should be reassured that these Trusts do not interfere with benefits like Medicaid, subsidized housing, Supplementary Security Income, or food stamps.

Could you benefit from a Special Needs Trust?

blog@www.shieldsandboris.com (blog Author)9611 — Wed, 04 Mar 2009 08:00:00 EST

If you are caring for a loved one with special needs, you may have heard of Special Needs Trusts. Special Needs Trusts are different from regular Trusts in that they are set up specifically to hold assets for disabled, chronically ill, or special needs individuals under the age of 65.

If you are the parent, family member, or caregiver of a person with special needs, here are some reasons you should consider setting up a Special Needs Trust:

Assets held in a Special Needs Trust are not countable towards the individual’s eligibility for government benefits. While the individual may not need government benefits now, they may in the future and it is best to ensure that assets will not stand in the way of getting them the help they need.
Funds in a Special Needs Trust are not subject to creditors or seizure. This means that the assets are protected if the individual is sued for any reason, as they would not be subject to a judgment.
Setting up a Special Needs Trust ensures that the funds will only be used to care for the individual for whom the Trust is set up. You don’t have to worry about another family member or friend compromising the assets and leaving your loved one without the means to care for themselves.

These are just a few reasons why you should consider setting up a Special Needs Trust for your loved one. To learn more about these Trusts and other estate planning issues for special needs children and adults, please contact the elder law offices of Shields and Boris.