Did you know that April is Autism Awareness Month? Do you have a loved one with autism? Planning for your loved one’s future is very important. Although the specific needs of an autistic individual can vary greatly depending on the severity of their autism, many people with autism need assistance throughout their entire lives.
Without a doubt, the most important part of planning for a loved one with autism is to begin early. Whether you care for your loved one in your capacity as a parent, grandparent, or sibling, part of your role is to make sure there is a solid legal, financial and medical foundation in place.
In our law office we work with families of special needs loved ones and the challenges they face each and every day. We know how hard it can be to start this type of estate planning, and we know it is hard to think about a time when you may not be here to provide care yourself. To assist you in starting this process we would like to share a few answers to questions you may have regarding planning for your autistic loved one.
1. Will I always have the authority to make decisions for my autistic child? Not if you do not plan ahead. In Florida when a minor with autism reaches the age of majority, he or she becomes a legal adult. Even if his or her developmental, cognitive or mental disabilities are severe, in the eyes of the law your child will be deemed an adult. Without planning, you will lose your legal authority.
2. My autistic loved one cannot safely make decisions at this time, what can I do? We recommend that you start by making a list of what your autistic loved one can and cannot do. This includes medical, educational, financial, legal and vocational decisions. You may, in fact, want to create a daily log or diary of all the activities, appointments and recreation that you and your loved one do. In addition, do not forget to carefully assess his or her abilities to make rational decisions, choices related to self-care and to be able to communicate for him or herself. This is the starting point of what you will share with your Florida estate planning attorney as you begin to think about the authority you need as a part of the guardianship process.
3. Is there a less restrictive guardianship that the court could consider since my child can make some decisions?
Yes, the court can. The key to guardianship is ensuring that your loved one is safe. Although you may be tempted not to proceed to obtain guardianship over your autistic loved one, we would encourage you to talk to your Florida estate planning attorney first. You do not want to be in the situation in the future where a decision needs to be made that requires legal authority, and you do not have it.
4. Should I consider a backup guardian? Yes, you should definitely discuss with your Florida estate planning attorney who could take over your guardianship role when/if you can no longer handle the responsibility. With your attorney, you can create the legal documents you need together with a letter of intent. This letter is a document that will act as a roadmap for guardians and trustees to navigate medical, financial and legal decisions once you are no longer able to act.
5. What is a special needs trust? Should I look into one for my loved one with autism? There are different types of special needs trusts you can create for an autistic person. A major benefit of special needs trust planning is it allows an autistic person to not lose access to key government benefits, such as Medicaid and Supplemental Security Income (SSI). If your autistic loved one was inherited directly, without a special needs trust in place, he or she could be at risk of losing his or her benefits until the money received is spent down on his or her care.
Finally, the main principle to follow in planning for a loved one with autism, or any special need, is to ensure he or she has enough support throughout the remainder of his or her life. Ensuring your loved one is taken care of, even when you can no longer be there to assist, is critical. Do not wait for a crisis to plan forward with your Florida estate planning attorney
We know this article may raise more questions than it answers. Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
Are you planning to make an appointment with a Florida estate planning attorney and create your estate plan? Have you been putting it off because you have so little time? Having an estate plan is critical, however, it is even more critical if you have a loved one with Down syndrome. When you have a loved one with Down syndrome it can result in both mental and physical challenges for your loved one. You and your loved one need planning protections in place for whatever the future holds for your loved one with Down syndrome.
As the parent of a loved one with Down syndrome you have been both an advocate and caregiver for your loved one. As a parent, advocate and caregiver, you are in charge of many daily tasks including, but not limited to, the following:
• Personally caring for your loved one
• Being sure to protect and advocate for your loved one’s rights
• Making sure your loved one has access to education
• Securing government benefits
• Locating and regularly visiting doctors and specialists
• Organizing and managing prescription medications
• Keeping a stable home environment
• Assist your loved one in all interactions, including with family members and the outside world
• Always protecting your loved one from harm
• Staying aware so that your loved one is not taken advantage of
With so much responsibility for your loved one, the idea that there might come a time when you are no longer here to care for your loved one can be frightening. That is why planning ahead and putting protections in place for your loved one with Down syndrome is so important.
In fact, this is where we can begin the discussion on estate planning and being sure that your loved one is protected should there come a time when you are no longer here to care for him or her. With a comprehensive Florida estate plan you can choose who your successor is for your loved one’s person as well as have a plan in place for your loved one’s financial stability. By planning ahead with your Florida estate planning attorney, who is experienced in this area, you can work together to create a care team that can act in your place when you are no longer here.
By working with your Florida estate planning attorney you will create your estate plan for your loved one with Down syndrome. Your plan will probably include special needs planning because estate planning in this area can include:
• A special needs trust
• Making choices regarding future healthcare decision makers
• Planning for the financial security of your loved one
• Transition plans to ensure someone can access government benefits
As the parent of a loved one with Down syndrome your daily care and attention is knowledge that is invaluable to anyone coming after you. You should consider making a detailed list of instructions on just what it is you do. In fact, we know many loved ones of family members with Down syndrome have fought significant battles for years and they know both what to do and what not to do when it comes to caring for their loved one. With that said, it is important for you to provide instructions for future advocates so they are not at risk of not knowing what to do in specific situations.
Your estate planning attorney has the experience to talk to you about what it means to create a special needs trust for your loved one with Down syndrome. You want to share your concerns with your attorney as well as what your goals for the future are. Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
Are you searching for some key ideas on how to avoid probate in Florida? Are you contemplating creating an estate plan? Are you planning to at least create a last will and testament sometime in the future? Is your idea that with a last will and testament you can avoid probate? We encourage you to keep reading.
First, creating a Florida last will and testament is extremely important. That being said, it cannot be used to avoid probate and this is why. A will is a set of instructions for your personal representative, who you choose when you create your will. Your will directs your personal representative, with written instructions, in how to distribute all of your assets. You may have assets that include a house, a vehicle, bank or brokerage accounts or personal items. Now, the important information you need to know is that upon your passing your personal representative will be required to probate your will. Probate takes time and, possibly, money from your estate. Now, knowing all about a will, you should consider other estate planning tools if you want to keep your assets out of probate.
A key idea to avoid probate would be to use the estate planning tool called a trust. We recommend you meet with your Florida estate planning attorney to discuss the addition of a trust to your estate plan. He may advise that a revocable trust would be a good way to avoid putting your estate through probate. In addition to creating your trust, your Florida estate planning attorney will help you put all your current assets into your trust. Now once you have worked with your Florida estate planning attorney and created and funded your trust you may think you are done. However, that is not the case. As time goes by, there may be many changes in your assets, you may sell some assets and acquire other assets. The key idea here is that in order to avoid probate all changes in your assets must be reflected in your trust. Do not forget to put your new assets into your trust! The key idea is to be aware that only the assets in your trust will avoid probate. Any other assets you may have acquired, but forgot or erred to put into the trust, will have to go through probate.
A key idea, and one that is often overlooked, is to have a plan in place to meet annually or biannually with your Florida estate planning attorney. You and your attorney can look at all your estate planning tools to make sure they are up-to-date and that you can still accomplish your goal of having your estate avoid probate.
Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
Have you wondered whether to add a trust to your estate plan? Are you hesitant because you have heard that sometimes a trust will fail? On the other hand, did you know that trusts are often considered one of the most useful estate planning instruments? For example: They can keep an estate out of probate. They can be utilized for tax planning purposes. They can be used as a vehicle for long-term care planning by structuring a person’s assets in a way that makes him or her eligible for Medicaid to cover the expense of a nursing home. However, we are aware that trusts may also fail. That is why we would like to share with you three of the top reasons why a trust may fail.
1. Failure to fund. Is a trust complete once it is drafted and signed? Absolutely not! The trust must now be funded. All of the assets described in the trust should be moved into the trust in order for the trust to be funded. Unfortunately, the trust’s beneficiaries may find that they will not receive anything from the trust because it was never funded.
Be aware that this means that the trust must hold title to all of the assets. This involves changing the deed on the home, the title to cars, boats, RV’s, the ownership of bank accounts and stock certificates intended to be transferred into the trust. So do not forget, even though funding a trust is a critical step in properly establishing a trust, it is also one that may be overlooked.
2. Failure to update. It is very important to know that a trust is not a document that is created and then placed in a drawer or safety deposit box. Whenever there is a significant life change, such as the birth or death of a loved one, a divorce or a remarriage, or even the death of your trustor, a trust should be updated or, at least, reviewed. All life events can impact who inherits from your estate.
3. Failure to reflect current law. Because the laws on trust and estates may change, you should have your trust reviewed. Your trust may have been drafted under one set of laws, but there may be new or updated laws at the time of your passing, which have the potential to invalidate portions of your trust. The best solution to this problem would be to work with a Florida estate planning attorney. He can provide periodic bulletins regarding significant changes in the law, which can alert you to the need to have your trust revised. Make it a point to have your trust periodically reviewed by your Floria estate planning attorney to assure that it is supported by current law.
Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
Have you created an estate plan? Are you planning to? Did you know that, according to a 2022 wills survey, less than one-third of Americans have an estate plan in place? Interestingly, though, almost two-thirds of Americans admit that having an estate plan is important. The primary reason why people do not have an estate plan in place, even though they believe it is important, is because they believe that they do not have enough assets, according to this same survey. We would like to discuss four important reasons for you to begin working with an experienced Florida estate planning attorney to create an estate plan to protect your assets and your wishes.
1. Minimize estate taxes. By creating your estate plan you may be able to minimize the amount of taxes your estate may have to pay. It depends on the size of your estate and the location of your property, as to whether the tax burden may be very substantial if the proper estate plan is not put into place.
2. Take care of your children. There are multiple reasons why estate planning can be important if you have children. One very important reason is that you have the opportunity to name in your will who you would want to raise your children in the event of your death. If you do not have a will with this information, the court will probably have to step in and make that decision. Another important reason is in the handling of your assets for your children. You, of course, want to decide how your assets are distributed to your children in the event of your death. However, if you die without an estate plan, the decision about the distribution of your assets will probably be governed by the laws of the state of Florida.
3. You want everything private. Are you concerned about the public nature of probate? Do you want to keep your estate affairs more private? By working with a Florida estate planning attorney you can take advantage of a variety of estate planning documents that can help you accomplish this task.
4. You need to plan for incapacity. Are you aware that estate planning is not just about what happens to your assets when you die? In fact, no matter what your age or what your assets are, what would happen if you were suddenly incapacitated due to an accident or illness? Who would pay your bills, monitor your business, take care of your children or make medical decisions? All of these questions can be answered in a good and thorough Florida estate plan.
Our office is here to help you navigate the legal issues related to creating a good Florida estate plan. We encourage you to contact us and schedule a meeting with our attorneys.
Is there a senior loved one in your family who has been able to live on his or her own successfully for years? Are you beginning to notice signs of fatigue, loss of weight or more days of not feeling good? It may be time for your senior loved one to move into a nursing home. It is a difficult decision to make, but have you and your family realized that your loved one needs a higher level of skilled care that only a nursing home may offer. Are you and your family concerned and want to protect your loved one from any abuse and general mistreatment in a facility? What should you and your family do now?
First, when you begin your search, make sure the nursing home is Medicare certified and accepts Medicaid. Medicare certification will assure you that there are standards that must be maintained and Medicaid approval may be able to help your loved one financially. We would like to share a few other ideas you can add to your checklist to help you and your family make the best decision for your loved one.
1. Find out if residents may have their personal belongings, including furniture, in their rooms. Is there storage space, such as an appropriately sized closet, in the room?
2. Find out what the various amenities are that are provided by the nursing home. Is there a computer and internet access in the bedroom? Is there a television? Is there a window to provide natural light? Having these types of comforts can help ease the transition into the nursing home.
3. Find out what type of activities the home offers and if the facility helps residents who may not be mobile. Are there outdoor areas for your loved one to use? Will your loved one be able to choose what time to get up, go to sleep, or bathe?
4. Find out about the support provided for residents with advanced health care needs. This is very important if your loved one is not in very good health and, in fact, this is the reason you and your family are looking for a nursing home. For example, a common disease that impacts many Older Americans is dementia. If your loved one has dementia, you will want to know if the nursing home has specific policies and procedures related to the care of residents with dementia. If the facility does have patients with dementia, what types of non-medication based procedures do they employ when trying the first attempt to respond to behavioral symptoms for residents living with dementia? Find out what percentage of residents have dementia and are currently being prescribed antipsychotic medication. This will help you to understand the type of residents that your loved one will be surrounded by as well as the home’s workload.
Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. Our office is here to help. Please contact us today to schedule a meeting time.
Do your loved ones live in a different town or state from you? Are you concerned about them? How could you help them if they needed it or if a crisis occurred? May is National Elder Law Month and these questions are often repeated during this month-long celebration. That is why elder lawyers go out into their communities during the month to focus on and educate our aging population and their families about the help, care and legal documents that seniors need. This month calls for not only seniors, but communities across the nation and adult family members to get involved.
So how can you help the elders in your life? More importantly, what do you do if your elder loved ones live out of town? We know you may have these questions and more. We would like to share three strategies to help you on our blog this month.
1. You should consider increasing communication. Call often, you could even set up a certain time of the day and call daily or every other day, whatever works best. If possible, visit whenever you can. In addition, enlist the help of other family members and friends, especially if any of them live in the same town or close to your aging parents. Did you know that regular communication helps prevent isolation and can identify unmet needs and problems? Ask leading questions, like, “What are you doing today?” or “What did Dr. Smith have to say?”
2. You should consider using a caregiver notebook. Create and keep up-to-date an online digital notebook of doctors, health providers, insurance agents, friends, neighbors and other important contacts for your aging out-of-town parents. You could also share it with other family members. Also, think about keeping an up-to-date online calendar.
3. You should consider finding daily assistance. As we have mentioned before, long distance relationships are difficult at any age. For out-of-town seniors, it is important to build up a good, reliable and caring network of assistance. Look into coordinating with different organizations and individuals to schedule frequent assistance, such as meal deliveries, social visits, and check-ups from home health aides.
Do you have questions? Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
Have you and your loved one just received the news that your loved one has Parkinson’s disease? Are you learning that as Parkinson’s progresses, the inability of your loved one to walk, bathe, and dress increases, as does the risk of falling? Also, if Parkinson's prohibits your loved one from living in his or her home, you and your loved one are now faced with the difficult decision of having to move your loved one into a nursing home. With the decision to place a loved one in a nursing home, there is also the question of how to afford the exorbitant cost of the nursing home? How can you pay for a nursing home if your loved one has Parkinson’s?
Start by determining if your loved one has any benefits which could possibly cover the cost of a nursing home. These benefits could include a long-term care insurance policy, life insurance policies, which can be cashed out, or veteran’s benefits. If your loved one does have one or more of these benefits, gather all the supporting documents, which may include original insurance policies or proof of veteran’s benefits and make copies. By talking about and locating these benefits now, you have the required proof of coverage should your loved one’s mental capacity decline as Parkinson’s progresses.
Next, you should seriously consider meeting with a qualified Florida elder law attorney. An elder law attorney, experienced in the area of long-term care planning, can assist in the review of any benefits you believe may cover the cost of a nursing home. In addition to the benefits, meeting with an elder law attorney can be one of the most reliable ways of determining how to afford a nursing home, when the time comes. In the discussion of paying for a nursing home you and your loved one need to know that Medicare does not cover the cost of any long-term nursing home care, Medicaid does. However, eligibility for Medicaid is based upon your loved one’s assets and, again, a qualified elder law attorney may assist in the drafting of planning documents, such as a trust, which may make your loved one eligible for Medicaid. This type of planning is most effective if conducted early, because there are time limits on the transfer of assets, which may affect Medicaid eligibility.
We know that a diagnosis of Parkinson’s disease is stressful, and it typically comes with many other issues to navigate. By working with a qualified Florida elder law attorney early in the diagnosis, you and your loved one can develop the best strategy of helping to assure your loved one will be able to afford a nursing home when the time comes. Your loved one will then have the peace of mind that he or she will receive the care that he or she needs, and you and your loved one can focus on sharing quality time in the present and future.
Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
Do you have a loved one with a disability? Do you have a loved one recently diagnosed with multiple sclerosis? As you and your loved one know, it can often be a lengthy and stressful time to get a diagnosis of MS. As you, your family and your loved one work to accept the diagnosis, you may need to begin special-needs planning. We would like to discuss some special needs planning tips for you and your loved one.
• Early planning is essential. In many cases of multiple sclerosis, the brain loses the ability to send messages to certain parts of the body, which may impede a person’s ability to communicate. We realize this can be a frightening prospect to confront but it makes early planning necessary to prevent any issues of testamentary capacity from arising. In addition, if your loved one has minor children, one of the most important things to do may be to name a guardian for the children, in the event that your loved one becomes unable to take care of them.
• Your loved one should make medical wishes known. Your loved one should have health care documents in place, such as a living will and health care surrogate. The living will can set forth your loved one’s wishes regarding end of life medical care. A health care surrogate can designate a trusted loved one to make medical decisions on his or her behalf in the event of incapacitation. Most importantly, because of the high level of medical care associated with multiple sclerosis, it may be important to work with a Florida estate planning attorney experienced with multiple sclerosis, so these documents have sufficient detail in terms of MS treatment.
• Prepare for long-term care. The cost of care and assistance for a person with progressive multiple sclerosis can be quite high, especially as the disease advances. There is often in-home modification, in-home assistance, or placement in a residential facility needed. A special needs trust may be the best option for managing the finances of your loved one, while helping to assure eligibility for government assistance. If your loved one’s mental capacity decreases, the trustee will be able to manage the financial affairs of your loved one.
Although the diagnosis of multiple sclerosis, coupled with special-needs planning, can feel overwhelming, consider following these suggestions and working with an experienced Florida elder law attorney who understands capacity to help ease the process. Special needs planning is not the end of the road. Rather, the purpose is to ease some of the burden for you and your loved one, by assuring his or her needs are met. Most importantly, there may be good days and bad days with multiple sclerosis, so try not to let yourself or your loved one be controlled by the diagnosis. Make plans and memories and keep enjoying life.
Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
Are you an adult child caring for your aging parent? Did you know that loss of memory may be a part of the aging process? As you care for your aging parent, how do you know when memory issues are serious enough to warrant intervention? What happens when your parent will not tell his or her physician that he or she is experiencing memory issues. Let us discuss some warning signs your aging parent may need memory care soon.
1. Appearance changes. With declining mental status there may be changes in appearance. For example, your parent may forget to bathe or stop putting an effort into his or her appearance, or even continuously wear the same outfit. This may be happening because he or she is forgetting to tend to hygiene or has confusion regarding the steps involved in hygiene. You know your parent best and are in a good position to see if there is a significant change in appearance.
2, Weight loss. Severe dementia may cause your parent to lose weight but there may be several other causes. Forgetting to eat may be the simplest cause, but if your parent does his or her own shopping he or she may be from getting lost on the way to the market, misplacing credit cards or having them turned off because your parent forgot to make the payment. Often, a combination of these factors may make the process of shopping for and eating food feel too overwhelming, and your parent may simply try to survive on what he or she has. If you do notice a sudden unexplained weight loss, you will need to engage your parent in a conversation about meals and grocery shopping. From a safety perspective, you should also determine whether your parent is at any risk of cooking related injuries, including burns or leaving the stove on, which may warrant immediate intervention.
3. Medication not taken. Are you noticing extra medicine around, or is your parent experiencing medical symptoms from not taking the proper medications, such as suddenly increased blood pressure or elevated blood sugar? These are sure signs that your parent is forgetting to take his or her medications.
4. Starting to get lost. If your parent is wandering or getting lost on routine routes this is a primary sign of dementia. When you try to talk to your parent, however, he or she may be unwilling to discuss it out of fear or shame, or his or her memory loss may cause him or her to be too confused to fully comprehend the situation. Try to visit your parent at a different time of day to see if they are wandering or getting lost or ask his or her neighbors to call you, if they see anything out of the ordinary.
5. Often agitated. Memory loss can be emotionally stressful. If your parent seems to be a little off, or gets easily angered, or begins lashing out, your parent may be experiencing memory loss. Often, memory decline will cause your parent to accuse family members and friends of stealing, as an explanation for misplacing things. If your parent accuses you of stealing, rather than take it personally, it may be time to call his or her doctor.
6. Depression. The aging process, medications, or a number of other reasons may cause depression. If you start to notice signs such as withdrawing from going outside, interacting with others, and increased isolation it may be time to not only talk to your parent but seek medical help.
If you observe any of these symptoms in your parent, first make sure he or she is in a safe environment and check on him or her more frequently. After this, speaking with his or her physician will provide you guidance in getting him or her appropriate memory care. Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.
