Recognizing the Need for Outside Help in Caregiving

Article: Recognizing the Need for Outside Help in Caregiving

Caregivers often don’t recognize when they are in over their heads, and often get to a breaking point. After a prolonged period of time, caregiving can become too difficult to endure any longer. Short-term, the caregiver can handle it. Long-term, support is needed. Outside help at this point is often necessary.

A typical pattern with an overloaded caregiver may unfold as follows:

· 1 to 18 months--the caregiver is confident, has everything under control and is coping well. Other friends and family are lending support.

· 20 to 36 months--the caregiver may be taking medication to sleep and control mood swings. Outside help dwindles away and except for trips to the store or doctor, the caregiver has severed most social contacts. The caregiver feels alone and helpless.

· 38 to 50 months--Besides needing tranquilizers or antidepressants, the caregiver's physical health is beginning to deteriorate. Lack of focus and sheer fatigue cloud judgment and the caregiver is often unable to make rational decisions or ask for help.

It is often at this stage that family or friends intercede and find other solutions for care. This may include respite care, hiring home health aides or putting the disabled loved one in a facility. Without intervention, the caregiver may become a candidate for long term care as well...

Please read the entire article and previous articles: Either click on the link http://www.planforcare.org or copy and paste the following into your browser: http://www.planforcare.org.

Please note: This article is provided for informational purposes only, and the resources provided when you follow the applicable "link" may or may not be recommended by our office. .

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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Safe Voyage! Travel For Older Adults

Travel for Older Adults

This is an article from our friends at Senior Helpers that our readers may find helpful. Contact Information: Chad Neighbors (401)825-7200 cneighbors@seniorhelpers.com in Warwick, Rhode Island.

Safe Voyage! Travel for Older Adults

Staying physically active and connecting with other people are two important keys to successful aging, and travel is a great way to do both at once! Discounted travel packages designed for seniors are one of the "perks" of being an older traveler. And with the generations spread across the country, visits keep families connected. But some seniors hesitate to travel because they are afraid of illness or injury, or of getting lost, or encountering hazards along the way.

Even if an older adult's physical condition makes travel more of a challenge, many obstacles and potential problems can easily be overcome with a little advance planning. It is important to:

-review the traveler's health insurance policy before the trip. What are the conditions for receiving medical care out of the service area? Do benefits apply when traveling abroad?

-make sure immunizations are up to date, including the specific immunizations recommended or required for the area being visited.

-bring along enough medication for the trip, packed in carry-on luggage. Especially if traveling abroad, leave medications in their original prescription containers.

Special Assistance for Disabled Travelers

Some seniors are reluctant to travel because they feel insecure negotiating the crowded service desks and corridors of busy airports and other transportation terminals. A person with hearing difficulty often has the hardest time when there is significant background noise. A person with dizziness, limited vision, or mobility problems may fear falling or being jostled by crowds. But people who are basically able to travel and just need a little extra assistance can take advantage of these services available to travelers:

Boarding assistance-
Most airlines and rail lines have wheelchairs available for those unable to walk long distances, and some also offer formal "meet and assist" programs. It is best to confirm these services when booking tickets. At the gate, pre-boarding is usually available for persons who need extra time or feel unsafe in the crowding of general boarding.

Oxygen-
Persons with medical conditions requiring the use of an oxygen tank can travel safely on most kinds of public transport. Airlines have strict requirements about oxygen use. These usually include a letter from a physician explaining the person's oxygen requirement and a statement certifying that the oxygen provided by the airline is acceptable.

Disabled accessibility-
Most aircraft are wheelchair-accessible, though some small commuter planes are not. Trains and ships generally have a limited number of disabled-accessible cabins or compartments. Many resorts offer specially designed rooms and suites for use by persons in wheelchairs. Reservations for special facilities should be confirmed in writing before the trip begins.

Five Health Tips for Airline Passengers

Gone are the days when traveling by plane was a pampering treat! Nowadays, long security lines, delays and cramped seats are the norm. You can minimize discomfort by following a few steps:

-Get plenty of sleep before you leave.
-Drink water and avoid alcohol and caffeinated beverages to avoid becoming dehydrated.
-Change sitting position frequently and walk down the aisle occasionally to avoid stiff joints or (in rare cases) dangerous blood clots.
-If you have a cold, take a decongestant and chew gum on takeoff and landing to avoid ear pain.
-Check with your doctor ahead of time if you have any questions about flying with your medical conditions.


(c)2008 IlluminAge Communication Partners

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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

TAX DEDUCTION FOR FAMILY CAREGIVER SERVICES

TAX DEDUCTION FOR FAMILY CAREGIVER SERVICES

The following Article was written by: Kim Boyer, CELA, BOYER LAW GROUP, www.elderlawnv.com and provided to our office via the Veterans Advocates Group of America monthly e-newsletter called VAGA News.
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Many times family members or friends provide care to a loved one for a fee. These family members or friends are typically unlicensed caregivers. Can the person paying for the care deduct the payments as a medical expense on their income tax return?

Medical expenses, not compensated for by insurance or otherwise, may be allowed as a deduction to the extent that the expenses exceed 7.5% of the taxpayer's adjusted gross income. Medical care can include amounts paid for "qualified long-term care services" as defined herein. The taxpayer must be certified as "chronically ill" by a licensed health care professional. The services must be provided pursuant to a plan of care prescribed by a licensed health care professional.

The U.S. Tax Court recently ruled on the issue of whether payments to unlicensed care providers were deductible. Estate of Lillian Baral v. Commissioner of Internal Revenue (July 5, 2011).

The tax court examined whether payments totaling $49,580 made by Lillian to Ms. Pzevorski and Ms. Jakubowski were deductible. Neither of them were licensed healthcare providers. Thus, the payments were not deductible as medical expenses. However, the court found that payments to them could be deducted if their services qualified as "long-term care services" as defined under the tax code.

After analyzing the tax code, the Court found that the care provided constituted "maintenance or personal care services" for a "chronically ill individual" provided pursuant to a "plan of care prescribed by a licensed health care professional." Thus, Lillian could deduct $43,273 of the payments made to the care providers (the amount paid which exceeded 7.5% of her adjusted gross income).

For Medicaid purposes the payments will be considered gratuitous when provided by a family member, unless there is a written contract. It is advisable that there be a written contract providing for reasonable compensation and specifying the nature of services to be provided.

**This article/newsletter is not intended as a substitute for VA, legal, or other professional advice. Every effort has been made to make the content of this newsletter accurate; however, neither VAGA, nor any of its founders, assume any responsibility for errors in content or damages that may occur as the result of using the information contained within this newsletter or from any associated website or e-mail links.
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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Myths and Facts About Pain and Older Adults

Article provided by: Senior Helpers (see contact info at end of article)

Answers to "Myths and Facts About Pain and Older Adults"

1. Pain is a normal part of aging.
Myth. Although older adults are more likely to experience pain, it is not a "symptom" of aging, and should not be considered as inevitable.

2. It would be great to eliminate all pain!
Myth. Pain is a signal to the brain that something threatens the well-being of the body. It is the mechanism that warns us of injury or illness. Without it, we could not survive.

3. Sometimes pain is caused by injury to the nerves themselves.
Fact. Sometimes the nerves send "false signals" that something is wrong with a body part or organ. Damage to the nerves, spinal cord, and brain can cause this persistent pain.

4. Pain can be "all in your head." Myth...and Fact. While most pain is the result of physical causes, how we think about pain can make a difference. Stress and anxiety magnify our perception of pain, which leads to more stress and anxiety. But the cycle can be broken through pain control techniques.

5. Medication is the only treatment that can relieve pain. Myth. There are many other options for pain treatment--physical therapy, massage, exercise, regional anesthesia, relaxation training, yoga, and biofeedback, to name a few.

6. Antidepressant medications can be effective in treating pain. Fact. Low doses of antidepressants can be especially effective against nerve pain, possibly because they affect the chemical reaction of nerve cells.

7. Because of the danger of addiction, many pain medications should be avoided. Myth. Certain medications (morphine, codeine, and related drugs) can cause physical dependency, and are prescribed with caution. But researchers now believe that these drugs can have a positive impact on quality of life when used exclusively for the treatment of pain.

8. Older adults are less likely than younger people to ask their healthcare providers for pain relief.
Fact. While older adults are the most likely to experience pain, they are the group that is least likely to ask for help. This can stem from the mistaken belief that they are "just getting old," or "don't want to be a bother." In reality, treating pain can improve the quality of life for older adults, and preserve function and independence.

9. The recommended dosage of pain medication remains the same as we age. Myth. Decreased kidney function may cause substances to be excreted more slowly, which could allow a toxic dose to build up. Side effects of medications are also more common in older adults. And for people taking drugs for multiple conditions, it's important that the pharmacist and healthcare provider have a complete list of all their medications, to avoid harmful interactions.

10. To protect the joints, a person with arthritis pain should not exercise.
Myth. Exercise is actually the most important treatment for controlling pain and preventing disability in people with conditions such as arthritis. Increased strength and flexibility bring a better blood supply to muscles and joints. The person's healthcare provider can "prescribe" an appropriate exercise program.

Untreated pain can cause a significant decline in the well-being and quality of life of older adults, resulting in fatigue and depression, anxiety, withdrawal from social life and reduced ability to perform the activities of daily living. So if you or someone you know is experiencing chronic pain, it is important to work with the healthcare provider to determine the most effective treatment. Pain relief is an essential part of good healthcare!

Contact Information
Chad Neighbors
(401) 825-7200
cneighbors@seniorhelpers.com
Warwick, Rhode Island


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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Estate Planning Issues to Consider

Estate Planning

In May, 2011, I was asked to speak at the United States Coast Guard’s Senior Executive Leadership Conference on the key issues facing our generation as they relate to elder law and elder care. Many in our generation are taking care of themselves and their children, as well as elderly parents, so I focused on advance care and estate planning.

Just recently I met with the Coast Guard officer who had invited me to the conference. He told me that the “reviews” of my talk were very positive and he asked if I would be willing to come to the next conference since so many of the attendees found the subject matter of personal interest. Of course I was flattered by the invitation, but more importantly, I was reminded how “timely” the subject of estate planning is and how critical it is that people learn now what they should have in place for the future.

Simply put we need to start asking the following:

• What type of medical care do I want towards the end of my life?
• Where do I want to be cared for?
• How can I ensure that my desires will be honored if I am not able to speak or act for myself?
• What financial arrangements should I make now to ensure that I can receive the care I want?
• What resources are available for my care?
• What will happen if I outlive my assets?
• What do I want to happen after my death?

The practice of elder law attempts to assist people in formulating the answers to these questions by articulating goals for care while you are alive and plans for taking care of your estate upon your death. At the very least your planning should include the drafting of Durable Powers of Attorney for Medical Care and Finances and executing a Will or Trust. Our office can help by initiating the discussion that leads to plans that will meet your individual needs.

- Hilary



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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Bank of America Says Power of Attorney Does Not Grant Access to Online Banking

Newport Rhode Island Durable Power of Attorney

See the link below for this Article entitled,

"Bank of America Says Power of Attorney Does Not Grant Access to Online Banking"

which was provided by ElderLaw Answers.

As an elder law attorney, I would like to know whether Bank of America would allow her to access the account online if there was language in the power of attorney that specifically allowed her that power. The key to most powers of attorney is the language. If it was not specifically listed but the powers given are general, then I would suggest pushing Bank of America's legal advisers to provide the authority for making up their own rules as they go along.

Article: http://www.elderlawanswers.com/resources/article.asp?id=9197


If you or your loved ones do not have a durable power of attorney, medical durable power of attorney and executed living will, call us to make an appointment at 401-841-5700.
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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Medicaid Planning in Rhode Island

Medicaid Planning Newport Rhode Island

Medicaid covers a variety of programs but when we speak of “Medicaid Planning” we are most often discussing long-term care. About 49% of all long-term care is financed by Medicaid. Medicaid is a federal-state program and states have wide discretion in how they will administer Medicaid in their state. Rhode Island is an “SSI State”. In RI a person receiving SSI is automatically eligible for Medicaid and the income and resource rules of SSI are used to determine Medicaid eligibility. Other individuals who qualify are “medically needy” individuals. They are allowed to “spend down” excess income for medical expenses to qualify for Medicaid. They can also spend down by paying off debts, paying for services, prepay funeral expenses, pay real estate taxes, purchase an automobile, converting an IRA to a Roth IRA, making home improvements, buying household goods or personal effects.

Some programs provide “Home or Community-based Services (HCBS) for those who would require nursing home care but for the program. Assisted living costs are covered under a Medicaid waiver program.

Most Medicaid Planning looks to the resources of the individual (and the spouse ). Not all resources are counted although all resources are disclosed. “Countable Resources” can be converted to “noncountable resources”. Some assets are noncountable resources because they are exempt such as: One automobile, the family home if the applicant “intends to return home”, property used in a trade or business, property used for self-support or employment and personal effects and household goods up to $2,000, an account of $4,000, wedding and engagement rings, life insurance with a face value of $1,500 or less. Certain income producing property is also exempt. “Qualified” assets such as an IRA are not countable assets. The “community spouse” who still resides at home is entitled to a “Minimum Monthly Maintenance Needs Allowance (MMMNA)”. In October, 2011 it was raised to a maximum of $2,841 per month and a minimum of $1,828.75. The MMMNA may be increased at a “Fair Hearing”. The Community Spouse Resource allowance (the CSRA) provides for the pooling and division of the resources of husband and wife and allows the “community spouse” to retain a share of the couple’s countable resources. This is composed of countable resources only. The new minimum CSRA in Rhode Island is $22,728 and the new maximum is $113,640. This is in addition to the $4,000 that the institutional spouse may retain. The minimum and maximum home equity limits used by Medicaid have increased to $525,000 and $786,000, respectively.

The Medicaid “look-back period” for transfers of assets is 60 months if the transfer occurred after February 8, 2006. In cases where it is too late to transfer assets there are transfer strategies used by Medicaid planners. There are risks and costs also when assets are irrevocably transferred so it is wise to consult an expert before transferring any asset. There are exempt transfers from the period of ineligibility such as transfers of the family home in certain circumstances, transfers to the community spouse, transfers to a blind or permanently and totally disabled child. There are transfers for value not subject to penalty such as: the purchase of an annuity; a “self-cancelling Installment Note (SCIN), the sale of a remainder interest in a home, modification of a child’s home for the parent before the need for a nursing home, reimbursement of a pro rata share of expenses, compensation for caregiving services and cost of other living arrangements. Medicaid planners also consider the use of a reverse mortgage or a family reverse mortgage and non-negotiable promissory notes.

The foregoing list is not exhaustive and any person or family who wishes to begin planning with reference to Medicaid should remember: “The sooner the better!”
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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Verterans' Benefits

Veteran's Benefits

I recently attended a Continuing Education Seminar with regard to Veterans Benefits.

We covered benefits available to the military member, their spouse and/or children if they die while enlisted, disabled military members, and other benefits for retired Veterans.

It continues to amaze me that there are benefits available that the military members and their families may or may not be aware of.

Top Five Things I Took Away From the Program

1. A military member must complete a DD Form 93, together with their estate planning documents, in order to determine who will get the $100,000 death benefit if the member is killed on duty; who will get their remains, who will get the flag at the funeral, and even letting the military know who should be told first in the event you are killed. The military will follow the Form, regardless of the terms of the Member's Will.

2. Disabled Veterans claims can take several months, or even years to complete. If appealed with the help of an attorney or Veterans' Group, there is a high success rate to overturn the original decisions.

3. The Veteran can get disability benefits for drug and/or alcohol abuse of they can prove that such abuse is directly caused from another diagnosis as a result of a service connected disability.

4. There are new diagnoses added to the list that a Veteran can collect for, where payments can be made retroactively from the original claim.

5. If you know Veteran or a Military Member (or their family) that have questions, please do not hesitate to contact our office or direct them to their nearest Veteran Administration Office.
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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Newport RI Divorce Case Results

Barrington Divorce Attorney Results

We represented our client as the seller’s agent at a real estate closing on the marital home, several months after the Final Judgment had entered. Our client had since moved out of state, and needed to appoint a Power of Attorney to attend the closing on his behalf.

We also reviewed the closing settlement statement with regard to disbursement of the final proceeds. We were able to point out that overdue motor vehicle taxes should have been allocated to the ex-Wife’s portion, and that our client should not be responsible for those.

This resulted in a savings of more than $800.00 to our client.

Kristy J. Garside, Esq.
Associate Attorney
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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

RI Division of Taxation Announces Estate Tax Changes

Rhode Island Estate Tax Threshold Increased

The Rhode Island Division of Taxation has announced that the estate tax threshold for the estates of decedents dying in 2012 will be increased to $892,865.  This is a 3.9% increase over the current threshold of $859,350.

Rhode Island state law requires that the threshold amount be adjusted each January, based on annual inflation, compounded annually, and rounded to the nearest $5 increment.

Generally speaking, for a person dying in 2012, his or her net taxable estate, if valued at $892,865 or less, will not be subject to Rhode Island’s estate tax.  Rhode Island’s General Laws Chapter 44-22 provides full details on the computation of the estate tax, including such factors as the marital and charitable deductions.
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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

New Medicare and Medicaid Allowances for 2012

New Medicare and medicaid Allowances for 2012

ElderLaw Answers reported today that the Centers for Medicare & Medicaid Services has announced that the community spouse resource allowance (CSRA) and the maximum monthly maintenance needs allowance will rise in 2012,.  The Medicaid home equity limits will go up as well. These allowances have remained flat for two years.

The new minimum CSRA is $22,728 and the new maximum is $113,640. The new maximum monthly maintenance needs allowance is $2,841. The minimum monthly maintenance needs allowance remains $1,828.75 until July 1, 2012.

In addition, the minimum and maximum home equity limits used by Medicaid will increase to $525,000 and $786,000, respectively.

The new figures are effective January 1, 2012, and reflect an increase in the Consumer Price Index (CPI) of 3.7 percent from September 2010 to September 2011.

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 The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

The CLASS Act Is “Dead on Arrival”

CLASS Act  News

The publication Special Needs Answers  reported that The Obama administration has suspended implementation of the CLASS Act, a proposed national long-term care insurance program that was part of the health reform law.

The CLASS Act is the first big part of the health overhaul to be killed. Health and Human Services Secretary Kathleen Sebelius described the intended program as a voluntary program wherein workers could pay premiums and would be eligible after years for a benefit that could help pay for long-term care services.

The theory sounded good: “CLASS would not only give Americans who knew they were likely to require long-term services and supports an affordable way to prepare for the future. It would also give young and middle-aged Americans a way to insure against the possibility that they would someday require this kind of care themselves. Because all benefits would be paid out of premiums, it wouldn't cost taxpayers a dime (emphasis supplied) and CLASS would provide relief for State and federal budgets, which currently … bridge the long-term care coverage gap with scarce Medicaid dollars.”

The Secretary and her analysts could not develop a program that would meet the program’s financial objectives: “When it became clear that most basic benefit plans wouldn't work, we looked at other possibilities. But …, we have not identified a way to make CLASS work at this time.” Speaking for myself and for others who work in the field, it is clear that our leaders and legislators do not understand the import of the laws they are proposing and passing and they try to accomplish things that are near impossible.

The cost of nursing home care and long-term care has risen dramatically in the past two years. How are legislators to structure a program that will predict the economic realities of long term care in the future?

I respectfully suggest that they are out of their league.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tips on How to "Age In Place"

How to "Age in Place"

Attached please find an article that was received by our office as part of an e-newsletter called "Pathways to Independent Living," which is sent to us from a Rhode Island business out of Warwick called Senior Helpers. Senior Helpers provide "companion care" to seniors in their own homes. To reach Senior Helpers, contact Chad Neighbors at (401) 825-7200, or by email at cneighbors@seniorhelpers.com.

Prepare to 'Age in Place'

Take Action Today, for Independent Living Tomorrow

When asked what they fear most, senior citizens ranked losing their independence (26%) and moving into a nursing home (13%) higher than fear of death (only 3%), according to a commissioned study, "Aging in Place in America," conducted by independent research company Prince Market Research. An overwhelming majority of seniors want to grow older in their own homes, yet over half are concerned about their ability to do so.

It may or may not become evident over time that you (or your loved ones) need assistance to continue living in your own home. Often, a major event will cause you to recognize such a need. It might be death of a spouse, a stroke, a broken limb from a fall, or concern from a relative or neighbor following a visit during which they recognize things are just not right.

It is important to take steps today to help ensure that you can "age in place" tomorrow. Some of the easiest things that can be done include simply organizing documents and creating reference sheets.

Organize Documents. The following documents should be assembled in one place so they are available when needed:

· Medicare, Social Security, and health insurance cards
· Copy of birth certificate
· Names, phone numbers, and addresses of doctor(s)
· List of health conditions
· List of current medications with contact information for pharmacy and prescribing physician
· Allergies to food or medications
· Will, living will, and powers of attorney
· Copies of insurance policies, including life insurance and long-term care insurance
· Financial information, including contact information for tax preparer or accountant

Create a Laminated Reference Sheet. Create a complete list of emergency telephone numbers and information. Laminate the list and put it in an obvious place so it will be available for Emergency Medical Technicians (EMTs) or others who may need it. The sheet should contain the following:

· Name, address, telephone number, birth date, social security number, and medical insurance information.
· Primary and specialist physicians' names and contact information.
· A list of medications and dosages.
· Name and phone number of your pharmacy.
· Names and contact information for caregivers, relatives, and close neighbors.
· Whether you have a living will and/or a durable power of attorney that allows another person(s) to make financial and/or medical decisions if you are unable to do so (include contact information).

Develop a Plan for Help. Recognize when you need help and list needs in the following areas:

· Housekeeping-laundry, shopping, and household paperwork.
· Nutrition-meal planning, cooking, and meal delivery
· Health care-nursing, social work, physical and rehabilitative therapy, and medication monitoring
· Personal care-assistance with personal hygiene, medical equipment, dressing, bathing, and exercise
· Other-transportation, companionship, and daily telephone checks

Once you have compiled the list, decide if a friend or family member can assist you or if you need outside help.

Make Your Home Safe(r). According to The American Academy of Orthopaedic Surgeons (AAOS), one in every three seniors fall each year. Falls cause many seniors to lose their independence, requiring a change in living arrangements such as moving to a nursing home or assisted living facility.

Although falls can happen to anybody, anytime, and anyplace, you can prevent many falls by recognizing and correcting common hazards in the home. Senior Helpers has developed a "Home Safety Checklist" that provides tips for fall-proofing each room in the house.

· Use good lighting. Put light switches at the top and bottom of every staircase.
· Use grip bars and install handrails in bathtub and toilet areas.
· Use a bed that is easy to get in to and out of without injury.
· Secure throw rugs and fasten loose area rugs with double-sided tape or slip-resistant backing.
· Clean up spills, dropped food, etc. from floors immediately.

Exercise. Regular, moderate physical activity is very important. Physical activity can reduce pain in joints and muscles and improve mobility and balance. The benefits of exercise help reduce the risk of falling. Talk with your doctor about starting an exercise program that fits your level of ability and meets your needs.

Sources: www.orthoinfo.aaos.org/, www.metlife.com

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

ARTICLE: Why Care Managers Should Understand VA

We received this article as part of our monthly newsletter from the Veterans Advocates Group of America and thought our clients and colleagues would find it interesting. Visit their website at http://www.vagamembers.com for more information about their group. Please contact our office if you would like more information on Veterans Benefits available to your family members or your clients, and how we can educate you about how to qualify for these benefits.

Why Care Managers Should Understand VA

When adult children of seniors turn to a geriatric care manager for help, they are typically lost in a sea of issues, dilemmas, decisions and questions about the multitude of resources and services now advertised in our society for the elderly. Often, the very first task of the care manager is to provide emotional support to the adult child, so that the person can think logically and rationally again, as often the decisions to be made can de-stabilize the family, old conflicts can arise again and the senior also reacts to the adult child "stepping in" and taking new actions.

The next task of the care manager is to educate - about what resources/services are out there and very importantly, WHEN they are to be tapped. Knowing about Veterans Benefits is critical to so many families being able to either keep their loved one in the home safely with the in-home benefits or to move their elder out of the home with the Aid and Attendance Benefit for assisted living and personal care homes. In my experience, I have been privileged to see the utter relief of many middle class family members when the senior qualifies for the Benefit, as the financial assistance the benefit provides literally makes the move to assisted living possible.

It is key for the geriatric care manager to educate the family or point them to a resource that can educate them about the timing of many factors that must come together property to qualify for VA benefits. When the family understands the financial parameters that must be met, then the family can make sound financial decision s that support getting to the goal of financial qualification. If not, then qualifications may not ever happen.

Geriatric care managers are experts in helping educate the adult children about the physical/medical status of the senior and this is also a critical factor in deciding when to apply for the Veteran's benefits. For example, it is very common for family members to wait too long to address their loved one's situation and often the veteran may need nursing home placement by the time the family is willing to act versus acting sooner and allowing the veteran to use his or her benefit for assisting living and enjoying this more independent, less intrusive level of care for perhaps years.

With knowledge about Veteran's benefits and all the factors that influence decisions the family must make to qualify, the geriatric care manager has served that Veteran in a critical time -Our veterans deserve no less!

Mallory Long, Geriatric Case Manager
Atlanta, Georgia


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

It Has Been a Year Since We Filed for Aid & Attendance for My Father

We thought our clients and friends would be interested in the following comment that was posted on one of the monthly newsletters we receive with regard to the Veterans Aid and Attendance Benefits.

In addition to letting people know whether they might qualify for the benefit, the advantage of speaking with us that we will also let you know what to expect if you begin to receive the benefit.

"It Has Been a Year Since We Filed for Aid & Attendance for My Father."

It has been a year since we filed for the Aid and Attendance Pension Benefit for my Father-in-law, John. He is still comfortably situated in his assisted living apartment and receiving good health care from the staff. An important document that our Veteran Consultant let us know about was a form called the “Eligibility Verification Report” (EVR) which VA sends at the beginning of the year and must be filled out every year in order to continue receiving benefits.

After my initial help with his original application John was the only one to receive correspondence from VA, so I asked him to start watching for any letters from them starting in December. He received the form in January. We gathered all of our receipts from his Assisted Living and other medical bills to sum up the correct amount that he had paid that year. The original application could only be an estimate, so this new form establishes the actual amount he is paying. We did not need to send in the receipts, but we filed them away in case VA wanted to see them for proof.

It was very helpful to have our Consultant answer any questions and make us aware of this very important form. Many people are not aware that once applied for and receiving the benefit the “EVR” has to be completed yearly to keep it. One concern to address is that if income or assets increased the past year, the benefit may be reduced or eliminated. On the other hand, if medical expenses have increased since the last year, the benefit may also increase. ....read the entire article by going to the link below.

Please go to the following URL for the entire article and previous articles: Either click on the link http://www.planforcare.org or copy and paste the following into your browser: http://www.planforcare.org


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

What Expenses Can’t a Special Needs Trust Pay For?

Our office received this article as part of the monthly newsletter from Special Needs Answers, a community resource provided by the Academy of Special Needs Planners. They can be contacted via email at ken@specialneedsplanners.com; or on their website at http://www.specialneedsanswers.com

What Expenses Can’t a Special Needs Trust Pay For?

Special needs trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI). Special needs trusts pay for comforts and luxuries -- "special needs" -- that could not be paid for by public assistance funds.

This means that if money from the trust is used for food or shelter costs on a regular basis or distributed directly to the beneficiary, such payments will count as income to the beneficiary. This can affect eligibility for government benefits like Medicaid and SSI. One of the trustee's most important jobs is to use discretion in making distributions from the trust so as not to jeopardize the beneficiary's eligibility for these government benefits.

If the beneficiary receives SSI, here are some basic expenses that should not be paid through a special needs trust without consultation with a special needs attorney. (List developed by Life Plan Trust, Inc., Apex, N.C.)

 Cash given directly to the beneficiary for any purpose
 Food or groceries
 Restaurant meals (except if given as an occasional gift)
 Rent or mortgage payments
 Property taxes
 Homeowners or condo association dues
 Homeowners insurance if the insurance is a mortgage requirement
 Utilities such as electricity, gas, and water
 Utilities hookup or connection charges

However, many of these payments will only cause a one-third reduction in SSI benefits. The trustee may determine that the benefit of the trust making these payments far outweighs the loss of income.

If you have any questions about this article or special needs trusts, please contact one of our attorneys at the Law Offices of Jeremy Howe, Ltd. 401-841-5700, or visit our website at www.CounselFirst.com for more information about our office.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in RI for wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits. They practice Pension and Retirement law as well with a focus on Qualified Domestic Relations Orders (QDRO), Military Pension Orders, Civil Service Orders, as well as Consultation on Pension issues. They also are Newport RI Divorce lawyers, attorneys, mediators, and arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and Military family law.

They offer Elderlaw Mediation for disputes and intergenerational issues as well as probate court resolution. They also do Superior Court Mediation and Arbitration as well as Pension Mediation. Mediation and Arbitration is also offered by the firm for divorce mediation, separation, and all family law issues pre and post divorce.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

The A B Cs of Joint Bank Accounts

Joint Bank Accounts

One might think that the general topic of “bank account ownership” is easy to understand and that forms of bank account ownership are understood by the general public and by bankers. But mistakes are made all the time. To begin with, some accounts were set up by bankers and customers decades ago. The accounts were written out by hand. Some of them listed two names only, some of them listed two names as “Joint Tenants” and others listed two names as “Joint Tenants with right of survivorship.”

The above designations can cause problems when an owner dies or loses capacity.

It bears repeating that if you have a will, the will should address joint accounts. The usual clauses are a “true joint account clause” or an “account of convenience clause.” The former makes clear that your joint accounts were intended to go to the surviving joint tenant. The latter states that your joint accounts were intended as a convenience with the intention that the funds be added to your estate.

A person’s wishes can be thwarted during or after death. In a recent case the bank account was designated as “Joint”. The bank record did not say “with right of survivorship.” The daughter wanted to retain the funds. Her siblings challenged her. The Supreme Court agreed with her siblings. The decedent may have intended that her daughter receive the funds but she did not write “with right of survivorship.”

The moral of the story is: Check every account and be sure that your intention regarding ownership has been properly designated. This problem comes up regularly and it causes family feuds more often than you would think.

In a facetiously written 1998 Rhode Island case it was noted that there are two ways to start a civil action. To paraphrase: The first is to follow the statutory procedure for starting a case and the second was “by opening a joint bank account with right of survivorship. “


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

KLR Article: Seven Reasons to Review Your Will

Our office received this article from the montly e-newsletter supplied by Kahl, Litwin Renza & Co, Ltd. (KLR). Their office can be reached at 888-KLR-8557 or their webiste at www.KahnLitwin.com. We thought our clients would be interested in this "short list" of reasons to review your will.

Seven Reasons to Update Your Will

Wills Must Keep Up With Life Changes

A will is an essential part of planning for the future. But don't think creating a will is a one-time proposition. Even if you have a valid document, it may need to be updated for a variety of reasons. For example:

1. Deaths - If individuals named (as heirs or executors) have died or they become incapacitated, a will should be changed.

2. Assets - Revisions may be needed if the value of assets has increased or decreased significantly, or they are no longer owned. For example, if you specifically leave your home to one of your children, and later sell it, you may want to change the distribution of your other assets.

3. Marriage - Wedding bells usually signal the need to review a will. Which assets should pass to your spouse? Are step-children involved? If this is not spelled out in a will, the state will decide. In a community property state, a spouse automatically inherits half of all community property. In most other states, a spouse may receive one/third to one/half of the estate, absent any other directions.

Also, keep in mind that an unmarried couple living together may want to leave assets to each other but in order to make an inheritance happen, it must generally be spelled out in a will.

4. Divorce - In many states, a divorce automatically revokes a will or those provisions concerning an ex-spouse. As a result, if you get divorced, it's best to have a new will drafted. For instance, you might have your former spouse removed as a primary beneficiary. In addition, you may want to change the beneficiary of your life insurance, pension or any existing IRAs. Consider the use of a trust if children from a previous marriage are involved.

You may also want to change your will if one of your children gets divorced.

5. Births - Once parents have children, their wills should be amended immediately to include the names of guardians to care for the children in the event the parents die prematurely. Also, parents or grandparents might wish to restructure their wills concerning distribution of assets after children are born. Again, the use of a trust may be recommended.

6. Retirement - This event may also trigger the need to make changes to an existing will. For example, many retirees sell their homes and move to other states. But state laws can vary widely. Furthermore, individuals may consider a power of attorney that enables someone else to act on their behalf in the event of certain illnesses.

7. Tax law revisions - The Internal Revenue Code is regularly changed. In fact, many aspects of estate tax planning are in flux right now. A will should be designed to take advantage of maximum tax benefits that exist today so it may have to be updated as tax laws change.

Where is It?

Before it's too late, people should let someone know where their original will is stored. If one can't be found after a person dies, a court may decide it was destroyed. Have your attorney and/or your accountant retain the original will. Ask them what will happen to the document if they die, move, or quit practicing.

Store the will at home. Of course, it could be lost, inadvertently destroyed or discovered by an interested party who could deliberately destroy, conceal, or alter it.

You don't have to tackle this problem on your own. If you need to update a will, rely on your estate planning advisers to guide you.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Law Offices of Jeremy Howe, Ltd. Participating in Alzheimer's Awareness Events

Elder Law Specialist Jeremy Howe Lectures on Alzheimer's

May, 2011 - Newport, RI - Attorney Jeremy Howe lectured on May 11, 2011 at the Alzheimer's Awareness Events at Calvary United Methodist Church on the topics of Eldercare Legal Issues, Wills, Power of Attorney, Guardianship, Health Care Proxy, and other Elder and Probate Law related issues.

The events continued on Sunday May 15, 2011 with a Community Homecare Services Fair with agencies on hand to discuss their services for families caring for elderly or ill persons in their home.

Attorney Howe said, "Caring for an elderly parent or relative is often one of the most stressful events in a person's life. The expenses involved, coupled with time management and many other issues can create difficult obstacles to providing the best for loved ones. Having a plan in place can significantly help alleviate these stresses by providing a road map for care of aged relatives. I accept every opportunity to help educate families about their options with regard to caring for their elderly relatives."
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Contact Your Legislature about the "Improving Access to Medicare Act"

This information was passed along by Kathy Heery, RN, MSN, Geriatric Care Manager, as a member of the Kent County Senior Provider Network:

Published 20-Apr-2011 by Brian Stever in Latest News

New legislation will allow a resident that is held in "observation" to
have this time counted toward their required Medicare 3 day stay.

The Improving Access to Medicare Act would allow beneficiaries kept in a hospital for "observation" to qualify for Medicare Part A coverage of a
subsequent stay in a skilled nursing facility (SNF). The bill would count
any time spent in observation toward the 3-day stay requirement.
Increasing numbers of beneficiaries are disqualified from Part A coverage
of their SNF stay because they were held for observation rather than
admitted as an inpatient.

Please Contact Congress and ask your legislators to support this important legislation so it can move to the floors of the U.S. Senate and House of Representatives.

Please follow the link to tell your legislators how important that this
legislation is.

http://capwiz.com/leadingage/issues/alert/?alertid=42264501


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Law Offices of Jeremy Howe, Ltd. Participating in SeniorsRULE

RULE - Resources Unlimited Liaisons for Elders

April 22, 2011 - Newport, RI - On May 25, 2011 Kristy Garside, Esquire of the Law Offices of Jeremy Howe, Ltd. will be present as a member of SeniorsRULE (Resources Unlimited Liaisons for Elders) at Butler Hospital.

The purpose of the event is to inform Butler’s employees about what services our office has to offer. The event takes place from 11:00am to 4:00pm in the Butler Atrium, where other members of this “women’s only” group will be there to share information about their elder services as well. Only members of SeniorsRULE have been asked to attend.

Attorney Garside says, “This will be a great opportunity to reach a large number of employees who live in the community we serve, without asking them to take time out of their day to come see us! I hope to educate people about how we can help them or their elder parents in difficult situations.”

Contact seniorsrule@myway.com for more information about the group and the services available.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

SHOULD YOU DRAFT YOUR WILL ONLINE?

Online Wills?

A client asked me whether she should go on-line and draft her own Will. She is very computer-savvy and assumed that she could figure out the requisites of a Will and do it herself.

My response was quick, honest and direct.

A Will is a unique legal document because the person who writes it, the testator, will not be around to explain it. Further there are legal requisites to a valid Will. The Will must be executed (signed and witnessed) properly or it is not valid. If it is executed or prepared improperly, the impropriety will not be discovered until it is too late. I told my client that we frequently see Wills prepared with the assistance of an attorney that are incomplete, inaccurate, invalid or otherwise problematical. There is a necessary ritual that must be followed when the Will is signed. It is not as easy as it seems to write a proper Will which can with-stand a challenge in the future.

The process looks like this: All assets, debts and income are reviewed. All heirs and beneficiaries are listed. Non-probate assets and transfer-on-death (TOD) assets are considered. Medicare and Veteran implications are looked at as well as present and future tax ramifications. Other documents such as a Durable Power of Attorney, a Medical Durable Power of Attorney and a Living Will Declaration are drafted. All documents are reviewed with the client. Any earlier Will is properly revoked. Then the new Will is signed in accordance with the law in the state where it is executed. Each page of the Will is initialed. The witnesses to the Will sign a sworn affidavit which will prove the Will in the future. Attorney notes are preserved. The original documents are stored in a safe. The clients file is placed on the calendar for a review (free of charge) in three years.

Call Jeremy Howe to discuss Will questions or for more information on your estate planning and probate concerns.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

National Health Care Decisions Day

This Saturday, April 16, 2011, is

National Health Care Decisions Day (NHDD)

According to the Center for Medicare Advocacy's website, NHDD is a collaborative effort of national, state and community organizations committed to ensuring that all adults with decision-making capacity have the opportunity to communicate their preferences for end-of-life care. The Federal Patient Self-Determination Act requires that all Medicare-participating health care facilities provide information to patients regarding Advance Directives - documents that enable you to select someone to speak for you if you cannot speak for yourself and in which you can specify what types of medical treatments you would or would not want at the end of life.

Despite this Act and other efforts to increase public awareness of the right to have choices about health care, it is estimated that only a small minority of patients have completed Advance Directives. A 2003 study by the U.S. Agency for Healthcare Research and Quality found that:

• Less than 50% of severely or terminally ill patients studied had an advance directive in their medical record.


• Only 12% of patients with an advance directive had received input from their physician.


• Between 65 and 76% of physicians whose patients had an advance directive were not aware that it existed.

Take the time this weekend to consider your own desires for end-of-life care. Review your Advance Directives, if you have executed them. If not, consult your physician, discuss with family members and consult your attorney. If you or your loved ones do not have an attorney and you have questions about Advance Directives, call me, Hilary Carlson, at (401) 841-5700.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Law Office of Jeremy Howe, LTD Mediation Seminars

In our ongoing efforts to maintain the highest levels of education, information, and involvement in the Elder Law and Family Law fields, we continuously update our skills and legal education through attendance and involvement in seminars and speaking engagements in New England.

Below are some of our undertakings from March and October of 2010.


March 15 and March 19, 2010
Mediation training under the supervision of Bruce Kogan, Roger Williams School of Law
guest lecturer on “Mediating pension issues”
observer and commentator on the final student mock mediation

March 25, 2010
Mediation presentation for the National Association of Social Workers “From BFF to YBS” (From “Best Friends Forever” to “You’ll Be Sorry”, HOW MEDIATION CAN HELP.
Jeremy Howe presented with Frank & Michelle Geremia and Bryna Bettigole from the Rhode Island Mediators Association

October 27, 2010
Rhode Island Association of Mediators- mediation training
Mediation of Advanced Financial Cases, “Organizing the Data
And Balancing the Power”,
Jeremy Howe presented with co-mediator Nancy Johnson Gallagher, LICSW

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

GRANDPARENTS VISITATION RIGHTS

Visitation Rights for Grandparents

The relationship between a grandparent and a grandchild can be one of great joy and importance for both grandparent and youngster. But sometimes an event such as a parent's death, divorce or estrangement can tear families apart and alter or sever relationships. After such events, the child's parents or guardian may block any further contact with grandparents, who may take legal steps to maintain contact with the children they love.

State legislatures have enacted "grandparent visitation" statutes to protect the visitation rights of grandparents and other caretakers.These statutes allow grandparents to ask a court to give them the legal right to maintain their relationships with their children's children.

Visitation statutes, however, do not give a grandparent an absolute right to visitation. A 2000 U.S. Supreme Court ruling gives priority to the wishes of the parents in resolving visitation disputes, and this ruling is changing state courts' interpretation of visitation statutes.

One way to avoid a court battle is to try professional mediation. In mediation, the disputing parties engage the services of a neutral third party to help them hammer out an agreement that all concerned can live with. The disputing parties have a chance to explain their perspectives and feelings. In a court of law, on the other hand, the judge will ultimately make a decision based on laws that may seem unfair to one or both sides. Call Jeremy Howe at 841-5700 to discuss Grandparents Visitation and visit ElderAnswers.com for more information.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Veterans Aid and Attendance Tax Consequences

Our office shares information with our clients regarding Veterans Aid and Attendance Benefits on a regular basis as part of our Estate Planning and long term care discussions.

I found the following article helpful from the Veterans Information Services, Inc. Monthly Newsletter, written by Dorotha M. Ocker at the Law Office of Douglas F. Ocker & Associates. www.TexasVAbenefits.com

Tax-Free Does Not Mean Tax-Consequence-Free: Common Tax Consequences of Aid & Attendance Planning

Many estate-planning attorneys who also dabble in veterans benefits, most commonly the "Aid & Attendance" benefit, are quite knowledgeable about estate taxes and helping their clients avoid or minimize them. However, A&A planning often has an effect on a client's personal income taxes (or as I call them, "1040 taxes") of which attorneys who work with veterans benefits need to at least have a passing understanding. Most of the time, the veterans benefits outweigh the tax consequences, but the client likes to know about the consequences up front. While an attorney can always have the standard "consult a qualified tax professional" attached to every veterans benefits plan, no attorney wants to get a call in April from a client exclaiming, "You didn't tell me that I'd have to pay more in taxes!"

Here are the most common tax consequences of Aid & Attendance planning that I see in my practice:

1: Increase in Amount of Social Security Income Taxed: Income from Social Security is taxed on a sliding scale, depending on the amount of total income a client has. Often, if the client has a relatively small amount of Social Security income, he or she is paying little to no tax on it. However, if a client enters into an annuity in order to pay his or her monthly expenses, then the taxable amount of that annuity is new income. That new income increases the amount of Social Security income that is taxed. Due to this complicated sliding scale, I often make spreadsheets for my clients and run various scenarios for them.

2: Loss of Itemized Deductions Due to "Maintenance:" A common practice for Aid & Attendance planning is for an attorney to advise a client's family to pay some of the expenses for the client. This would be "maintenance" under the VA regs, thus not counting as income to the client. However, be very careful which expenses you advise a client's family to pay. A cardinal rule of tax deductions is that you only get to deduct the amount that you actually paid. A client could lose his or her tax deductions for certain expenses if the family begins to pay for them. Common tax deductions that are lost are: (1) medical expenses deduction, (2) home mortgage interest deduction, and (3) property tax deduction. I also make spreadsheets for these deductions in order to show families which bills they could pay and which bills to let the client pay.

3: Creation of Passive Losses without Enough Passive Income: Often clients rent out their houses for a while when they first move into a senior community. Rental income is passive income and must be reported to the IRS on Schedule E. Passive income rules are extremely complex. If you don't know them, don't worry - you're not alone. The main point is this: expenses relating to a rental property can only be deducted against income from the property, not against ordinary income. That means that if a client is renting out her house to her daughter for $100 a month and the property taxes, mortgage payment, maintenance, depreciation, etc. are more than $1,200 a year, the client cannot deduct those losses from her ordinary income. It's much like Point #2, where the client is no longer entitled to take a deduction for property taxes and mortgage interest. I make sure that my clients' passive income is completely canceled out by expenses so that it is not taxable income and the client hasn't "lost" a deduction.

Taxes are complicated but very important. Making sure that your client doesn't have a surprise tax increase is something that attorneys can quite easily do by including CPAs or other tax professionals in the early stages of Aid & Attendance planning.

Written by Dorotha M. Ocker at the Law Office of Douglas F. Ocker & Associates. www.TexasVAbenefits.com
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

A Matter of Trust: Giving Away a Home

Family Value

By Anne Tergesen

Depressed real estate values and changes in tax rules make this a good time for older homeowners to transfer property to their children using a specialized trust designed to save on gift and estate taxes.

Known as "qualified personal residence trusts," or QPRTs, these vehicles allow a homeowner to continue to live in a house for years before transferring ownership to heirs at a discount to the current market value.

Wealth advisers say QPRTs are getting more popular as clients seek to take advantage of beaten-down property values and a temporary increase in the gift-tax exemption to $5 million from $1 million for individuals and to $10 million from $2 million for couples.

"When the gift-tax exemption was only $1 million, it was more difficult for clients to pass along their homes without gift-tax consequences," says Mike Foltz, a principal at Balasa Dinverno Foltz LLC, an Itasca, Ill., estate-planning firm. Mr. Foltz says five of his clients currently are evaluating QPRTs, up from two at this time last year.

"They can move a big asset out of their estates at a fraction of the future value," he says.

To maximize the savings - and minimize the conflict - families who use these trusts need to plan carefully. Advisers say the strategy makes the most sense for someone with a net worth above the current estate-tax exemption, which also is $5 million per person.

Below that level, transferring a residence through a QPRT still could be a smart tax move for those who might get caught if their assets appreciate or the individual estate-tax exemption drops back to $3.5 million (as the Obama administration's 2012 budget proposes) or even to $1 million (as the current law mandates for 2013).

But there are risks. Most use QPRTs for homes they expect to remain in their families after they are gone. In part, that is because when a homeowner gives away a residence in a QPRT, his or her adjusted tax basis - the original purchase price plus improvements - carries over to the heirs. As a result, if the children were to turn around and sell the home, they could owe a substantial capital-gains tax. (Still, at 15%, the capital-gains-tax rate is far below the 35% estate-tax rate.)

What's more, selling a home held in a QPRT "can get messy," says Blanche Lark Christerson, managing director at Deutshce Bank Private Wealth Management in New York. Because of restrictions on the amount of cash QPRTs can hold, a home-owner must reinvest the proceeds of a sale in another property or take back the cash directly or in a series of payments. Since withdrawing cash from a QPRT reduces the amount that will go to heirs, it defeats the purpose fo the deal, Ms. Christerson says.

Another risk: You have to give up the home when the trust ends, even if you are still alive. To prepare for that day, many homeowners craft upfront agreements that give them the right to rent the peroperty for the rest of their lives. Rental payments are an effective way to transfer more to their lives. Rental payments are an effective way to transfer more to heirs. But to pass muster with the Internal Revenue Service, you must pay a fair-market rent. And your children will owe tax on the income.

Still, the QPRT can be a powerful estate-planning tool.William Mielke, 63 years old, and his wife, Barbara, 62, are considering putting their Marco Island, Fla., oceanfront vacation condominium into a QPRT for the benefit of their 30-year-old daughter. With a QPRT, Mr. Mielke, president and chief executive of an engineering firm in Waukesha, Wis., can transfer a valuable asset without giving up his access to the home or reducing the liquid investments he may need in retirement, says his adviser, Mark Ziety at Shakespeare Wealth Management Inc. in Pewaukee, Wis.

What's more, if the market for Florida real estate rebounds (and the Mielkes outlive their trust), any appreciation the property earns will pass to Mr. Mielke's daughter gift- and estate-tax free.

When you set up a QPRT, you remain the home's owner for as long as the trust is in effect - often 10 to 20 years. During that period, you continue to live in the house and pay all the expenses, including the property taxes and insurance. When the trust expires, the home passes to your children, free of gift tax. Typically, the necessary appraisals and legal documents run $5,000 to $10,000.

Here's how it works: Suppose you set up a QPRT at age 60 when your property is worth $2.5 million. Since the home won't actually pass to your children until the trust expires, the law allows you to discount the $2.5 million you are transferring by an interest rate the Internal Revenue Service sets monthly. This tells you the current value of the gift you will be making in the future.

At today's 3% rate, the current value of a $2.5 million gift to be made in 10 years is $1.59 million, Deutsche's Ms. Christerson says.

If you don't outlive the trust, the market value of your home will be included in your estate. (While your demise would cause your heirs to miss out on any estate-tax savings, it also would nullify the upfront gift-tax consequences of the deal.)

To prevent conflict some families hash out written plans for dividing the finances and chores. For Mr. Mielke, this is easy: "She's our only daughter, so we won't have to worry about family arguments over who wants to use the house and whether to sell."

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

House Sale Proceeds and Minor Children

ELDER LAW:
An elderly father and his adult son came to our office just after the mother had died. All three had been joint owners of property that was being sold and father and son had questions regarding the proceeds from the sale. Specifically, they wondered if they would be able to put all the proceeds in the son’s name. By doing so, they hoped to provide for the son since he was unemployed and enable the father to qualify for state assistance should he need future nursing home care.

We cautioned the father and son that any transfer of the father’s share of the proceeds to the son would have adverse consequences should financial assistance from the state be required before five years had passed. We also advised them that “gifting” would have tax implications. Our concern was that although the father wanted to help his son, he could be jeopardizing his own financial future.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Durable Powers of Attorneys Documents

THE SIMPLEST PLANNING DOCUMENT CAN BE THE MOST USEFUL DOCUMENT.

We routinely prepare Durable Powers of Attorneys for clients which process usually takes us less than ½ hour unless the client requires special provisions. This inexpensive document often “avoids probate” during the lifetime of our client because a guardianship of a ward’s estate is not required if there is a proper “DPOA” in place. This can result in savings of thousands of dollars for fees, costs and bond charges over the lifetime of the ward.

***WE MAKE ELDER LAW HOUSE CALLS IN RI*** 
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

EDUCATIONAL BREAKFAST: Durable power of Attorney: Importance, Differences, and Validity

EDUCATE YOURSELF AT ATRIA AQUIDNECK PLACE

Professionals are invited to join Atria Aquidneck Place for an educational breakfast event. Hilary Carlson, Esquire, LICSW, of the Law Offices of Jeremy W. Howe will discuss the legal and social importance of Durable Powers of Attomey.

A complimentary breakfast will be served. Don't miss this valuable opportunity to learn more.

February 22
7:30 am
RSVP by February 15

SEE OUR FLYER HERE

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Social Security - Some Surprise Benefits

Social Security News

We are all generally aware of how Social Security works but when we assist in estate planning for clients there are many things to consider, especially if the client has been divorced. A few of the considerations follow:

• A widow or widower, at full retirement age or older, receives 100 percent of the worker’s basic benefit amount
• A divorced spouse of a worker who dies could get benefits just the same as a widower if the marriage lasted 10 years
• Note: remarriage can end the deceased spousal or former spousal benefits
• In one-earner families, the working spouse can “claim and suspend benefits” so that at full retirement age, he or she continues to work and “claims” benefits, then “suspends” benefits, which enables the non-working spouse to receive a spousal benefit
• In two-earner families, a surprising result can occur. If one worker takes social security at full retirement age (now 66 years old), that spouse can receive the monthly benefit and can continue working with no penalty. At full retirement age, his or her spouse can receive an amount equal to 50% of the spouse’s monthly benefit each month without affecting his or her ability to continue to work until age 70 at which time he or she can receive a substantially higher amount per month due to “delayed retirement credits.”
• A bigger surprise is that a former spouse (not remarried, where the marriage was at least ten years) at full retirement age can also receive an amount equal to 50% of the former spouse’s monthly benefit each month without affecting his or her ability to continue to work until age 70.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Durable Power of Attorney in RI

Will your Durable Power of Attorney Work for You?

We often hear that “avoiding probate” is a good thing and in most cases the statement is true. The probate that is “avoided” is usually post-death probate. Many people use revocable and irrevocable trusts or joint-asset and “transfer on death” planning in such situations. But it is surprising how many people fail to have a Durable Power of Attorney prepared. It is even more surprising to see how many of the documents that are drafted cause confusion or simply don’t work in the manner intended by the “grantor” of the power. Here is a list of “do-s” and “don’ts”:

1. Do make your Power of Attorney “durable” so it will survive your incapacity.
2. Do nominate a sensible person as your “attorney-in-fact” and as a successor.
3. Do consider whether the power should be contingent on future events (“springing”) or immediate.
4. Do discuss protecting your assets after your incapacity from an attorney-in-fact who will not fulfill your ultimate estate goals.
5. Do read the power carefully before you sign it. If it does not make sense to you it probably won’t make sense to banks, financial institutions and others when it is used in the future.

1. Don’t nominate a person who has serious health issues or is older than you.
2. Don’t hold the document for more than five years without re-reading it and having an attorney review it. Things change!
3. Don’t confuse everyone by leaving joint attorneys-in-fact with unclear statements as to their respective powers or their separate powers.
4. Don’t place powers regarding medical decisions in your document if you have already designated another person to exercise those same powers in your “medical durable power of attorney”.
5. Don’t put the signing of this document off to the future. Dollar for dollar, it is the least costly way to “avoid probate” since it can avoid the necessity of a guardianship during your lifetime.”

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Elder Law Attorney in Newport RI

WE MAKE HOUSE CALLS.

WHY?

BECAUSE WE ARE “SELFISH!”

Elder care-givers and professionals know well that elders need (and deserve) “special treatment.” In our law office we don’t “rush them,” we enunciate clearly, we work at a slower pace. We respect them and don’t talk to them as if they are children. We listen carefully to their questions and comments. We also listen to their children but preserve their dignity when listening to their spokesperson. These practices follow common sense and are not unusual.

While we have handicapped ramps and an elevator at our office, we have decided to make house-calls. Why? Obviously, some elders don’t travel well or don’t travel at all. Despite the loss of time (and billable hours) to us, we will travel anywhere in Rhode Island to meet with clients and their family members. My father pointed out (often) that most of what appears to be “generous” is in fact “selfish.” We agree. We are in business. We want to meet more clients. We want clients to trust us and to accept us as their family advisors. We know that they are most comfortable on their “turf.” A cup of tea at the kitchen table often leads to good feelings on the part of the potential client who has become a “host.” Sometimes “selfish” motivations can work to benefit both client and attorney.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.