World Elder Abuse Awareness Month

As the month of June drew to a close, many of us were unaware of the fact that June is World Elder Abuse Awareness month. Elder abuse is a sad topic, and one that is often under-reported and hidden from view. Its annual awareness month hopes to shed light on ways that people can detect or help when an elderly loved one is being abused.

Elder abuse can manifest itself in several ways. Physical, emotional and sexual abuses are a few tragic forms of abuse that some seniors suffer at the hands of their caregivers. However, financial abuse is a form of elder abuse that often goes unnoticed by loved ones. Financial abuse among the elderly is most likely to come at the hands of family members and caregivers, due in part to the fact that many seniors may be too trusting or polite to fully recognize when someone is taking advantage of them.

To read more about the different forms of elder abuse, and to learn what you can do to help detect and prevent it, click on the following AARP article:

http://blog.aarp.org/2013/06/14/elder-abuse-awareness-day-7-ways-you-can-help/

The attorneys at the Law Offices of Jeremy W. Howe, LTD., specialize in elder law. If you need advice for yourself or a loved one on ways to be protected from financial elder abuse, contact the lawyers at his Providence, Rhode Island office for a free comprehensive telephone consultation.

Attorney Jeremy Howe and his team of elder law and family court lawyers have been providing quality elder law representation in Rhode Island for nearly four decades. He and his co-mediator have successfully mediated hundreds of divorce, family law and elder law cases throughout the state of Rhode Island.
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To learn more about The Law Offices of Jeremy W. Howe, please visit them on the web at http://www.counselfirst.com

Surviving Spouse May Be Responsible for Nursing Home Bills

Mass. Court Rules Wife Is Responsible For Husband's Nursing Home Care

Spouses need to be very careful or they could end up legally responsible for the cost of their husband’s of wife's nursing home care, as a recent Massachusetts court decision demonstrates.

When Milfranciu Jode entered a nursing home, his wife applied for Medicaid on his behalf.  Mr. Jode was rejected three times due to the failure to provide backup documentation, and he died leaving the nursing home unpaid.

After Mr. Jode's death, the nursing home sued Mrs. Jode, arguing that she was legally responsible for the cost of her husband's care under something called the "doctrine of necessaries." This means that a spouse is responsible for debts incurred by the other spouse for "necessaries." The law doesn't define what constitutes a "necessary," but in the Jode case the Massachusetts Superior Court ruled that the definition of necessaries included the care provided by the nursing home.  Emerson Village, LLC. v. Jode (Mass. Sup. Ct., Middlesex, No. 12-CV-1736-F, Dec. 15, 2012)

Many other states have similar laws to the one in Massachusetts making one spouse responsible for the care of the other spouse. If your spouse is in a nursing home, contact your elder law attorney right away to find out the best course of action to prevent any surprises when it comes to the bill.

Read more 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.

What You Need to Know About Palliative Care

What You Need to Know About Palliative Care

By Philip Moeller

Even the healthiest senior may eventually face serious illness and, of course, death. Seniors know this, and so do their family members and other loved ones. Despite this certainty, we are seldom prepared for late-stage and end-of-life illnesses. And we are even less comfortable talking about them.

Done right, palliative care is an enormous game-changer. It brings openness and fresh air to these topics. It can deliver a range of medical, psychological, social-support, and even spiritual services to patients and family members. It can provide all these resources without costing more money and, in some cases, can even save money by helping people receive care in their homes and not in more costly hospitals. Ideally, it should be available for a broad range of serious but not necessarily life-threatening health conditions.

Most importantly, palliative care and hospice, for those who are near the end of life, have been proven to extend lives and improve the quality of the time remaining for patients and their families. Further, we know what works and how to provide this care. Odds are, however, you have never heard of palliative care or if you have, you aren't really sure what it means.

Jane de Lima Thomas was in that boat only 10 years ago. And she was a doctor, no less, in the process of becoming a geriatrician. Early in her career, she recalls, "I took care of a lot of patients who were in the final stages of their life. The care I was able to provide didn't feel good." Something was missing in terms of helping patients and families cope with the broad range of health, quality-of-life, communications, and other challenges.

"I didn't even know there was a field called palliative medicine," she says. "I didn't hear about it in medical school and it wasn't part of the medical-school curriculum." Thomas made it part of hers. She is now associate director of the Harvard Palliative Medicine Fellowship Program at the Dana-Farber Cancer Institute in Boston, and teaches palliative care at the Harvard Medical School.

Hospice is an important component of palliative care, but only part of what it does. "My job isn't just to help people facing the end of their lives," although she certainly does that, Thomas says. "I feel like my job is to help anybody who has a serious illness."

"I feel so passionately that this is something we can learn to do much better," she says, while admitting that discomfort—amongst doctors as well as consumers—poses barriers to expanding palliative care, as do culturally driven approaches to medicine and medical reimbursement rules that can discourage providing palliative-care services.

"I think in our society, we are inclined to think of issues of health as a battle and we fight for life," she says. "And when someone dies, it's often portrayed as somehow we've lost a battle."

Palliative care, by contrast, recognizes "what medicine can do for a patient and what is beyond the power of medicine to provide." It includes a team of professionals, not just a doctor. Thomas rattles off a list that includes a physician, nurse, social worker, pharmacist, chaplain, occupational therapist, musical therapist, and others.

Daniel Johnson is a palliative-care expert who wears multiple hats for Kaiser Permanente in Colorado. He also helps educate new doctors through the Life Quality Institute. Thomas and Johnson are two of five doctors recently honored for their work in palliative care by the Hastings Center, a nonprofit bioethics research institute.

Read more 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.

Guardian Must Maintain Ward's Estate Plan

Guardian Must Maintain Ward's Estate Plan

A guardian of the estate may not change his ward's estate plan by re-titling funds formerly held in a joint account. In Re: Falucco (Super. Ct. Pa., No. 2105 WDA 2000, Jan. 4, 2002).

In 1997, Annette Fallucco placed two accounts containing certificates of deposit (CDs) totaling $139,314 in joint tenancy with her son, James. Five days later, Mrs. Fallucco executed her will, which provided specific bequests to her son and daughter, with the residuary estate to be distributed in equal shares to her grandchildren and one great-grandchild. On December 19, 1998, James withdrew the funds in the CDs and placed them in three individual accounts titled in his name only, although he did not withdraw any principal or interest from the CDs or accounts.

In 1999, Mrs. Fallucco was declared incapacitated and Thomas Dempsey was appointed guardian of her estate. After his appointment, Mr. Dempsey requested that James return to the estate the funds previously held in the joint accounts, which James did. Mr. Dempsey then placed the funds in an account titled in his own name for the benefit of Mrs. Fallucco, and did not include James as a joint tenant. Mrs. Fallucco died on June 23, 1999. Mr. Dempsey's final account of the estate included the funds previously held in the joint accounts. James filed objections to the inclusion of these assets, and on August 25, 2000, the Orphans' Court directed the executor of the estate to release the funds, plus interest, to James. Mr. Dempsey and the residuary legatees appealed.

The Superior Court of Pennsylvania affirms, concluding that Pennsylvania law forbids a guardian of the estate from changing the estate plan of the incapacitated person, except upon petition to a court. The court finds that Mrs. Fallucco intended to make a testamentary disposition of all her assets through her will and the jointly held accounts. Therefore, the court rules that the jointly held assets should not pass through her will as part of the residuary estate. Once James had returned the funds to the estate, the court holds that Mr. Dempsey should have restored the status quo and re-titled the joint accounts in the names of Mrs. Fallucco and her son.


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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 Elder Law Attorney Kristy Garside to Speak at Growing Older Seminar

Elder Law Attorney Kristy Garside will speak at a free seminar entitled

"Growing Older: How Can I Pay for Healthcare and the Services I Need?"

March 14, 2013 in Newport, Rhode Island.

The free seminar is being held from 5:30PM to 7:30PM at the Blenheim Newport, 303 Valley Road, Middletown, RI. Some of the topics and questions that will be addressed include Medicare Coverage, Medicare vs. Medicaid, Homecare, Assisted Living and Veterans Benefits.

Attorney Garside commented on her involvement by stating, "Medicare does not cover expenses associated with the care that an Alzheimer’s patient will need.  It is important to know what other financial programs and services are available."

This seminar is designed for boomers, children of aging parents, and seniors; will answer your questions and educate you on programs, products, opportunities, and strategies; and all while enjoying refreshments at the beautiful Blenheim Newport in Middletown. RSVP to Lynn Squatrito @ 401-239-2509 A light dinner is served at 5:30 pm, Program starts at 6.

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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 Switching to All-Electronic Payment System

Social Security Switching to All-Electronic Payment System

No more paper checks in the mail. Starting March 1, nearly everyone who receives Social Security must switch to the government's new electronic payment system. Beneficiaries will be able to have their checks directly deposited into their bank account or put on to a debit card.

The government is switching to electronic payments in order to save money and to provide a more reliable method of delivering payments. The move to paperless payments will save the government close to $1 billion dollars over the next 10 years. It also eliminates the problem of checks that get lost in the mail or are delayed due bad weather.

Currently, around 93 percent of payments are made electronically, but about 5 million checks are still being mailed each month. If you are among those who haven't converted to electronic payments, the following are your options:

You can have the checks deposited directly into your bank account. This option allows flexibility with withdrawals and you will be subject to the bank fees and limits you already have in place.


If you can't afford a regular checking or savings account, you may be able to open a special low-cost bank account called an electronic transfer account (ETA). ETA fees are low and you are allowed four free withdrawals a month. However, not a lot of banks have joined the ETA program.

You can have your payment put on a Direct Express debit card. The debit card does carry some additional fees if you are planning to withdraw cash. You get one free withdrawal a month and then a $0.90 fee (or more depending on the bank) applies every time you make a subsequent withdrawal that month. You can also use the card like a MasterCard to make purchases directly without fees.

Some individuals are exempted from the requirement to switch to paperless payments. If you are over age 90, live in a remote area that doesn't have electronic payment options, or have a mental impairment that doesn't allow you to manage finances, you may not have to switch to an electronic payment system.

To make the switch, call 1-800-333-1795 or visit www.GoDirect.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.

Elder Abuse Resources

Elder Abuse Resources

Here are excerpts from a letter regarding elder abuse.

“It was a pleasure to meet you Wednesday night and very refreshing to hear about the work that you do as an Elder Law Mediator and as an Elder Law Attorney. I mentioned a few other resources you may find useful. You can contact the The Elder Victim Advocate at the Elizabeth Buffum Chace Center here in Warwick.  They support any Elders in the community who need counseling and support services (individually and in group sessions) either at the counseling center or in criminal or restraining order court proceedings.

A Newport andMiddletown advocate can be reached at 401-847-8300 ext 5732.  Any time an Elder or victim of Domestic Violence or Sexual Assault/Child Molestation needs to report to one of these police departments or has already done so they can reach out for more information on their rights and options as the victim of crime, what the procedure will look like, and also for referrals for support services in the Newport and Middletown areas.  We have many advocates around the state and I can assist you in finding a local advocate. As you can see we have a vast network of Advocates and we are all connected to a variety of agencies that serve victims of DV/SA. I would be very excited if you would include Elder Abuse information in one of your upcoming newsletters.  Even the amount of financial abuse out there is astonishing! “

So there you have it. Elder abuse is sometimes physical or emotional and sometimes financial. It is certainly widespread.  The point of this column is that there are advocates for the elderly across the state. We can assist you in finding the right advocate to assist you or an elder you are concerned about. Call us 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.

Government in Debt Over Reverse Mortgages

Government Plans Big Reverse-Mortgage Curbs

By Philip Moeller

Reverse mortgages, long criticized for high fees and other anti-consumer features, turn out to actually be the opposite—such a good deal that the government is nearly $3 billion in the hole on outstanding mortgages. As a result, the Federal Housing Administration (FHA) will later this month unveil sharp curbs on its loan product, called the Home Equity Conversion Mortgage (HECM).

When the new rules are issued, consumers will need to take a close look at the terms of these loans. While the specifics of the changes have yet to be announced, they will lead to consumers being able to access a smaller share of their home's equity when they take out a reverse mortgage. In addition, lenders will probably be required to set aside a portion of the borrower's home equity to pay future property taxes and home-insurance premiums. And there may also be limits that restrict lower-wealth borrowers from taking out a HECM.

The FHA (and thus taxpayers) has been losing the most money on the most popular HECM loan: a fixed-rate loan known as the Standard HECM loan. This type of loan will be halted under the new rules. Most borrowers thus will be required to consider a newer reverse mortgage called the HECM Saver.

The HECM Standard loan often carries steep insurance fees and other charges. But it pays out a higher percentage of a homeowner's equity than the Saver, which charges nearly no insurance fees and is less costly to consumers. But it is also a more conservative loan to the FHA because it pays out a smaller percentage of an owner's equity than does the HECM Standard loan. This provides the government a bigger cushion against loan losses that could eventually lead to costly insurance claims by private lenders.

Read more 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.

Baby Boomers More Savvy Social Security Recipients

New services help boomers max out Social Security

By Linda Stern

(Reuters) - It is no surprise that as the baby boom approaches its Social Security years, it is turning the decision about when to start collecting benefits from an automatic move into a major planning and research opportunity.

Having intensively looked into car seats and college admissions for their kids and tried to map out careers and 401(k) plans, boomers now will focus attention on squeezing Social Security for all it is worth.

"Baby boomers are the first generation that isn't going to put up with crappy advice," says William Meyer, chief executive officer of Social Security Solutions Inc (here), one of a number of new companies selling Social Security strategic planning to future recipients. "They are the generation that demands more."

Meyers and his business partner, William Reichenstein, a chartered financial analyst and Baylor University professor, have spent several years writing technical papers for financial advisers about how their clients can optimize retirement benefits.

There are a numbers of reasons why Social Security optimization is a new trend. The retirement program's rules are complex, allowing for a variety of claiming strategies. The boomer generation is the first to have dual-income households for most of its working years, so spouses have more options for coordinating benefits. Members are being told to delay drawing on them as long as possible, even while many people are being forced into early retirement. And the Internet's ability to present sophisticated analytics and optimizing algorithms makes these strategies a numbers game for anyone who wants to play.

Companies like Meyer's have jumped into that space. Other competitive sites include MaximizeMySocialSecurity.com -- started by another longtime retirement analyst, Laurence Kotlikoff of Boston University -- and SocialSecurityChoices.com, founded by partners including Jeffrey B. Miller, an economist who has worked at the Social Security Administration. These companies all charge nominal amounts, between $20 and $40, to do a computerized analysis that will tell consumers what their best strategy is. AARP also has a free version on its website, here

They are all different, but they all point to the same conclusion: If you optimize your Social Security strategy you can save tens or even hundreds of thousands of dollars over your retirement lifetime. Here's how to approach that exercise:

-- Know the basic strategies. The longer you delay collecting Social Security (up until age 70) the bigger your monthly benefit will be. Married couples can tag-team, with one spouse claiming "spousal" benefits (equal to half the monthly check the other spouse would get) to delay his or her own benefit until it reaches its maximum, and then switching. Divorced couples who were married for at least 10 years can double down; each spouse is allowed to claim the other's benefits for a few years before switching to the bigger benefit. Single people who delay benefits until age 70 can maximize their checks for the rest of their lives; it is a way to provide some longevity protection without buying an insurance policy.

-- Pay for the advice. The way Social Security benefits are calculated is nuanced, so it pays to get someone to do the math for you. Check these services to see which you like best. Not all cover all situations, such as divorce. You may find one easier to use or clearer. You could get reports from all four of the services mentioned here for under $100. That's a small amount to pay if it will save you even a fraction of what they claim.

Read more 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.

Choosing a Long-Term Care Facility

How to Choose a Long-Term-Care Facility for a Loved One

This step-by-step guide can help you find the right place to meet your loved one's needs.

By Cameron Huddleston, Contributing Editor, Kiplinger.com

Making the decision to move a loved one to a long-term-care facility is never easy. Finding the right facility is even tougher. I know because I made the decision recently to place my mother, who has been diagnosed with Alzheimer's, in a memory-care residence that specializes in caring for people with the disease.

After spending months agonizing over whether it was the right time to move her to a facility where she could receive 24-hour care, I spent just as long trying to find a residence that would best suit her needs. I believe, though, that all the time it took me to research and visit facilities was worth it because I did find the right place for my mom.

If you have a loved one with Alzheimer's, dementia or other disability, that person might someday need to move into a long-term-care facility. Although the majority of Americans who need care receive it at home from family or friends, those with Alzheimer's are much more likely to receive care in a nursing home. According to a 2012 report by the Alzheimer's Association, 75% of people diagnosed with the disease will be admitted to a nursing home by age 80, compared with 4% of the general population. That's why it's important to know how to choose a long-term-care facility if the need arises for someone you love. The steps below will help.

Step 1: Determine your needs

Before you can select a long-term-care facility for a loved one, you must know what sort of care he or she needs. There are several levels of care that senior-care properties provide:

Assisted living for those who need help in one or two activities of daily living, such as dressing or bathing.

Skilled nursing for those who need the attention of a nurse every day, who are bedridden or have more complicated behavior issues.

Memory care for those with dementia or Alzheimer's disease.

Some properties provide varying levels of care under one roof. That can be a good option for people who want to move to a senior-care residence when they're just starting to require help, then stay in place (by simply moving to another wing or floor) as their needs progress, says Sean Kell, CEO of A Place for Mom, a senior-care adviser service.

Kell says that, in addition to considering the level of care, people need to think about where their loved ones would want to be. That is, would they prefer living downtown or in the suburbs? In the same city where they currently live or closer to family in another city? Do they need a place that allows pets or accommodates special dietary needs, such as a kosher diet? These questions need to be addressed before you start your search in earnest.

Step 2: Assess your ability to pay

Your options may be limited if your loved one does not have long-term-care insurance or other financial resources to pay for care. Assisted living costs $3,600 a month on average, Kell says, and memory care runs about $4,700 a month on average. Skilled-nursing facilities cost an average of more than $6,700 a month and can reach as high as $10,000, Kell says.

Health insurance and Medicare do not cover this sort of long-term care. If you're a veteran, you might be able to get help paying for long-term care from the Department of Veterans Affairs. Medicaid rules vary by state, but in general the government program does pay for long-term-care services (primarily nursing-home care). However, your loved one basically has to deplete his or her assets to become eligible. Medicaid does cover assisted living in more than half of the states if the cost is less expensive than a nursing home, says Byron Cordes, president of the National Association of Professional Geriatric Care Managers. But the waiting list to get Medicaid coverage for assisted living is long, he says.

Step 3: Start your search

Once you know what type of facility would be the best match for your loved one, you can start your search. Ask doctors, as well as friends and family, for recommendations. There also are several resources to help you develop a list of senior-care properties that might fit the bill.

Eldercare Locator is a service of the U.S. Administration on Aging. It provides links to Area Agencies on Aging, which can provide a list of facilities and information about long-term-care options in your area.

Read more 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.