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.
------------------------------------------


To learn more about The Law Offices of Jeremy W. Howe, please visit them on the web at http://www.counselfirst.com

“Grey” Divorces are on the Rise

A prominent divorce financial strategist has revealed to Forbes Magazine some interesting trends taking place in divorces over the last decade. Some of the most notable divorce trends are:

1. As marriage rates decrease, divorce rates decrease proportionately.
2. Women are usually the ones who initiate a divorce.
3. “Grey” divorces, a name for divorces later in life, are on the rise.

To read about the trends in divorce, and to view a fascinating info-graphic about divorce, please click on the following link:

http://www.forbes.com/sites/jefflanders/2013/06/20/not-your-mothers-divorce-three-21st-century-trends/

Are you a resident of Southern Rhode Island and considering divorce? The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems. Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation.

Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases in North Kingstown, South Kingstown, Cranston, Warwick and Westerly, Rhode Island and the surrounding communities.

------------------------------------------

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


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

Medicaid Protection of Assets by Funeral Preplanning

Medicaid Protection of Assets by Funeral Preplanning

It is common knowledge that one acceptable use of funds by a person seeking to qualify for Medicaid benefits is to prepay funeral expenses. In many cases, elders go to their funeral director and pay for the expenses with cash assets or they assign life insurance to the extent necessary.

Another more flexible method is to fund an irrevocable “funeral trust”. Rhode Island and Massachusetts law allow each person to fund an irrevocable “funeral trust,” with up to $15,000. (CT law only allows $5900). Funding for this can be from the cash value of an existing life policy (a 1035 tax free exchange), or in cash.

The advantage of a funeral trust over a pre-paid funeral is the flexibility of using any funeral home or burial service in any state, with the safety of the funds being in a guaranteed life insurance policy.

The fund is exempt from Medicaid and Supplemental Security Income (SSI) “spend down” requirements as soon as it is funded. Clearly, the trust funds can be used for all usual expenses of a funeral and other events relating to the funeral. It can also be used for additional expenses such as a permanent cemetery monument, travel expenses for family members, outstanding debts or obligations, various medical and professional fees and a post-funeral gathering. There is no “extra” cost for utilizing a financial adviser to assist you in setting up the irrevocable funeral trust. The adviser will be compensated by the company holding the trust.

One of the important aspects of the trust is that it is irrevocable which means that no person (even the grantor) can revoke the trust and gain access to the funds. Often we see situations where a person plans their estate plan but it is undone due to use of a Durable Power of Attorney or by the trustees of a revocable trust. This form of funeral planning secures the wishes of the grantor.

Special thanks to Robin of ROBIN G. SMITH CONSULTING for her contribution to this article.
------------------------------------------

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.

Workshops Help Families Grappling With Alzheimer's Care

Workshops Help Families Grappling With Alzheimer's Home Care

by Ina Jaffe

There are more than 5 million people with Alzheimer's in the U.S., and most are cared for at home. Now, one company has begun offering training to family caregivers to help them deal with the special challenges of caring for an Alzheimer's patient.

The company, Home Instead Senior Care, is the nation's largest provider of nonmedical home care for seniors. The workshops are free and available to anyone, whether they're clients of the company or not.

A recent session in Los Angeles drew about half a dozen people on a weekday afternoon. The need that brought them there was as serious as it was undefined. Tina Stephenson put it this way: "I need help, bottom line."

She's been with her partner, Gino, for 34 years. They live in a one-room apartment, and she says that certain ordinary things, like standing in front of the sink, just freak him out. "I mean, it's so weird. He just all of a sudden resists me and pulls the other way. So I'm looking for some help with that," Stephenson says.

Leading the workshop is John Moser, the owner of the Home Instead franchise in Los Angeles. He got into the home care business after years working as an elder abuse attorney.

"I dealt with a lot of nursing homes and skilled nursing facilities," he says. "I always thought, is this really the only option for seniors?"

That led him to Home Instead. The company's employees help older adults with things like meals, grooming and transportation. "Family members would be so surprised that our caregivers were able to get mom or dad to do certain things" that family members couldn't, says Moser. "They would call the Home Instead offices and wanted to know more about this training."

The training was developed by Home Instead, but it's based on ideas accepted by many Alzheimer's experts — for example, making use of long-term memories and recognizing what triggers anxiety. The company has spent about $3 million over the past three years on developing and presenting workshops for family caregivers. Home Instead says it wants to be a community resource for families grappling with Alzheimer's. It's also a way to get more clients.

When it comes to caring for Alzheimer's patients, Moser tells the group that knowledge is power. "I always tell caregivers: Know 100 things about the person you're providing care to," says Moser. Those things are then recorded in a workbook called "Capturing Life's Journey."
More From NPR
TimeSlips is a program based on the idea that storytelling can be therapeutic for people with dementia.
Shots - Health Blog
Alzheimer's Patients Turn To Stories Instead Of Memories
Alexis McKenzie, executive director of the Methodist Home of the District of Columbia Forest Side, an Alzheimer's assisted-living facility, puts her hand on the arm of resident Catherine Peake.
Shots - Health News
Treatment For Alzheimer's Should Start Years Before Disease Sets In
Patricia Witt at home
Aging At Home: Helping Seniors Stay Put
'Villages' Help Neighbors Age At Home

"Even though short-term memory goes, a lot of people with dementia retain those long-term memories," he says.

And those long-term memories — and lifelong activities — can be rekindled and used to distract a person with Alzheimer's from behaviors that could cause them physical or emotional harm. Or the information can be used to give them a better quality of life.

Read more HERE

------------------------------------------

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.

Medicare Suit Settled

The following article was taken from Robin G. Smith Consulting

Medicare settles suit - this could be huge

There are several confusing, and ultimately, for patients, expensive Medicare policies concerning what Medicare will and will not cover in nursing homes. Last month, Medicare settled a lawsuit challenging the current policy that a patient in a SNF had to be “improving” to be eligible for the full 100 days of Medicare payment. Now, if the person would decline without SNF care, Medicare will pay. This still leaves the dreaded ”inpatient vs observation”  rule, which hospitals are abusing, and for which patients are paying dearly. There is a class action suit pending on that, too.

The “Direct Primary Care” model has started to rate news articles, as large employers, as well as states, pay primary care clinics directly to care for their employees. United Air­lines teamed with Walgreens to build a clinic at O’Hare air­port in Chicago. Montana has built a primary care clinic for state employees, which has been very well received. Wal­mart has negotiated bundled payments for expensive surger­ies for its employees. Sears and Darden restaurants are offer­ing a voucher to their employees to shop for healthcare. And estimates are that 7% or more of doctors are going to a “Concierge” care model. (By the way, I offer a prepaid pri­mary care plan that is very strong in RI, and the Boston area.
------------------------------------------

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 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.

Who Gets Access to Your Online Accounts After You Die?

What Happens to Your Facebook Account When You Die?

You may have a plan for what to do with your physical belongings after you die, but what about your online accounts? In today’s social media-dominated world, a person's digital presence lives on online even after he or she is gone.

But who has the right to access those accounts? States have begun addressing this issue with new digital access laws.

Under current Facebook policy, if an account member dies, Facebook will remove the account at the request of family or put it into "memorial status," but it is very difficult for family members to get access to the account itself.  Family members may want access to a deceased loved one's account to read messages left by friends or to have the ability to contact the deceased's friends.  Under Facebook’s policy, the estate can have access to a download of account data as long as it has prior consent from the deceased or if it is mandated by law.

Such mandates are beginning to appear.  In 2010, Oklahoma became the first state to pass a law giving estate executors the power to access, administer, or terminate the online social media accounts of the deceased. Two other states -- Nebraska and Oregon -- are now considering similar laws.

Under Oklahoma’s law, the executor automatically has the power to act on behalf of a deceased individual and access a Facebook, Twitter, or e-mail account. The executor does not have to go to court to get access to such accounts.

While states grapple with this issue, it may be a good idea to provide some instruction in your will on how to deal with your online accounts once you die. Contact your attorney to determine if this is something you should add to your will. In addition, online services have also popped up that help people pass on the digital keys to their online lives.


------------------------------------------
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 Letter of Instruction Can Spare Your Heirs Great Stress

Letters of Instruction

Read original HERE

While it is important to have an updated estate plan, there is a lot of information that your heirs should know that doesn't necessarily fit into a will, trust or other components of an estate plan. The solution is a letter of instruction, which can provide your heirs with guidance if you die or become incapacitated.

A letter of instruction is a legally non-binding document that gives your heirs information crucial to helping them tie up your affairs. Without such a letter, it can be easy for heirs to miss important items or become overwhelmed trying to sort through all the documents you left behind.

The following are some items that can be included in a letter:

• A list of people to contact when you die and a list of beneficiaries of your estate plan
• The location of important documents, such as your will, insurance policies, financial statements, deeds, and birth certificate
• A list of assets, such as bank accounts, investment accounts, insurance policies, real estate holdings, and military benefits
• Passwords and PIN numbers for online accounts
• The location of any safe deposit boxes
• A list of contact information for lawyers, financial planners, brokers, tax preparers, and insurance agents
• A list of credit card accounts and other debts
• A list of organizations that you belong to that should be notified in the event of your death (for example, professional organizations or boards)
• Instructions for a funeral or memorial service
• Instructions for distribution of sentimental personal items
• A personal message to family members

Once the letter is written, be sure to store it in an easily accessible place and to tell your family about it. You should check it once a year to make sure it stays up-to-date.


------------------------------------------
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 IS ELDER AND ADULT FAMILY MEDIATION?

Elder and Adult Family Mediation

Most of what we term mediation involves a process wherein litigants or contestants (or a group of people) with a problem participate in a process with a neutral mediator in order to find common ground by defining issues, exploring options and finding a solution. The participants make the decisions. The mediator(s) act as guides but do not judge or impose a solution.

In the case of "ELDER AND ADULT FAMILY MEDIATION" the process is utilized by elders, families with an elder involved, and families with no elder involved. The term has been coined to distinguish these mediations from "Family Law or Divorce" mediations. What type of problems fall into this category? In the "Elder" type are: Guardianships; Inter-generational issues; Advance Directives and Powers of Attorney; Estate Planning and all other family issues involving either an elder or elders and others. The "Adult Family" type might involve sibling disputes or rivalries, post-death problems or any other family problems that do not necessarily involve an elder.

The Rhode Island Mediator's Association is hosting a seminar regarding this type of mediation on April 18, 2012. Crystal Thorpe, a mediator and co-founder of Elder Decisions, in MA will describe the landscape of Elder and Adult Family Mediation and how it differs from other types of mediation. She will share her insights on why families come to mediation, who should be at the table, and the model her firm employs to serve clients. Jeremy Howe and Nancy Johnson-Gallagher (co-mediators at Partners In Mediation in RI) will also share their individual and joint perspective(s) on elder mediation in the Ocean State. Jeremy is an Elder Law Attorney and Nancy has extensive experience working with elders. This program will include a discussion of cases and it will highlight some of the challenges and benefits of this new area of mediation. If you are interested in attending please visit http://www.rimediators.org

------------------------------------------
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.

Medicare Beneficiaries: Make Sure Your Equipment Supplier Works With Medicare

Attention Medicare Beneficiaries

Read original HERE

In October, Medicare beneficiary David P. (not his real name), was shocked to see a charge of more than $1,000 on his credit card statement. The charge was for the complete cost of renting a machine he needed to help him recover from knee replacement surgery. The equipment is covered by Medicare, so Mr. P. thought he would be responsible only for his 20 percent co-payment.
But it turns out that the equipment supplier who rented him the machine never informed him that it is not a registered Medicare provider and that therefore Mr. P. may be responsible for the full cost of the rental.

"It is a problem that beneficiaries often do not know that they are using a non-participating supplier," says Alfred J. Chiplin, Senior Policy Attorney at the Center for Medicare Advocacy and co-author of The Medicare Handbook (Wolters Kluwer).

The good news is that Chiplin says a new Medicare program that has been launched in a few areas of the country will keep people like Mr. P. from unwittingly being liable for the full cost of such "durable medical equipment (DME)," which includes oxygen equipment, wheelchairs, walkers, and similar devices.

In the few areas of the country with the new program, which is called the “Medicare DMEPOS Competitive Bidding Program,” Medicare beneficiaries who expect any reimbursement may rent or buy certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) only from suppliers who contract with Medicare. In addition, non-contracting suppliers are required to tell Medicare beneficiaries that they don't work with Medicare and the beneficiaries must sign a waiver form stating they are aware of this. If the supplier fails to do this, the beneficiary is not liable for the charge.

Chiplin told ElderLawAnswers that equipment suppliers in the DMEPOS program areas are getting better at providing Medicare beneficiaries with the required notice that they are not contracting providers, and he says Medicare is stepping up its fraud and sanctions activity. (For more on the DMEPOS program, click here. To see if your zip code is in a coverage area, click here.)
Seek Medicare Reimbursement Anyway

But in the vast majority of the country not currently covered by the DMEPOS program, it is unclear whether suppliers who don't work with Medicare are under any obligation to alert Medicare beneficiaries of this fact. The best defense, then, is for beneficiaries to always make certain the supplier has a relationship with Medicare – something Mr. P. had no idea he should do.
If you are caught in the situation Mr. P. found himself in, you can submit your bill from the supplier and seek as much reimbursement as you can get, Chiplin says. (Mr. P. is still awaiting word from Medicare.)

"Once the DMEPOS program is fully implemented, beneficiaries should experience a greater reduction in DME out-of-pocket expenses as they will be required to use certified and registered DMEPOS providers in order to obtain Medicare-covered items," Chiplin says.
"It’s always best for beneficiaries to use certified suppliers and those who are Medicare participating suppliers," Chiplin counsels.

------------------------------------------
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.

Losing the Forest for the Trees

Can't See the Forest Through the Trees?

This common quote means that if you are so engrossed in looking at individual trees, you might forget that each tree is one of thousands and thus lose sight of the big picture-the forest.

It is much the same in elderlaw. For example, if you focus on the rules of the VA in order to obtain Aid & Attendance Benefits, you can make a mistake and jeopardize your Medicaid eligibility in the future (if you should require assistance to remain in a nursing home).

In elder-law, the trees are Medicaid rules, estate & gift tax laws, income tax laws, VA Aid & Attendance rules, state Probate rules, state statutes and case law. The forest is the comprehensive view of a clients needs, goals, health, and desires or the estate plan of a client.

We saw an example this week. Our client's son and daughter had been advised to spend down their mothers assets by making gifts in the allowed annual amount of $13,000 so that she would qualify for Medicaid nursing home assistance in the future due to lack of assets.

Our clients advisors were confusing one tree (Medicaid allowable spend-down) with another tree (estate & gift tax law). Her gifts would disqualify her from receiving Medicaid assistance for five years from the date of the gifts due to the penalty period imposed by the Medicaid rules. Our client would never have had an estate tax issue because her assets would never reach $900,000, the approximate Rhode Island credit amount.

On the other hand, it was possible that she could run out of funds within the five years and need Medicaid assistance to remain in a nursing home but not be qualified for that assistance due to the penalty.

------------------------------------------
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.

Short Term Loan Secured By the Equity in Your Home

Short Term Loans Secured by Equity of Home

I was at a meeting this week at Sakonnet Bay Manor, which is an assisted living facility in Tiverton, Rhode Island.

One thing we talked about that I was not familiar with, was a new short term equity line of credit that could be available to home owners, in a couple of days.

Such a loan could be utilized in the following example:

Mom lives alone and she owns a home with no mortgage. She suffers a fall and is likely not to return to the home because she should no longer live on her own. She and the family decide she would be more comfortable in an assisted living facility. She does not have the liquid assets to pay for the facility, but she does have all the equity available in her home. Since the market is not prime for a sale, or repairs need to be made to the house before it could be sold and mom does not have the funds, this type of loan could be helpful. With the funds, mom could get into the facility quickly, and the loan is paid from the equity from the house.

If this sounds tempting, please contact our office 401-841-5700 for more information, and we can put you in touch with a broker. This type of loan may not be for everyone, but it could be an option for you or a family member that should at least be considered.


------------------------------------------

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

Is a Reverse Mortgage Right for You?

Reverse Mortgages

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.

Is a Reverse Mortgage Right For You?

If you are a senior who is age 62 or older and you are living in fear that some day, when you need help, you'll have to sell your house to pay for it, there is a solution. You may still be able to stay in your home while paying for home care, home improvements or medical bills.

How? If your home is paid off or you have only a small mortgage left, you can get a reverse mortgage to tap the equity in your home without selling or moving. These mortgages are called reverse mortgages because the lender makes payments to you, the homeowner, not the other way around.

The money you will receive is tax-free and will not affect Social Security payments or Medicare benefits. You do not have to pay off the loan until you move out of the house or the home is sold. You will never owe more than the value of the home at the time of repayment, even if the loan balance is higher than the value of your property. No debt will be passed on to your heirs. Reverse mortgage funds are available to spend any way you choose.

Who Is Eligible?

To be eligible, you must be 62 years or older. (If you are a married couple the youngest partner must be age 62.) You must also either own the home outright or have a low mortgage balance that can be paid off with the proceeds from the reverse loan. You must also live in the home. Like all homeowners, you still are required to pay your real estate taxes and other conventional payments like utilities.

Cautions and Things To Remember

Be sure to work with a reputable lender, consult with your financial advisor if you have one, and do your homework before you make any commitments or sign any documents.

Investigate the costs involved in a reverse mortgage before making the decision.

Closing costs and fees may amount to more than 5% of your home's value. If you plan to live in your home for more than three years, a reverse mortgage can make good financial sense. However, if you know you won't stay in your home that long, then the cost of the loan plus interest may make seeking a reverse mortgage an unwise choice.

Using the equity in your home will reduce the amount of money you leave to your family as inheritance.

If you live alone and need to stay in a nursing facility for more than a year, your loan will come due.

It takes 45 to 90 days to apply for and receive a reverse mortgage. It may be better to receive one when you do not urgently need the money for immediate home repairs or in-home care.

For More Information the AARP offers information about reverse mortgages, including an online calculator you can use to find out how much money you may get from a reverse mortgage. The National Reverse Mortgage Lenders Association (NRMLA) includes information for consumers interested in learning more about reverse mortgages.

You can also call our office for a referral for someone to speak with about Reverse Mortgages if you think this could be an option for you. We can also accompany you to a meeting with your reverse mortgage broker, or review the documents before you sign, or answer any questions you might have.


------------------------------------------

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.
------------------------------------------

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

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


------------------------------------------
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


------------------------------------------
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.
------------------------------------------
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

------------------------------------------
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.
------------------------------------------
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.

Ways to Help Your Parents or Spouse Discuss Long-Term Care Planning

This article was published on ElderLawAnswers.com and may have been included in our December newsletter. I thought it would be helpful for people as a starting place with regard to their elder parents and is worth reading if you missed it the first time!

Dad, Can We Talk? Answers to 9 Top Questions About Discussing Long-Term Care Planning

Last Updated: 7/27/2010 4:14:01 PM

Recently a reporter asked ElderLawAnswers founder and president, Harry S. Margolis, some questions for an article on talking with aging parents or other family members about sensitive issues such as wills, funeral arrangements, assisted living or medical treatment wishes. Here are the reporter's questions and Harry's answers.


1. At what point is it appropriate for grown children, spouses, caregivers or friends to attempt to discuss these issues with aging parents, relatives or friends?

The earlier the better, but every family is different, and raising these issues can be more or less uncomfortable depending on the family dynamics. Certainly, if there is an illness or medical emergency, that can serve as justification for beginning the discussion.


2. What's the best way to broach the subject?

Rather than focusing on the parent or other family member's current or possible future physical and mental decline, it often works better for the person starting the conversation to focus on his or her own concerns. She can say that she was meeting with her own estate planning attorney, which made her think about her parents situation. Or she can talk about how she is nervous about being able to care for her parents when and if the need comes up. Often parents won't take measures to protect themselves, but they never stop being parents and will respond to a call for help from a child.


3. Where's the best place to have such a discussion?

In the parent's home.


4. Should you seek legal counsel first before initiating a talk?

Not necessarily. A legal consultation would help the children or other family members know what issues to discuss and some of the available options. But the ultimate goal should be for the elder to consult himself or herself with an attorney with elder law experience.


5. Should it be one-on-one or should family members, friends or those with specific expertise in an area be part of the discussion?

That has to be determined on a case-by-case basis. We always encourage transparency so that all family members are in the loop. However, scheduling can be difficult and too many people involved can be overwhelming. In addition, depending on the circumstances, elder care and planning issues can take several meetings to resolve. Different people may be involved in different meetings depending on the issues being discussed at each.


6. What if your parent, spouse, etc., refuses to talk about these issues? How do you overcome this?

Follow the advice above. If it's a parent, the child may have to be patient and wait until an opportunity arises to bring the subject up again. Ultimately, it may be impossible to get the parent to participate in any planning. If it's a spouse, this is also true. However, a spouse may be able to take some planning steps on his or her own.


7. What steps can you legally take to prevent an elderly person from driving if they refuse to hand over their license or keys?

This depends on the state. In some states there are provisions for letting the registry of motor vehicles know of problem drivers. Where family pressure doesn't stop a senior from driving and dementia exists, some of our clients have been successful in disabling vehicles if the senior does not have the capacity to get it fixed.

8. What steps can you legally take if an elderly person such as a parent or spouse refuses to take care of issues dealing with a will, housing, medical treatment or related areas?

It depends on the parent or spouse's mental capacity. If they are incompetent, it is possible to go to court to be appointed conservator or guardian and to take over decisionmaking in these areas. Unfortunately, this can be an expensive, time-consuming and cumbersome process. (For more on guardianship and conservatorship, click here.)


9. What can seniors do in advance, to avoid becoming embroiled with grown children, relatives, or friends over these issues.

Plan ahead. All seniors should sit down with an elder law attorney to discuss their goals, concerns and hopes and to develop a plan to reach the goals, address the concerns and give their hopes the opportunity to become realities.


------------------------------------------
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 Validity

A REMINDER ABOUT THE VALIDITY OF YOUR DURABLE POWER OF ATTORNEY

When you sign a “Durable Power of Attorney” document, you name an “Attorney in Fact”, to act on your behalf in all financial matters. This power endures even if you become incapacitated, disabled or incompetent. However, many people do not realize that once you die, your Durable Power of Attorney is no longer valid. In other words, it dies when you die.

Often, the Attorney in Fact will attempt to access accounts post-death only to be told that he does not have the legal right to do so. Just recently a gentleman came into our office to discuss this very issue. He was a joint owner of his mother’s only bank account, but she was the sole owner of a mutual funds account worth approximately $125,000. On a Friday, this gentleman thought that he should – as his mother’s Attorney in Fact – transfer the mutual funds into the joint account so that he could pay her nursing home bills. But because he had other things that he needed to take care of that day, he put off the transfer intending to do it at the beginning of the following week.

Unfortunately, his mother died that weekend and her son was no longer able to access her mutual funds account. As a result, it became necessary to open a probate estate so that the son could be named Executor and then have the necessary power to access the account. While opening a probate estate is not difficult or complicated, it takes months to clear assets within an estate and there are court costs, inventory taxes and attorneys fees. In short, avoiding probate is a useful strategy to consider in many cases. Here, timely action under the durable power of attorney would have made life much easier for the family.

Whether you are granting a Durable Power of Attorney to a family member, trusted friend, a professional, or whether you are acting as the Attorney in Fact for a grantor of the powers, be mindful of the limitation of this power and act accordingly in managing assets and accounts.
------------------------------------------
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.