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Ninety-two-year-old Robert Doscher was admitted to Valley Gardens Health Care, a for-profit nursing home, on May 18, 2007. He came from a hospital where he was being treated for a mini-stroke, and other heart issues. Upon admission to the nursing home, he needed the use of a walker, and the plan was to stabilize his health, and transfer him to an assisted living facility. He required the use of a walker when he was admitted, and it was initially planned that he could be discharged to a... Posted on November 16, 2009 at 06:32 am by Walton Law Firm

/**/ George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California... Posted on November 12, 2009 at 04:18 pm by Walton Law Firm

As America's elderly population continues to explode (it will double by 2030), an important question that has received little attention in the national healthcare debate is how the U.S. will be able to deal with 78 million aging baby boomers. Those of us who practice elder abuse and neglect law regularly see the costs associated with long term care, and let me tell you, it ain't cheap. For many nursing home residents the story goes like this: there is an event that causes them to be... Posted on November 10, 2009 at 09:04 am by Walton Law Firm

Things to consider when hiring new employees: Eligibility for employment. You must verify that each new employee is legally eligible to work in the United States. This will include completing the U.S. Citizenship and Immegration Services (USCIS) Form I-9, Employment Eligibility Verification. You can get the form from USCIS offices or by calling 1-800-870-3676 or visit the USCIS Web Site at www.uscis.gov. New hire reporting. You are required to report any new employee to a designated state new... Posted on November 11, 2009 at 11:30 am by Andy

Estate taxes can become a very real problem when an estate includes a farm or real estate used in a family business. Since federal estate tax have been repealed for only one year (2010), and Connecticut has recently implemented it own separate estate tax it is smart to plan now. For federal estate-tax purposes, land and buildings have to be valued at their "highest and best use." Thus, a farm that could be sold to a developer for more than it is worth, as a farm generally must be assessed at... Posted on October 13, 2009 at 11:45 am by Andy

Statistically, only thirty percent of family owned businesses survive from the founding generation to the next generation. Beyond that generation the success is even worse. The primary reason for the lack of success rests on the fact that most business owners fail to make plans, have the wrong plan or have not updated the plan. A comprehensive estate plan should include planning for the succession of the business. Here are some things to consider. 1. If some children are active in the business... Posted on October 7, 2009 at 12:12 pm by Andy

As people get older and sicker, they may find themselves going to the hospital more frequently - either for planned appointments or emergencies. Being prepared for these visits can go a long way towards making them less stressful. Here is a list of things to remember: A copy of your health care proxy, A copy of your HIPAA release, A copy of a Do Not Resuscitate Order if you have one, Health insurance cards (Medicare, Medicaid, supplemental insurance) Glasses, hearing aids, dentures, Supply of... Posted on September 14, 2009 at 06:18 am by Leanna Hamill

Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting. Today's Action Item - Write It Down One of the best gifts you can give your loved ones, is the gift of being organized and having one place where all your financial information is written down. You... Posted on September 1, 2009 at 07:17 am by Leanna Hamill

Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting. Today's Action Item - Start Writing Your Letter of Intent for Your Child With Special Needs You know the importance of having a letter of intent for your child with special needs, but maybe you've... Posted on August 25, 2009 at 05:49 am by Leanna Hamill

LTCFocUS.org provides data on nursing home care in the United States. The website hopes to allow researchers to trace relationships between state policies, local market forces and the quality of long-termcare and enable policymakers to craft state and local guidelines that promote quality care for seniors. Users can create charts to compare nursing homes. This is a useful tool for anyone looking for an Illinois nursing home and hopes to ensure quality care. To begin comparing nursing homes,... Posted on November 22, 2009 at 08:01 pm by Levin & Perconti

A study by Rush University Medical Center found that seniors who neglect themselves tend to be individuals with limited social networks and little social engagement. The study is the largest epidemiological study to date examining a wide range of sociodemographic, health-related and psychosocial characteristics associated with elder self-neglect. This is extremely important because reports of self-neglect to social service agencies are rising. Elder self-neglect is defined by the National... Posted on November 22, 2009 at 07:05 pm by Levin & Perconti

A woman says her father was evicted and abandoned by his nursing home and left outdoors for hours. The man was sitting on his front porch when a neighbor noticed him. The neighbor says a nursing home van dropped him off at his ex-wife's home, but nobody was present at the time. The daughter claims that her father is very weak and may have fallen while walking unassisted. She is filing a compliant with the state concerning the nursing home negligence. To learn more about the nursing home abuse,... Posted on November 21, 2009 at 06:14 pm by Levin & Perconti

Category: Elder Law, Estate Planning, Estate and Inheritance Tax, Business Law and Planning, Tax Law and Planning, Probate and Estate Administration, Financial Planning, Miscellaneous Musings You and Yours Blawg is moving its platform over to New Jersey Estate Planning and Elder Law Blog. My thoughts on happenings in the world of Estate Planning and Elder Law can be found there, including tax law happenings. You and Yours Blawg will stay alive for now with reference to business law issues that... Posted on August 6, 2009 at 07:48 am by Deirdre R. Wheatley-Liss, Esq.

Category: Tax Law and Planning Courtesy of JH Cohn: New Jersey Enacts Tax Amnesty Program "New Jersey Governor Jon Corzine has signed a bill creating a 45-day New Jersey state tax amnesty period that will end no later than June 15, 2009. Presumably the program will begin on or about May 1, allowing the New Jersey Division of Taxation some time after the April 15 filing deadline to gear up for the program. Under the program, taxpayers who pay outstanding state tax liabilities for tax returns due... Posted on March 20, 2009 at 09:12 am by Deirdre R. Wheatley-Liss, Esq.

Category: Business Law and Planning As reported by NJBIZ, in an effort to get banks lending again, "Starting today, the U.S. Small Business Administration is raising to 90 percent the federal guarantee on most SBA loans and temporarily suspending a fee that is charged to banks, but passed along to borrowers. " "The 90 percent guarantee will be on loans up to $1.5 million. The portion of the loan above $1.5 million, up to the maximum SBA loan of $1 million, will be subject to a lower guarantee... Posted on March 16, 2009 at 08:45 am by Deirdre R. Wheatley-Liss, Esq.

Get a free email subscription to the West Virginia Aging and Law newsletter by signing up at www.tinyurl.com/aginglaw. The newsletter is a joint publication of West Virginia Senior Legal Aid and the West Virginia Regional Long-term Care Ombudsman Program. Posted on October 15, 2009 at 04:30 am by cat

Social Security beneficiaries have received cost of living allowances (COLA) every year since 1975, when the automatic adjustments were created in the program. The adjustment is calculated based on the an particularly aspect of the Consumer Price Index (CPI), which has actually gone down in the past 12 months for the first time in decades. The law prohibits cuts in the benefit amount based on Posted on October 15, 2009 at 04:08 am by cat

Some of the folks I meet who provide various services to seniors show real passion when it comes to advocacy for their clients. You know who you are! If you are considering law school, or are currently a law student, you might find some useful and interesting information on www.lawschool.org. Posted on October 6, 2009 at 03:38 am by cat

Understanding the maze of laws and benefits that form our long term care system is a full time job. That&#xc3&#xa2s why I devoted my practice exclusively to elder and disability planning. A few weeks ago I was reminded of that fact when I was asked what I know about a particular VA program that provides adult day care services for a small co-pay. This clearly didn&#xc3&#xa2t sound like the Aid and Attendance program that in the past two years we have incorporated into our planning arsenal.(see my 2/25/08... Posted on November 16, 2009 at 03:00 am by Elder Law Today

How many times have you contacted a government office to inquire about some benefit or program and told you are not eligible? Have you then left the office or hung up the phone accepting that what you have been told is true? What if that is just flat out wrong? As an elder law attorney I see that happen all the time, especially when it comes to the Medicaid program. A recent court case last week corrected at least one of those untruths. A federal court last week finally weighed in on a... Posted on November 9, 2009 at 03:00 am by Elder Law Today

For many families, keeping their elderly loved one at home will require in home assistance. There are many quality home health care companies in the area so finding one isn&#xc3&#xa2t a problem. But I find so often that clients don&#xc3&#xa2t go through a licensed agency because of the cost. While I have written in the past about the Medicaid problem of hiring aides directly and paying cash (7/20/09 post), there is another very real risk, safety. The following story is one, unfortunately, I have heard more... Posted on November 2, 2009 at 03:00 am by Elder Law Today

Charles Rangel, D-N.Y., intends to introduce legislation in December directly to the floor of the house that would keep a variety of tax breaks from expiring before the end of the year instead of having it go through the House Ways and Means Committee which he Chairs. There are about 73 tax provisions scheduled to expire by Dec. 31, including the credit for research and experimentation expenses, deductions for tuition and state and local taxes, film and TV production expensing rules, a... Posted on November 20, 2009 at 04:08 pm

High wage earners may have reason to be concerned about several proposed tax changes coming in 2010 and 2011. According to a Wall Street Journal article, some of the proposed changes are as follows: In 2011, marginal income tax rates are set to rise from 35% to 39.6%. In 2011, capital gains tax rates are set to rise from 15% to 20% and dividends would be taxed at the same rate as regular income. President Obama has proposed making the 15% capital gain tax rate permanent for most people while... Posted on November 20, 2009 at 04:03 pm

There likely will be no permanent Estate Tax Bill this year. Instead, members of the House&#xe2€&#x84Ways&#xe2€&#x84and&#xe2€&#x84Means&#xe2€&#x84Committee hope to move legislation that extends current estate tax levels for one year. The Dow Jones Newswire article describes the problem this way: But House Democrats are blanching at the $256 billion, 10-year cost of making the 2009 policy permanent. As millions of low-income and middle-income Americans are struggling to climb out of the recession, they don't want to cast a... Posted on November 18, 2009 at 12:45 pm

Please enjoy your Friday lawyer joke... Q: What's the problem with lawyer jokes? A: Lawyers don't think they're funny and non-lawyers don't think they're jokes! Posted on November 20, 2009 at 08:09 am by Michael J. Keenan, Esq.

Many of my clients get confused between SSI, SSDI, Social Security retirement benefits, etc. And with good reason; the acronym "SS" makes the names of these benefits too similar (clients have the same problem distinguishing between "Medicaid" and "Medicare"). Supplemental... Posted on November 20, 2009 at 05:57 am by Michael J. Keenan, Esq.

If you're thinking about pursuing a conservatorship for a loved one in your local Connecticut Probate Court and you're trying to figure out how much the whole process is going to cost, don't forget to include a bill from your... Posted on November 19, 2009 at 05:52 am by Michael J. Keenan, Esq.

I found a great website to track exactly how the stimulus dollars are being spent, down to the county level. The Stimulus Tracker at msnbc.com shows the allocation of hundreds of billions of stimulus dollars on contracts, grants and loans to restore infrastructure. These are the dollars intended to jump-start the economy, and you can see exactly how they are being spent in the nation, your state, or your county. It shows not only dollars, but new jobs created. For example, New York, Florida,... Posted on November 19, 2009 at 10:53 am

After a flurry of reports that Congress was going to address the estate tax this week, Derek Jenson posts this week that it is being postponed until at least after Thanksgiving. Derek comments that this makes the one year extension of the current federal estate tax law (a $3.5 million exemption per person with a 45% rate) virtually a lock - because what else do they have time to do at this point? Interestingly, Derek comments on how this "band aid" is only going to create more of an issue for... Posted on November 18, 2009 at 07:37 am

It's your money - who should be helping you invest it? Alexis Leondis at Bloomberg reports today that there is a definite trend of dollars leaving the larger brokerage houses to be placed with independent financial advisors instead. Almost 30 percent of the world's millionaires withdrew assets or left their wealth management firms last year, and 46 percent lost confidence in their advisers, based on a survey released in June by Capgemini SA and Merrill Lynch & Co. Independent registered... Posted on November 17, 2009 at 11:26 am

Part 4 of 7 This is part four of seven in my series of posts listing seven of the most common mistakes I see made by new business owners, along with suggestions and resources to avoid making these critical mistakes yourself. If you missed my previous posts in this series, you can read them here: Common Mistake #1: Poor Recordkeeping Common Mistake #2: No Business Plan Common Mistake #3: Not Having Business Agreements In Writing&nbsp [...] Posted on November 16, 2009 at 08:00 pm

What would happen to your business if you were suddenly removed from the picture? The overwhelming majority of small businesses fail shortly after a sudden change in ownership. Astute business owners need a formal business succession plan in place to ensure the continued success of their business in case of their sudden death, incapacity or long term disability rendering them unable to make critical business decisions. Death and disability are not su [...] Posted on November 10, 2009 at 08:00 pm

The Federal Trade Commission (FTC) has once again delayed enforcement of the Red Flags Rule, this time until June 1, 2010. This latest enforcement delay comes at the request of the U.S. Congress. The Red Flags Rule is a federal law targeting identity theft by requiring financial institutions and creditors with covered accounts to create, implement and administer a written identity theft prevention program. The FTC has previously [...] Posted on November 5, 2009 at 08:00 pm

The advocacy group California Advocates for Nursing Home Reform (CANHR) has announced that California governor Arnold Schwarznegger has signed the following CANHR-sponsored bills into law: "SB 781 (Leno): The RCFE Eviction Protection Act This law will add requirements to eviction notices that will require the facility to inform residents of their rights when faced with an eviction and will require the facility to provide a list of resources available to identify alternative housing and care... Posted on October 20, 2009 at 05:00 pm by Felicia Curran

The New York Times ran an article recently called &#xc2&#x93Invisible Immigrants, Old and Left with &#xc2&#x91Nobody to Talk to,&#xc2&#x92&#xc2&#x94 profiling the hardships faced by the immigrant elderly &#xc2&#x96 citizens of other countries, who come to the United States at age 65 or older. Elderly immigrants are America&#xc2&#x92s fastest growing segment of immigrants. In California, one in nearly three seniors is now foreign born. Late life immigrants are a vulnerable population, at least in part due to a 1996 federal law that puts on... Posted on October 19, 2009 at 05:00 pm by Felicia Curran

The New York Times ran an article on Monday describing an innovative type of training for medical students thinking of specializing in geriatric medicine &#xc2&#x96 spend a week or two in a nursing home. The article profiles how a medical student, Kristin Murphy, pictured here, spent two weeks at a nursing home in New York. She was given the mock diagnosis of &#xc2&#x93mild stroke that affected her right side, difficulty swallowing and chronic lung disease,&#xc2&#x93 and had to act the part. She said that the... Posted on August 25, 2009 at 05:00 pm by Felicia Curran

Here is a unique idea from attorney/VA benefits estate planner Dale M. Krause on how a war-time veteran can reduce his or her net worth in order to attain eligibility for Veterans Improved Pension with either the Housebound or Aid and Attendance benefit supplement through the purchase of a Single-Premium Immediate Annuity, or SPIA: For those veterans looking for economic assistance to pay for home healthcare, assisted living, or nursing home care, they might want to investigate whether they are... Posted on October 7, 2009 at 09:01 pm by dvanar

Each of us who have been forced to admit a loved one into a nursing home or care facility due to chronic long-term illness hopes and expects that he or she will receive good care there. But what does good long-term care look like? Would we recognize good care if we saw it? An interesting article recently published in the New York Times attempts to describe some of the characteristics of good care in nursing homes, as follows: Staff members who are well-trained in gerontology Sufficient aides to... Posted on October 6, 2009 at 09:15 pm by dvanar

Recently, The Wall Street Journal and Carolyn Elefant at MyShingle.com reported on a landmark study by the Gallup Poll of 100,826 working adults which examined how occupation affects happiness. In the study, business owners outranked 10 other occupational groups on a composite measure of six criteria of contentment, including emotional and physical health, job satisfaction, healthy behavior, access to basic needs and self-reports of overall life quality. "Despite the recession, it still pays to... Posted on October 4, 2009 at 09:04 pm by dvanar

This morning, after a court appearance in Olympia, I passed a newspaper box and read this headline in The Olympian: "Worker Killed at Cider Mill." The headline should have been "Abusive Ex-Boyfriend Hunts and Kills Worker at Cider Mill." It is a familiar but heart-breaking story, made more so by the detail that the victim's 77-year old boss tried to pull the killer away from her. The victim, Kay I. Langford, had left her reportedly-abusive boyfriend only weeks before. Domestic violence... Posted on September 25, 2009 at 12:52 pm by Rachel Brooks Mitchell

It is official: Judge Robert Harris will retire on December 31, 2009. The Columbian, "In our View," July 20, 2009. I don't know Judge Harris' personal feelings about retirement, but I can guess. You see, this is not a voluntary retirement. It is mandatory. In Washington State, Judges must retire by age 70. Washington is not alone - several other states and the UK have mandatory judicial retirement laws. Compulsory retirement doesn't make sense, especially in this day, when life expectancies are... Posted on August 19, 2009 at 03:10 pm by Rachel Brooks Mitchell

We don't have to tolerate elder abuse. June 15 is the annual World Elder Abuse Awareness Day. This is something we all ought to think about, and not just tomorrow. "Elder abuse" is a general term which includes financial abuse, neglect, sexual abuse, and physical abuse. As we grow older, we may become more vulnerable due to physical limitations, social isolation, and dementia. Sadly, the usual perpetrators of elder abuse are adult children. According to the National Center on Elder Abuse, more... Posted on June 14, 2009 at 03:31 pm by Rachel Brooks Mitchell

Every senior, every parent of a child with a disability, every advocate for seniors and every elder law attorney should stop today and say a prayer of gratitude for the life and advocacy of the man I've been proud to call my senator. He was the author of over 300 bills and the critical sponsor of countless others, whose topics included but are not limited to: Medicare S-Chip -- expanding health insurance coverage for children of the working poor Medicaid Meals on Wheels The Ryan White AIDS Act... Posted on August 26, 2009 at 03:01 am by E. Alexandra "Sasha" Golden

Now here's good thinking -- the head of a retirement community where I practice has started up a mutual assistance program for assisted living facilities and nursing homes. 170 Massachusetts facilities have signed on to help each other take in residents and share resources in the event of fire, prolonged energy outage, flood, etc., etc. This idea can keep a lot of frail elders out of emergency rooms and Red Cross shelters during crises. So, when you are looking for a facility for yourself or a... Posted on August 19, 2009 at 02:16 pm by E. Alexandra "Sasha" Golden

Ouch.... For the first time in over 30 years, Social Security will NOT be giving retirees a cost-of-living increase (COLA) for 2010. Most beneficiaries will not see a change in their Medicare Part B premiums; however, for about one-quarter of all beneficiaries, Medicare Part B premiums -- normally automatically deducted from your Social Security check -- will increase from the present $96.40 per month to an estimated $119 per month. It is also highly likely that Medicare D premiums for... Posted on August 18, 2009 at 03:14 am by E. Alexandra "Sasha" Golden

Congratulations and a big thank you to our Florida Congressmen, Ander Crenshaw and Kendrick Meek, who have introduced legislation to allow families to plan for their loved ones with some significant tax saings. Information on the bill follows. To see the bill in its entirety, click on H.R. 1205. Disability Savings Accounts The bipartisan Achieving a Better Life Experience Act of 2009 (ABLE Act), H.R.1205/S. 493, was introduced in both the House and Senate on February 26. The bills would allow... Posted on March 5, 2009 at 11:03 pm

Special Needs Trusts in Florida and around the nation will be impacted by the new POMS on Special Needs Trusts issued in January. The March meeting of the Academy of Special Needs Planners will have top experts discussing the changes, and other important information on Special Needs Trusts. If you are an attorney, plan to attend. You can register at the Academy's website, [www.specialneedsplanners.com]. Posted on February 14, 2009 at 09:04 pm

The Social Security Administration published new POMS, the staff operating manual, on Special Needs Trusts. As Chair fo the Special Needs Trust Committee of the Florida Bar's Elder Law Section, I have set a meeting to review the new POMS in detail for March 19th, in Tampa. Here's a "CLEAN COPY" of the new 2009 POMS on Trusts. I also prepared a word-by-word analysis of the 2009 changes from the original 2001 POMS. Deletions are indicated by striking through the word, and additions by... Posted on February 14, 2009 at 03:29 pm