Blogs

How to Draft and Use DRA Compliant Promissory Notes

One area where the elder law bar considered there to be an expanded planning opportunity was in promissory note planning. Then along came the DRA, with provisions that seemed to revive the use of notes in the planning process by setting clear guidelines, which, if followed, deemed the use of a note not to be […]

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Fall Prevention

Falls are one of the most significant reasons the elderly begin significant health decline. Care providers and families should be mindful of this and consider fall prevention. Complete a fall prevention checklist and consider changes to help prevent falls as well as devices such as a personal emergency response system in case you face an […]

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Alzheimer’s and other Dementia Communication Skills

Experts provide the following tips for communication with a person who has Alzheimer’s. The tips may or may not apply to an individual depending on the severity of the client’s Alzheimer’s: Use familiar words and short, simple sentences. Look directly at the person when talking to him or her. Speak slowly. Be patient – give […]

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Revitalization of Promissory Notes as a Medicaid Planning Tool

Recent implementation of the Deficit Reduction Act of 2005 has resulted in Medicaid policies that are just now being utilized by the Elder Law Bar as a new planning opportunity for asset preservation for families with loved ones seeking long term care. This change was set forth in the ESS manual in January 2010. However, […]

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New Estate and Gift Tax Laws…For Awhile

For 2011 and 2012, we have an estate tax with a 35% rate and a $5 million unified-credit exemption equivalent. That means that if you have an estate of under $5 million, there will be no federal estate tax. For all wills and trusts that have been drafted with any type of formula clause, whether […]

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Is Your Elderly Loved One Receiving What He Or She Deserves?

A Geriatric Care Manager could be the perfect answer when finding the best long-term care for a family member. They work directly with all family members and help educate them throughout the process, find needed resources, and make difficult decisions. Some services provided are. Develop a care plan for the patient’s needs Work with doctors […]

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Senior Sweethearts

For many people, the month of February centers around Valentine’s Day (thank you Hallmark). It is a time for couples, both young and old, to reconnect and share memories together. However, for many elderly couples, dementia and Alzheimer’s make the trip down memory lane difficult. Many elderly end up in nursing homes or other care […]

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Do You Need Money From Your Retirement Accounts?

In the current economy, a retirement plan, IRA, 401(K), or other qualified plan, is often a family’s largest asset. With loans difficult to obtain, accessing retirement funds may be critical, especially if you can do without early-withdrawal penalties. The general rule is that for persons under the age of 59 ½ early withdrawal costs a 10% penalty […]

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Required Minimum Distributions Are Back for 2010

You would probably be hard pressed to name a positive result of the 2008 market crash, but Congress did make one temporary change that benefited retirees over age 70-1/2.   A one-year moratorium on required minimum distributions (RMD) from IRA and 401(k) accounts was enacted for the year 2009. This helped seniors in two ways.  First, […]

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