Elder Law

3 Ways to Reduce COVID-19 Risks in Nursing Homes

Published on: December 24, 2020 | by Ettinger Law Firm

In September 2020, the nursing home staff at the Soldiers’ Home in Holyoke Massachusetts were indicted on criminal charges in what the Attorney General described as the first criminal case against nursing home operators in connection to the COVID-19 pandemic. Seventy-six veterans at the hospital died as a result of the outbreak. The nursing home operators were indicted on charges of being the caretakers who wantonly or recklessly commit or permit bodily injury to an elder or disabled individual. The nursing home is a state-run, fully accredited center that offers 247 long-term nursing beds and a 24-hour care center. Due to staffing shortages, the facility consolidated two dementia units into one, which led to confirmed COVID-19 patients being placed on the same unit as asymptomatic residents. The facility also placed residents who were thought to be asymptomatic on nine beds in the dining room, even though some of the residents were displaying COVID-19 symptoms. These beds were allegedly not sufficiently distanced and allowed residents to socialize despite their COVID-19 status.

These charges suggest the focus on accountability for COVID-19 exposure by both the federal and state government. The Attorney General has also begun to scrutinize other long-term facility cases. The Attorney General has also stated that it is a good idea for long term care facilities to review their policies and procedures in regards to the pandemic. If you have a loved one in a nursing home, it’s understandable to be concerned about COVID-19. As a result, this article reviews some critical steps that you should follow in such a situation.

# 1 – What To Do If A Loved One Is In A Facility With No COVID-19 Cases

3 Tips on Having Long-Term Care Discussions Now And Not Later

Published on: December 21, 2020 | by Ettinger Law Firm

It’s a common predicament. After the holidays have concluded, adult children are frequently left concerned about whether their parents can live safe independent lives. These adults often are left feeling uncertain about what the best decision is to make so that their parents remain safe but also do not have freedoms needlessly stripped. This year has made adult children more concerned than usual because with many people deciding to celebrate the holidays virtually, it’s becoming more difficult to recognize when someone can no longer live independently. Despite COVID-19, there are still several helpful strategies you can follow to have a conversation about long-term care with your parents now instead of later.

# 1 – Discuss Your Parent’s Daily Routine

Whether it’s in person, over the phone, or through video should, you should begin by chatting with your parents and discussing their lives as well as their routines. Some of the critical questions that you should ask include what are your parents’ daily habits and whether they find anything that limits their ability to live life as they once did. You should also inquire as to what modifications your parents have made to their daily lives as a result of the pandemic. Any clues that a parent’s basic daily living activities have ceased or are substantially limited should give rise to concern about the parent’s safety.

A Quick Guide to Caregiver Assignments

Published on: December 6, 2020 | by Ettinger Law Firm

It’s a common occurrence for family and friends to be the caregiver for disabled and elderly loved ones. In these situations, it is critical to understand that caregiver assignments are legal documents that both define as well as describe how a loved one should be cared for by another individual, which often will include a family member or friend. These agreements play the critical role of making sure that family members and loved ones both agree and understand the labor and cost associated with caring for a loved one. To better help you understand the role that a caregiver agreement can play in your estate plan, this article reviews some critical issues that you should consider about such agreements.

Why Caregiver Assignments Are Important

Caregiver assignments are an invaluable tool for making sure that a loved one receives the best care possible from both family members as well as medical providers. These documents can also perform the invaluable role of protecting caregivers by performing the necessary task of describing how much a caregiver should receive as well as the plan of action for such care. Caregiver assignments also often perform a valuable role in avoiding family conflicts.

Safe Ways to Spend Assets So You Still Qualify for Medicaid

Published on: November 17, 2020 | by Ettinger Law Firm

It’s an unfortunate reality that many people who apply for Medicaid end up discovering that they have too many assets to qualify for the program. Instead of being available to everyone, Medicaid is classified as a “needs-based” program and a successful applicant must be determined to have insufficient assets before the program will “kick in” and provide assistance.

The process of reducing a person’s assets to qualify for Medicaid is also known as “spend-down”. Like many estate planning processes, many misconceptions exist about the “spend-down” process. For example, rather than only medical care, there are various things that a person can spend on without disrupting qualification for Medicaid.

Allowable Spend-Down Categories

Protecting Assets With Caregiver Agreements

Published on: November 15, 2020 | by Ettinger Law Firm

Family members as caregivers overwhelmingly provide for elderly and disabled loved ones at home. Although a labor of love, taking care of ailing loved ones also has a market value, meaning that caretakers may be paid as a way to protect assets.

Through the use of a Caregiver Agreement, also known as a Personal Services Contract, the disabled or elderly person may transfer money to family members as compensation rather than as a gift. Gifts to family members made in the last five years before applying for Medicaid to pay for nursing home costs disqualify the applicant from receiving Medicaid for a certain period of time, known as a “penalty period.”

For example, mom depends on daughter Janice for her care. If mom gifts $100,000 to Janice, then goes into a nursing home in the next five years and applies for Medicaid, the gift to Janice will result in about a ten month penalty period. Janice will have to give the $100,000 back to mom to pay nursing home costs during the penalty period, or mom will have to use other resources to pay.

Why Claiming Social Security Benefits at 62 May be Good for You

Published on: April 24, 2020 | by Ettinger Law Firm

The conventional wisdom is to wait and not claim Social Security benefits until you are over 66 (the full retirement age for individuals born between 1943 and 1954). Full retirement age is calculated by year of birth. To see what your full retirement age is click here, or review the website maintained by the Social Security Administration (www.ssa.gov). The reason choosing when to begin claiming Social Security benefits is a big decision that will impact the size of your monthly benefit amount or checks for the rest of your life. For example, if you have a full retirement age of 67 and wait until age 70 to begin claiming Social Security benefits, you’ll receive your full benefit amount plus an extra 24% each month for the rest of your life.

Delaying benefits however isn’t right for everyone, and it may make sense for you to claim your benefits as early as possible, or age 62, (the earliest retirement age for individuals born between 1943 and 1954). Again, to determine when you can claim your benefits, click here. Three reasons why claiming your retirement benefits through the Social Security program may be right for you are as follows:

Your retirement years are limited.

How much can you receive in divorce benefits?

Published on: April 15, 2020 | by Ettinger Law Firm

If you’re eligible for divorce benefits from the Social Security Administration (SSA), you can collect up to 50% of the amount your former spouse is eligible to receive by claiming your benefits at his or her full retirement age (FRA).

Your FRA is either 66, 66 plus a few months, or 67, depending on the year you were born. The earliest you can claim Social Security benefits is 62. If you claim benefits before your FRA, your Social Security benefits will be permanently reduced by as much as 30%. You can only receive your full Social Security benefit amount if you claim benefits at your FRA.

You cannot double dip

Are You Still Concerned About Your Child’s Spouse?

Published on: April 12, 2020 | by Ettinger Law Firm

Estate planning around your child’s partner is concerning for many parents. Shielding your assets from your child’s spouse in the event of divorce is possible and can be a part of your estate plan. The reasons for wanting to shield your assets from your child’s spouse are varied and packed with emotions and feelings. Some parents wish to pass their property down within their own bloodline. Other parents themselves are also divorced and worry about how their child’s inheritance may wind-up down the road if there is a divorce or a new family in the picture. And some parents, even after years of their child being married, still do not like their spouse.

It is upsetting to a child when his or her parents disapprove of their spouse. Some families are discreet about their true feeling, while others make it well-known. No matter where you fall in the spectrum of possibilities, there are ways to prepare your estate plan that may take away some of your worries that your child’s inheritance will be squandered away when you die because of his or her relationships while avoiding the emotional time-bomb of revealing your true feelings about your child’s spouse to your child.

The most effective way to shield your assets from your child’s spouse is to have your child and his or her spouse enter a prenuptial agreement before they get married. While this may be the best solution, it is also the most emotionally charged and wrought with difficulties. If you push to hard, legally, it may be a ground to invalidate the prenuptial agreement, because such agreements need to be voluntary to be enforceable. Trusts are an emotion-free method to communicate and exercise your feelings about your child’s choices without articulately them to all who would here.

Estate Planning in Turbulent Times – Additional Things to Consider

Published on: April 6, 2020 | by Ettinger Law Firm

We continue to wish you and your family safety and good health and hope that worldwide events unleashed by the pandemic we are experiencing does not keep you separated from your loved ones for too long. Wash your hands regularly and avoid touching your face. Limit your contact with other people and maintain cleanliness and good hygiene to slow down the spread of COVID-19.

We continue to discuss items you should review in your current estate plan to take into consideration the volatility of the financial markets and to compensate for financial losses your retirement plans may have experienced because of the losses. Ask your estate planning attorneys to help you consider the following changes to your estate plan.

Refinance intra-family loans to take advantage of lower interest rates.

Pay Up: 13 States that Tax Social Security Benefits

Published on: March 16, 2020 | by Ettinger Law Firm

For over 80 years, Social Security has made guaranteed monthly payouts to eligible retired workers. Today, over 64 million people receive a monthly benefit from the Social Security program. The average retired worker benefit is $1,505.50 a month, as of January 2020. Generally Social Security income for the ordinary retiree is not taxed. There are states however, that do tax Social Security income.

The federal government can tax your Social Security benefits

The taxation of Social Security benefits began in earnest as part of the Social Security Amendments of 1983. Beginning in 1984, the Internal Revenue Service (IRS) is allowed to apply federal ordinary income tax rates on up to one-half of an individual’s or couple’s Social Security benefit, depending on their income. If an individual’s or couple’s modified adjusted gross income (MAGI) plus one-half of benefits exceeds $25,000 or $32,000, respectively, they would be subject to this tax.