Florida Elder Law Blog - ElderLawAssociates.com

On Tuesday, June 17, we attended the Palm Beach Memory Walk 2008 Awards Breakfast in West Palm Beach. We received the exciting news that the Walk exceeded its goal of raising $100,000 by raising $120,000. Our team was recognized for second place in the category of Top Fundraising Team. The team that took first place better watch out… we have big plans for next year’s competition!

We are proud to be part of this successful effort raise awareness and funds for care for people living with Alzheimer’s, support and research for a cure. Stay tuned for the launch of our 2009 Memory Walk Team! We will need your help and support to help make an impact on this terrible disease.

-- Ellen Morris, Esq. and Howard Krooks, Esq., CELA

Labels: Alzheimer's, community involvement

On June 13, I spoke twice at the 10th Anniversary Family Cafe Conference in Orlando, FL. This was the first time I attended this amazing statewide conference designed to meet the informational and networking needs of individuals with disabilities or special health care needs and their families. I can attest that this event provides a truly unique environment, where Floridians can attend educational breakout sessions relevant to their specific needs, interact with government policy makers, network with other families and learn about the wide range of services available to them. Information on the widest range of topics was at the attendees’ fingertips, from financial planning to outfitting a van with wheelchair accessible equipment, from legal advice to care giving. The speakers were top-notch as was the quality of the information and products.

Two things in particular made lasting impressions. First, the conference was able to address the needs of so many different populations including adults with disabilities, parents of children with disabilities, children with parents with disabilities and so on. It is very difficult to maneuver through daily life and the challenges faced by these groups. By bringing everyone together, under one roof, this event made things a little bit easier.

The second thing that impressed me was that the conference is extremely kid-friendly, reducing parents’ stress and maximizing the quality of time they spend at the conference. The Disney setting is intrinsically exciting for children and allows parents to take turns attending sessions and enjoying time with the children.

Some of the topics I addressed included Special Needs Trusts, Supplemental Income Trusts and Longevity Planning, or ways to address the complex legal and financial issues faced by individuals with disabilities or special health care needs and their families. I was very glad to be a part of this event. It truly makes the road easier for those who travel it every day. I look forward to attending next year.

– Ellen Morris, Esq.

Labels: florida elder law, special needs trusts

On May 28, I attended an Aging Policy Forum for aging network leaders conducted by The Florida Association of Aging Services Providers, through funding from the Florida Department of Elder Affairs. The purpose of the Forum was to identify key topics and share insights, expertise and experiences on emerging aging-related issues. Strategies for communication and collaboration on advocacy on behalf of older Floridians were also discussed.

The central theme of the session was for those involved in the senior community to become more active in grassroots lobbying for increased funding of programs for seniors and persons with disabilities.

Given the opportunity to address the group, I spoke about estate planning and Medicaid planning in regard to the serious lack of resources available to our clients and the almost desperate need to increase funding. Everyone in attendance agreed that the value of waiver programs which keep seniors at home or allow them to go to an interim facility is unparalleled. In comparison to a senior entering a nursing facility, waiver programs save everyone involved (the senior, the State, and the federal government) tremendous amounts of money while preserving the senior’s dignity. Hopefully the increased lobby efforts of leaders in the aging advocacy community will help achieve this most important and common sense goal.

- Ellen Morris, Esq.

Labels: elder care, medicaid

Coping with Dementia.

Rosemary De Cuir. Trafford Publishing. 2007. 182 pages.

Available at Amazon.com

Having a family member with dementia is extremely stressful and presents unique caregiving challenges. Coping with Dementia is designed to help families of individuals with dementia understand what is happening and transition from primary caregivers to advocates.

Written by Rosemary De Cuir, who spent years working in senior services and as a family advocate, the book provides practical information to help families manage. Coping with Dementia begins with an explanation of dementia and a description of the warning signs. Subsequent chapters include tips for effectively communicating with a loved suffering from dementia, dealing with siblings and spouses, making your house safe, and finding support groups and community resources. The book also provides information on services available for individuals with dementia, including mental health programs, home-based services, and respite and adult-day care services. Finally, there are several chapters on how to choose the right facility for your loved one and how to move your family member into the facility.

Written in an easy to understand manner, Coping with Dementia is be a valuable resource for anyone who currently has a family member suffering from dementia.

Lately, we've been seeing a lot of clients worried about getting the pension they earned. Coincidentally, we've come across an article that offers some advice on five pension counseling projects, funded through the U. S. Administration on Aging and serving plan participants and their beneficiaries in 22 states that can help! Click here to see if it offers you some assistance.

If you have any concerns about your pension or any other aspect of your retirement planning, please contact one of our expert Florida elder law attorneys.

--Ellen Morris, JD

Mark Glasser and Suzanne Matthews waged one of the most acrimonious custody battles in recent history, reportedly running up a legal tab well into the millions. But they were not a divorced couple fighting over children, as one might assume. Rather, they are brother and sister who fought over the guardianship of their mother and control of her $25 million fortune. Click here for the back story, "A Family Feud Sheds Light on Differences in Probate Practices From State to State."


On March 8, 2007, the Superior Court Of New Jersey, Chancery Division – Probate Part Middlesex County issued its opinion. Here are some of the highlights of this lengthy (82 page) opinion:

• Lillian's daughter, Suzanne Mathews, must return approximately $20 million to Lillian.
  
• Lillian's earlier will which leaves her estate equally to her two children (Suzanne Mathews and Mark Glasser) remains effective.
  
• A purported later will which Lillian executed with Suzanne's assistance will be ineffective.
  
• Lillian is deemed incapacitated and Joseph Cantanese is appointed as her new guardian of the person and Neuberger Berman (a financial planning firm) as guardian of her estate.
  
• The judge severely criticized Suzanne's conduct determining that she breached fiduciary duties, exerted undue influence over Lillian, and was untruthful with the court.
  
• Although the judge determined that Mark acted in good faith to assist Lillian, the judge was critical of Mark's "take no prisoners" tactics and his "less than candid" testimony.
  

According to Zeke MacCormack, Daughter ordered to repay millions, San Antonio Express-News, March 15, 2007, Mark has "heard talk of an appeal."

--Ellen Morris, JD

As a Florida elder law attorney, I see too many people in the unenviable position of primary caregiver for an ailing parent or other family member. The stress placed on the caregiver often touches all aspects of his or her life, including personal relationships, financial security, and health, sometimes leaving lasting bruises.

Click to read an insightful article about the importance of taking care of oneself while taking care of another and steps one can take to plan for these usually unexpected detours in life.

--Ellen Morris, JD