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We received a great response to our new brochure, Navigating Medicare: Parts A, B, C & D, recently.
Now our newly revised Nursing Home Checklist is available as well. A critical shopping tool for choosing the best nursing home, this brochure contains questions to consider as you perform your research. Bring a copy of this checklist to each facility you visit and take plenty of notes. Later, use your notes to compare the facilities.
Click here to view it online or email us at Info@ElderLawAssociates.com to request copies.
Please indicate how many you would like; they are a great resource to distribute to potential residents, clients and patients.
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 Elder Law Associates PA congratulates Ellen S. Morris for being selected for Florida Trend magazine's 2009 Legal Elite 2009. This annual edition names the top 918 lawyers who have earned the trust, confidence and respect of their peers. This year's Legal Elite is a prestigious roster representing less than 2% of the nearly 63,000 Florida Bar members practicing in Florida.
In addition, Ms. Morris and partner Howard S. Krooks, CELA, CAP, were included in the Super Lawyers South Florida 2009 edition. Each year, Law & Politics, the publisher, undertakes a rigorous multi-phase selection process. Only 5 percent of the total lawyers in the state are selected for inclusion in Super Lawyers.
We provide The Elder Law Update to our clients and our colleagues who make up a wide range of service providers for seniors and people with disabilities to facilitate the dissemination of helpful and accurate information. We thank you for letting us share our knowledge with you. We continue to welcome your comments and questions. You may send them to Info@ElderLawAssociates.com. |
U.S. Supreme Court Holds Local School District Must Pay for Private Special Ed
 Individuals with Disabilities Education Act, the nation's special education students are entitled to a "free and appropriate public education."
Schools have argued that the law says parents of special education students must give public special education programs a chance before seeking reimbursement for private school tuition.
But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need.
Justice John Paul Stevens said in his majority opinion that the federal Individuals with Disabilities Education Act requires a school district to pay for private special ed services if the public school does not have appropriate services.
"We conclude that IDEA authorizes reimbursement for the cost of special education services when a school district fails to provide a FAPE [Free Appropriate Public Education] and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school," Stevens said.
 In the case before the Supreme Court, the family of a teenage Oregon boy diagnosed with attention deficit hyperactivity disorder - who was identified only as T.A. - sued the school district, saying the school did not properly address the student's learning problems. The family is seeking reimbursement for the student's tuition, which cost $5,200 a month. The family paid a total of $65,000 in private tuition.
In its appeal, the Forest Grove School District said students should be forced to at least give public special education programs a try before seeking reimbursement for private tuition. If not, parents would bypass public schools and go directly to private school - and then ask for reimbursement from school systems already burdened by ever-increasing costs.
The court's decision does not require reimbursement, but Stevens said school officials "must consider all relevant factors, including the notice provided by parents and the school district's opportunities for evaluating the child, in determining whether reimbursement for some or all of the cost of the child's private school education is warranted."
Justice David Souter, Antonin Scalia and Clarence Thomas dissented.
"Given the burden of private school placement, it makes good sense to require parents to try to devise a satisfactory alternative within the public schools," Souter said in the dissent.
This is the court's second attempt at resolving this issue. The high court split 4-4 on a similar case from New York City two years ago. Justice Anthony Kennedy recused himself in the New York case but was among those who ruled on the Oregon case.
Nationwide, the number of special education students placed in private schools at public expense has not changed significantly over the last two decades, Justice Department lawyers said, citing statistics from the U.S. Department of Education. Just under 67,000 pupils were in private placements in 2007 - just 1.1 percent of the country's nearly 6 million special education students.
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You May Be Able to Claim Social Security Benefits Now and Claim More Later
Although you can begin receiving Social Security benefits anytime after age 62, the longer you wait, the higher the benefit you will receive. But many people need money right away and cannot afford to delay. If you are married, there is a strategy that may allow you to claim some benefits immediately and then claim more benefits later.
First a little background: You have three options for when to begin taking your Social Security retirement benefits: You may begin taking benefits between age 62 and your full retirement age, you can wait until your full retirement age (which varies depending on your age), or you can delay benefits and take them anytime up until you reach age 70. Your benefit will increase by 6 to 8 percent, depending on when you were born, for every year that you delay, in addition to any cost of living increases.
The "claim now, claim more later" strategy outlined in a new study by the Center for Retirement Research at Boston College is based on the fact that married individuals are entitled to either a Social Security benefit based on their own earnings or to a spousal benefit equal to one-half of their spouse's full retirement benefit. When you reach full retirement age, you can choose which benefit you want to take. If you choose your spousal benefit, you can continue building up delayed retirement credits for your own benefit. Then at age 69, you can claim your maximum retirement benefit and stop receiving the spousal benefit.
The study gave an example of how this "claim now, claim more later" strategy would work. According to the study, it is usually optimal for a wife to claim her own early retirement benefits because wives typically earn less than their husbands but also usually outlive them, and once the husband dies, the wife is entitled to his benefit as a widow. Therefore, according to the strategy, the wife would claim early retirement benefits at 62 while the husband waited. Once the husband reached his full retirement age, he would claim a spousal benefit. Then at 69, the husband would claim the maximum amount of his retirement benefit and stop receiving the spousal benefit. If the wife earns more than the husband, the strategy would work in reverse.
Illustration: Beginning at age 62, Mrs. Brown gets $978 a month in early retirement benefits. Beginning at age 66, Mr. Brown receives a spousal benefit of $767 a month (50 percent of his wife's full retirement benefit of $1,534/month). Then, at age 70, Mr. Brown stops receiving the spousal benefit and begins receiving $3,209 a month (the maximum amount of his retirement benefit).
To read the study, click here.
For more information on Social Security benefits, click here.
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Do Not Fall for the "Certified Copy of Your Deed" Swindle
 Would you pay $60 for something you could get for as little as $1 and probably do not need at all? A company called National Deed Service is hoping to persuade homeowners to part with the extra cash to purchase a "certified copy" of the deed to their home. Officials in many states are warning homeowners not to fall for the company's deceptive, but apparently legal, pitch.
For the last three years, the Northbrook, Illinois-based National Deed Service has been sending direct-mail solicitations to homeowners in different parts of the country alleging that the U.S. Federal Citizen Information Center (FCIC) recommends that property owners have an official or certified copy of their deed and offering to deliver such a copy within 30 days for $59.50, or higher depending on where the homeowner lives. The service's website further warns that "It is not an easy process to obtain public records from a governmental agency."
In fact, obtaining their deed is usually quite simple, inexpensive, and probably unnecessary for most people. A deed is a public record and is available from the Register of Deeds at most county courthouses for as little as $1, or even for free in some locales. Some counties also allow homeowners to view and print their deeds from their website. Most homeowners receive a copy of their deed at closing, but even if they do not have one, there is little necessity to pay a hefty sum for a "certified copy" when a copy is always available when and if a homeowner needs it.
As for National Deed Service's claim that the government suggests that homeowners keep a certified copy of their deed, the FCIC website actually simply suggests that if you have a safe deposit box, it should contain certified or official copies of documents.
"I don't know how the deed companies thought they could stretch our statement that 'if you have your deed, you should keep it someplace safe (like a safe deposit box)' into 'you definitely need to have a copy of your deed in your possession,'" Rebecca Fulcher, a consumer information specialist with the FCIC, told the Southwest Times Record in Fort Smith, Arkansas. According to Fulcher, most homeowners do not need to have a copy of their deed.
The Recorder's Office in Allen County, Indiana, was recently flooded with calls from homeowners asking about a solicitation they had just received from National Deed Services.
"We've pursued this issue with the Indiana Attorney General on several occasions and the problem turns out to be that there are enough disclaimers in this letter to keep it within the law, but it sure is close and it sure does spook a lot of people who don't read it all the way," said Allen County's Recorder, John McGauly, on WANE TV in Fort Wayne.
For its part, National Deed Service claims it is simply providing a service for those willing to pay for the convenience of not going down to the courthouse themselves. "People can cut their own hair if they want to, but they go to a barber," company owner Barry J. Isaacson told Real Estate News. |
Beware of Generic Health Care Proxy Forms
 Hospitals often give patients a health care proxy form to sign on being admitted. While it might seem easy to sign a generic health care proxy form, having a document that is specifically tailored to your needs is important.
A health care proxy allows you to appoint someone else to act as your agent for medical decisions. In general, a health care proxy takes effect only when you require medical treatment and a physician determines that you are unable to communicate your wishes concerning what that treatment should be. Appointing someone to serve as your agent helps ensure that your medical treatment instructions will be carried out.
While a health care proxy serves to appoint an agent to speak for you, you can also use it to give the agent guidance about your medical wishes. Following are some issues that can be addressed in a health care proxy:
- The name of the person authorized to act for you. It is good to appoint an alternate as well.
- If you are terminally ill, in a coma, or have brain damage with no hope of recovery, you can explain the kind of treatment you do not want. For example, do you want feeding tubes, resuscitation, dialysis, or blood transfusions?
- Whether or not you want to be kept alive by machines if you are in a persistent vegetative state.
- Under what circumstances you want pain medication to be administered.
- Whether you want to donate your organs.
- Whether you want to be cremated or buried and where and how your remains should be disposed of.
Whatever choices you make, you should take time to consider your health care wishes before drafting a health care proxy. For this reason, signing a generic hospital form is not a good idea, as such a form will not take your individual wishes into account. In addition, if you already have a health care proxy as a part of your estate plan, the generic form will revoke your more personal health care proxy.
Elder Law Associates PA can help you create a document that addresses your situation. Email us for more information by clicking here.
For more information on health care decisions, click here. |
| Mediation Can Facilitate an Amicable Senior Divorce
 As people live longer, the divorce rate among seniors is growing. Older couples confront different problems than younger ones do when getting divorced, and a mediator can help sort through these issues and facilitate an amicable settlement.
While divorces among younger couples usually focus on child support and visitation issues, some of the considerations that seniors must take into account when getting divorced include:
- Health Insurance. Is one spouse on the other's health insurance?
- Retirement benefits. Is one spouse relying on the other's retirement benefits? Does the beneficiary need to be changed?
- House. Seniors may have more value in their home than younger couples and they are more likely to own more than one home.
- Life Insurance. Is there value in a life insurance policy?
These issues can be complicated to deal with and expensive to litigate. A mediator can help to work them in a cheaper and less contentious way than what would happen in court. Mediators meet with couples and allow them to discuss their needs in a non-confrontational manner. The goal is to produce a settlement that addresses the interests of both spouses.
Mediation works best if it is started right away and not after the couple has already been to court. Going to court can create bad feelings, which may make mediation more difficult. Starting mediation early can also save on attorney's fees and other costs. Expenses quickly add up when you bring a case in court. Once a mediated agreement is signed, it is binding and needs only to be filed with the court. In addition, divorce can be difficult on children, even if they are adults. Mediation can help keep the divorce civil so children are not forced to take sides.
For an article on divorce mediation by a mediator, click here. | |
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National Aging Research Organization Launches Florida Affiliate
American Federation for Aging Research (AFAR), with a prestigious four-star rating from Charity Navigator, is a charity whose mission is to support biological and biomedical research on aging. Since the national organization's founding, AFAR has granted approximately $113 million to nearly 2,500 scientists throughout the U.S., helping to further scientific knowledge that will allow more people to live longer, healthier lives.
AFAR recently launched a Florida Affiliate to expand the organization's efforts to support research on aging in our state, and already has received significant support from AvMed Health Plans:
"As a Florida-based and Florida-focused company, we are proud to support the work of an AFAR Florida scientist through the AvMed Health Plans AFAR Florida Research Grant," said Ed Hannum, AvMed's president. "Our mission is very much aligned with the goals of AFAR researchers - that is, to improve the health and quality of life of Floridians. We believe aging research is essential to understanding the underlying causes of many diseases prevalent among seniors and we support AFAR's efforts to reduce the suffering and ultimately, the healthcare costs associated with these diseases."
Comprised of a regional director and a board of directors, the Florida Affiliate partners with area universities, foundations, corporations and professional practices like Elder Law Associates PA to achieve three primary goals:
- To raise funds to provide research grants to Florida's best and brightest Ph.D.s and M.D.s in the field of aging research.
- To increase the distribution of funds to scientists at Florida-based educational institutions.
- To create educational opportunities for scientists and the general public, creating environments that support the exchange of ideas and the sharing of new discoveries about healthy aging.
"Florida is ranked first in the nation in its percentage of residents age 65 and older," said Susan G. Lichtman, AFAR Florida's regional director. "With an aging population that consists of nearly one-fourth the entire population of the state, it makes sense for AFAR to focus on securing and distributing resources to Florida-based researchers who are studying specific age-related diseases as well as the aging process."
As Florida's demographic continues to shift to an older population and scientists at Florida's educational institutions compete for increasingly scarce research dollars, the need for private funds to support aging research efforts throughout our state is more important than ever. Addressing this critical need is the mission of the new AFAR Florida Affiliate.
To make a contribution, or for more information about AFAR's new Florida Affiliate, please visit www.afarfl.org, or contact Susan G. Lichtman, Regional Director, 305-598-1115, susan@afar.org. |
| Pass It On ...
 If you know others who would benefit form this information, please pass it along. Click on the blue Forward Email at the bottom of the page to send this newsletter to someone who will also find this information useful. We welcome the opportunity to serve the people you care about. Call us whenever we can help you, your friends, family members or business associates. | |
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Elder Law Associates PA is a boutique elder law firm that practices exclusively in Medicaid and long term care planning including long term care insurance, Medicaid applications, home and community-based Medicaid waiver services, diversion program benefits, nursing home benefits, spousal refusal applications, and Medicaid fair hearings and appeals; nursing home and assisted living facility residents' rights litigation; asset preservation planning with a special focus on planning in light of the Deficit Reduction Act of 2005, including personal service agreements, the purchase of life estates, income producing real estate and spenddown planning; disability planning, including special needs trusts and guardianship; estate planning, including wills and trusts and advance directives; and probate, which encompasses estate and trust administration as well as litigation.
We assist clients in planning for the possibility of disability, incapacity, home health care, assisted living and/or nursing home placement. Our firm enables clients to avoid impoverishment caused by the escalating cost of long term care, to maintain their right to make health care decisions and to avoid unnecessary medical treatment.
We hope you have enjoyed The Elder Law Update. If you have questions about something you read, elder law matters or issues concerning persons with disabilities, we would be delighted to hear from you. We serve as an elder law resource to many professionals and organizations and want to become your elder law resource as well. You can reach us at Info@ElderLawAssociates.com.
Warm regards,
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Ellen S. Morris, Esq. & Howard S. Krooks, Esq., CELA, CAP
Elder Law Associates PA
phone: (561) 750-3850 / (800) 353-3752
fax: (561) 750-4069
This publication is intended for general information purposes only. It is not intended to constitute individual legal advice to any specific client. |
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