ELA Header
August 2009
The Elder Law Update
Important Updates for Seniors and their Advocates
In This Issue
Treating Delirium: An Often Missed Diagnosis
Updated Medicaid Limits for Long Term Nursing Care
Don't Leave Children Unequal Shares By Mistake
2009 Long-Term Care Insurance Prices Rise Slightly, Range Widely
Useful Financial, Retirement and Personal Calculators Available on the Web
Getting Cash From a Life Insurance Policy If You Are Terminally Ill
The Greatest Compliment

Quick Links

Join Our Mailing List

  

Our new brochure, Self-Funded Special Needs Trusts is now available.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 clients and patients.
 
Elder Law Forum Logo 09Attention professionals who serve seniors: Save the date of November 12, 2009 for Elder Law Associates PA's 2nd Annual Elder Law Forum, "The Tidal Wave is Coming: Preparing to Meet the Needs of Seniors and Aging Baby Boomers."
 
The Forum will be held from 8:30 AM to 12:00 PM at Stratford Court at Boca Pointe and feature a unique array of presenters from health care, care management, law and consumer advocacy who will address critical questions facing seniors living in Florida. We will focus on the burgeoning demographic of seniors and aging baby boomers and how existing government benefits programs will need to evolve in order to meet the tidal wave of increased care needs. Watch your mailbox for the forthcoming invitation and registration form!

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
Treating Delirium: An Often Missed Diagnosis 
 
We heard this story on National Public Radio and found it both interesting and thought provoking. It's about delirium, a sudden and frightening onset of confusion. A common but often unrecognized problem in hospitalized elderly people, delirium is estimated to affect more than 2 million seniors each year.

Click here to read or listen to the story from NPR's Web site: Treating Delirium: An Often Missed Diagnosis.

Updated Medicaid Limits for Long Term Nursing Care

Effective July-1-2009Click here for a printable PDF.

Don't Leave Children Unequal Shares By Mistake

Unequal fish bowlsSiblings do not always receive equal shares of a parent's estate. Sometimes the inequality is intentional and sometimes it is accidental. Regardless of how it happens, it can cause arguments among the children. However, there are some steps parents can take to promote family harmony.
 
If you intend to leave your children equal shares of your estate, don't forget to consider any money or property held jointly with a child. Property in a joint account passes outside of your estate. If you add a caregiver child to one of your bank accounts out of convenience, the account will pass to that child alone when you die. This is true for any property held in joint tenancy or any property in a POD (Pay on Death) account. If you don't intend for that child to receive a bigger share of your estate, you can add a provision in estate planning documents stating that any property passing through joint tenancy to a beneficiary will be treated as an advancement of that beneficiary's share.
 
On the other hand, you may intend to leave one child a different share of your estate than your other children. For example, you may want to reward a caregiver child or you may feel that a child with a disability needs a bigger share. If you do decide to favor one child over another, you should explain in detail your reasoning in your estate planning document. This may help your children understand your decision. You also need to make it clear that it is your decision and not the influence of the favored child. If your children are unhappy with how much they have received, they may try to challenge your will. (For more information on preventing a will contest, click here.)
 
A qualified elder law attorney can help you ensure your estate is divided the way you intend. For more information about Elder Law Associates PA, click here to send us an email.
2009 Long-Term Care Insurance Prices Rise Slightly, Range Widely

Growth chartA 55-year-old individual considering a basic level of long-term care insurance protection -- a $100 daily benefit and three years of coverage -- can expect to pay $723 a year if married or $1,060 if single, according to the 2009 Long-Term Care Insurance Price Index, an annual report from the American Association for Long-Term Care Insurance, an industry group.

A 65-year-old purchasing comparable coverage will pay $1,364 (married) or $2,028 (single) according to the report. Costs for coverage increased about 2 percent over those reported in 2008.
 
"For some age bands the cost of long-term care insurance actually declined," notes Jesse Slome, the association's executive director. "What we did see is a far wider range of prices between insurers offering basically the same coverage." According to the Association study, costs can vary by as much as 100 percent. "This could reflect different benefits or simply the individual insurer's pricing assumptions," Slome explains. "Consumers should compare policies or work with a knowledgeable insurance professional who can analyze for them."
 
The cost for long-term care insurance is closely tied to interest rates, which dictate how much insurers can earn on the premiums they invest. Slome told ElderLawAnswers that "for every one percent drop in interest rates, an insurance company needs a 10 to 15 percent premium increase." Interest rates have declined in recent years.
 
The annual index measures current costs for top-selling long-term care insurance policies that offer consumers approximately $115,000 in current benefits (base-level coverage), with protection increasing yearly as the individual ages. The study compares costs for plans that provide benefits for three years or longer and also offer an inflation option that increases the available insurance benefits by five percent compounded each year. "A solid base plan of protection will grow in value to over $305,000 of protection 20 years from now," Slome explains.

Below is the 2009 price index:

2009 National LTCi Price Index

Average price for a comprehensive long-term care insurance policy (100 percent home care benefit + skilled care coverage) 90-Day Elimination Period with 5 percent Compound Inflation Protection Option
 Age 55
$100 Maximum Daily Benefit x 3 Year Benefit Period Cost: $723 per year. Individual Qualifies for Preferred Health and Spousal Discounts

2008 Cost: $709 per year (2% increase)

Age 55
$100 Maximum Daily Benefit x 3 Year Benefit Period Cost: $1,060 per year. Individual is single (preferred health discount)

2008 Cost: $1,095 per year (3% decrease)

Age 55
$150 Maximum Daily Benefit x 3 Year Benefit Period Cost: $1,084 per year. Individual Qualifies for Preferred Health and Spousal Discounts

2008 Cost: $1,064 per year (2% decrease)

Age 55
$150 Maximum Daily Benefit x 3 Year Benefit Period Cost: $1,590 per year. Individual is single (preferred health discount)

2008 Cost: $1,578 per year (less than 1% increase)

Age 65
$100 Maximum Daily Benefit x 3 Year Benefit Period Cost: $1,364 per year. Individual Qualifies for Spousal Discounts (standard health)

2008 Cost: $1,342 per year (1% increase)

Age 65
$100 Maximum Daily Benefit x 3 Year Benefit Period Cost: $2,028 per year. Individual is single (standard health)

2008 Cost: $1,999 per year (1% increase)

Age 65
$150 Maximum Daily Benefit x 3 Year Benefit Period Cost: $2,047 per year. Individual Qualifies for Spousal Discounts (standard health)

2008 Cost: $2,013 per year (2% increase)

Age 65
$150 Maximum Daily Benefit x 3 Year Benefit Period Cost: $3,042 per year. Individual is single (standard health)

2008 Cost: $2,998 per year (1% increase)

Age 65
$240 Maximum Daily Benefit x 3 Year Benefit Period Cost: $3,274 per year. Individual Qualifies for Spousal Discounts (standard health)

2008 Cost: $3,221 per year (2% increase)

Age 65
$240 Maximum Daily Benefit x 3 Year Benefit Period Cost: $4,867 per year. Individual is single (standard health)

2008 Cost: $4,729 per year (3% increase)

Useful Financial, Retirement and Personal Calculators Available on the Web
 
Family using web calculatorsThe Web has spawned many miracles, and one of them is the creation of online calculators that can give consumers answers to complex questions in seconds based on their specific circumstances. Want to know whether a traditional or a Roth IRA is better for you, how much life insurance you need, or what your life expectancy is? Here are links to a goldmine of useful online calculators from around the Web:
  • TimeValue Software offers a number of financial calculators. You can, for example, calculate whether to refinance your home, how long it will take to pay off a credit card, or how much your IRA will be worth at retirement. Meanwhile, CCH provides more than 100 calculators covering a variety of topics, including mortgages, debt, investments, retirement, taxes, savings, and insurance. Another site with several useful calculators is MyCalculators.com, which offers tools for retirement, savings and 401(k) calculations, among others.

  • If you want to know what your estate tax liability will be, this calculator from Dinkytown.net can help you figure that out. Calculators on this site can also help determine the balance of a reverse mortgage and calculate how much life insurance you need.

  • SmartMoney.com also has a calculator to help you assess your life insurance needs.

  • Met Life has a Social Security Decision Tool that uses graphics, charts and a simple questionnaire to spell out the implications of taking Social Security retirement benefits early as opposed to waiting until your full retirement age.

  • Living to 100 is an online quiz designed to calculate your life expectancy. After taking the quiz, you also can get tips and advice for improving your life expectancy.
Getting Cash From a Life Insurance Policy If You Are Terminally Ill

Business manUnfortunately, a diagnosis of a terminal illness often comes with many expenses. If you need money to pay for your medical care or comfort, you may be able to use your life insurance policy to get some immediate cash. "Viatical settlements" allow terminally ill individuals to sell their life insurance policies. Alternatively, some insurance companies allow you to receive an accelerated death benefit.

A viatical settlement is similar to a life settlement, but it is designed for individuals that are terminally ill. You sell your policy to a company, which then collects the death benefit when you die. Most companies require that you have owned your policy for at least two years, your beneficiaries sign a release or waiver, you have a life expectancy of anywhere from two to four years (depending on the company), and you allow the company access to your medical records.

A company will usually pay more than the cash surrender value, but less than the death benefit, although the exact price depends on a number of factors. In determining price, companies look at your life expectancy, how long you have had the policy, and the face value of the policy, among other things.

Rather than selling your policy, some insurance companies allow you to collect a portion of your death benefit before you die. This is called an accelerated death benefit. This option may be included as part of your policy or you may have to pay extra for it.

Accelerated death benefits are paid under certain circumstances, usually the onset of a terminal illness, the need for long-term care, or the diagnosis of a specified medical condition. The amount you can receive may be capped and you may be able to receive either a lump sum or monthly payments. Any remaining amount will go to your beneficiaries when you die.

Both viatical settlements and accelerated death benefits could have tax consequences and affect Medicaid planning. Before taking either option, you should consult with a qualified elder attorney.  

The Greatest Compliment ...
 
Thank You!We always appreciate referrals from our satisfied clients and business partners to friends, family members or business contacts. We welcome the opportunity to serve the people you care about. Click on the blue Forward Email at the bottom of the page to send this newsletter to someone who will benefit from our insights.

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,

 
 
EM & HSK 

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.

Elder Law Associates, P.A.
7000 W. Palmetto Park Road | Suite 205 | Boca Raton | FL | 33433
20801 Biscayne Blvd. | Suite 304 | Aventura | FL | 33180
777 South Flagler Drive| Suite 800 | West Palm Beach | FL | 33401
2843 Executive Park Drive | Weston | FL | 33331