Archive for the ‘Elderlaw/Law For Life’ Category
Tuesday, July 14th, 2009 by Moore McLaughlin
President Barack Obama has given his support to a proposal for new national long-term care insurance program that would offer basic help for the elderly and disabled. The President’s support could be key to making long-term care coverage a part of the final health reform legislation.
Proposed by Sen. Edward M. Kennedy (D-MA) as part of his health care reform bill, the plan would set up a new, voluntary social insurance program to help people insure against the high costs of long-term care. Americans would pay a premium of roughly $65 per month, although the Congressional Budget Office has said the premium could end up being as much as $110 a month — still far less than the typical cost of private long-term care insurance. After participants had contributed for at least five years, they would be eligible for a benefit of not less than $50 a day to cover long-term care costs.
While the benefit is modest compared to the average cost of nursing home care, it could be used instead to pay for a range of services that would help people remain in their homes. All working Americans would automatically be enrolled in Kennedy’s plan, known as the Community Living Assistance Services and Supports (CLASS) Act, but they could choose to opt out. Students and the poor would pay only $5 a month.
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Tags: asset protection, Asset Protection Planning, assisted living facilities, CLASS Act, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, long-term care insurance, mclaughlin & quinn, nursing homes, Providence, Rhode Island, Sen. Edward M. Kennedy, seniors
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Tuesday, July 7th, 2009 by Moore McLaughlin
As the economy has slowed and housing values have dropped, reverse mortgages have become even more attractive to seniors looking for ways to use the equity in their homes without moving. But a new study by the Government Accountability Office (GAO) raises concerns about the adequacy of consumer protections for reverse mortgage borrowers, who are sometimes subjected to misleading marketing and inappropriate cross-selling of other financial products that may be unsuitable for them.
A reverse mortgage allows homeowners 62 or older to convert the equity in their home to a flexible cash advance that does not have to be repaid until the homeowner moves, sells, or dies. Almost all reverse mortgages are made under the Home Equity Conversion Mortgage (HECM) program, which is administered by the Department of Housing and Urban Development (HUD). In the first quarter of 2009, HUD backed about $7.8 billion worth of reverse mortgages, the largest amount in any quarter since the agency launched the program in 1988, the Washington Post reports.
While reverse mortgages look like no-lose propositions at first glance, they are complex products that have significant downsides for some. For example, these loans carry large insurance and origination costs, they may affect eligibility for government benefits like Medicaid, and they are not ideal for parents whose major objective is to safeguard an inheritance for their children.
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Tags: elder law, elderlaw, Elderlaw/Law For Life, GAO, Government Accountability Office, Jill Sugarman, mclaughlin & quinn, Providence, reverse mortgage, Rhode Island, seniors, Washington Post
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Tuesday, July 7th, 2009 by Moore McLaughlin
The Centers for Medicare & Medicaid Services (CMS) recently issued new guidance for nursing home surveyors (inspectors), further defining and clarifying several important dimensions of care to help improve nursing home residents’ quality of life and environment. Click here for press release.
Click here for full article in the Providence Business News.
Jill E. Sugarman, Esq., managing attorney of McLaughlin & Quinn’s Law For Life states that this new guidance will encourage facilities to adopt policies and procedures that will benefit all nursing home residents in many ways. She has seen many nursing homes in Rhode Island already adopting many of these ideas. For more information on nursing homes and other elder law questions, contact Jill at 401-421-5115 ext 215 or by e-mail at jsugarman@mclaughlinquinn.com.
Tags: assisted living facilities, Centers for Medicare & Medicaid Services, CMS, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, mclaughlin & quinn, nurses, nursing homes, Providence, Rhode Island
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Monday, July 6th, 2009 by Moore McLaughlin
Although you can begin receiving Social Security benefits anytime after age 62, the longer you wait, the higher the benefit you will receive. The attorneys at McLaughlin & Quinn’s Law For Life see many situations where 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.
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Tags: Boston College, Center for Retirement Research at Boston College, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, Providence, retirement benefits, Rhode Island, social security
Posted in Elderlaw/Law For Life, Estate Planning
Monday, June 29th, 2009 by Moore McLaughlin
The attorneys at McLaughlin & Quinn’s Law For Life often hear stories about hospitals giving patients a health care proxy form to sign on being admitted. While it might seem easy to sign a generic health care proxy form, Attorney Jill E. Sugarman suggests that having a document specifically tailored to your needs is vital.
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.
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Tags: asset protection, assisted living facilities, durable power of attorney, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, health care power of attorney, health care proxy, hospital, Jill Sugarman, mclaughlin & quinn, nursing homes, power of attorney, Providence, Rhode Island
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Monday, June 22nd, 2009 by Moore McLaughlin
Price and complexity are major deterrents to purchasing long-term care insurance, according to a new report by the Kaiser Commission on Medicaid and the Uninsured. The report, Closing the Long-Term Care Funding Gap: The Challenge of Private Long-Term Care Insurance, describes the results of a study of who is purchasing policies, how much they cost, and what features are included.
While long-term care insurance could potentially benefit middle-income individuals the most, current purchasers of insurance have above-average income and assets. People who shop for long-term care insurance and decide not to buy cite cost as the main reason. In 2008, annual premiums for a typical policy for a 60-year-old averaged $2,329 for an individual and $3,096 for a couple. For a 70-year-old, premiums averaged $4,515 for an individual and $6,010 for a couple.
Policy options for this type of insurance are quite complex, and when purchasing a plan consumers have to sort through many different options and insurers. Policies differ in what they cover, the daily benefit, the benefit period, and the waiting period before benefits start, among other things. According to the study, the most popular type of plan is one that pays for a comprehensive array of services with coverage amounts of up to $150 a day for 3 to 5 years, a waiting period of around 90 days, and automatic compound inflation protection of 5 percent. Lower-income purchasers tended to have lower coverage amounts and smaller benefit periods as well as less inflation protection. The study relied on expert interviews, the collection of 2008 premium data from three major insurers, and a literature review.
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Tags: asset protection, Asset Protection Planning, assisted living facilities, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, Moore McLaughlin, nurses, nursing homes, Providence, Rhode Island
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning, Tax planning
Sunday, May 31st, 2009 by Moore McLaughlin
The Centers for Medicare and Medicaid Services (CMS), in December 2008, started ranking nursing home facilities based on government inspection results, staffing data and quality measures. The rankings are based on a five-star system and rank over 16,000 nursing homes in the U.S. A search of the state of Rhode Island nursing homes turns up 86 nursing homes. Click here for the rankings.
Jill E. Sugarman, Esq. at McLaughlin & Quinn, LLC’s Law For Life focuses much of her time on assisting seniors and their families with their legal issues, including nursing home issues, such as Medicaid applications. Jill is also associated with many other providers of services to seniors. Jill makes many visits to nursing homes and other assisted-living facilities in Rhode Island, meeting with clients as well as the individuals who operate and manage these facilities. Jill’s personal assessment is that most of the facilities in Rhode Island are excellent. Of course, as in any line of business, some will be better than others.
The attorneys at Law For Life are often asked to recommend a nursing home, assisted living facility or other type of out-of-home or home-based care. We work closely with several professionals who devote their entire business to helping families with these decisions and we would certainly be pleased to make an introduction. But having a ranking system by the CMS based on actual data is certainly helpful. Like any data-based ranking, remember that some data may be subjective, some may be incorrect, and some may be outdated. However, I feel that this website should be either a starting place or a supplement to all of the other efforts families will make in choosing a nursing home or assisted living facility for their loved ones.
For more information about the legal services that are provided by the attorneys at McLaughlin & Quinn, LLC’s Law For Life, click here. Be sure to check out our website in the near future as we start listing some of the preferred providers of senior services with whom we work.
Tags: assisted living facilities, Centers for Medicare and Medicaid Services, elder law, elderlaw, Elderlaw/Law For Life, Esq., Estate Planning, Jill E. Sugarman, Jill Sugarman, mclaughlin & quinn, nursing homes, Providence, Rhode Island, Rhode Island assisted living facilities, Rhode Island nursing homes, seniors
Posted in Elderlaw/Law For Life, Estate Planning
Sunday, May 24th, 2009 by Moore McLaughlin
Memorial Day is the day that Americans remember those who have served our country in the various branches of the military and especially those who have given the ultimate sacrifice for us and all generations of Americans. As gratitude for their service, our veterans receive various forms of benefits, both during and after service. Most would probably agree that whatever benefits our veterans may receive, they do not equal the sacrifices made. 
One benefit offered to veterans through the Veterans Administration is a special pension with aid and attendance (A&A). Sadly, many veterans and their loved ones don’t even know about this benefit. This special pension allows for Veterans and surviving spouses who require the regular attendance of another person to assist in eating, bathing, dressing, undressing or taking care of the needs of nature to receive additional monetary benefits. It also includes individuals who are blind or a patient in a nursing home because of mental or physical incapacity. Assisted care in an assisted living facility also qualifies.
As the years go by, more and more veterans need greater levels of care for assistance with their daily activities. Our Law For Life elder law attorneys, Jill Sugarman and Stefanie Howell, are seeing a significant increase in veterans entering nursing home or needs in-home care. Determining whether a particular person qualifies for these benefits may require technical knowledge of the rules and regulations. Our attorneys make every effort to stay current in order to provide the highest level of service to all of our clients, especially veterans.
If you or a family member is a veteran and is facing medical issues, you should seek out competant advice to secure the greatest benefits available, whether through our Law For Life attorneys or elsewhere.
You can visit the official website of the Veterans Administration by clicking here, or another very helpful non-profit website VeteranAid.org by clicking here.
Tags: A&A, aid, aid and attendance, asset protection, assisted living facilities, department of veterans affairs, elder law, elderlaw, Massachusetts, Memorial Day, nursing homes, Providence, Rhode Island, RI, VA, veterans, veterans administration, veterans benefits, veterans pension
Posted in Asset Protection Planning, Elderlaw/Law For Life
Friday, May 15th, 2009 by Moore McLaughlin
Nurses in this country are the backbone of our healthcare system. Too often they don’t get the respect they deserve. Not this week. May 6 
through May 12 is National Nurses Week. National Nurses Week traces it history back to 1953 when Dorothy Sutherland of the U.S. Department of Health, Education, and Welfare sent a proposal to President Eisenhower to proclaim a “Nurse Day” in October of the following year. The proclamation was never made. Through the years various actions were taken, culminating in 1982 when President Ronald Reagan signed a proclamation on March 25, proclaiming “National Recognition Day for Nurses” to be May 6, 1982. In 1993 the Board of Directors of the American Nurses Association designated May 6 – 12 as permanent dates to observe National Nurses Week in 1994 and in all subsequent years. May 12 is a date if significant importance – Florence Nightingale’s birthday.
Did You Know –
- There are nearly 2.9 million registered nurses in the United States.
- And, 2.4 million of them are actively employed.
- The American Nurses Association was founded in 1896
- Research indicates that advanced practice registered nurses can provide 60 to 80 percent of primary care services as well as or better than physicians and at a lesser cost.
- The January 5, 2000, edition of the Journal of the American Medical Association (JAMA) reported the results of a study which revealed patients fared just as well when treated by nurse practitioners as they did when treated by physicians.
The attorneys at McLaughlin & Quinn’s Law For Life elderlaw practice frequently hear stories about the wonderful treatment and loving care provided to our elder clients by various nurses. In particular, many of the nurses working in the nursing homes, assisted living facilities and other venues where seniors are treated provide services to the seniors above and beyond the average level of treatment.
For those of you with family members being treated and cared for by nurses, be sure to say a special thanks this week. And, from the attorneys and staff at McLaughlin & Quinn, LLC, Thank You.
Tags: Asset Protection Planning, assisted living facilities, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, Massachusetts, Moore McLaughlin, nurses, nursing homes, Providence, Rhode Island
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Friday, May 15th, 2009 by Moore McLaughlin
We are starting to see more and more on-line legal document preparation services, such as LegalZoom.com. The theory behind these start ups is that basic estate planning is a commodity and you don’t need a lawyer to do it. This theory couldn’t be more wrong, although it has a certain populist appeal.
Preparing legal documents, especially documents as important as wills, trusts and other estate planning documents, should be handled by lawyers trained and experienced in such areas of expertise. My guess is that people who choose on-line legal document preparation services do so for a variety of reasons. Chief among these reasons is probably a perceived cost savings. While it is possible for a person to save money up front by using one of these services, the long-term costs could far outweigh the up front savings. Furthermore, it is quite possible that there is no up front savings, depending upon the fees charged by the on-line service compared to the fees charged by a competent attorney. The long-term costs of poorly drafted documents or documents that don’t actually accomplish your needs can be much more than money. Failure to appoint a guardian in your will could result in your minor children being raised by some one other than who you would choose.
Another reason a person may choose an on-line legal document preparation service is for convenience. What’s better than making significant financial, medical and legal decisions from the comfort of your own living room? We find, however, that a visit to an attorney’s office helps focus on the importance of the decisions being made and requires our clients to put in a certain amount of thought before making these lifelong decisions. Besides, most basic estate plans require only two, sometimes three, meetings.
A major benefit of using a competent estate planning attorney is that they ask all of the right questions, and collect all of the relevant information, before deciding not only which documents are appropriate, but what terms and provisions should be included in those documents. Estate planning attorneys rely on many years of experience of assisting clients, having seen many similar cases. This experience helps us help you make important decisions. We then prepare the documents based on your goals and desires.
These on-line legal document preparation services walk a fine line as to whether they are engaged in the unauthorized practice of law. They will certainly claim that they are not engaged in the practice of law. That statement in and of itself should give you pause. Do you want your legal documents prepared by an on-line company who professes not to be practicing law? Remember, there is often no second chance. Once you are dead or permanently incapacitated, your documents cannot be changed.
Lastly, you run a risk when you use an on-line legal document preparation service that the documents you use are not state-specific. An estate planning attorney licensed to practice law in a specific state knows the particular laws that will apply to you. Laws vary from state to state. As a result, using documents that fail to address a specific state law or issue could result in an outcome very different from what you intended.
The internet has brought us many wonderful things. On-line legal document preparation services is not one of them. I recommend using the services of an experienced estate planning attorney. You will be better served in the long run. So will your family.
Tags: Add new tag, asset protection, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, Massachusetts, mclaughlin & quinn, Moore McLaughlin, nursing homes, Providence, Rhode Island, Tax planning
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning, Tax planning