Posts Tagged ‘elderlaw’
Thursday, November 5th, 2009 by Moore McLaughlin
As Jill E. Sugarman, Esq., managing attorney for McLaughlin & Quinn, LLC’s Law For Life elderlaw practice can attest, price rollbacks throughout the U.S. economy during the past year did not apply to long-term care service providers. According to the 2009 MetLife Market Survey of Nursing Home, Assisted Living, Adult Day Services, and Home Care Costs, private room nursing home rates rose 3.3 percent to $79,935 a year or $219 a day, while assisted living also climbed 3.3 percent on average to $37,572 a year or $3,131 a month.
Home health care aides now cost an average of $21 per hour, a 5 percent jump, and adult day care services now average $67 per day, a 4.7 percent increase over 2008.
The survey also reports on the cost of a semi-private room in a nursing home, which increased 4 percent to $198 a day, or $72,270 a year. The cost of a semi-private room in an Alzheimer’s wing averages $75,920 annually.
Once again, the highest rates for a private nursing home room in 2009 were found in Alaska, where the cost is $584 a day on average. The lowest rates were found in Louisiana (with the exception of Baton Rouge and the Shreveport area), at $132 a day.
The cost of assisted living was the highest in Wilmington, Delaware, at $5,219 a month and the lowest in North Dakota at $2,014 a month. Home health care aide services ranged from a high of $30 an hour in Rochester, Minnesota, to $13 and hour in the Shreveport area. Adult day care services were highest in Vermont at an average $150 a day and lowest in the Montgomery, Alabama, area, at $27 a day.
For the full 2009 report, including listings of average long-term care costs in selected cities, click here.
For more information on how to pay for nursing home care, contact Jill E. Sugarman, Esq. at 401-421-5115 or by e-mail at jsugarman@mclaughlinquinn.com.
Tags: assisted living facilities, cost of nursing homes, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, mclaughlin & quinn, Medicaid, Medicaid planning, nursing homes, Providence, Rhode Island, seniors
Posted in Asset Protection Planning, Current Events, Elderlaw/Law For Life, Estate Planning
Saturday, October 24th, 2009 by Moore McLaughlin
Everyone has heard the terms “will” and “trust,” but not everyone knows the differences between the two. Jill E. Sugarman, attorney at McLaughlin & Quinn, LLC’s Law For Life elderlaw practice deals with this confusion and explains both to clients every day. Both wills and trusts are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan.
One main difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it. A will is a document that directs who will receive your property at your death and it appoints a legal representative to carry out your wishes. By contrast, a trust can be used to begin distributing property before death, at death or afterwards. A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a “trustee,” holds legal title to property for another person, called a “beneficiary.” A trust usually has two types of beneficiaries one set that receives income from the trust during their lives and another set that receives whatever is left over after the first set of beneficiaries dies.
A will covers any property that is only in your name when you die. It does not cover property held in joint tenancy or in a trust. A trust, on the other hand, covers only property that has been transferred to the trust. In order for property to be included in a trust, it must be put in the name of the trust.
Another difference between a will and a trust is that a will passes through probate. That means a court oversees the administration of the will and ensures the will is valid and the property gets distributed the way the deceased wanted. A trust passes outside of probate, so a court does not need to oversee the process, which can save time and money. Unlike a will, which becomes part of the public record, a trust can remain private.
Wills and trusts each have their advantages and disadvantages. For example, a will allows you to name a guardian for children and to specify funeral arrangements, while a trust does not. On the other hand, a trust can be used to plan for disability or to provide savings on taxes.
The attorneys at McLaughlin & Quinn, LLC can tell you how best to use a will and a trust in your estate plan. Contact Jill E. Sugarman, Esq. by e-mail at jsugarman@mclaughlinquinn.com or Moore McLaughlin, Esq. at mmclaughlin@mclaughlinquinn.com to learn more about the proper uses of wills and trusts.
Tags: beneficiary, elder law, elderlaw, Elderlaw/Law For Life, estate, Estate Planning, Jill Sugarman, mclaughlin & quinn, Moore McLaughlin, probate, Providence, Rhode Island, trust, trustee, will
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Saturday, October 10th, 2009 by Moore McLaughlin
Caring for a family member is hard work, and without support, caregivers can easily get burnt out or overwhelmed. However, there is help available for caregivers if they know where to look. The National Family Caregiver Support Program is a federal initiative that provides money to states to fund programs that support family caregivers. The goal is to help caregivers care for seniors at home for as long as possible.
The National Family Caregivers Support Program supports family caregivers of adults aged 60 or older or anyone with Alzheimer’s disease. It also funds services to grandparents and relative caregivers, age 55 or older, of children 18 years of age or under or who care for a relative with a disability age 19 to 59.
Under the program, states must provide the following five types of services:
- Information about available services
- Assistance in accessing services
- Counseling, support groups, and training
- Respite care for the caregiver, which could be through companions, home health aides, adult day care, or in-facility care
- Supplemental services, such as medical supplies, home safety aides, legal assistance, and financial consultation
The exact services vary from state to state, but caregivers can receive anything from training seminars to case management to home-delivered meals. The services provided are supposed to make daily tasks and routines a little easier.
Click here for more information about these services in Rhode Island.
Click here for more information about these services in Massachusetts.
Or, contact Law for Life attorney Jill E. Sugarman by e-mail at jsugarman@mclaughlinquinn.com or by phone at 401-421-5115, for more information.
Tags: assisted living facilities, caregiver, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, long-term care insurance, Massachusetts, mclaughlin & quinn, National Family Caregiver Support Program, nursing homes, Providence, Rhode Island, seniors, veterans
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Wednesday, October 7th, 2009 by Moore McLaughlin
IRS has released a revised Form 706 for use by estates of decedents dying after December 31, 2008 and before January 1, 2010. Changes reflected in the revision include some law and indexing changes. The revision makes no mention of next year’s scheduled repeal of the estate tax.
Items reflected on the revised form. The instructions stress that this revision is to be used only for decedents dying in calendar year 2009. They also note these changes:
- The applicable exclusion amount for estates of decedents dying in calendar year 2009 is $3.5 million.
- Various dollar amounts and limitations relevant to Form 706 are indexed for inflation. For decedents dying in 2009, the following amounts have increased: (a) the ceiling on special-use valuation is $1 million; and (b) the amount used in computing the 2% portion of estate tax payable in installments is $1.33 million. IRS says it will publish amounts for future years in an annual revenue procedure.
Reminder. The instructions also point out that, in 2008, IRS added a worksheet to help executors figure how much of the estate tax may be paid in installments under Code Sec. 6166.
Which estates must file. For decedents dying in 2009, Form 706 must be filed by the executor for the estate of every U.S. citizen or resident whose gross estate, plus adjusted taxable gifts and specific exemption, is more than $3.5 million.
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Tags: elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Estate tax, Form 706, Gift tax, internal revenue code, IRS, Jill Sugarman, mclaughlin & quinn, Moore McLaughlin, tax, Tax planning
Posted in Asset Protection Planning, Current Events, Elderlaw/Law For Life, Estate Planning, Tax Current Events and News, Tax planning
Sunday, September 27th, 2009 by Moore McLaughlin
Please join Law For Life attorney Jill E. Sugarman on Wednesday, October 7, 2009 at noon for a free education seminar on issues affecting seniors and their families. Jill will be joined by panel of experts, including Cindy Christopher of The Washington Trust Company, Joseph Sanita of the North Providence Police Department, and Bob Weber, President of Comfort Keepers in-home non-medical care.
The panel will discuss these important issues at noon on October 7 at Lancelotta’s, 1113 Charles Street, North Providence where a light luncheon will be served.
Click here for more information or call Cindy Christopher at 401-487-1004 by September 30.
Tags: assisted living facilities, Comfort Keepers, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, free seminar, Jill Sugarman, Lancelotta's, Long-term care, long-term care insurance, mclaughlin & quinn, North Providence Police Department, nurses, Providence, reverse mortgage, Rhode Island, Seminar, seniors, social security, veterans, Washington Trust Company
Posted in Asset Protection Planning, Current Events, Elderlaw/Law For Life, Estate Planning, McLaughlin & Quinn News, Seminars
Wednesday, September 16th, 2009 by Moore McLaughlin
Please join Law For Life attorney Stefanie D. Howell, from McLaughlin & Quinn, LLC for a seminar discussing the how to navigate health insurance
in retirement; long-term care and dependent care; understanding social security; using reverse mortgage to improve financial stability and; estate planning.
Jewish Community Center of RI
401 Elmgrove Ave., Providence, RI
Call 401/331-1244 to reserve your place
Click here for more details.
Tags: Asset Protection Planning, assisted living facilities, elder law, elderlaw, Elderlaw/Law For Life, Esq., Estate Planning, Jewish Community Center of RI, Long-term care, long-term care insurance, mclaughlin & quinn, nurses, nursing homes, Providence, retirement planning, reverse mortgage, Rhode Island, seniors, social security, Stefanie D. Howell, veterans
Posted in Asset Protection Planning, Current Events, Elderlaw/Law For Life, Estate Planning, McLaughlin & Quinn News, Seminars
Saturday, September 12th, 2009 by Moore McLaughlin
Please join Law For Life Attorney Jill E. Sugarman, from McLaughlin & Quinn, LLC for a seminar discussing the legal aspects of moving a parent into a child’s home. This must-see seminar will be held on Thursday, September 17, 2009 at the East Smithfield Public Library at 50 Esmond Street, Smithfield, Rhode Island at 6 p.m. Click here for more details.
Joining Jill will be:
Jean Allard, Vice President/Sales Associate at Keystone Real Estate Group
Tuie Mellor, RN/Home Health Liason Nurse, Life Care at Home
Steve St. Onge, CGR, CAPS, President, Rhode Island Kitchen and Bath
Joe Parente, Registered Financial Representative, Lighthouse Financial Group/Metlife
Valerie Topp, Chief Operating Officer, Home Instead Senior Care
Call 401-667-2923 to reserve your place for this important event. If you are unable to attend, but would like more information, contact Jill E. Sugarman, Esq. at 401-421-5115 or by e-mail at jsugarman@mclaughlinquinn.com. This event is open to everyone.
Tags: assisted living facilities, East Smithfield Public Library, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Home Instead Senior Care, Jean Allard, Jill Sugarman, Joe Parente, Keystone Real Estate Group, Life Care at Home, Lighthouse Financial Group/Metlife, mclaughlin & quinn, nurses, nursing homes, Providence, Rhode Island, Rhode Island Kitchen and Bath, Seminar, seniors, Steve St. Onge, Tuie Mellor, Valerie Todd, veterans
Posted in Asset Protection Planning, Current Events, Elderlaw/Law For Life, Estate Planning, McLaughlin & Quinn News, Seminars
Saturday, August 29th, 2009 by Moore McLaughlin
Siblings 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. The elderlaw attorneys at McLaughlin & Quinn, LLC’s Law For Life have seen too often the problems that result from children receiving unequal shares.
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.
The elder law attorneys at McLaughlin & Quinn, LLC’s Law For Life can help you ensure your estate is divided the way you intend. For more information, please contact Jill E. Sugarman, Esq. by phone at 401-421-5115 or by e-mail at jsugarman@mclaughlinquinn.com.
Tags: caregiver, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, family harmony, Jill Sugarman, joint account, mclaughlin & quinn, POD account, probate, Providence, Rhode Island, Unequal shares, wills
Posted in Elderlaw/Law For Life, Estate Planning
Monday, August 10th, 2009 by Moore McLaughlin
The attorneys at McLaughlin & Quinn, LLC’s Law For Life constantly strive to provide the greatest amount of relevant information to Rhode Island’s seniors and their caregivers. The following are several links to various governmental websites that can be accessed to learn more about issues affecting seniors. Bookmark this post as a reference tool. Also, look at the Resources section of the McLaughlin & Quinn, LLC website for even more links. As always, feel free to contact Attorney Jill E. Sugarman, Managing Attorney of McLaughlin & Quinn, LLC’s Law For Life with any questions you may have.
Department of Health and Human Serivces Adminstration on Aging
Administration on Aging Elder Rights Protection
Consumer Protection for Seniors
Financial Crimes Against the Elderly
National Long-Term Care Ombudsman Resource Center
Rhode Island Department of Human Services – Services for Elderly Rhode Islanders
Rhode Island Department of Human Services – Division of Veterans Affairs
You may reach Jill E. Sugarman, Esq. at 401-421-5115 or by e-mail at jsugarman@mclaughlinquinn.com.
Tags: assisted living facilities, caregivers, Department of Health and Human Services, Division of Veterans Affairs, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, Long-term care, mclaughlin & quinn, Medicaid, Medicaid planning, Medicare, nurses, nursing homes, Providence, Rhode Island, Rhode Island Department of Human Services, seniors, veterans, Veterans Affairs
Posted in Asset Protection Planning, Elderlaw/Law For Life, Estate Planning
Sunday, August 2nd, 2009 by Moore McLaughlin
Several bills have been introduced in the United States Congress that are intended to help seniors in a variety of ways. The following is a list of some of the more prominent bills that have been introduced.
H. R. 3040
Senior Financial Empowerment Act of 2009
To prevent mail, telemarketing, and Internet fraud targeting seniors in the United States, to promote efforts to increase public awareness of the enormous impact that mail, telemarketing, and Internet fraud have on seniors, to educate the public, seniors, their families, and their caregivers about how to identify and combat fraudulent activity, and for other purposes. Click here for full text of bill.
H. R. 3098
Caring for an Aging America Act of 2009
To amend the Public Health Service Act to attract and retain trained health care professionals and direct care workers dedicated to providing quality care to the growing population of older Americans. Click here for full text of bill.
H. R. 2987
La Cura Act of 2009
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Tags: Congress, elder law, elderlaw, Elderlaw/Law For Life, Estate Planning, Jill Sugarman, legislation, mclaughlin & quinn, nurses, nursing homes, Providence, Rhode Island, seniors, United States Congress
Posted in Elderlaw/Law For Life, Estate Planning