STOP! DON'T DISINHERIT YOUR SPOUSE WHO NEEDS LONG TERM CARE

STOP! DON'T DISINHERIT YOUR SPOUSE JUST BECAUSE THEY REQUIRE LONG-TERM CARE

Today we see more chronic illnesses (i.e. Alzheimer's disease; Parkinson's disease; dementia) that are causing people to provide care or seek long-term care services for an incapacitated spouse.  Chronic illness can trigger the fear of impoverishment or the fear of outliving one's money.  When couples and families consider applying for Medicaid assistance it is not uncommon for them to think that the healthy spouse must disinherit the ill spouse.  Nothing is further from the truth.

Many years ago Florida passed the elective share law.  This means that you cannot disinherit your spouse (unless you have a pre-nuptial or post-nuptial agreement).  Your spouse is entitled to 30% of your assets.  If your spouse is seeking to qualify for Medicaid assistance it is important that your estate plan include a special needs trust to receive your spouse's inheritance.  That way if you pass away first your assets will not be distributed directly to the Medicaid spouse causing a loss of Medicaid due to excess resources.

The special needs trust will allow your spouse to continue to receive Medicaid and the trust assets can be used to provide your spouse with quality of care and quality of life.  The special needs trust assets can be used to purchase goods and services not covered by Medicaid such as: 

1. a private room
2. private duty nursing or, home health aide services
3. special equipment
4. additional therapies, and much more

The elective share special needs trust must be created in your Last Will & Testament while you are alive.  Remember that as a caregiver you need to take care of yourself. This includes making the time to have a qualified elder law attorney prepare your documents. Forbes magazine recently published an article on the importance of having proper legal documents. The National Academy of Elder Law Attorneys has compiled a list of the most important documents every person should have.  Click here to read the article.

 

    Our firm want to be Your Trusted Advisor Through Life sm.

 

Federal Rights for LGBTQ Are Advancing

                          Federal Rights for LGBTQ Are Advancing

  Attorney General Holder announced this week that more federal rights will be available to married same-sex couples (SSC) as a result of the Windsor decision.  Click here to watch Attorney General Holder's inspiring speech.  These new rights will include:

1. Services for LGBT survivors of abuse by their partner under the Violence Against Women Act
2. Stronger civil rights protections for those who are the victims of hate crimes simply because of their sexual orientation or gender identity (Matthew Shepard & James Byrd, Jr. Hate Crimes Prevention Act) 
3. Same sex spouses of individuals charged in a civil or criminal will have the right to refuse to testify under the marital privilege
4. Same sex couples are eligible to file jointly for bankruptcy
5. Federal inmates in same sex marriages are entitled to visitation with their spouse, escorted trips to attend a spouse's funeral, to receive correspondence from a spouse
6. Death benefits and educational benefits to surviving spouses of public safety officers (police, firefighters) who are killed in the line of duty.

     Attorney General Holder issued a written memorandum on February 17, 2014 detailing the new protections.  Stay tuned to my blog for updates.

     We want to be your Trusted Advisor Through Life.

Social Security Disability (SSDI) - Expedite Your Application

       

How To Obtain Expedited Approval of Your Social Security Disability Application

The Social Security Administration (SSA) may take a long time to process applications for disability benefits (SSDI) sometimes upward of one year.  The delay puts many people in financial hardship unable to pay their bills and help pay for medical care.  In order to qualify for SSDI benefits (a monthly cash benefit) a person must have:

• worked 40 quarters in the prior 10 years and
• have a qualifying disability (physical, cognitive, mental health) that prevents the person from being substantially gainfully employed and is expected to last 12 months or end in death.  Read more about how to apply online.

Now, the SSA has created 'compassionate allowances' that help to expedite obtaining approval for SSDI in limited situations.  'Compassionate allowances' are specific illnesses and conditions.  If an individual has a condition that is on the compassionate allowances list, the SSA can expedite the process so the individual can begin receiving benefits within days rather than months.    Click here to read the full list of compassionate allowances.

Some of the new conditions now qualifying for a compassionate allowance include: 

• prostate cancer
• angiosarcoma
• several types of cancers

 If you are diagnosed with a condition that prevents you from working, apply as soon as possible for SSDI.  You do not need an attorney to apply for SSDI. It is recommended that you seek advice from an attorney with social security law experience. If you are denied benefits  Furthermore, it is recommended that you create a legal plan that will allow someone you trust to make financial and medical decisions for you during your incapacity.

Your Trusted Advisor Through Life ^sm

 

Deadline Approaching for Gay Married Retired Military to Enroll In Survivor Benefit Plan

        
Deadline Approaching for Gay Married Retired Military to Enroll In Survivor Benefit Plan 

Retired and active military are entitled to designate their surviving spouse to receive the pension upon the veteran's death.  This is called the 'survivor benefit plan.' This benefit plan provides up to 55% of the veteran's pension and helps many widows and widowers avoid financial hardship.  As a result of the United States Supreme Court's ruling in Windsor (that the Defense of Marriage Act is unconstitutional), married gay retired military are entitled as of June 25, 2013 to this same federal benefit.  Please note that the decision only benefits married same sex couples.  Federal benefits are not available to LGBT couples who have entered into a civil union or, domestic partnership.

It is the responsibility of the retired military personnel to notify the Department of Defense and enroll in the Spousal Benefit Plan - it is not automatic. If the retired or active military person was married before June 25, 2013, then he/she must make the election by June 26, 2014. 

Congratulations to the Department of Defense for taking a lead role in providing equal benefits to married men and women in the military, and to their families. To read more about the Defense Finance and Accounting Service's new rules Click Here. To stay up to date on new developments for the LGBT community, read our blog and the Department of Defense releases.

We want to be Your Trusted Advisor Through Life. Visit our website www.fl-elderlaw.com to join our mailing list and receive our complimentary newsletter and timely tips.