Elder Care Archives - Sawyer & Sawyer

Jul 29

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Crisis Planning: Immediate Steps When Dementia Strikes a Parent

By Sawyer & Sawyer | Elder Care

Key Takeaways A dementia diagnosis does not automatically mean a parent has lost legal capacity — there may still be a window to get critical documents signed, but that window can close without warning. The two most dangerous mistakes families make right after a diagnosis are transferring assets impulsively to “hide” them and downloading generic legal documents from the internet that don’t meet Florida’s requirements. The durable power of attorney is the single most important document in any elder law or Medicaid crisis planning situation — without it, an attorney’s recommendations can be very limited.. Medicaid crisis planning is still possible even after a diagnosis — Florida offers meaningful options for both married couples and single individuals, but the right documents must be in place to implement them. Dementia patients are statistically the number one target for financial exploitation. Practical protective steps — online account monitoring, credit freezes, and regular…

Jul 29

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What to Do in the First Weeks After a Dementia Diagnosis

By Life, Legacy & Wealth | Elder Care, Elder Fraud

A dementia or Alzheimer’s diagnosis brings a specific kind of fear into a family, fear about the parent’s health, and fear about decisions nobody has made yet. Attorney Cary Moss sees this fear walk through her office door every week. Her first job is rarely legal. It’s calming people down enough to start making decisions. The Diagnosis Alone Doesn’t Decide Legal Capacity A cognitive decline diagnosis by itself doesn’t prove someone can’t make decisions. Capacity exists on a spectrum, and someone in the early stages of dementia may still understand what a legal document does, who they’re naming, and what authority they’re handing over. Cary Moss meets with clients alone, without family in the room, specifically because someone else’s answers can mask what the client actually understands. If she’s uncertain, she’ll ask for a letter from the person’s doctor before moving forward. The diagnosis opens a conversation. It doesn’t decide…

Mar 02

2

How to Protect Your Assets from Florida Nursing Home Costs

By Sawyer & Sawyer | Elder Care, Medicaid, Nursing Home

A Conversation with Elder Law Attorney Cary Moss of Sawyer & Sawyer, P.A. Key Takeaways Medicare does NOT cover long-term nursing home care — Medicaid does, if you qualify. These are two very different programs with very different rules. Florida nursing home costs range from $10,000 to $18,000 per month. Without planning, these costs can devastate a family’s finances. Many assets are already exempt under Florida Medicaid rules — including your home, retirement accounts, and your car — which means most people have more options than they realize. Medicaid planning mistakes (such as giving money to children, adding them to accounts, or acting on advice from other states) can make things significantly worse. Work with a Florida elder law attorney. It is almost never too late to do something. Even in a crisis, a comprehensive Durable Power of Attorney unlocks powerful legal options to protect your assets. Introduction Few…

Sep 28

5

Medicare Open Enrollment Starts Oct 15

By Sawyer & Sawyer | Elder Care, Medicare

Is It Time to Change Plans? Medicare's Open Enrollment Period During Medicare's Open Enrollment Period, you can freely enroll in or switch plans, from October 15 to December 7. Now...

Jul 23

3

Will Medicare Cover a Coronavirus Vaccine?

By Sawyer & Sawyer | Elder Care, FAQ, Medicare

With the coronavirus pandemic responsible for more than a hundred thousand deaths and disrupting life across the United States, the only way for the country to return to normal is an effective vaccine. When a vaccine is available, Medicare will cover the cost. Medicare covers vaccines in a variety of ways, depending on the vaccine. It may be through Medicare Part B, Medicare Part D, or a Medicare Advantage plan if you are enrolled in one. Part B covers vaccines only for certain illnesses: flu, pneumonia, and Hepatitis B (if you are at medium or high risk). Medicare covers 100 percent of the cost of these vaccines if you go to an approved provider, and you do not have to pay a deductible or coinsurance. Medicare Advantage is also required to provide these vaccines at no additional costs. Part B also covers vaccines if you are exposed to a dangerous virus…

Jul 20

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When Buying a Medigap Policy, It Really Pays to Shop Around

By Sawyer & Sawyer | Elder Care, Medicare

Medigap policies that supplement Medicare’s basic coverage can cost vastly different amounts, depending on the company selling the policy, according to a new study. The findings highlight the importance of shopping around before purchasing a policy. When you first become eligible for Medicare, you may purchase a Medigap policy from a private insurer to supplement Medicare’s coverage and plug some or virtually all of Medicare’s coverage gaps. You can currently choose one of eight Medigap plans that are identified by letters A, B, D, G, K, L, M, and N (If you were eligible for Medicare before January 1, 2020, but not enrolled, you may also be able to purchase Plans C and F, but those plans are no longer available to people who are newly eligible for Medicare). Each plan package offers a different menu of benefits, allowing purchasers to choose the combination that is right for them. While…

Jun 18

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Four Ways the Coronavirus Pandemic May Affect Long-Term Care Insurance

By Sawyer & Sawyer | Elder Care, Estate Planning

The coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. This has raised questions about how the virus has influenced the costs and provision of long-term care insurance, which covers care in facilities and sometimes at home as well. If you have a long-term care insurance policy, you may wonder how it is affected by the pandemic. If you don’t have a policy, you may wonder if the pandemic will make it more difficult to get one. An article by US News and World Report, examines issues with long-term care insurance that have arisen in the last few months, including the following: Qualifying for insurance. It is already more difficult to qualify for long-term care insurance the older you get. Because older individuals are at a higher risk for coronavirus, this can affect your long-term care application as well….

May 29

5

Yes, You Can Receive Unemployment and Social Security at the Same Time

By Sawyer & Sawyer | Elder Care, Estate Planning

The COVID-19 pandemic has sent unemployment to its highest levels since the Great Depression, and older workers have been particularly hard hit, with one in five over age 55 now out of work, according to one estimate. Many people continue to work beyond retirement age, either by choice or out of necessity, at the same time that they receive Social Security benefits. Other older workers are now being forced to take their benefits early after losing their jobs (although doing so permanently reduces the amount beneficiaries can receive). If you are already receiving Social Security, are you also eligible for full unemployment benefits? Until recently, the answer was not necessarily. Many states reduced unemployment benefits of those receiving Social Security retirement benefits by up to 50 percent, something called the “Social Security offset.” But after AARP and the National Unemployment Law Project pushed to have these laws overturned, this is…

May 27

5

Seniors Affected by the Coronavirus Pandemic Have More Time to Apply for Medicare or Change Plans

By Sawyer & Sawyer | Elder Care, Legal info, Medicare

The closure of Social Security offices has caused problems and worries for recently unemployed seniors who need to apply for Medicare after losing their employer coverage. In response, the federal government has announced that seniors affected by the crisis have additional time to enroll in Medicare or change plans. With millions of people out of work and losing their employer health insurance due to the Coronavirus pandemic, the need for Medicare coverage is critical. While it is possible for some seniors to apply for Medicare online, others need to provide more information, including individuals who did not sign up for Medicare Part B initially because they had health insurance through an employer. Seniors who are applying for Medicare Part B after losing their job need to provide proof of their employer policy along with their Medicare application to ensure they aren’t subject to substantial penalties. With Social Security offices closed,…

May 04

6

Should Seniors Who Lose Their Job During the Coronavirus Pandemic Claim Social Security Benefits Early?

By Sawyer & Sawyer | Elder Care, Estate Planning, Legal info

In the wake of the Coronavirus pandemic, unemployment is skyrocketing. Seniors who lose their jobs may be tempted to claim Social Security benefits early, but should they, given the resulting reduction in future benefits? The answer depends on your situation, but you may be able to claim and not sacrifice much in terms of future benefits. While you can claim Social Security benefits as early as age 62, the better financial decision is usually to wait to take benefits as long as you are able. If you take Social Security between age 62 and your full retirement age, your benefits will be permanently reduced to account for the longer period you will be paid. Individuals who file at age 62 this year will receive 72 percent of their full benefit. On the other hand, if you delay taking retirement beyond your full retirement age, depending on when you were born,…