Gainesville Florida Estate Planning & Elder Law Blog

We have asked that question many times here in these articles, and it’s a common query whenever we have the opportunity to speak to local groups.

It is startling to hear the response. Most of the people we talk to don’t have a will. And that corresponds with a number of national surveys, including one report released in the last few days by California-based Caring.com.
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If you have a child with intellectual disabilities, it is extremely important that you have your child IQ tested before age 18.

This is not suggested for any frivolous reason. If your child has a recognized intellectual disability, he or she may be eligible for a Medicaid waiver. That would allow your special-needs child to receive community-based assistance and likely avoid institutional living. But securing that waiver is not easy because there is a long waiting list, and it could take several years to get to the top unless there is a crisis.
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The most important person when it comes to caring for an elderly family member is the primary caregiver. In many cases, if the primary caregiver becomes unable to continue in that role, the whole system falls apart.

Surveys by both AARP and the National Alliance for Caregiving indicate that the most typical family caregiver is a woman just under 50 years old, who is caring for an older relative.  Approximately one-third of primary caregivers have full-time jobs and another 25 percent have part-time jobs.  Most say they provided at least 20 or more hours a week caregiving.
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A recent study done by researchers at the Harvard Medical School and the Dana-Farber Cancer Institute in Boston came up with some interesting but not very surprising results. Families are more satisfied with end-of-life care and treatment when it includes hospice.

The good news for those dealing with older loved ones with end-of-life-care issues is that we are blessed to have excellent hospice care in our community.

Nearly 2,000 family members who had loved ones pass away from cancer-related illness participated in the research survey. Half of them had family members who received hospice care.
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Are you thinking that 2017 may be the year of your retirement? If you are somewhere between 65 and 70, that may be the right decision. But if you’re closer to 62, you may want to consider your options.

You can retire at 62 and start to receive benefits from Social Security. But those benefits will be less than they would be if you wait a few years. And those lower benefits are permanent.
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We’re always looking for ways to live healthier and longer. Results of a European study that were released recently indicate one way to live longer is to help raise grandchildren.

The study was conducted between 1990 and 2009 and included 500 people who were over age 70. Participants completed interviews and medical tests every two years.

The results indicated that the risk of dying during the 20-year study period was one-third lower for grandparents who cared for their grandchildren, compared with grandparents who did not provide any childcare.
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If you’re turning 65 in 2017, it will be a big year for you. Not the least of the significant occurrences that will happen is your Medicare eligibility.

And with so much uncertainty awaiting us all in the insurance industry, Medicare may be coming to you just in time.

With the exception of certain people, there are actions you must take in order to enroll in Medicare. If you are already receiving Social Security retirement benefits or collecting from the Railroad Retirement Board, your enrollment in Medicare Part A is automatic.

If you’re struggling to find a gift for a caregiver, we have a solution. Offer them the gift of time.

Most caregivers don’t want to recognize that they need a break from their role. And, as a result, they won’t ask for it. Especially if they have been at it for a long time, the likelihood is that they definitely need some respite.
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There may be no worse day in your life as the one when your spouse passes.

After a lifetime together, you are suddenly alone. It’s hard enough to just consider the emotional aspects of such a day. But what happens when you have to add legal and financial issues on top of that? It has to be overwhelming. And if the spouse who has passed is the one who handled most of the legal and financial affairs, it may be near impossible.
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In the last few weeks we have written here about dealing with family legal issues as you gather for the holidays. For a variety of reasons, these are not always easy discussions but they are always more successful when the family is all together.

The toughest of these many discussions deals with the division of tangible personal property.

The Florida Department of Revenue defines tangible personal property as all goods, chattels, and other articles of value (excluding some vehicular items) capable of manual possession and whose chief value is intrinsic to the article itself. Inventory and household goods are excluded.

With the holidays approaching, there’s a greater likelihood that families will be gathering to celebrate. That often means this is the one time of the year children get to see their aging parents.

While we are not suggesting that you should not enjoy this time as a family, it is also an opportunity to discuss and review family estate planning issues.

Some questions to consider are whether any adult children are able and willing to assume the duties of the agent under a power of attorney, personal representative and/or trustee. Each has its own unique responsibilities.
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