Estate Planning Document You Need Now!

Now that the holiday season is in full swing, if you are preparing to travel, don’t forget these important legal documents you need to include in your suitcase.  We never think an accident or illness will happen while away from home. Are you prepared? There are two legal documents you will want to have a copy of in case of an emergency. 

First, your Healthcare Power of Attorney (also known as a health care proxy or surrogate) is a Durable Power of Attorney specifically designed to name someone you trust to make healthcare decisions for you if you are unable to do so. When choosing a health care agent, select someone who will keep your best interests and wishes in mind.  Not all powers of attorney are created equal, so be sure you bring your Healthcare Power of Attorney and not your Financial Durable Power of Attorney.  

Second, your Living Will (also known as an advance medical directive) is a declaration setting forth your wishes regarding how you want to be treated with respect to life prolonging medical procedures. A Living Will applies in situations where you are unable to make your own decision, you have either a terminal condition, end stage condition or are in a persistent vegetative state and your doctors have determined there is no reasonable medical probability of your recovery.  If these elements are present, then your Living Will says you do not want to be kept alive by life prolonging procedures (respiration, hydration or nutrition) but you will accept a procedure or medication that will alleviate your pain or provide comfort care.  

Your healthcare documents will not do you any good if no one knows about them; you will need to talk with the person you designate in them to make sure they know where you keep them. If you are travelling, put a copy in your suitcase or save a copy to one of the many cloud storage programs available today.  

Remember, your Healthcare Power of Attorney and Living Will go into effect if you meet specific medical criteria and are unable to make decisions for yourself. If you do not have these valuable planning tools, feel free to contact The Law Officesof Hoyt & Bryan today to schedule an appointment with one of our experienced attorneys.

For more information or to schedule an appointment, call The Law Offices of Hoyt &Bryan at (407) 977-8080 or visit our website HoytBryan.com. Happy Holidays!

How to bequeath Emblem3 to loved ones - MarketWatch

My friend Jack Tatar explains how important and difficult it may be to plan for your digital assets.  This includes your blogs, Facebook, LinkedIn and other online profiles you may have.  It is easy to overlook something we use every day and take for granted.  Many of the social media sites you use may have their own rules for what happens to your online presence in the event of your death.  You agreed to those rules when you created your profile - and I don't know anyone who has actually read what they've agreed to.



Be sure and create a comprehensive password list and keep it updated.  Make sure the people you asked to fill in the helper roles - agent under your power of attorney, personal representative or executor of your will, successor trustee to your trust - all know where to find this valuable information.



For more information, read my latest book "What's the Deal With...Estate Planning" published by People Tested Publishing. 



How to bequeath Emblem3 to loved ones - MarketWatch

Communicating with a Family Member Diagnosed with Alzheimer’s or Dementia

“They may forget what you said, but they will never forget how you made them feel.” - Carl W. Buechner

In our practice, we frequently meet with individuals or family members of a person who has Alzheimer’s or other forms of dementia. At times, it can be challenging for our team, and more importantly the family, when it comes to communicating with their loved one.     

Dementia is not a specific disease.  Instead, it is an umbrella term to describe a wide range of symptoms, including memory loss and other intellectual abilities serious enough to disturb a person’s daily life. Alzheimer’s is the most common form of dementia and accounts for 60 to 80 percent of dementia cases.  Alzheimer’s is a progressive disease limiting one’s ability to express thoughts, emotions, and verbal communication.

Dementia can be broken down into three stages. The three stages are early, middle, and late. Each stage has its own characteristics and recommendations for effective communication.

In the early stage, the individual may be able to engage in conversations and social activities. In many cases, drive or work. You may notice they repeat themselves and stumble to find the right word. To communicate through this stage, it is suggested you:

-         Speak directly to the individual;

-   Take time to listen. Try not to become impatient when they repeat  themselves;

-         Give them time to respond. Do not interrupt their train of thought;

-         Avoid criticizing or correcting; and

-         Limit distractions. Surroundings should allow the individual to focus on their thoughts.

The middle stage of dementia is typically the longest stage. During this stage, the individual will experience greater difficulty with verbal communication and will need more direct guidance. They may jumble their words and be easy to frustrate or anger. To communicate through this stage, it is suggested you:

-         Keep good eye contact to show you are engaged;

-         Speak slowly and clearly;

-    Ask simple yes or no questions, “Would you like some coffee?” Not, “What would you like to drink?”;

-         Give visual cues to help guide their thinking; and

-         Use written notes. This can assist when spoken words are confusing.

Lastly, the late stage. This stage can last for weeks or several years. The individual may now rely solely on nonverbal communication. In this stage it is typical the individual will require 24 hour care. To communicate through this difficult stage, it is suggested you:

-      Call the individual by name;

-      Always approach from the front so not to startle them;

-      Engage in non-verbal communication - use touch, sights, sounds, smells, and tastes;

-      Ask them to point or gesture if you can’t understand; and

-   Treat the person with respect - avoid ignoring them while engaged in other conversations. 

As illustrated above, communicating with an individual with Alzheimer’s and other forms of dementia requires compassion, patience and great listening skills.  The suggestions provided are just a few ways to help you and your loved one effectively communicate with one another.

If you have a loved one experiencing early signs of dementia or Alzheimer's, it is important to act early, while your loved one still has capacity.  Call us today or attend one of our complimentary workshops for more information.  

5 Estate Planning Mistakes to Avoid | Straight Talk Blog - Join The Conversation

Check out this article by Kristin Arnold on behalf of Ally Bank.  Peggy Hoyt was interviewed as one of the experts for the creation of this article.  You definitely don't want to make any of these mistakes.



If you have questions or comments, don't hesitate to contact The Law Offices of Hoyt & Bryan for more information.  We look forward to talking to you!  



5 Estate Planning Mistakes to Avoid | Straight Talk Blog - Join The Conversation

Disabled Adult Child Benefits under Social Security

Disabled Adult Child Benefits under Social Security

Better than SSI and no loss of Medicaid benefits!

If you have a child with special needs who is receiving Supplemental Security Income (SSI) benefits, there may be a point when your child will become eligible for a disability benefit based upon your Social Security account. The benefit is called the Social Security Disabled Adult Child (DAC) Benefit.

Who is Eligible for Social Security Disabled Adult Child Benefits?

DAC benefits are only available to a disabled person age 18 or over who is:

·         the child of a parent who is currently receiving Social Security Disability Income (SSDI) or Social Security Retirement Income (SSRI) or;

·         the child of a deceased parent who was insured for Social Security benefits at the time of the parent's death; and

·          the child was disabled before the age of 22 and remained continuously disabled until the parent became disabled, retired or died; and

·         the child does not marry, unless the spouse is also receiving social security benefits.

If the DAC benefit is based upon the parent's disability, the child's benefit will end if the parent no longer qualifies for SSDI benefits because the parent's disability ended.

Benefit Amount

The DAC benefit for the child of a disabled or retired worker is 50% of the parent's benefit amount. The DAC benefit for the child of a deceased worker is 75% of the parent's benefit amount. If both parents are insured and either disabled, retired or deceased, the child's benefit amount will be calculated based upon the higher account of the two parents.

In some cases the DAC benefit may be reduced by the Family Maximum Amount (FMA). This is a cap on the total benefits that the Social Security Administration will pay to the family, including the insured worker, the spouse and other children if applicable. The FMA cap is usually between 150% to 200% of the insured worker's benefit amount.

Typically the DAC benefit is higher than the SSI benefit amount ($721 for 2014). When this happens the SSI benefit ends and is replaced by the DAC benefit.  This can create confusion with regard to the continuation of Medicaid benefits, which will be discussed below.  If the DAC benefit is less than the SSI benefit amount, a child could receive both SSI and the DAC benefit to bring the total monthly income up to the SSI benefit amount plus an additional $20 ($741 for 2014).

The child will be eligible for Medicare 24 months from when the DAC benefits began, so the earliest a child could receive Medicare based upon the parent's account would be age 20.

Medicaid and DAC Benefits

As discussed above, in most cases the DAC benefit will exceed the SSI benefit previously paid.  When this happens, the child will receive a notice from Social Security advising them that their SSI benefit will end and they will instead receive their new monthly benefit under the SSDI program as a Disabled Adult Child.  Many families believe-incorrectly-that switching from SSI to Social Security Disabled Adult Child Benefits means losing Medicaid coverage. In fact, some people may actually have been given this misinformation by SSA or Medicaid staff. 

However, under existing federal law, a disabled adult child in this situation can continue to be eligible for Medicaid (or can become eligible again) as long as the adult child: (1) has income below the SSI limit, after subtracting out the DAC benefit that made them ineligible; (2) continues to be “disabled” as defined by the Social Security Administration; and (3) the child’s assets remain below the Medicaid asset limit (generally $2,000.00).  It is important that they be aware that their Medicaid eligibility is protected by federal law and they must be vigilant to be sure that Medicaid benefits are not automatically terminated and, if Medicaid benefits are incorrectly terminated, they must immediately re-apply for continued benefits on the Department of Children and Families ACCESS website.

Where to Apply

You apply for DAC benefits through the Social Security Administration. You can call them at 1-800-772-1213. You can also get more information on the DAC program from the Social Security Administration's web site at www.ssa.gov.

The federal statute:

42 U.S. Code § 1383c - Eligibility for medical assistance of aged, blind, or disabled individuals under State’s medical assistance plan

(c) Loss of benefits upon entitlement to child’s insurance benefits based on disability

If any individual who has attained the age of 18 and is receiving benefits under this subchapter [SSI] on the basis of blindness or a disability which began before he or she attained the age of 22—

(1) becomes entitled, on or after the effective date of this subsection, to child’s insurance benefits which are payable under section 402 (d) of this title on the basis of such disability or to an increase in the amount of the child’s insurance benefits which are so payable, and

(2) ceases to be eligible for benefits under this subchapter because of such child’s insurance benefits or because of the increase in such child’s insurance benefits,

such individual shall be treated for purposes of subchapter XIX of this chapter [Medicaid] as receiving benefits under this subchapter so long as he or she would be eligible for benefits under this subchapter in the absence of such child’s insurance benefits or such increase.

Increase in Personal Needs Allowance

     Pursuant to Medicaid eligibility requirements, an individual receiving Institutional Care Program (“ICP”) Medicaid may only retain a limited portion of their monthly income to pay for those personal expenses not covered by Medicaid.  The income kept by the Medicaid recipient is known as the personal needs allowance.  The balance of the Medicaid recipient’s income is used to pay the nursing home where the individual resides.  Prior to July 1, 2014, the personal needs allowance was $35.00.  This is the money the Medicaid recipient could use to purchase those things that Medicaid does not pay for such as haircuts, meals dining out, gifts for family members, etc.  In this day and age, $35.00 per month does not go very far.  This problem was recently recognized by and addressed by the Florida Legislature. 

     General Appropriations Act (House Bill 5001), signed by the Governor on June 2, 2014 and effective July 1, 2014, increased the personal needs allowance from $35.00 per month to $105.00 per month.  This is the first increase to the personal needs allowance in the history of ICP Florida Medicaid that we are aware of.  The increase is especially relevant for those Medicaid recipients who fund a Qualified Income Trust (“QIT”) each month in order to maintain their Medicaid eligibility.  Those individuals should be aware that the increase may change the amount of income to be funded to the QIT.

     If you have any questions related to the increase in the personal needs allowance or regarding ICP Medicaid in general, please contact the Law Offices of Hoyt & Bryan at (407) 977-8080.

Update On VA Benefits For Same-Sex Married Couples - Lawyers for Wartime Veterans

Here's a recent update on VA benefits for same sex married couples.  This area of the law is changing and as each state reviews their position on same sex marriage, will continue to change.



If you have questions about Florida's law related to same sex couples or unmarried couples, please don't hesitate to give us a call!



Update On VA Benefits For Same-Sex Married Couples - Lawyers for Wartime Veterans



Watch for upcoming workshops - "Loving Without A License - An Estate Planning Survival Guide for Same Sex Couples and Unmarried Partners" 

Breaking News! Personal Needs Allowance for Nursing Home Residents Increased!

          Effective July 1, 2014, a bill was passed by the Florida Legislature, increasing the Personal Needs Allowance (PNA) for nursing home residents. The PNA, per individual, will increase from $35 to $105 per month beginning with the July 2014 eligibility budget. The PNA, per couple, will increase from $70 to $210 per month. The PNA, for Supplement Security Income (SSI) only nursing home residents, will increase from $5 to $75 per month.

This is the first time in Medicaid history there has been an increase in the Personal Needs Allowance.  What this means is nursing home residents can keep more of their income each month and their patient responsibility - what they pay to the nursing home - will decrease.

This is very good news.  The PNA is intended to be used for those things that Medicaid does not pay for - things like haircuts, toiletries, clothing, bank fees, etc.  If you are unsure an expense falls under these guidelines, be sure and ask.  As a result of the PNA increase, it is important funds are monitored to ensure assets remain below the $2,000 asset limitation at least one day every month in order to maintain continued Medicaid eligibility. 

If you have questions or concerns about Medicaid eligibility, please feel free to contact us!

The Law Offices of Hoyt & Bryan

254 Plaza Drive

Oviedo, Florida  32765

407-977-8080

HoytBryan.com