Horizon Elder Law & Estate Planning Blog

How can we protect our loved ones from elder abuse?

No one expects their loved ones to be abused or neglected when they trust a care facility to look after them. Unfortunately, with the rise in our elderly population and the expanding need for elder care, too many elder care facilities are popping up with insufficient training and staff to cover their needs.

Sadly, this situation recently arose in Napa, where Golden LivingCenter is being sued for

The ABLE Act - Read the details here...

Living with a disability can be costly. Recently, President Obama signed into law the Achieving Better Life Experience (ABLE) Act. The ABLE Act allows people with disabilities and their families the ability to create a tax-exempt savings account that can be used for improving one’s independence, and quality of life.

In estate planning, even something as simple as naming a beneficiary involves some legal knowledge.  Check out the following facts:

1. A beneficiary of a will doesn’t receive the inheritance immediately.  He must wait a minimum of forty days to claim under a will, and much longer if a probate is necessary.

It works this way: at retirement age, the working spouse files for benefits and immediately suspends them. The non-working spouse can receive spousal benefits while the worker remains employed. The longer the worker delays retirement, the more credits he accumulates. His benefits can increase up to 8 percent a year by delaying retirement beyond full retirement age. 

In September, 2015, AB 139 was signed by the Governor of California creating a Revocable Transfer on Death Deed (“TOD Deed”).  This deed transfers real property to a beneficiary without the necessity of a probate proceeding.  The new law is currently only in place for five years, during which time lawmakers will study its use, and eventually extend the law or modify it.  This type of transfer deed can be an alternative to a living trust, but it is not for everyone. Understand when this would be an appropriate estate planning vehicle for you and when you should rely on the living trust to transfer property at your death.

The holiday season is a time of sharing.  Families come together and this time can be special.  But, including an aging relative who may be struggling with health and cognition issues, this can be a stressful time. These are some tips for spending time with aging relatives while keeping the holiday spirit special in your family:

1. Life changes are difficult

Discussing life changes, such as moving (whether downsizing or finding a care facility), losing driving privileges, or a managing a tightening budget are hard conversations for an aging parent (actually having to plan for these can be even more overwhelming). Taking small steps toward specific goals can be helpful. Writing down each step needed and crossing them off as goals are met can make it easier to complete each step, even if it seems to make the list of tasks to complete even longer.

1.  IF I NEED A NURSING HOME, THE HOSPITAL SOCIAL WORKER CAN FILE A MEDI-CAL APPLICATION.

Although a social worker can file an application, he or she will rarely have the proper understanding of the complicated eligibility rules. A qualified elderlaw attorney can guide you in avoiding costly mistakes that commonly occur when hospital staff files the application

A will is an important estate planning document that everyone should have. If drafted properly, your will serves important purposes such as nominating a personal representative to administer your estate according to your wishes. However, a will has some limitations, and therefore certain language and items are not suited to be included in the will.