Archive for the Blog Category

Choosing a Guardian for Minor Children

Choosing a Guardian for Minor Children

If something terrible happened to you and your spouse, what would become of your children? It’s not something anyone wants to think about, but think about it we must. By naming a guardian for your minor children, you can help ensure they will be raised according to your wishes. The question is, how do you choose the proper guardian? Here are several factors to consider. The ability and willingness of the guardian to serve. Will the prospective guardian be able to meet the physical and economic demands of raising a child? Even more important, is the prospective guardian willing to serve in the first place? The last thing you want to do is name a guardian before speaking at length with the person you have in mind. Values. Ideally, the prospective guardian will share your child-rearing philosophy, values, views on education, religious beliefs, and other fundamental principles. Geography. If the

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Should You Obtain a Letter of Competency?

Should You Obtain a Letter of Competency?

Maybe it’s the son-in-law you’ve never really liked, let alone trusted, who wields undue influence over your daughter. Or the ex-spouse who continues to make trouble seven years after your divorce. Or the son whose irresponsibility and self-destructive behavior forced you to disinherit him. If you have reason to believe that an estranged family member might challenge your will, trust, powers of attorney or other planning documents, you may want to consider obtaining a letter of competency. Why? Many such challenges are based upon claims of incompetency—that is, the legal documents are invalid because their creator was of unsound mind. A letter of competency will help dispel notions that your documents were created while you lacked the mental capacity to make sound financial and legal decisions. A letter of competency is typically written by a primary care physician who is familiar with any changes in a patient’s baseline mental and

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Estate Planning Basics: An Introduction to Trusts, Continued

Estate Planning Basics: An Introduction to Trusts, Continued

Last time we discussed some of the terminology associated with trusts. Now let’s look at how revocable trusts differ from irrevocable trusts and the benefits of having a trust. Revocable versus irrevocable trusts A revocable trust is a trust that can be altered by the grantor during his or her lifetime. An irrevocable trust, on the other hand, is a trust that cannot be changed by the grantor (except under extraordinary circumstances). In the case of irrevocable trusts, the grantor typically foregoes total control of the property and must obey all trust rules and guidelines. Furthermore, a trust can be revocable during the grantor’s lifetime and then become irrevocable upon the grantor’s death. When most people use the word “trust” in the context of estate planning, a revocable living trust is the one they have in mind. A revocable living trust allows you to maintain complete control over your assets

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Quickly Determine What Services are Covered by Medicare by Downloading this Free App

Quickly Determine What Services are Covered by Medicare by Downloading this Free App

Does Medicare cover a test or procedure recommended by your doctor? You’ll know at a glance if you use Medicare’s new “What’s Covered” app. This free app lets you search for specific services or browse a list of alphabetized services to determine what is covered by Medicare Parts A and B. You can also access basic information about costs. While the app provides an extensive list of the services, tests, and procedures covered (or not covered) by Medicare, it does not take into account a user’s specific co-insurance, supplemental insurance, or deductibles. The What’s Covered app is part of an initiative by the Centers for Medicare and Medicaid Services (CMS) to modernize Medicare and empower beneficiaries. Other CMS initiatives include price transparency tools, improved online support, and a webchat option on the Medicare Plan Finder. You can get the What’s Covered app from the App Store or Google Play by

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Estate Planning Basics: An Introduction to Trusts

Estate Planning Basics: An Introduction to Trusts

Perhaps you have heard about trusts but wonder exactly what they are and what they can help you accomplish. Simply put, a trust is an agreement outlining how assets will be managed and held for the benefit of another person. There are many types of trusts, capable of addressing a wide range of concerns and accomplishing a number of important goals. Let’s begin our discussion by looking at the elements and terminology shared by most trusts. The Grantor All trusts have a grantor (also known as a trustor or settler). The grantor is the person who creates the trust and has the legal authority to transfer property held in the trust. The Beneficiary The beneficiary is the person who “benefits” from the trust. A beneficiary can be one person or a number of different parties. A beneficiary can also be an institution, such as a charity. The Trustee The trustee

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Medicaid, Nursing Home Costs, and the Rumor Mill

Medicaid, Nursing Home Costs, and the Rumor Mill

One-half of all Americans who reside in nursing homes receive assistance from Medicaid to pay for their care. This is not surprising, given the extraordinarily high cost of long-term care. The real surprise is that half of all Americans don’t seek Medicaid assistance to cover nursing home costs. There are several reasons for this, but one of the most common can be summed up in a single word: hearsay. Or, if you prefer, the rumor mill. Here are just a few examples of the myths surrounding the use of Medicaid to pay for nursing home care: The healthy spouse will be kicked out of the family home The government will take all of your assets You’ll have to live in an old, dilapidated facility You’ll receive inadequate care, or no care at all Rumors like these often come from well-meaning family members, friends, and neighbors. While none of them are

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The HIPAA Release: What It is and Why You Need One

The HIPAA Release: What It is and Why You Need One

The Health Insurance Portability and Accountability Act (HIPAA) established national standards to protect the privacy of personal medical information. The HIPAA Privacy Rule sets limits and conditions on the way such information can be used and disclosed in the absence of patient authorization. The rule also provides patients with additional rights regarding their medical information, including the right to examine and obtain a copy of their health records and to request corrections to these records. Most of us would agree that our medical information should be kept private. However, HIPAA is an example of a well-intentioned law that has led to unintended consequences and potential problems for patients and their families. Why? The penalties associated with violating HIPAA—which include civil fines, criminal penalties, and even imprisonment—often make health care providers extremely cautious about sharing medical information with anyone other than their patient. This can include spouses, children, and other close

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Quickly Determine What Services are Covered by Medicare by Downloading this Free App

Does Medicare cover a test or procedure recommended by your doctor? You’ll know at a glance if you use Medicare’s new “What’s Covered” app. This free app lets you search for specific services or browse a list of alphabetized services to determine what is covered by Medicare Parts A and B. You can also access basic information about costs. While the app provides an extensive list of the services, tests, and procedures covered (or not covered) by Medicare, it does not take into account a user’s specific co-insurance, supplemental insurance, or deductibles. The What’s Covered app is part of an initiative by the Centers for Medicare and Medicaid Services (CMS) to modernize Medicare and empower beneficiaries. Other CMS initiatives include price transparency tools, improved online support, and a web-chat option on the Medicare Plan Finder. You can get the What’s Covered app from the App Store or Google Play by

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Medicaid, Nursing Home Costs, and the Rumor Mill

One-half of all Americans who reside in nursing homes receive assistance from Medicaid to pay for their care. This is not surprising, given the extraordinarily high cost of long-term care. The real surprise is that half of all Americans don’t seek Medicaid assistance to cover nursing home costs. There are several reasons for this, but one of the most common can be summed up in a single word: hearsay. Or, if you prefer, the rumor mill. Here are just a few examples of the myths surrounding the use of Medicaid to pay for nursing home care: The healthy spouse will be kicked out of the family home The government will take all of your assets You’ll have to live in an old, dilapidated facility You’ll receive inadequate care, or no care at all Rumors like these often come from well-meaning family members, friends, and neighbors. While none of them are

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PLANS FOR LONG-TERM CARE: MEDICARE VS. MEDICAID

PLANS FOR LONG-TERM CARE: MEDICARE VS. MEDICAID By and large, Medicare does not provide adequate coverage for nursing home care. For example, Medicare Part A only covers up to 100 days in a skilled nursing facility for a particular illness, and only after the patient has spent at least three days in a hospital. To make matters worse, from day 21 to day 100 the individual in the skilled nursing facility must make a co-payment of $170.50 per day. Few people actually receive Medicare coverage for the full 100 days, in part because of the substantial copay, and in part because restrictions and conditions for coverage are rather stringent. Medicaid, on the other, does cover long-term nursing home care for people who meet its asset and income and limits. One hundred days, one year, ten years—Medicaid will pay for the care as long as the recipient is eligible. Given the

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