Category: Elder Law and Special Needs

National Healthcare Decisions Day – April 16

April 14, 2016

Previous posts have talked about you controlling your final moments and also how you want to be remembered.  April 16 is National Healthcare Decisions Day and provides a reminder that having a living will in which you express your wishes regarding life-prolonging procedures or choosing not to have a living will are crucial components in every estate plan.

To that end, during this past legislative session of the General Assembly of Maryland, a bill was introduced that would authorize a qualified individual to request aid in dying.  The Richard E. Israel and Roger “Pip” Moyer End of Life Option Act would have allowed individuals meeting certain criteria to request and receive from their physician a lethal dose of a particular medication.  The bill was withdrawn from consideration as it lacked enough support, but not before sparking public conversation about the topic.  At this juncture, there are four states that have death with dignity statutes: Washington, Oregon, Vermont and California.  In fact, California’s statute is so new it will only take effect in June.  Montana does not have a statute, but a 2009 Montana Supreme Court case (Baxter v. State of Montana) examined whether a physician could prescribe a fatal dose of medication to a terminally ill individual without being charged with a crime because consent was involved.  In the end, although attempts have been made to pass aid in dying legislation, Montana does not have a statute legalizing the practice and the Baxter case addressed a very narrow aspect of the practice.

Regardless of your position on death with dignity statutes, end of life decision-making and advance healthcare planning is an important conversation to have and to share with your loved ones and National Healthcare Decisions Day helps remind us of the need to begin the dialog on the subject.  @deathwdignity @NHDD #livingwill #estateplanning #endoflife #advancedirective #NHDD

Alternative Living Solutions – “The Granny Pod”

April 2, 2016

As the population ages and the costs of entering and living in a continuing care retirement community (CCRC) or an assisted living facility (ALF) continue to rise, families are looking for alternative living arrangements for their loved ones.  One alternative is ‘the granny pod‘ or ‘MedCottage.’  In general, these tiny houses are comprised of a bedroom, bathroom, kitchen area and living space.  The pod is meant to reside in the backyard of an existing residential location and be a safe living area for an aging family member.  So, instead of families looking to buy a bigger home or to construct a large addition to accommodate their family member, the pod gives everyone the space they need.  Arguably, the cost is less than several months at an assisted living facility or the entry fee for a CCRC (depending on location).  Of course, one cannot simply move a pod into the backyard without first ensuring compliance with zoning ordinances, permit requirements for construction and hooking up utilities, insurance coverage and an overall fit for the family lifestyle and the care needs, among other considerations.  However, the idea is unique and innovative and may relieve a lot of stress and avoid family arguments during what may already be difficult times. #alternativeliving #grannypod @KennethDupin #elderlaw

The ABLE Act – Proposed Legislation Will Modify Certain Provisions

March 22, 2016

An earlier post gave a brief summary of the Achieving a Better Life Experience Act of 2014 or the ABLE Act.  Three different pieces of legislation were introduced on March 17, 2016 that would change some of the provisions of the ABLE Act.  Below is a brief summary of each proposed change.

  1.  Current law limits eligibility for the creation of an ABLE account to individuals with disabilities where the disability occurred before turning 26 years old.  H.R. 4813 would increase that age from 26 to 46.
  2. H.R. 4794 would allow for rollovers between 529 accounts and ABLE accounts.
  3. Finally, H.R. 4795 would permit individuals with disabilities to save additional monies to an ABLE account above the annual maximum ($14,000.00) now in place.  Such additional contributions would be allowed for those individuals with disabilities who work and earn income.  The additional contribution would equal the lesser of (a) his or her “compensation…for the taxable year” or (b) “an amount equal to the poverty line for a one-person household, as determined for the calendar year preceding the calendar year in which the taxable year begins.”

Updates will be posted as the legislation moves forward.  #specialneeds #ABLEact #estateplanning #proposedlegislation

The ABLE Act – An Additional Resource for Families and Advisors

March 15, 2016

In 2014, the Achieving a Better Life Experience Act of 2014 or the ABLE Act was signed into law.  Under the ABLE Act, certain savings accounts could be established for individuals with disabilities.  Such accounts allow for monies to be set aside for an individual with disabilities without disqualifying the individual from public benefits such as Social Security Income (SSI) or Medicaid.  The total annual contributions are currently capped at $14,000, but the accounts can grow and be funded up to state mandated limits.  Virginia and Maryland limit these accounts to $350,000 while the District of Columbia caps the accounts at $260,000.  Various other restrictions apply including restrictions that may impact an individual’s SSI benefit for a period of time and require any remaining amounts in the account to be used to pay back for Medicaid benefits that are received; generally known as a “Medicaid pay-back” provision.

Recently, the ABLE National Resource Center, an organization founded and managed by the National Disability Institute (NDI), went live with an informative website for families and professional advisors interested in learning more about the ABLE Act and establishing an account for an individual with disabilities.  In addition, the website provides state specific information since each state has implemented the ABLE Act differently.   Families of individuals with disabilities now have another resource in addition to consulting with their professional advisors if they are considering creating an account to ensure such planning fits within their overall goals and objectives.  #specialneeds #ABLEact #estateplanning @RealEconImpact

How Do You Want to Be Remembered…

January 26, 2016

When it comes to being remembered, you may have very detailed plans that you want implemented or you may not have thought about it at all.  During the recent blizzard or Snowzilla on the East Coast, the Tomb of the Unknowns was constantly guarded, as it has been since 1937, a tribute to those who had fought in earlier wars.   Of course this raises the question as to how you would want to be remembered.  Here is a short list of some considerations:

(1) Who should be notified – Family, friends, colleagues, organizations or groups, listservs, newsletters or other publications?

(2) What personal information would you want to have included? Certain information is required for a death certificate, but are there certain accomplishments or interesting stories you would want shared?  Do you want an obituary, and if so, what should it say?  

(3)    How do you want your remains handled and where do you want to be buried? This could include your preference for cremation versus burial or use of a family burial plot, mausoleum crypt or cremation niche for an urn.

(4) Do you want a marker or headstone? If so, what should the engraving say and how should the marker be designed?  Do you have a preference as to the type of urn or casket?

(5) Do you want a memorial service or just a big party? Should any service be religious, and if so, are there particular hymns to sing, certain readings to include and/or particular persons you want to provide eulogies or words of remembrance?  Are there military honors to be bestowed?  Should any service be for family and close friends only?  If you are to be buried, are there personal items to include in the casket? A particular outfit in which you want to be buried?  Do you want a viewing?

(6) How should the costs and expenses be paid and by whom?

This list includes only a few of the items to consider, but will hopefully start the conversation with family members.  Ultimately, the more planning that is done can help alleviate stress on surviving family members during an already difficult time and also pay tribute in a respectful, thoughtful manner.  #estateplanning #howtoberemembered #blizzard2016 #snowzilla