One of the hardest things I have to deal with as an Elder Law attorney is talking to caregivers watching their parents’ and spouses’ mental capabilities deteriorate due to Alzheimer’s and dementia.

Serving as the current chair of the Alzheimer’s and Dementia Resource Center and as a board member for the past eight years, I’m quite familiar with the ravages and uncertainties of this terrible disease. Often, caregivers aren’t sure whether or not their loved one is dealing with Alzheimers and Dementia and have a lot of difficulty taking away freedoms that many of us take for granted, even if they’re doing it to keep that person safe.

How can you tell your husband, wife, or parent that they’re not allowed to drive anymore? Or that they can’t leave the house without you because you’re afraid that they might wander off? And how do you know when things have gotten bad enough that you should declare the person legally incompetent? Before doing anything, it’s important that you know the different signs you should look for, as well as how the disease progresses.

Signs and Symptom’s of Alzheimer’s and Dementia

It’s important to remember that just having a few of these symptoms doesn’t mean that your loved one definitely has Alzheimer’s or dementia. Medical experts have divided Alzheimer’s and dementia into seven stages, from no impairment during the first stage to very severe decline in the final one. But if you notice that they are suffering from a large number of the symptoms over a long period of time and the problem appears to be getting worse, their chances of having the disease increase.

• Memory loss. We all forget things but those with dementia and Alzheimer’s often ask for the same information over and over—especially recent information. Others in more advanced stages simply seem to forget important events and dates in their life completely.
• Inappropriate behavior. Some people may start to ignore social norms such as bathing regularly, wearing clothes when they go outside, or speaking politely around others.
• Time and place confusion. You may notice your loved one having trouble remembering where they are, how they got there, and what’s happening to them.
• Difficulty in following directions and solving problems. Does a recipe that was once simple now take them twice as long? Do they get lost when traveling to familiar places? Do they have trouble keeping track of their bills each month?

An Elder Law Attorney Can Give Caregivers the Tools to Cope

When people reach Stage 5 of Alzheimer’s, the disease can be difficult for caregivers to handle on their own and they may wish to seek out long term care. If their loved one isn’t agreeable, this may necessitate them being declared incompetent. To talk further about this major step, contact The Law Office of Kathleen Flammia today.

The post Dealing with Alzheimers and Dementia appeared first on Orlando Elder Law Attorney.

As a Florida Estate Attorney, I can tell you that one of the most common mistakes people make is not paying enough attention to their beneficiary designations. Everyone knows how important it is to have a Revocable Living Trust or a Last Will and Testament, but they seem to believe that their estate planning checklist should end right there.
Unfortunately, what most people don’t know is that a Will doesn’t overrule designations on things like CDs, life insurance policies, 401(k)s, IRAs, and other kinds of retirement accounts. If you originally listed a parent or sibling as your beneficiary because you didn’t have your own family at the time, that person will still get the money even if you specify in your Will that your spouse or children should get everything.
Other mistake people make include things like:

• Naming no beneficiary
• Naming an ex as a beneficiary
• Naming an “estate” as a beneficiary
• Directly naming a minor as beneficiary instead of setting up a trust for them
• Naming a trust that is outdated or doesn’t exist
• Neglecting to list a secondary or contingent beneficiary

Florida Estate Attorney: Who to List and How to Do It

For the most part, knowing who to list is pretty simple. You want your beneficiary designations to reflect the people that you currently want to receive your assets, or you want the money to go towards paying off taxes, debts, or other expenses.
People with families of their own typically should designate their spouse as their beneficiary—especially if their children are under 18. Alternatively, they might have the money go to a trust for their kids until they are adults. Adult children can be designated as beneficiaries but this is usually only if the other parent has already passed. Other relatives and even friends can be listed, but that is less typical.
If you want to use your assets to pay off debts and other expenses, the designation should name a Trust that you’ve set up with your Florida Estate Attorney. You may also wish to set up a Special Needs Trust if the person to whom your money will be going receives government assistance. Designating them as direct beneficiaries could disqualify them from their benefits but an appropriately drafted Trust will allow you to meet their needs without disrupting other aid.
All of this, as you might imagine, can be quite complicated, so it’s always wise to sit down with your lawyer and create an estate planning checklist. As part of this checklist, you want to make sure that you take a look at your designations every three years or each time you go through a major life change. An experienced Florida Estate Attorney can make sure your plan is sound.

Kathleen Flammia

The post Florida Estate Attorney: Beneficiary Designations Important appeared first on Orlando Elder Law Attorney.

One of the hardest things I have to deal with as an Elder Law attorney is talking to caregivers watching their parents’ and spouses’ mental capabilities deteriorate due to Alzheimer’s and dementia. Serving as the current chair of the Alzheimer’s and Dementia Resource Center and as a board member for the past eight years, I’m quite familiar with the ravages and uncertainties of this terrible disease. Often, caregivers aren’t sure whether or not their loved one truly has one of these diseases and have a lot of difficulty taking away freedoms that many of us take for granted, even if they’re doing it to keep that person safe.

How can you tell your husband, wife, or parent that they’re not allowed to drive anymore? Or that they can’t leave the house without you because you’re afraid that they might wander off? And how do you know when things have gotten bad enough that you should declare the person legally incompetent? Before doing anything, it’s important that you know the different signs you should look for, as well as how the disease progresses.

Signs and Symptoms of Alzheimer’s and Dementia from an Elder Law Attorney

It’s important to remember that just having a few of these symptoms doesn’t mean that your loved one definitely has Alzheimer’s or dementia. Medical experts have divided Alzheimer’s and dementia into seven stages, from no impairment during the first stage to very severe decline in the final one. But if you notice that they are suffering from a large number of the symptoms over a long period of time and the problem appears to be getting worse, their chances of having the disease increase.

• Memory loss. We all forget things but those with dementia and Alzheimer’s often ask for the same information over and over—especially recent information. Others in more advanced stages simply seem to forget important events and dates in their life completely.
• Inappropriate behavior. Some people may start to ignore social norms such as bathing regularly, wearing clothes when they go outside, or speaking politely around others.
• Time and place confusion. You may notice your loved one having trouble remembering where they are, how they got there, and what’s happening to them.
• Difficulty in following directions and solving problems. Does a recipe that was once simple now take them twice as long? Do they get lost when traveling to familiar places? Do they have trouble keeping track of their bills each month?

An Elder Law Attorney Can Give Caregivers the Tools to Cope

When people reach Stage 5 of Alzheimer’s, the disease can be difficult for caregivers to handle on their own and they may wish to seek out long term care. If their loved one isn’t agreeable, this may necessitate them being declared incompetent. To talk further about this major step, contact an Elder Law attorney today.

Kathleen Flammia

The post Elder Law Attorney: Dealing with Alzheimers and Dementia appeared first on Orlando Elder Law Attorney.

I see it all the time as an Orlando attorney. Parents jointly title their adult kid’s car with their name because it’s the only way they can buy the vehicle or they feel like it makes their child safer. After all, with your name on the car, that means that you can protect them, right?

Don’t do it.

Why not? Because if your kid gets into an accident, jointly titling the car with your name means that the other driver can not only go after your kid for money, they can sue you.

Orlando Attorney: Protect Yourself to Protect Your Child

If it’s an issue of them not being able to afford the car alone and you wanting to have some ownership for helping them out, forget it. Tell them to find a cheaper car or have them pay you back in some other way. If it’s about protecting them, start by thinking about yourself first.

Keeping your name off of the title paperwork helps you to protect your assets and avoid getting sued for your adult child’s mistake. You’ll actually be better able to help them, because it will keep the other driver from emptying your bank accounts, too.

Of course, if your child is under 18, you won’t have this option because a joint title is required. That doesn’t mean you can’t protect your assets, though.

Orlando Attorney: Protect Your Assets Even with Underage Drivers

When you have underage drivers in your household, it can be nerve-wracking on a number of levels. You worry about your baby dealing with other crazy drivers. You fret over them making responsible choices. And you’re far less excited than they are about all the newfound freedom they have now that they can drive.

There’s a lot that’s left up to your child, but one thing you can control is the amount of insurance they have. Just in case anything happens, it’s important that underage drivers in your household are fully covered with excellent insurance. It may cost more for the payment, but it’s a lot better than having to pay for tens of thousands in damages if they’re underinsured.

If you’d like to talk more about how to handle the legal matters related to your child’s first car, talk to an Orlando attorney with experience in those kinds of matters.

Kathleen Flammia

The post Orlando Attorney: Don’t Put Your Name on Your Kid’s Car Title appeared first on Orlando Elder Law Attorney.

You wouldn’t think I’d need to deal with a lot of pre- and post-nuptial agreements in my work as an Elder Law lawyer, but what many people don’t realize is that the rights you give up in a prenup don’t come back just because your spouse passes away.

This means that if your husband or wife dies, you may not have any right to their money, their house, or any other property that was in their name. If the only documentation you have that refers to your marital rights is that pre- or post-nuptial agreement, you’re going to have a difficult time getting anything—even if your spouse verbally agreed to give you more rights.

The law says that the information contained in the prenup and his or her Florida Will has to be considered first, which is why it’s so important to put everything down in writing.

Get It in Writing, Says Elder Law Lawyer

People who complete prenups do so because they have concerns and want to feel protected by legal documentation, but when marriages last, their feelings often change and they want their spouse to be entitled to what they own. Unfortunately, a verbally expressed desire to change your rights isn’t the same as actually doing it.

Make sure that your spouse doesn’t put off any intended changes to their Florida Will or you could find yourself high and dry. As soon as he or she decides to alter your rights and increase what you are entitled to, set up an appointment with an Elder Law lawyer and make it legally binding.

Kathleen Flammia

The post Elder Law Lawyer: Prenups Harm You Even After Spouse Dies appeared first on Orlando Elder Law Attorney.

As a Winter Park attorney focusing on Elder Law, I often deal with my clients’ children, and the same questions always come up. Frequently, after a parent has passed on, their children will ask me why they didn’t receive any inheritance from the estate plan their mother or father created with me.

If only one parent has passed while the other is still alive, the answer is usually simple: the money is first inherited by the spouse.

Winter Park Attorney: When One Parent Dies, They Provide for Their Spouse First

When married people create an estate plan, they almost always ask for their money to go to their spouse if that person is still alive. This is usually the best plan since they want to make sure that their husband or wife is taken care of.
If they still have young children, they also want to enable their spouse to comfortably provide for them. In some cases, children under 18 might receive money in the form of a trust, but often the spouse or another adult is still put in charge of it until the child becomes an adult.
As for adult children, it’s extremely rare to receive any kind of inheritance until both of your parents have passed away. This is not intended as a slight by your deceased parent. Instead, it helps to ensure that the needs of your living parent are not a burden or concern for you.
If you’d like to know more about estate planning and inheritance law in Florida, contact a Winter Park attorney today.

Kathleen Flammia

The post Winter Park Attorney: Kids Only Inherit When Both Parents Have Passed appeared first on Orlando Elder Law Attorney.

When you take your parent to see an Elder Law attorney, you might expect to sit in on the entire meeting. After all, you’re their child, any issues they discuss might concern you, and you may even be paying for their visit. Why shouldn’t you be present for it?
Unfortunately, that’s not how it works. If you come with your parent, you’re going to have to step outside of the office for at least part of the meeting so that the lawyer can speak to them alone. But why?

An Elder Law Attorney Can Only Represent His or Her Clients

It doesn’t matter if you’re the one paying or if your mom usually makes you decide everything for her. When it comes to the law, attorneys can only represent one person at a time or they risk having a conflict of interest. In the case of Elder Law, their client isn’t you – it’s your mother or father.
That means that the lawyer has several different responsibilities.

• Keep information confidential. Because you’re not the client, the attorney can’t share information with you unless your parent tells them to. This means that you might end up knowing everything, or be left completely in the dark. It’s entirely up to mom or dad.
• Determine if their client is incompetent. Part of the job of an Elder Law attorney is to assess whether or not their client has the ability to make their own decisions. The only way that they can do this is to speak with your mother or father privately and see how well they are able to reason and provide them with information. If the lawyer believes your parent to be incompetent, it will open up a whole new host of issues for you.
• Avoid challenges. No one wants to have their last will and testament or other important legal documents challenged, but there’s a greater chance of that happening if you stay with your parent while they create them. For example, a jealous relative could argue that you pressured your parent into giving you more in the will. Leaving to give mom or dad the freedom to make decisions on their own will lessen the likelihood of this kind of situation.

If you would like to talk more with an experienced Elder Law attorney about why you can’t be in the room with your parent when they are making end-of-life decisions, contact our offices today.

Kathleen Flammia

The post Why Your Parents Must Speak to an Elder Law Attorney Alone appeared first on Orlando Elder Law Attorney.

As a Florida attorney who focuses on Elder Law, I know a thing or two about Living Trusts and defining how you can be determined disabled. As long as your mind is healthy, you should be able to continue to act as your own Trustee.

That’s why it frustrates me when some pundits and so-called experts argue for including the affidavit of only one doctor in determining whether you are disabled. Only having to get one doctor’s affidavit may seem like a good idea at the time, especially if the people asking you to draft your Trust that way are your children, spouse, or another relative. But make sure that you’re not doing something that you will regret later.

A Living Trust Disability Clause Makes It Easier for Others to Take Over for You, Says Florida Attorney

Obviously, the goal in creating a Living Trust isn’t to make things more difficult for your relatives. You simply want to ensure that your wishes are carried out and your money is used the way that you intended. As long as you’re healthy, it should be fairly easy for you to oversee the Trust.

All of us have to plan for that time where we are no longer able to take care of ourselves and our financial responsibilities. When drafting a Living Trust, it is important to discuss who should decide if you are disabled and how they make that decision. A disability clause allows someone to take over the Trust once you just can’t do it anymore. But in the same way that our criminal system has safeguards against putting innocent people in jail, your clause should protect you against someone having you declared disabled before adequately proving it.

By only requiring the diagnosis of a single doctor, you’re making it easier for someone who may not have your best interests in mind to gain control of your Trust and use it to their own ends.

Florida Attorney for Elder Law: Carefully Define Your Disability Clause

For their own protection, I strongly advise my clients to carefully consider the wording of their disability clause before including it in their Living Trust. It’s the worst feeling in the world when you know that you have the ability to retain control of your responsibilities, but other people take them away from you through unscrupulous means and destroy the things you’ve worked for.

Don’t let this happen to you. If you’d like to talk further about a Living Trust, a Will, or any other important decisions that you need to make in life, contact a Florida attorney who specializes in Elder Law.

Kathleen Flammia

The post Florida Attorney: Be Careful When Defining Your Disability Clause in Your Trust appeared first on Orlando Elder Law Attorney.

This month we will be hosting two Senior Survival Workshops. These workshops are a fantastic way to learn about Medicaid Planning and Asset Protection, Estate Planning and Veterans Benefits. I invite you to pass along the word to anyone you know who may be in need of these services.

The first workshop will take place on Tuesday, November 6th at One Senior Place located in Altamonte Springs from 2:00pm to 4:00pm. The second will take place on Tuesday, November 27th at the Winter Park Public Library from 6:00pm to 8:00pm. Please call the office at 407-478-8700 for details and to RSVP, as seating is limited.

I wish you all a safe and enjoyable Thanksgiving.

Kathleen Flammia

The post November 2012 Newsletter appeared first on Orlando Elder Law Attorney.

This theory or way of thinking is promulgated and reinforced by the very words used in a wedding ceremony like:

“Dearly Beloved, we are gathered here today in the presence of these witnesses, to join Husband and Wife in matrimony commended to be honorable among all; and therefore is not to be entered into lightly but reverently, passionately, lovingly and solemnly. Into this – these two persons present now come to be joined. If any person can show just cause why they may not be joined together – let them speak now or forever hold their peace.”

Or
“Friends, we have joined here today to share with Husband and Wife an important moment in their lives. Their time together, they have seen their love and understanding of each other grow and blossom and now they have decided to live out the rest of their lives as one.”

Sound familiar?

However, from a legal perspective, that isn’t the case. For example, if you tried to access your spouse’s IRA you know you need your spouse’s permission. Easy enough to do if your spouse is competent and able to either verbally or in writing satisfy the IRA custodian that they give permission.

But what if your spouse can’t talk? What if they aren’t physically or mentally able to sign the proper forms to give you permission?

You may think that because you are married you automatically have rights to act for your spouse WITHOUT your spouse giving them to you. But that isn’t true. Your marital rights do not give you the legal right to handle your spouse’s financial affairs. This problem can easily be solved by each spouse signing a durable power of attorney.

A durable power of attorney if a legal document, which in Florida, is effective as soon as you sign it. It gives someone else the authority to handle your financial affairs and your real estate matters.

The Florida legislature changed the law regulation DPOA last October. You now have the option to grant you agent “super powers” to handle gifting your money, establishing a trust, disclaiming a gift or inheritance, planning for Medicaid, etc.

As you can tell, this is a powerful document that should be drafted specifically for you. And yes, even married people need it to legally act for the other.

If you don’t have a DPOA or you have one that is more than five years old, please call 407-478-8700 to schedule a consultation. Take steps to plan your future, your way!

Kathleen Flammia

The post Why Can’t I Act for my Spouse? appeared first on Orlando Elder Law Attorney.