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LifeTimes
Golden Agers

Long Term Care Planning

The fact is that 50% of all adults over 65 will require long term care of some kind in their lifetime. Understandably, individuals who have worked all their lives to build a nest egg for retirement and who want to see their children inherit the fruits of their labor, do not wish to see it all depleted to pay the high cost of their long term care.

Safe money

Safe money

Many falsely believe that Medicare will cover the cost of their care, but Medicare covers only short term care and not even all of that unless certain criteria are met. Myths abound in regards to Medicare and Medicaid and protecting your assets in the event that you or your spouse requires long term care.

There are steps you can take to protect a large amount of your assets but be aware that to qualify for Medicaid, you must disclose all financial transfers for a period of 3-5 years prior to application. There are penalties for illegal transfers. You can take out an insurance policy to cover some of the cost of long term care but most long term care insurance policies don’t cover the full cost of care. Many believe that setting up a “living trust” will secure their assets and make them untouchable but the truth is that these trusts don’t necessarily protect your assets from being paid out to your debtors.

Financial planning for elders is complicated and the earlier you start, the better. Consulting a financial planner who is well-versed in the laws of your state and the rules regarding Medicare and Medicaid is recommended. The time to take action to protect your assets is now.

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No Jury Of Her Peers?

United States citizens are guaranteed by law to a fair trial with a jury composed of one’s peers.  But what happens if no peers can be found to serve on the jury?  This is exactly the problem being faced by the State of Georgia.  A woman, age 79, is accused of murdering her ex-boyfriend.  But the legal exemption age for serving on a jury in Georgia is 70.  No one can be found that is within ten years of this woman’s age. 

“This is the youngest jury pool I’ve ever seen,” said Lena Sims Driskell’s attorney, Deborah Poole. “Most of these people look under 30. How does one have a trial when you are not able to include a whole class of people in the jury?”
CNN

Driskell is accused of shooting the man she was seeing in the senior citizen’s home they both lived in when she discovered he was seeing another woman.  She has, according to news reports, confessed to the crime.

Potential jurors have said they could not judge a person older than themselves.  And none of the jurors being questioned were involved in any senior advocacy groups.  The death penalty is not being considered and the trial, once it is able to be started, is expected to be short.  But without a jury?  It is hard to say when Driskell will, or if, face a jury of her peers.

Client Too Old To Get Fair Trial

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What is Elder Law?

Do you know what elder law is?  You should.  Whether you are a Baby Boomer, a senior citizen, or a member of the Sandwich Generation, you need to learn about elder law and how it is, or will become, necessary in your life, or the life of your parents.

Elder law is a legal specialty that helps older citizens and their family members with a variety of legal issues that can include: estate planning (wills, trusts and probate), long-term care planning, Social Security and disability, public and private pensions, Medicare, Medicaid, nursing home issues, durable powers of attorney, living wills, conservatorship and guardianship, age discrimination, elder abuse, fraud, senior housing and more.
Jim Miller - Bradenton Herald

The complexity of society has caused this arm of the legal profession to come together in an effort to protect the rights of the senior citizen.  As that age group becomes the largest population group within the United States, the need for attorneys specializing in this field, will increase. 

But finding a good attorney is a bit like finding a good physician.  Not all of them received straight A’s in law school.  And some are downright unethical.  How does a person find a good attorney, who specializes in elder law?  And how can adult children and other extended family members help?

Elder Law One Of Fastest Growing Fields - Finding A Good Attorney

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