AL Estate Planning & Elder Law Blog

Did you know the rules governing the VA Pension program changed toward the end of this past year? On October 18, 2018, there were several substantial changes to the operation of the program and how eligibility would be determined in the future for potentially eligible veterans and their dependents. As we look to the future of Alabama residents who need long-term care, we need to consider all of the possible benefits available to them,  and this includes the VA Pension.

What is the VA Pension program? At its core, the VA Pension program is a monthly, tax-free income benefit available to servicemen and women who have a qualifying service record.  It is a benefit that is substantially different from other monies available to veterans and their dependents. In contrast with the disability program where there must be a service connected injury that was caused by or made worse by service, there is no injury associated with this benefit.
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When we first meet with clients to prepare an estate plan, often, one of the primary goals is to avoid probate. Many people do not know, however, that even if you successfully prepare to avoid probate in your home state, without the proper planning, any property you own outside of your state may be subject to a specific type of probate proceeding called ancillary probate. To help better inform you about this type of probate proceeding, let us share with you a few common questions we receive from clients about ancillary probate.

What is ancillary probate?

Ancillary probate is a special type of probate proceeding that may be required in addition to a state probate proceeding. This is true if you own real property or other assets that are attached in a state outside of your home state.
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Every year on June 15th, the United Nations, governments around the world, and legal professionals in communities across the globe gather to observe World Elder Abuse Awareness Day. One of the purposes of this important day is to promote education and help prevent the growing epidemic of abuse occurring against vulnerable older populations.

It is no small problem.

It is a common misconception that Estate Planning is just for wealthy people, while Elder Law is only for aging adults and seniors. In reality, however, neither is true. Everyone can benefit from thinking ahead to the future and planning accordingly, regardless of age. We know that planning for the future can be overwhelming to think about, but having an understanding of your unique planning goals and needs is important for you and your loved ones. This is why we want to share with you some information about both Estate Planning and Elder Law, so you can make an informed decision about the right type of planning for your unique goals and needs.
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You may know that taking the wrong dose of a prescription or having adverse reactions to a medication, can be life threatening. What you may not know, however, is that such mistakes, allergies, or side-effects, may lead to emergency room trips for Older Americans. This National Elder Law Month, we encourage you to think about parents and grandparents in your life who may need a bit more help when it comes to effectively and safely taking medications.

Unfortunately, age-related issues can impact both vision and memory. Doctors visits are, on average, less than twenty minutes.

Across the nation, long-term care costs continue to rise. In just a few short years, the costs of a skilled nursing care have more than doubled in states across the nation. According to the studies performed by the Genworth Annual Cost of Care Survey, two of the reasons this is happening include “the shortage of skilled workers and (the fact that) aging Americans need more specialized care, the result of waiting too long to receive professional care.

Providing care for an elder family member can be a significant undertaking. On average, family caregivers spend about 24 hours a week providing care to an elder loved one, and nearly 45 hours a week when the family caregiver is the spouse of the care recipient.

What Is Estate Planning?

This is a question everyone should be asking themselves, yet unfortunately many don't and it is a sad situation when someone passes away without one.  Death is something that is not a matter of "if" this happens, but "when" this happens.

Estate Planning is for everyone.   

However, if you don't have one, don't worry because your State will have one for you, although you probably won't like it.  No matter how small or large your estate is.
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