Creative Ways to Boost Your Social Security Income

Elder law attorney Gene L. Osofsky of the law firm Osofsky and Osofsky suggests putting on “your thinking cap” when it comes to obtaining additional social security income.

Every year, more than $10 billion in Social Security benefits go unclaimed. Asserts attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, “This is primarily because married couples do not know how to optimize their social security benefits.”

Much of this unclaimed bonanza does consist of spousal benefits that most people don’t even know they’re entitled to receive. “These benefits can increase your income and solve the riddle of whether it’s more advantageous to get immediate monthly income at age 62 or wait until you’re age 66 and get a bigger check – maybe significantly bigger,” Osofsky says.

If you do wait until age 66, which the U.S. government considers full retirement age, for people born between 1943 and 1954 the monthly benefit will be one-third greater than if you take it at age 62. If you wait until age 70, the check will be 76 percent larger. The longer you live, the more it will matter, and chances are, you’ll live a long time. The typical 65-year-old can expect approximately an additional twenty years of life. Within that pertinent group of 65-year-old elders, 41 percent of women and 28 percent of men will live to age 90 – and half of those women will make it to age 95, as will one-third of the men.

Spousal benefits offer a way around the potential conundrum. “If you’re married – or if you’re divorced after ten years of marriage and haven’t remarried, you can claim a benefit not only on your own work record, but also on your spouse’s,” explains Osofsky. No, you can’t collect those benefits simultaneously. But you might be able to get them consecutively. “You can file first to get a spousal benefit, and then later to get your own benefit after it has grown as large as possible. It just has to be done in the right order,” Osofsky says.

Being astute about these spousal benefits and how they work, can result in increased social security income for a married couple. “You may be able to increase your household income substantially over time,” Osofsky concludes, “You just have to be smart about it.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Blended Families Can Prove Challenging to Caregivers

Divorce seldom fails to up the complexity quotient when you add stepparents into the caregiving and estate planning equations, explains Elder law attorney Gene L. Osofsky of the law firm Osofsky & Osofsky.

Attorney Diane Fener, based in Virginia Beach, Virginia, has family duties when she travels to New England to visit her parents. Her mother lives in the dementia unit of an assisted living facility in Rhode Island. She then meets with her father at his apartment about a half-hour drive away in Massachusetts. Her father’s second wife, Ms. Fener’s stepmother, lives nearby in a nursing home and she too, has dementia. She last visits her stepfather – the man who was her mother’s second husband for more than two decades.

“I’m sure that Ms. Fener doesn’t get to spend as much time as she might like with each of her parents,” says attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, “but her situation is typical of many blended families today.”

During the 1970s, there was a spike in U.S. divorce rates. In the aftermath of that spike, states liberalized their divorce laws and working women became less inclined to remain in unsatisfying marriages, the cultural stigma of divorced lessened, and grown children of these broken marriages are dealing with the unintended consequences. “A new layer of complexity has been added to an already complex and emotional situation, especially for caregivers,” Osofsky explains.

In fact, the added stresses of divorce, family upheaval, and tighter finances can be so detrimental to your health that the effects can linger for years into the future. Because Osofsky & Osofsky is frequently engaged to help divorced or remarrying couples update their estate plans to protect their newly blended families, Ms. Fener’s plight struck an empathetic chord with Osofsky. “Divorce can have poignant and practical effects 20 or 30 years down the road,” he explains, “not just on the couple but also on their grown children now acting as caregivers.”

Adult children of aging parents can find themselves caring, not only for mom and dad, but also for stepmom, stepdad, and sometimes even extra sets of stepparents from an additional or current marriage. “Dividing time and often finances between so many parents with new and special needs can quickly take its toll,” Osofsky concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Despite Estate Tax Uncertainties, Better Not Procrastinate

While Obama might be procrastinating about what to do about the estate tax, you’d better not.
President Barack Obama was supposed to tackle the thorny issue of the estate tax from the get-go, considering that the expiration date was already set for 2010.

Mr. Obama is at heart a cautious man. During his 2008 campaign, he pledged to raise income tax rates for top earners, but has since reneged, as advisors have told him that such an elimination of high income “tax cuts” as Republicans like to call them – would have an adverse effect on a chronically ailing economy during a deep recession.

Despite the “Death Tax Repeal” movement’s best efforts, it looks like the estate tax is here to stay.
Democrats seem determined to act with deliberate speed to prevent the estate tax’s scheduled repeal. A prior levy on large inheritances was first approved by Congress under President George W. Bush in 2001. Rollbacks were phased in, albeit slowly, with a full elimination in place for next year.

The Senate Finance Committee is expected to propose legislation to reverse the scheduled elimination in lockstep with a likely announcement of the Obama Administration’s detailed estate tax preservation proposal in his October 2009 budget. This anticipated “swift action” by Democrats was associated with a rationale that it would be politically more difficult to initiate their plan to resuscitate the estate tax once it was gone.

Under the Obama plan detailed during the campaign, the estate tax would be locked in permanently at the rate and exemption levels that became law in 2009. Estates of up to $3.5 million (twice that for couples) would be exempt from any taxation. The value of estates above that would be taxed at 45%. If the tax were restored to Clinton-era levels, the first $1 million would be excluded from being taxed and the remainder taxed at 55%.

Nearly a year has gone by since candidate Obama’s campaign promises were initially voiced regarding the estate tax. But despite the procrastination of our elected leaders, a version of the estate tax will likely be still in place next year, although the sort of permanency that estate planners might have wished for may remain elusive. So despite the fact that uncertainties exist and are likely to linger, it’s not the time to “sit on the fence” when planning your estate. Contact your elder law attorney or estate planner at your earliest opportunity to review your personal situation.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

I’m Dad’s Executor. What Do I Do Now?

The death of your parent is bound to be an emotionally confusing time without the additional responsibilities of being named as executor of his or her estate. Elder Law attorney Gene L. Osofsky of the law firm Osofsky & Osofsky has some sound advice and insight for those placed in such a predicament.
Having being named the Executor of the Estate for your father, which by many is considered an honor, means that you must have more patience and focus than the remainder of your family. This is difficult to do in times of high stress due to a death in the family. Some of the responsibilities which you must thereby assume include the following:

Creating an accounting for the deceased’s assets and liabilities

Giving notice to potential creditors

Settling outstanding debts

Making distributions for estate taxes, if applicable

Making fiduciary income tax return

Making distributions to named beneficiaries

Filing a final accounting with the court to close the probate process

Included with these responsibilities is the duty to keep the estate viable during the probate process. This may include paying the mortgage on a house or even making car payments. Probate can often be a lengthy process, which is why you can petition the court to release short term funding for these purposes while probate continues.

“If you’re thinking that this sounds like no easy job, you’re absolutely right,” says Osofsky. It is an endeavor that should never be undertaken lightly. Executors are generally entitled to compensation from the deceased’s estate, but most immediate family members decline this option. “One good bit of news from this,” explains Osofsky, “is that you are not financially responsible for any debts the deceased may have accumulated.” To emphasize, all debts, taxes, legal fees, and administrative costs should be paid from the estate of the deceased, not from your own pocket. If you have advanced any such costs, you are usually entitled to claim a refund from the estate.

But the responsibilities of an executor can often be accomplished more efficiently with the help of a knowledgeable Elder Law attorney, such as Gene L. Osofsky of the law firm Osofsky & Osofsky. “We receive requests from clients to assist them in handling their responsibilities as an executor, especially when the executor is overwhelmed with grief and not accustomed to some of the required duties,” Osofsky explains, “If you find yourself in this situation, seek out an attorney knowledgeable in this process.” It will ease your burden, give you peace of mind, and may prevent needless family squabbles.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Nursing Home Residents Won’t Be Affected by Medi-Cal Budget Cuts

According to Elder Law attorney Gene L. Osofsky, of the law firm Osofsky & Osofsky, the fear factor is high among Californians that many of our Elders in nursing homes may be directly impacted by Medi-Cal budget cuts. While this isn’t true, for Elders not living in nursing homes the story might play out quite differently.
July 28, 2009, was the day when embattled California Governor Arnold Schwarzenegger signed the new budget into law. “Like most states, California has been greatly affected by the serious recession that began in late 2007,” says Elder Law attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, “and budget cuts to programs serving our Elders have not been immune.” Consequently, fears from Osofsky’s clients and colleagues about how residents of California nursing homes might fare in Governor Schwarzenegger’s controversial budget have fueled rampant speculation. Many California nursing home residents rely significantly if not primarily upon Medi-Cal to help pay for their care. But there is good news to be found. “Residents of California nursing homes won’t have their Medi-Cal subsidies for ancillary services such as dental and podiatric care directly affected,” explains Osofsky, “Although the budget cuts made to close the $26 billion gap will have a tremendous effect upon Medi-Cal programs for persons not residing in nursing homes, upon child welfare programs, AIDS prevention, adult day care, and low cost health insurance for low income children.”

Specifically, Medi-Cal funding to skilled nursing facilities has been penciled in at $96.4 million in the Governor’s budget, but a raft of caveats have been included in the budget as a whole. “There will be a reduction of $60.5 million in Medi-Cal county administration, and also a reduction of $47.9 million in the funding for private hospitals,” Osofsky says, “as well as limiting services to a maximum of three days per weeks – at a savings of $28.1 million – for adult day health care.”

These austerity measures are likely to adversely affect many Californians who may be Elders both directly and indirectly, depending upon their circumstances. “A few years from now, the ripples from these recession-beating budgetary maneuvers may prove more far-reaching than anyone first anticipated,” Osofsky concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Living Will Hyperbole Is Disingenuous to American Elders

In the so-called “town hall” meetings debating the Obama Administration’s controversial health care reform plan, shrill cries of “euthanizing old people” to characterize potentially productive doctor-patient conversations concerning end-of-life issues have distorted the discourse and may cause real harm.

The debate about health care reform, especially as it pertains to end-of-life issues, is becoming increasingly contentious in so-called “town hall” meetings across America. Various political luminaries such as former Vice-Presidential candidate and resigned Alaska governor Sarah Palin have been saying some things bristling with emotionally charged phrases. Palin released the following statement on her FaceBook page:

“The America I know and love is not one in which my parents or my baby with Down’s syndrome will have to stand in front of Obama’s ‘death panel’ so his bureaucrats can decide based on a subjective judgment of their ‘level of productivity in society’ whether they are worthy of health care,” Palin says, “Such a system is downright evil.” Palin continued, “Health care by definition involves life and death decisions. Human rights and human dignity must be at the center of any health care discussion.” Palin claimed that the Orwellian Obama plan would surreptitiously herd elder Americans into euthanasia and assisted suicide via rationing of medical treatment.

But does President Obama’s health care reform initiative really do what she claims? In fact, the plan, although controversial, encourages potentially productive doctor-patient conversations concerning end-of-life issues which may indeed be relevant to most anyone. The proposal’s language was designed to encourage doctor-patient conversations, but it was taken out of context and distorted beyond recognition for political advantage. In fact, a Living Will is good for individuals, and good for the country. It gives people essential choices about how they choose to end their days. It puts Americans in control of their destiny. Most attorneys already discuss these issues with their clients when preparing estate plans. Doctors often have these discussions now with their patients. The proposed health care reform bill will now enable the doctor to be paid for spending the time to help patients think through these important decisions. When the President’s mere mention of living wills used as a fear tactic to senselessly frighten our elders , the tactic is not only dangerously disingenuous, but may actually cause real harm. It may discourage essential conversations between doctor and patient. Proactive Elder Law attorneys continue to encourage their clients to create a Living Will or an Advance Health Care Directive – before it’s too late. Under the plan, doctors and their patients will now be encouraged to have this conversation, as well.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Family Fireworks: When a Last Will and Testament Becomes Contested

Even the most congenial of families can fight like wolverines when a Last Will and Testament is contested. For this to happen, they don’t have to be from Michigan.

A Last Will and Testament is a legal declaration by which a person names one or more people to manage their estate and provides for the transfer of property upon death.

Death is inevitable. But a careful choice in selecting an executor is seldom a given, especially where property and money are involved. During life, families may seem to get along fine, but the mixture of the death of a loved one, considerable property to be disbursed, and an executor who seems unfair or biased -- can be a recipe for conflict. The living, prior to their passing, don’t always write out their wishes in clear and concise ways. If there is uncertainty in a family about what might occur upon the death of a patriarch or matriarch, for instance, the atmosphere following death can become an emotional war zone.

Family dynamics can disintegrate into shouting and resentment. Such family “fireworks” have little to do with the 4th of July, and can have long-lasting impact upon family relationships. Seemingly devoted family members fighting like wolverines don’t require an alumni card from the University of Michigan.
Unresolved disputes can result in a will contest. That contest can take on a life of its own, with potentially grim consequences for family harmony. Emotion often outshines logic in these contests. Where disputes occur, the litigation process can stretch out seemingly forever and become very expensive. For this reason, when preparing your Last Will, serious thought should be given to the selection of the best person to serve as one’s executor.

The best executor is one that approaches his or her duties professionally, with tact, with due regard for family dynamics, and with professional guidance from a knowledgeable attorney. If a will contest nevertheless does occur, at least it should then be grounded in a semblance of law and fair play. For this reason, it is important to choose the best person to serve. If you or someone you love is named as an executor, it is imperative that you engage a knowledgeable attorney early on in the probate process in order to help manage the proceedings, mediate expectations, lend assistance and guidance to the executor, and hopefully minimize family friction. By doing so, you just might preserve the very loving family of which the deceased was so fond.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Accidents Have Consequences

Gene L. Osofsky, who specializes in Elder Law, advises that while you can’t always be protected from accidents, you can often mitigate their consequences.

Some people are accident prone. It’s often a matter of luck, being in the wrong place at the wrong time. Sometimes what seems to be an accident isn’t really one; it could have been prevented by better planning or care. But sometimes an accident is just that, unavoidable. “Who hasn’t had a computer crash without warning, or a pipe break in their basement, flooding it?” asks Attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, who specializes in Elder Law. Events don’t always go right, and sometimes an important paper or a document can be accidentally misplaced and lost with the passage of time. “I’ve misplaced things,” Osofsky admits.

This can even happen with crucial estate planning documents, most significantly after they are executed. “My clients have been known to misplace things too,” says Osofsky.

To prevent such avoidable mishaps, Osofsky offers some advice.

“You should always make copies,” he says, “and these should be kept separate from your signed originals. Photocopies should be made and placed where they can easily be found by your agents. A closet in your office or a bookshelf in your library can be ideal for storing photocopies.”

Original documents should be placed somewhere safe from easy theft and in a place that’s less susceptible to natural disasters, such as fires or floods. “A home fire-safe can be an excellent investment,” Osofsky says, “I also like safe-deposit boxes, although the box should be in the name of the established trust rather than your own.” Agents and fiduciaries should have extra copies of essential documents “just in case.” Adds Osofsky, “Don’t forget your Advance Healthcare Directive and your HIPAA Privacy Authorization.” Your nominated guardians should have the original document allowing them “to make health care decisions for your minor child should you become unavailable,” he concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Michael Jackson’s Will

The last will and testament of pop music superstar and cultural icon Michael Jackson seemed to indicate a fair degree of planning. Yet the specifics remain murky and many questions remain. Gene L. Osofsky, who specializes in Elder Law and Estate Planning, offers a few insightful comments about what the famous entertainer left behind.

Attorney Gene L. Osofsky, of the law firm Osofsky & Osofsky, was as much taken aback as the rest of us by the sudden and premature death of pop music superstar and cultural icon Michael Jackson at the age of 50. Unlike many middle-aged “baby-boomers,” Jackson did have a will drawn up, and it was even made public. The document aroused Osofsky’s curiosity. Like millions of Americans, the attorney specializing in Elder Law was somewhat familiar with the publicized particulars of Jackson’s turbulent life, and the release of a will was not entirely unexpected by Osofsky. “There was considerable media speculation about Michael Jackson and his will, and it seemed logical that he’d created one.” The will was five pages long, and shifted Jackson’s entire estate into an instrument called the Michael Jackson Family Trust. Still, it revealed little about Jackson Estate specifics or instructions about how his estate would be handled.

Jackson’s will wasn’t exempt from the law. Although a will can remain private while a person is alive, it becomes a matter of public record once it is submitted to the probate courts after a person dies. But a trust is usually a private document, and in most cases remains private. In Jackson’s case, the financial details are presumably all in the trust. There was a detail on page 4 of the five-page document that did catch the attorney’s eye. In paragraph 8 of his will, on page 4, just above his signature, Jackson states, “If any of my children are minors at the time of my death, I nominate my mother KATHERINE JACKSON, as guardian of the persons and estates of such minor children. If KATHERINE JACKSON fails to survive me, or is unable or unwilling to act as guardian, I nominate DIANA ROSS as guardian of the persons and estates of such minor children.”

Asserts Osofsky, “Whatever odd or inexplicable things Jackson may have done during his life, he seems to have taken steps to provide for his children’s care, financial needs and privacy after his death. That’s more than I can say for a lot of people.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

The Scamming of Our Elders

It happens as much through e-mail as it does through postal mail or via telemarketing calls these days. You receive an offer you can’t refuse promising riches or else alleging that you’ve already won. If it seems too good to be true, it usually is.

You’re checking your email. A message from someone you don’t know has arrived. They’re begging for your help. The situation might seem contrived or even preposterous, but you are tempted. You can’t help reading it. Your experience in growing up during the Great Depression has instilled a spirit of always wanting to help someone in need, and this message is even better: If you do help this person, providing information about yourself or your finances, sending some money, the writer promises that you will be rewarded many times over. You fall for it. Perhaps you succumb more than once.

Sometimes a postal mail, email, or telemarketing call identifies you as a lottery or contest winner. It doesn’t matter that you never entered; this fact is clouded by the fact you’ve won. Why would someone tell you that you’ve won something when you haven’t?

Because, as is too often the case -- you’ve been scammed, that’s why. Less sophisticated online than many younger people, and vulnerable also to cheats in the “snail” mail, American elders are often victimized by fraudulent scam artists eager to separate them from their money. Duped elders have lost assets acquired over a lifetime – sometimes losing tens or hundreds of thousands of dollars.

With the Internet’s global reach, African countries like Nigeria and Sierra Leone have emerged as “scam industry centers.” Elderly victims tend to fit a profile. They often live alone, may have recently lost a loved one, or may be experiencing the early signs of diminished capacity. Besides routine crime prevention steps that can be taken to protect a loved one, an attorney specializing in Elder Law can establish some protection from con artists by building effective language into trusts and estate plans. In extreme situations, a trusted family member can be given power of attorney over bank accounts and financial matters. But being scammed can be painful for young and old alike.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Caregiver 360®: The Caregiver’s Gal Friday

This interactive Web service can be a personalized care guide for caregivers so that your loved one may receive state-of-the-art 24-7 care in the comforting environs of your home.

Ken Ziel came to the nuts and bolts of compassionate care the hard way. When his son Austin was born in 1990 with multiple disabilities, he was fearful that his son would not be approached with the same level of skill, compassion, and love that he and his wife could provide. Among other things, Ziel learned that without individualized instructions or personalized care guides, the very act of providing care could prove problematic.

Enter the system Ziel invented, Caregiver360®. An easy to use interactive Web service that assists in creating a safe and secure Personal Care Guide, it can serve as a comprehensive database of intimate experience, knowledge, and specific needs of your loved one. Besides providing immediate access to this personalized care guide, this Web-based service (economically priced at < $10.00 per month) makes available ample caregiving resources through a searchable online library. Testimonials on Ziel’s website address a potpourri of circumstances where hiring at-home caregivers and complementing their efforts with Caregiver360® might prove practical – children with chronic illness, adults with developmental disabilities, compassionate Alzheimer’s care, assorted elder issues, and persons suffering traumatic injuries such as brain stem encephalitis.

When you’re faced with a loved one in need of 24-7 at-home care, just getting away for an afternoon or evening can be a hurdle. It can be an even greater challenge to plan care for your loved one’s future if you were to become incapacitated or pass away. Locating and hiring a caregiver qualified and skilled enough to address your loved one’s needs is difficult enough. But that carefully selected caregiver will need detailed lists of instructions so that all your best intentions concerning your loved one’s needs are addressed, including a litany of “what ifs?” Caregiver360® can keep a record of all details, regimens, and instructions including prescriptions and medications, and update and communicate that information as circumstances change. To have this comprehensive record linked to the latest research, resources, and best-practice recommendations at the click of a mouse can be a comforting resource.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

The Time to Update Your Estate Plan Is Now

Gene L. Osofsky, of the law firm Osofsky & Osofsky, asserts that the "when" to update your estate plan is now – especially if you're a procrastinator.

You thought you were clever when you created an estate plan in the mid-1990s, and you were, for the time being. But now your estate plan documents are contained in a bank's safety deposit box, gathering dust until they're needed. Nothing has changed since 1994, right? Right, if you inhabit a vacuum and your family has not grown or changed in any way, and if suspended animation has become your form of existence. According to Gene L. Osofsky, such an existence is more likely in the genres of fantasy and science fiction, but seldom in real life. "If you are living as most people do, changes occur whether you want them or not. There are several reasons to update your estate plan – even if it seemed perfectly fine at one time."

The passage of time: "This is actually the most common reason people update their estate plans," Osofsky explains, "You are entitled to change your mind if a more sensible idea comes to mind. If you named your parents as trustees when your children were minors, you might wish to name your now 37-year-old son instead, especially if that much time has elapsed. No disrespect intended to your mom and dad, bless their souls, but now they're in their early 90s! In addition, certain documents should be re-executed to avoid being perceived as stale."

The birth or death of a beneficiary or fiduciary: "If you have new children or grandchildren, or a parent or sibling has passed on, it's time to update," Osofsky says.

Your own marriage or divorce, or the marriage or divorce of one of your beneficiaries: Says Osofsky, "It's time."

Moving to a new state: "Tax, health care, and estate planning laws vary from state to state. If you don't take this into account, you or your descendants might be in for some rude surprises," Osofsky insists.

A significant change in your financial status, or in the status of your business: "Your estate plan reflects the size and nature of your assets when you created your original documents. Different strategies might be more effective as the configuration of your estate changes," says Osofsky.

Changes in tax law: "Back in the 1990s, A-B trust splits were in common use on the first death in order to minimize estate tax. With increasing exemptions, those trust splits may no longer be necessary for the estates of most couples," Osofsky asserts.

But if none of the above has happened to you, you may be one of the few for whom updating your estate plan is no longer necessary because your procrastination has entered the realm of suspended animation.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Setting Up a Trust for a Child You Love

Gene L. Osofsky, of the law firm Osofsky and Osofsky, can help you establish a trust for your non-adult beloved child.

There are advantages and disadvantages to establishing a so-called "kid's trust." Gene L. Osofsky, of the Law Firm Osofsky & Osofsky, is a great person to help you figure out the pros and cons. Advises Osofsky, “It may be worthwhile to prepare a trust for a minor child even if you believe your estate is relatively small and your significant assets are few." Often, just being the beneficiary on an insurance policy may warrant a trust for a child. According to some experts, every parent should consider a trust for their non-adult child, or children.

It's often overlooked that children who are minors cannot legally inherit large sums of money directly or as indirect tangibles such as a vehicle or proceeds of an insurance policy. If a parent dies and attempts to leave a large sum directly to a child not yet of age, the court will intervene and appoint a guardian to manage the inheritance for the minor child. "This guardian may not be the trusted friend or relative whom you might have preferred," Osofsky says, "But if you engage an attorney during your lifetime to help you establish a trust; your child may be spared from having to grow up with an additional layer of bureaucracy impeding them as they mature into adulthood. Without a court-appointed guardianship to worry about, in effect you gain control over how your gift of money is controlled and spent – even if you are no longer physically around."

According to Osofsky, other benefits of creating a trust for your minor child may also come into play. "Your trust may make arrangements to pay for said child's education, delay the age when your child has outright access to the money, or even reduce applicable taxes," he explains. But choosing the appropriate trustee is also crucial. "You need someone reliable, detail-oriented, and great at handling money," Osofsky says. If that combination seems daunting, perhaps consulting with a specialist in Elder Law matters (like Osofsky) may help you decide.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Home Sweet Nursing Facility

Removing your loved one from the familiar environs of home and moving them into a nursing 'home' or facility can be a gut-wrenching experience. It doesn't have to be.

When you or a loved one are forced by age or circumstance to move from "sweet home" into "sweet nursing facility, " it can be a most agonizing decision. But there may be ways to make those decisions seem less daunting.

It is understandable for a family to experience a degree of apprehension when the comforts and familiar nuances of home are exchanged for the unknown, where your loved one is suddenly dependent upon others for their daily needs after a lifetime of relative independence. The most well-meaning nursing home staff is, when you get right down to it, comprised of strangers. Imagine how you would feel suddenly placed in a nursing home full of strangers especially if your next generation of friends and family are living too far away to easily visit. This predicament is a reality faced by many elders.

To ease the transition, and to monitor an elder's care as they're placed in a nursing facility, an attractive option for many families is hiring a Geriatric Care Manager. So-called GCMs can be a valued resource for elders and their families – an insider who knows the ins and outs of the system and can navigate effectively, matching the best care and services to each individual's situation. But some families are asking their GCMs to stay in the picture even after gramp-pa is settled and acclimated to the nursing home, so that he continues to receive the best possible care. GCMs sometimes recommend the hiring of professional caregivers to check in with your loved one periodically, perhaps weekly or even daily, as required.

An excellent resource for finding a Geriatric Care Manager in your area is the National Association of Professional Geriatric Care Managers, which can be Googled. If the time is fast approaching but it's not here yet, a call to your resourceful Elder Law attorney might be in order. Ask him to include a mention of the GCM preference in your estate planning documents or other relevant instructions.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Hospital Privacy Rules Can Be Exasperating

Being confronted with hospital privacy rules while you or a loved one are hospitalized can drive one to distraction, but a little planning may help ease your exasperation.

Recently a friend of mine was hospitalized for a gallbladder procedure. Going to visit her to lift her spirits sounded like a good idea initially, but when I somehow ran afoul of the hospital's stringent regulations regarding visitors, my best laid plans went awry. After several attempts, I gave up. My grievous error was mentioning her by name to the "wrong" nurse, and in so doing I'd violated my friend's privacy. The hospital perceived me as a threat, simply because I have a rather loud voice. Later when my friend wondered why I hadn't gone to visit her, I explained, but my excuse seemed inadequate to say the least.

If you or someone you care about has been hospitalized recently, you've discovered that strict rules regarding patient privacy exist at most hospitals. Sometimes bordering on the Kafka-esque, these arbitrary regulations can seem like bureaucracy run amok, and in worst case scenarios, can shut out patients from visitors entirely. Hospital staffers are prohibited from dispensing information about patients to extended family members and friends, if not also to closer relations who may not possess proper identification. A frustrating trap of "Catch-22" can dramatically increase anxiety levels as information about people you care about is kept "confidential," sometimes for no apparent logical reason except for the hospital's self-centered liability concerns based upon strict laws regarding privacy.

Getting around strict privacy laws, however, is a doable proposition if you enlist the aid of an Elder Law attorney. A reputable Elder Law firm can suggest options that work and are perfectly legal. A comprehensive Health Care Directive and a signed HIPAA Authorization might be considered admission tickets to visiting your loved one or else a viable way to ensure cooperation of hospital staffers when you need it most. But creating these documents must be accomplished with planning and a bit of finesse, a fait accompli prior to you or your loved one ending up in a hospital.

An estate plan created by an Elder Law attorney would likely include not only financial documents, but also the precise documents needed to honor your wishes pertaining to medical care. If you wait until the hospitalization is upon you, however, your procrastination can leave you at the mercy of hospital staffers who may be sticklers for adhering to the letter of the rules regarding privacy.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Elder Law Expert Weighs in on U. S. Healthcare Crisis

Gene L. Osofsky of the law firm Osofsky and Osofsky asserts that U.S. medical care has become a "mountain of cost."

Elder Law attorney Gene L. Osofsky, like many Americans, recently read a feature article in the April 27, 2009, issue of The Nation that gave him pause. The article, entitled "A System from Hell" by Kate Michelman, detailed the tragedy of a family that, despite possessing adequate insurance coverage, has nevertheless been pushed to the brink of destruction." Her young adult daughter was paralyzed when a horse fell on her; her husband, who had been diagnosed with Parkinson's Disease, was then crippled and lost any hope of independence in the twilight of his life, after shattering his hip; and now the mounting medical bills keep on exacting a terrible toll – all this happens to a responsible couple who had seemingly prepared for health-related contingencies. How could this happen in America?" Osofsky asks. Michelman's husband was placed in assisted living after surgeries and hospitalizations for his fractured hip. Ironically, the couple had thought to purchase private long-term care insurance years before their crisis, but although their insurance plan nominally covered long-term care, it did little to address her husband's long-term care in respect to its actual costs. "How does one plan for a situation such as this? Kate Michelman certainly thought she and her husband had planned for every eventuality – she is a well-known and well-to-do public figure, he was a tenured college professor, they had excellent medical insurance, even long-term care insurance, and still it wasn't enough," Osofsky says, "They still found themselves on the brink of losing everything."

According to Osofsky, Michelman's story is frightening "precisely because it could happen, and is happening, to any of us." The unfortunate truth about medical insurance, long-term care insurance, and Medicare/Medi-Cal for those who qualify, is that they often cover "most of the cost" of medical treatment and rehabilitative care. Asserts Osofsky, "Most is woefully lacking when we must face the awful reality of how high the costs actually are. Deductibles, co-payments, share of costs, and uncovered services have become a huge personal obligation, a black hole of debt where accumulated life savings can disappear in a heartbeat." Is there a solution? The key is to enlist the help of committed experts who know how to navigate the convoluted worlds of the medical industry, insurance industry, and government benefit programs. Osofsky suggests "finding professionals who can help you build a plan to make the best use of those systems and what they offer." But even that's not a complete solution. Something needs to change. Concludes Osofsky, "Medical care in the United States has become a mountain of cost that even the young and the healthy ignore at their own risk."

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

2006 California Case Disqualifies "Care Custodians"

Gene L. Osofsky, of the law firm Osofsky & Osofsky, explains how being regarded as a "care custodian" may disqualify a person from being a beneficiary of a testamentary distribution.

"It might seem counterintuitive," says Elder Law specialist Osofsky, "but according to a 2006 case decided by the California Supreme Court, being designated as a 'care custodian' of a dependent adult, may actually disqualify such persons from receiving testamentary bequests." Adds Osofsky, "Only if the person making the testamentary bequest engaged a separate attorney to conduct an Independent Review and affirm that the testator was of sound mind and knew what he was doing, could the bequest be upheld." The law seeks to protect dependent adults from coercive beneficiary disbursements made under duress or as the product of overreaching or undue influence. In certain care settings, California law presumes the naming of a care custodian as a beneficiary of one's Will or Trust to be coercive actions assumptive of an unscrupulous care custodian and therefore void.

The case of BERNARD V. FOLEY (decision handed down August 21, 2006) found that unrelated friends providing ongoing health services to a dependent adult were "care custodians" under the relevant state statute and were therefore disqualified from receiving a testamentary distribution. James Foley and Ann Erman were longtime friends with Carmel Bosco. Ms. Bosco lived with them for two months prior to her death. Foley and Erman assisted her with her daily needs, including preparing her meals, helping her bathe, changing her diapers, and administering oral medications. Three days before she died, Ms. Bosco altered her living trust to make Mr. Foley and Ms. Erman each 50 percent beneficiaries. They had not previously been beneficiaries of the trust.

But Ms. Bosco's relatives protested. Petitioning the court to invalidate the amendment, they argued that Mr. Foley and Ms. Erman were disqualified from receiving a testamentary distribution because they were "care custodians." "Under California law, there is a presumption that donative transfers to care custodians are procured by undue influence," explains Osofsky, "The state Supreme Court merely affirmed that a 'caregiver' under the statute could even be a friend who renders care to a dependent adult without compensation." According to the Court's decision, the definition of custodial care includes uncompensated or nonprofessional care and there is no evidence the legislature intended to make an exception for preexisting personal friends who provide health care services. Concludes Osofsky, "Elders have to be protected from people who would provide them with unprofessional care simply as a pretense to inheriting their assets. The very fact that they require such care puts them in an extremely vulnerable position." But even this can be less than ironclad. "Sometimes persons have legitimate reasons for wanting to make bequests to their non-family member caregivers. In California, this essentially requires two attorneys to be involved, one to perform the Will or Trust and a second to conduct the Independent Review. Is this a trap for the well-intended?"

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Pros and Cons of Joint Accounts

Probate can be a difficult process. But using joint accounts to avoid it may not always be a good idea.

If you are thinking that joint accounts are a foolproof way to escape probate and funnel dollars to loved ones as a sort of "poor man's estate plan," think again. Circumstances exist when a joint account is an excellent option. But the instrument has its pitfalls as well, and if misused or entered into without caution, joint accounts can pose serious risks. Adding a loved one to a bank account may seem like a prudent action, but such actions can impact Medicaid planning or even make your account "fair game" for your loved one's creditors.

Applications for Medicaid long-term care coverage can be tricky. States are obliged to examine the applicant's assets to determine eligibility. Although a joint account may include two or more names, states tend to make the assumption that the applicant is the owner and entirely responsible for the total funds in the account, irregardless of who might have contributed to the account. Imagine your name is on a joint account. You enter a nursing home. The state is still likely to assume that the account's assets are yours – especially without proof otherwise. Realize also that proving anything is a lot more difficult from inside a nursing home, or even an assisted living facility, when you might not have ready access to your papers and files as you did within your home sweet home back when you were well and able.

It can get worse. What if you or the other joint owner of the account decides to take monies out of an account that is already under state scrutiny? This can be perceived as "improper transfer of assets" for Medicaid purposes, which may have an adverse effect upon your eligibility. You or the other joint owner could become ineligible for Medicaid for a period of months or perhaps years. In fact, if a joint owner is removed from an account, it can appear suspicious to investigators. Example: Your parent enters a nursing home. You decide to remove your parent's name from the joint bank account. Again, this simple action, prudent on its face, can be construed as an improper transfer of assets.

Remember that an account remains exposed to all the account owners' creditors. If your son is added to the account and falls behind (or worse, defaults) on his credit card debt and gets sued, guess who is on the hook? Under laws currently in effect, a credit card company can confiscate the money in your account to pay off your son's debt. Another pertinent question revolves around trust. Can you completely trust the person you are adding?

Viable alternatives to joint accounts do exist. A consultation with your attorney specializing in Elder Law may suggest a durable power of attorney or else a well-considered trust instrument. Seek out a qualified Elder Law attorney near you.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Great Recession of 2009 Makes Power of Attorney Essential

The Durable Power of Attorney is no longer a luxury. For your Elder Law counsel, it has become essential.

It is the worst economic downturn since the Great Depression of the 1930s. The decline and associated roller coaster ride on Wall Street has made durable power of attorney into not just a luxury when it comes to planning your estate, but an absolute necessity. Some Elder Law attorneys have come to view the instrument as even more integral to contemporary estate plans than a Will or Trust.

A Dow Jones newswire column is a case-in-point. It presents the cautionary tale of a female elder who had recently lost half of $6 million in savings. The losses were incurred almost entirely on the stock market. The woman's woes only intensified when she became incapacitated, and her relatives were stymied when attempting to shift her investments, becoming increasingly frustrated as various remedies were attempted as damage control measures. But they lacked legal authority to take these corrective steps. An inherent irony was that the woman had once executed a power of attorney in case she ever were to become incapacitated, but the issue had become moot as the person she'd nominated had died and she'd neglected to name a successor. If dead men (or women) tell no tales, it's also true that dead friends, no matter how trusted, cannot follow through with their power of attorney responsibilities.

Such columns have also tackled what many consider to be the thorniest question when executing a power of attorney. Is there someone you can actually trust with this power? Trust is always a thorny issue, but perhaps it is better to avoid naming someone if one-hundred percent trust has yet to be established. In fact, the powers of attorney instrument has become the subject of frequent "horror stories" in recent years, especially since the onset of our current Great Recession. In fact, exploitation of vulnerable elders by rascally persons misusing their powers of attorney roles is becoming epidemic.

But this doesn't make the instrument less necessary in these difficult times, assert Elder Law experts such as Gene L. Osofsky. If someone trusted can be found, and if proper safeguards are in place, such as deciding who retains originals of the power of attorney document prior to when the instrument may be needed, then it can work well indeed. A power of attorney can take effect immediately or can become effective only when the subject is incapacitated as defined in the document and confirmed by a physician. In 2009, the need for a durable power of attorney has never been greater.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Keeping Your Living Trusts and Estate Plans Current

The Osofsky Law firm urges clients to review their estate plans or living trusts to keep them current. Even economic conditions occurring in the U.S. can greatly alter your original intent.

Revocable "living" trusts can be a prudent estate planning device, but must be kept current. Prior to the 2001 changes in the tax law, the personal lifetime exemption from estate tax was $675,000. Couples often based their plan design on that rule. But when the exemption was increased to $3.5 million, the playing field changed. In fact, many couples had not updated their trusts to accommodate this change. "The tax landscape had been dramatically altered since many couples originally designed their trusts," says Gene L. Osofsky, of the law firm Osofsky and Osofsky. There were other differences in those pre-2001 documents. "Many of these older trusts contained directions to split the trust estate into mandatory sub-trusts upon the death of the first spouse. This mandatory split was usually 'tax driven' and designed to preserve each spouse's personal exemption, and thereby reduce or eliminate estate taxes over the span of two deaths. The ultimate goal was to transmit the maximum gift to the couple's remainder beneficiaries, usually their children," Osofsky explains. When the exemption amount changed, these trust provisions became archaic, or else applicable to much larger estates. Sometimes in the aftermath of the change, with an out-of-date document in hand, the surviving spouse's access to the couple's original assets was restricted without a corresponding tax benefit ensuing.

An admonition to draw from all this would be difficult to hear. Married couples who have created Revocable "Living" Trusts prior to 2001, as well as many who had created such documents afterwards – especially by non-attorneys and by so-called "trust mills" -- would be well advised to have their trusts reviewed by a competent professional.

More recently, a severe recession has created similar issues for estate plans, to the extent that they were designed with higher asset values in mind. Trusts should also be reviewed, even if is of recent origin. While the estate tax rate is 45% under current federal law, it stands to be eliminated in 2010, then scheduled to be increased to 55% in 2011 even as the exemption will be reduced to $1 million. Says Osofsky, "While the markers are present in the political landscape to likely reinstate the taxed estate rate at 45% in 2009, while keeping the $3.5 million ceiling intact, it's not exactly clear if this will actually happen."

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Protecting Your Online Persona

The Osofsky Law Firm is always seeking innovative ways to make their estate planning services stay ahead of the curve. With the ubiquitous nature of Internet access, provisions need to be made for the distribution and availability of login credentials, in the event of incapacity or death.

Gene L. Osofsky, of the law firm Osofsky & Osofsky, has given thought to helping clients distribute their Internet passwords and online information in the context of estate and long-term care planning. He's become preemptive about the subject. "It's occurred to me that in preparing their estate plans, preparations should include some mechanism for transferring login credentials, like user names and passwords, and perhaps other online information they'd want disseminated should they be laid low by incapacity or death, or should a loved one become similarly afflicted or die," Osofsky explains. The noted Elder Law attorney adds, "This could be pretty important. You or a loved one might have information on social networking sites such as YouTube or Twitter, for instance, and might want it removed, modified, or made accessible, according to personal wishes. What would happen to this information in the case of incapacity or death if you were no longer able to manage it?"

Companies such as Legacy Locker (www.legacylocker.com) are beginning to sprout up to address such needs. "While persons could certainly write down their passwords and pertinent online information on a piece of paper, companies like Legacy Locker (others will certainly follow suit) have taken such matters to the next level. Legacy Locker even provides a private letter to whomever the deceased wishes as a kind of final online testament," Osofsky says. But Legacy Locker and other online vendors might not work for everyone. Many people might be justifiably reluctant to share their Email accounts or social network profiles. A potentially better solution might be an "online info" Confidential Insert prepared by your Elder Law attorney, the information contained therein transferred while you or your loved one are still of sound mind. This insert would contain all user names, passwords, and other information for on-line access that you or your loved one deem appropriate or essential in the event of incapacity or death. You'd establish clear instructions concerned with the terms and particulars involved with its release. What could be better than that?

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

The Wisdom of Leaving a Video Legacy

Elder Law attorneys are increasingly including video and other forms of tangible legacy as part of the estate plans they prepare.

An estate planner’s office must necessarily be about death, but it should also be about life. In everyone's lives are personal and extraordinary stories which are there for the telling, and if expressed well, might live long after our lives have ended. Additionally, elders have so much life experience and wisdom to share and pass on, and in many respects, the loss of this precious history may be as tragic as their passing itself. In fact, what goes for our elders is also true for any of us; especially if death occurs prematurely, or even if life continues only marginally, its quality diminished or nearly extinguished due to unfortunate circumstances.

When you sit down to create your estate plan, think not only about how to pass on your assets, but also how to pass on your unique family stories and wisdom. After all, the silver flatware may go back to your great-great grandmother, but the story behind it is what makes it such a valuable family heirloom.

With the easy use and availability of digital video technology, exciting opportunities suddenly exist to document the stories and experiences of loved ones among us, while they still can live and breathe and share. If you or a relative feel that you do not possess the expertise to do this loving task justice, you might consider hiring a documentary filmmaker or skilled videographer and interviewer, to record your loved one's life stories while you have the chance.

The interview can be as simple as audio taping life experiences and colorful stories. A poignant story comes to mind involving the 12-year-old son of a journalist and filmmaker. This charismatic and engaging boy would visit the elders in a nearby rest home with tape recorder in hand, determined to impress his beloved father with the extraordinary stories he'd recorded. The boy himself was killed tragically at age 13, but the stories he had gathered remained, treasured in their own right as a reminder of the youngster's remarkable personality.

If funds are available, a competent writer specializing in biographical writing might be hired to create a well-written and engaging account of a wondrous person who once lived, breathed, and was loved. What an extraordinary addition to any estate plan!

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Don't Let Your Loved One's Online Passwords Get Lost

Recording and saving online passwords in a safe place should be a foremost consideration and an integral part of long-term care estate planning should your loved one become incapacitated or die.

Even a decade ago, the keeping of gateways and access providers, such as passwords, must have seemed inconsequential to those charged with drawing up estate plans. That was before the advent of Twitter and YouTube, and all of the online banking, asset management and the like -- when passwords to access these services hadn't become such pervasive reminders of our recent technological prowess. Passwords have become ubiquitous enough that even our beloved elders use them liberally. The access codes are required for accessing almost everything on the World Wide Web, spidery as it is, and for most of us, our computers, hand-held devices, and other electronic gadgets that we're constantly using are often locked from intruders (meaning anyone) until a user name and password are typed in.

Much of this secrecy is due to legitimate concerns and is extremely well-intentioned. Files and histories of sites that we visit on our computers are meant to be private. In the most ordinary sense, who wants the world to know every facet of our business? But by the same token, all of us have experienced the utter frustration that quickly develops if a password is suddenly misplaced or forgotten. Forgetting them is more common, considering that we may have so many, not just a few. But what if someone you love or know is laid low by incapacity or death, and the location or memory of these precious codes for navigating the Internet is suddenly gone?

This is no longer of little consequence. To a caregiver or family member responsible for a loved one, or more pointedly, for their affairs, access to certain information can be critical. Simply writing down a password on a scrap of paper may not be enough. While there is no easy solution for this problem, certain companies like Legacy Locker are attempting to address a burgeoning need. This site allows users to input their login credentials for the web services they access, where they are then kept safe until notification of the login info's owner and relevant family members in the event of incapacity or death. Users can select which account information will be distributed and to whom. Such a service might seem like a good idea, but many people would be justifiably reluctant to share their Email accounts or social network profiles. What might work better for some would be an "online information" Confidential Insert added to an estate plan, which you'd provide directly to your Elder Law attorney, in connection with the preparation or update of your estate or long-term care plan while you are still of sound mind. This Confidential Insert would contain all passwords and other information for online access that would later be needed by your trusted agent, successor trustee, or executor. You would set the terms of its release. Alternatively, you might entrust this insert to your spouse, adult child, or other trusted person.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Caregiver Agreements: A Creative Solution to the Elder Care Dilemma

Caregiver agreements can be like a family-based insurance plan – creatively ensuring that elderly family members receive the loving care they deserve.

Your frail mother is still beloved but she's 92 and requires home care. Caring for her is a labor of love, but difficult work; even when she smiles. Besides the tedious and unrelenting requirements involved, the "job" of caring for her can be a severe financial strain on the child. Studies have shown that a child serving in the capacity of primary caregiver can lose 75% of potential earnings during every year that the"job" of caring for their parent continues.

What if there existed a creative solution to your elder care dilemma? Caregiver agreements – formal contracts under which relatives are hired to care for elderly family members have been around for decades, but with the current economic downturn, an increasing number of families are choosing this option. This is good news, because caregiver agreements come with a number of benefits, not the least of which is that money given to a son or daughter under a caregiver agreement is not considered by the government to be "a gift" when an elderly person is attempting to qualify for Medi-Cal, Medicaid, or other public benefits. Another plus is psychological: to an aging parent, the idea of being cared for by a trusted family member may be especially meaningful. The contracted arrangements may also ease tensions and resentment among siblings, if for example, one child is rendering the lion's share of the care.

The caregiver agreement must be in writing and it should be carefully crafted, preferably by an attorney specializing in Elder Law. There are also tax consequences. These agreements are legal contracts; should include details such as the cost of services with each service itemized; and the duties that the caregiver will be performing, spelled out in clear language. Authorizations for medical or financial decision-making should also be clearly described, especially if making medical and physical decisions will be part of the caregiving duties, those powers should be separately set forth in Durable Powers of Attorney for finances and Advance Health Care Directives for medical issues. Perhaps most crucially, the caregiver contract must be executed before the caregiver receives any compensation. If this final stipulation is ignored, a caregiver agreement could lead to a crisis instead of a solution.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Is Planning to Access Public Benefits Ethical?

Not only is such planning "ethical," in many cases it may be essential. It might even be considered a form of tax planning for the middle class.

While longevity is increasing for both men and women, people are suffering from more debilitating diseases, and requiring more long-term care than ever before.

The cost of that care promises only to increase; and, were it not for the Medicaid Program (called Medi-Cal in California) created by Congress, many Americans would be without the means to pay for that care or would risk financial ruin. Seniors and their families deserve to live and age with dignity. They should not have to choose between securing necessary care and financial ruin. Indeed, providing a payment source for seniors and the disabled to cover long-term care expenses was a social policy decision made by Congress years ago.

Avoiding impoverishment by taking steps to qualify for an available long-term care subsidy may require planning and the services of an Elder Law Attorney.

Is this ethical? Think of it this way: The wealthy plan their affairs and design their business strategies to minimize their tax burden. They may hire a team of expert financial advisers, accountants and attorneys to assist them in their efforts. Their success is applauded and the creative efforts of their "team" members are often highly compensated. When logic is applied, what is so different about the middle class planning their own affairs in a similar fashion, in pursuit of benefits to which they are entitled? Except for an inherent class bias favoring the wealthy, the answer is nothing. The impact upon the public treasury -- whether the planning involves tax avoidance, or securing a Medi-Cal subsidy -- is precisely the same. Such middle class "tax planning" is not only ethical, it is becoming absolutely essential.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning.To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Developing a Long-Term Protection Plan

The Osofsky law firm offers estate planning with a long-term care twist. Spouses should create a Long-Term Care Protection Plan for each other, before a lingering illness happens, just in case.

Gene L. Osofsky, of the law firm Osofsky & Osofsky, is frequently consulted about asset preservation techniques in connection with Long-Term Care Planning. Senior couples often ask how they might protect each other if one of them were to be afflicted with an incapacitating illness or lingering condition during their final years. The questions are often not about sudden death, or even about dying, but about surviving and needing extended long-term care.

Long-term care often entails devastating financial costs associated with placement in a nursing home facility. Asserts Osofsky, who specializes in such elder care issues while serving California's East Bay area, "This is a real concern, as nursing home expenses average $7,500 per month in our community, and are likely to only increase over time. This concern is all the more real for those who have experienced the financial and emotional devastation that such expense can cause, perhaps by having to help a parent or other loved one meet those costs."

The good news is that Osofsky & Osofsky has developed a very special plan that deftly addresses those concerns, as well as the more traditional question of "Who gets our stuff if we should both pass on?" The plan is called the "Spousal Protection Plan," or SPP.

Osofsky's SPP incorporates special powers into the traditional estate plan. One of the spouses is designated the "Well Spouse" and is authorized to seek a government subsidy for the ill spouse's nursing care under the Medi-Cal program, and to take steps during their lifetime to protect the couple's estate from "payback" after the demise of both spouses. By taking these steps, the SPP is designed to minimize or avoid the financial devastation to the couple's savings, investments, home, or other estate assets, and thus avoid impoverishing the "Well Spouse" while protecting their children's inheritance

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

When It's Too Late for a Spousal Protection Plan

Osofsky & Osofsky offers crisis-engendered legal options when your spouse has already become incapacitated.

Harry and Joan have been married for fifty-one years. Last year, they celebrated their Golden Wedding anniversary. They'd accumulated a modest "nest egg" over their working years, but a tragedy common to growing old in America seems to be looming. Joan has been diagnosed with Alzheimer's disease, albeit in its early stages. Harry remains in relatively good health, and is currently able to provide adequate home care for Joan; for instance, he's patient when she misplaces her toothbrush or the house keys, but he worries about the progression of his wife's deteriorating mental capacity. He has other anxious moments. What if he develops a chronic illness, or worse, what if he dies before Joan? As a responsible husband, he wonders if there is any way that he can create a plan that would address the special needs of Joan if he should die before her, or if he suddenly became incapacitated.

He's heard about something called a Special Needs Trust that would allow Joan to receive government benefits supplemented by their accumulated savings. He's also been warned by well-meaning friends that a "Living Trust" can have a downside. He needs answers. Fortunately, he and Joan live in California's East Bay in close proximity to the law offices of Osofsky & Osofsky. He calls the law office and hears the pleasant voice of Gene L. Osofsky, a leading Elder Law Attorney and co-author of The Consumer's Guide to Medi-Cal Planning. Is there some other way to protect Joan?

"Yes, there is," Gene says, "There is a way that couples can provide for the survivor in this situation. It requires special planning. Instead of relying upon a 'Living Trust' as the primary estate planning device, you should consider creating a plan which relies upon a specially designed Will which contains Special Needs Trust Provisions for Joan. Your plan should be coordinated in a special way with the Will." Gene tells the suddenly reassured Harry, "If you die before Joan, the Will – not the Trust – will help protect Joan and provide for her needs." "That's wonderful," Harry says. Gene offers his expertise as this is an urgent matter. "Your situation requires special skill and knowledge about government benefits, especially Medi-Cal benefits. Our firm may be able to help."

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.