WHY DO I NEED THAT???

This is a question that we constantly get when we are discussing Healthcare and Financial Powers of Attorney. The first shared statement is that “everything is in both our names”.

Although this statement may be true, really EVERYTHING is not in both your names. There are certain accounts, holdings and information that are in individual names such as medical records, treatment authorization, IRAs, Pensions, IRS, Social Security and other employer based benefits. The fact that a person is named beneficiary does not give them the right to gather information or access the account until your death, not during your lifetime.

That is why you “need that”!

A Health Care Power of Attorney gives the person you name as your agent the power to make health care decisions for you if you cannot make the decision for yourself.  This power includes the power to make decisions about life sustaining treatment.  Unless otherwise stated, your agent will have the same authority to make decisions about your health care as you would have.

 A Durable Power of Attorney is a legal document where one person (the principal) authorizes another (the agent) to act on the principal’s behalf regarding financial decisions.  It allows a person to plan for care and control of property in the event he or she becomes incapacitated. 

 This document allows the agent to monitor bank accounts, write, sign and endorse checks in your name, take care of governmental benefits, provide for payment of your monthly bills, and most other financial requirements.  You are able to limit the agent’s power to any specific action you choose. 

It is vitally important that you have these documents should you ever be unable to manage your healthcare or financial decisions.

Without these documents the Probate Court will decide who will manage your Healthcare and Financial Decisions.

TOLL SCAMS - What You Need to Know

Tips for avoiding smishing scams:

• Don't reply to text messages from unknown numbers.

• Don't click on links in texts from unknown senders to try to access a website through the text.

• Delete and report the message using your phone's "report junk" option. 

• Block the sender's email address or phone number. 

• If you are unsure of the legitimacy of a text message, don't engage with the sender.

Clicking a link may let scammers:

• install ransomware or other programs to spy on your online activity or hold your device hostage by encrypting data and demanding payment to unscramble it.

• gain access to personal information including passwords, credit card numbers, banking PINs, etc., to take out loans or credit cards or perform other fraudulent financial transactions using your identity. 

SPECIAL NEEDS TRUST

What would happen to your special needs loved one should you no longer be able to provide for them? Can you provide an inheritance that does not interfere with their benefits? ABSOLUTELY! This is one of the services Julia offers here at Khaled Elder Law. She can help you establish a Special Needs Trust that does not disqualify your loved one from benefits such as SSI or Medicaid. Attorney Julia Khaled can show you a number of ways to get the financial support you need now, as well as design a plan to protect your special needs child’s financial future when you can no longer serve as primary care giver, or after you pass away.

DO I NEED HIPPA OR A HCPOA FOR MY COLLEGE STUDENT?

If your adult college student were in any way incapacitated and unable to speak for his/herself, you, as the parent, would expect to step in and assist. Right? You would stand in the gap speaking with medical professionals to ensure that your child gets the best treatment as you perceive. However, because your student is now an adult, that may no longer be the case. In order for you to help with medical decisions that you believe are in your student’s best interest, or to even obtain knowledge about his/her medical condition, you must have a HIPPA and a Heathcare Power of Attorney in place. This is one of the many facets of Julia’s practice to ensure the well-being of the individual and of the family.

ABLE Accounts/Special Needs Trusts - What's the Difference

ABLE Accounts, also known as a 529A account, is a tax advantage savings account designed to help individuals with disabilities and their save for disability-related expenses. These accounts allow for tax-free growth and withdrawals when used on qualified disability related expenses.

SPECIAL NEEDS TRUSTS are designed to maintain eligibility for means tested government assistance programs such as Medicare and supplemental security income. Special needs trusts can also create a fund capable of supplementing the services and level of care not provided by Medicare and SSI.

Special Needs Trust

Special Needs Trust, also known as a supplemental needs trust, is a legal arrangement that allows a person with a disability to receive financial support without jeopardizing their eligibility for government assistance programs such as Medicaid or SSI. The trust is managed by a designated trustee and can be used to pay for goods and services that improves the quality of life for the individual with special needs.

 Call our office today to learn more!

DEATH OF A LOVED ONE AND PROBATE ADMINISTRATION DO I REALLY HAVE TO DO THIS?

Our office receives a lot of calls from our potential clients asking this blazing question!!

The loss of a loved is a very difficult time. Grief, sadness, sorrow, anger and loneliness are some of the issues a loss brings to the family and friends. The additional burden of having to administer the deceased person’s assets through the probate court is a burden that can be avoided through proper planning and implantation of a plan of action during one’s lifetime to avoid the undue hardship of probate administration. The current probate administration could include a one-year administration through the county probate court, is invasive and leaves the family of a loved one with a sense of overwhelming uncertainty to an already trying time in their life.

But it doesn’t have to end like this! Probate administration can be limited to a single one step process if a person has implemented an estate plan that includes a “Trust”. This is the primary reason for discussing your estate plan with a trained professional in the area of estate planning on the benefits of Trusts versus Wills.

Through guidance by the trained professional, a person can implement a Trust which outlines the exact distribution of each asset of the deceased person, who is to oversee these distributions and how they are to be distributed to each beneficiary. The Trust further outlines and permits the Trust administrator to make distributions immediately without the supervision of the probate court.

Why doesn’t everyone do a Trust? Without the knowledge and direction of an estate planning attorney, a person may not be aware of this valuable planning tool and its true value…. AVOIDING PROBATE.

Louise Griffith

Advanced Certified Paralegal

Giveaway Winner - Mandy Campbell

Mandy Campbell is our winner from our June 14th Facebook live drawing! She came in this week to claim her basket. We will be scheduling her soon for the Advanced Directives, Health Care Power of Attorney and Durable Power of Attorney. She won big!! Congrats again to you Mandy!!!! We are so excited for you!

Gift Basket Giveaway June 14

We will go live on Facebook June 14th to select a winner for our gift basket. The basket includes Knowledge Perk Whole Bean Signature Coffee, Improv Design Company’s travel mug, key chain, and cap, a journal, Khaled Elder Law T-shirt, and a complimentary Advance Directive! Find the post on our Khaled Elder Law Facebook page . Like the page. Tag three friends. Share the post to your page. Your name will be entered into the drawing. See you on Facebook June 14th at 11:00!

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