The older population- persons 65 years or older- numbered 42.6 million according to the latest Census Bureau statistics.  In addition, according to the same National Population Projections, by the year 2033, the population 65 and older will outnumber people younger than 18 in the U.S.   Our nation is rapidly aging.

Improved healthcare and decreased fertility rates have generated these rising numbers of the older population.  These numbers represent a success story for increased longevity, but it also presents many challenges for the younger folks who are left to care for the aged.

Adult children, age 50 and over, taking care of their aging parents has tripled since 1994, according to AARP.  Caring for elder parents presents difficult challenges, especially when a crisis hits, such as a widowed mother or father who is diagnosed with Alzheimer’s or when a parent falls and is never able to fully recover their independence.  The adult child, often still working full-time, or even caring for their own young children, may become the only person to step in and manage the care.

Ideally, before the parent becomes ill, the family has already had “The Talk”.  This is where the adult children have discussed with their elders how they would like their senior years handled.  Unfortunately, this rarely happens, because we human beings aren’t really wired to think too much about aging and death.  It is also a very emotionally difficult talk; sometimes it’s not the elder who resists, but the child who cannot bear to think about losing a parent.  In this case, I  recommend that my elder clients put EVERYTHING in writing, not only their estate plans, but directions concerning personal health care decisions, and desires regarding aging in-home or in a residential facility.  And don’t leave out the MONEY TALK.  Senior care is expensive.  Children should have an understanding of what type of care you can afford.

The Law Office of Debra G. Simms offers Elder Law services to help families prepare to care for their loved ones. Call us today at (386) 256-4882.

 

 

If you are now a Florida resident and your estate planning documents were prepared in another State, there are many potential problems.

  • Your out of state Will might not be admissible in a Florida Probate.  If your Will is not “self-proving” (meaning that there is an affidavit stating that you signed your Will in front of the witnesses and a notary all at the same time), then a Florida Probate Judge might not admit the Will without further proof that the Will is authentic.  This adds cost and delay to the probate process.

 

  • Your out of state Will might name a Personal Representative (sometimes called an Executor) who is not a qualified person under Florida Law.  In Florida, the Personal Representative must either be a relative or a resident of Florida.  If you have not named a qualified successor Personal Representative, this could create conflict with your heirs and would certainly add cost and delay to the probate process.

 

  • Your revocable living trust might hold Florida real estate.  If that real estate is your homestead, your trust must contain certain language addressing Florida Homestead requirements.  You do not need a new trust, but might very well need to add an amendment to your existing trust.

 

  • Your out of state Power of Attorney and Medical Directive might not comply with Florida Statutes.  This could create issues and delay when dealing with Florida banks, government agencies, health care providers, etc.  It is best to have Florida specific powers of attorney, especially if you become incapable of handling your own affairs.

 

 

Family Law

Family is the most essential entity in the life of a person. Laws pertaining to this indispensable entity are crucial and sensitive. From property disputes to divorce and child custody, the metropolitan families are plagued by a plethora of issues. The American state family law is intricate and exhaustive, addressing the everyday issues interwoven with the familial ties of its residents. It is essential for its citizens to be aware of the details regarding these various issues. As we walk you through the essentials of family law, your queries about the same will be addressed.

Family law comprises of a large number of statutes that aids various legal matters called codes. The prevalence of these codes such as family code, domestic relations code, marital and children’s code is very essential for taking effective legal decisions.

Lawyers specializing in various issues like elder law, probate, guardianship and family planning are available to serve the public in Volusia County, New Smyrna Beach, Port Orange and Daytona.

Marriage-laws

With lifestyle changes, one of the major issues that is encountered by many is the dissolution of marriages. It is a sensitive issue that requires to be handled with extreme care and caution. The state marital law in America is comprehensive with provision for no-fault divorce as well as fault-divorce based on abandonment, cruelty and others. The state law also specifies that marriage is considered void if either party are not eligible, or are mentally unsound.

Child support and custody

With the rising divorce rate, related issues like child custody and support come into play. Joint and sole custody are offered to parents in case of divorce. In most scenarios, one parent is not given prevalence over the other. But under unique circumstances, the law – “Tender Years Doctrine” – enables the court to give custody to the mother. In these situations the court rules in the favor of the mother because it considers the child’s future to be more secure.  Child support is equally important if both the parents do not have legal custody. It is the minimum amount that the non-possessory parent should provide to the possessory parent to secure the child’s future. Matters like health insurance and life insurance are also to be considered under this law. Child support is usually terminated post the child turns 18.

Domestic violence

In the recent times domestic violence is no longer uncommon in society. Many are forced to deal with the evils of domestic violence. It not only includes harassment of adults but also child abuse. Protective orders are issued by the court in these scenarios. Statute laws are also available that enable law enforcement agencies to ensure that court orders are being followed. Laws are also available that enable medical professionals to report domestic violence to authorities. Each state has specific protocol to deal with child abuse and neglect.

Estate planning

Irrespective of being wealthy or poor, planning about one’s property is of paramount importance. Various tools like wills, trusts, powers of attorney, healthcare directive, living wills,  unmarried or same sex partner planning and others are available to safeguard one’s rights.

Elder-law

Old age and disability necessitates the existence of the Elder law. Elder-law -planning, helps people deal with various problems regarding property management. Issues such as the status of assets if one of the spouses require long term care or is incapacitated and others are dealt with. These laws help the old and those dealing with disabilities effectively manage their property issues.

Family law is a state issue. The codes and statutes are unique to every state in America. It is essential for every citizen to be aware of these various laws to enrich their quality of life.

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Elder Law encompasses the unique legal aspects of aging. An Elder Law Attorney is familiar with the Federal and Florida laws that impact seniors’ well-being and personal wishes.

Elder Law: Guardianship, Estate planning

Elder Law covers many areas including guardianship, estate planning (wills and trusts, powers of attorney and advanced directives), Medicaid planning and long term care issues, probate and estate administration. Many elder law attorneys also assist families who have children – minors or adults–with special needs. Some Elder Law attorneys may practice a few of these complex areas of law, while others may be more comprehensive in their coverage.    Elder law attorneys consider a client’s wishes, his or her health issues and the potential for nursing home care. Some issues may simply be a matter of filling out the correct paperwork, while others are more complex and time-consuming.

It is important to find an Elder Law attorney who is skilled, knowledgeable and up-to-date about policy and legal issues in his or her respective geographical areas.  The Academy of Florida Elder Law Attorneys is an excellent place to start a search for the right fit.  As members of the Academy, we aspire to high standards of ethics and professionalism and we strive to provide legal advocacy, guidance and services to enhance the lives of seniors and those with special needs.

Debra G. Simms
To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.
It is easy to become confused in a world full of continuously changing laws and aging people. That is why people visit Elder Law attorneys.
Florida Elder Law attorneys specialize in the legal practices that relate to the elderly, their families, and the laws in Florida that affect them. These specialized lawyers help their clients with tax issues, health care, neglect of an elderly person, trusts, and more.  The most common reasons people visit Elder Law attorneys are to discuss wills and for assistance in planning for incapacity. There are also many cases where clients will resolve undiscovered issues when visiting the lawyer for a completely different reason.

Do You Need a Florida Elder Law Attorney?

Some people believe they already know what needs to be done to plan for situations in the future, however that is not the case. Since Elder Law attorneys have years of practice, knowledge, and experience under their belts, they can help their clients prioritize during the process and point out things clients are likely to miss. They are also able to suggest helpful solution which clients will benefit from. The price for the services of an Elder Law attorney vary by attorney. Some may choose to charge by the hour, while others may charge a flat fee. These matters should be discussed openly so there is no confusion. It is important that the attorney and their client have an honest, trustworthy relationship. The main goal of an Elder Law attorney is to meet the needs of their clients, which is why clients should feel free to ask any questions during their time working together.

Debra G. Simms

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Let’s face it.  Long term nursing care, either in a facility or at home is expensive.  Depending on location and level of care, nursing homes cost between $35,000 and $150,000 a year.  Home health aid costs about $200 per day. Most people end up paying for nursing home care until their savings run out.  Then what?  Is there a way to protect your assets for your spouse, your children, or your favorite charity and still obtain the level of care that you need?
Medicare Part A covers up to 100 days of skilled nursing care. However, because the definition of skilled nursing is quite stringent, few people end up receiving the full 100 days of coverage.  What happens when your Medicare runs out?
Unless you purchased long-term care insurance when you were healthy, or qualify for Veteran’s benefits, you will need to become eligible for Medicaid.
Medicaid is this country’s “insurance plan” for long-term care.  Unlike Medicare, which is an “entitlement” program (all retirees and disabled individuals who receive Social Security benefits also receive Medicare as their health insurance) in order to be eligible for Medicaid, you must become “impoverished” under the program’s guidelines.
This is where an experienced Elder Law attorney comes in.  In my practice, I  advise my clients how to financially qualify for Medicaid even if they have too much money and want to preserve their assets for their families.  This can be done years ahead of needing the benefits or in a crisis situation.  Last week, I helped a family preserve Dad’s life savings even though they didn’t come to see me until one week before his Medicare ran out!
There are ways to quaify for Medicaid even if you have too much money.  Call the Law office of Debra G. Simms to consult us about Medicaid Planning.   Toll free: 1-877-447-4667.
Debra G. Simms
I am writing this as I visit my aging mother who lives across the country from me.  She can no longer travel to Florida to see me, so once or twice a year, I trek to Los Angeles to pay her a visit.  She lives alone.  She walks 2 flights of stairs to get to her apartment.  She has pulmonary disease.  She has problems walking. She has less and less strength each time I see her.  This time I was “lucky” enough to visit when she had a follow up appointment with the pulmonary specialist.  It was a long day, with many tests, and many long wallks down long halls and long waits. She usually does this alone.
The diagnosis: still the same.  Not better.  Go back on the medicine that makes you even sicker, even weaker.
Even though she still drives, still plays majong, still goes to religious services, my mother’s decline is noticeable; everyone would agree on that. But no one can say how fast her abilities will fade.
This is what I heard all week, in between the bouts of terrible coughing:  How will I pack all this stuff up when I have to move?   And this is what I saw all week: my once active mother who could not stand to stay in the house for one whole day, sit and stare at all the medications on her kitchen table, trying to remember if she took it all.
So even though it’s not yet time for her to move, even though I answer all her questions with “We’ll cross that bridge when we get to it” (this makes her laugh), I know that it’s probably time to start to plan.  I mean after all, that is what I do for a living.  But, this is MY mother.
I will preface this by first saying what I believe in my heart:  Aging parents should stay in their own home as long as they want and as long as they are safe.  And, if at all possible, they should live with a family member if that is what the parent wants.  But, of course, that option is not always feasible, and in my mother’s case, she does not want this.  She is a social person.  She does not want to sit alone all day waiting for her adult child to come home from work.
So, I’ve come to think that assisted living might be the best option for her.  Where to start?  At a loss,  I did what I usually do when I don’t know the answer.  I googled it.  And I will share what I learned.  Here, on my blog.  And in the office with my clients, when I get back home.
    • In advance, visit as many assisted living places as you can, even some that are out of the way.
      Investigate which ones are close to your preferred hospital, and to activities your parent enjoys.
      Look at their actual units, both ones that are larger than you think you’d take and those that seem smaller. You’ll be surprised at how different each unit looks in real life than on a printed floor plan.
      Meet with their Executive Director and their Directors of Nursing and of Activities. Ahead of time is the best time for expressing needs and concerns.  Eat a meal at each place, preferably in the company of some residents. You’ll get a different feeling for the facility sitting in the dining room. And this is a great way to sneak a peek at how facility staff actually treat and interact with residents.  Inspect their Alzheimer’s or Skilled Nursing units, if they have one. You might eventually need these facilities.  Ask around with doctors you know to see if any facility has a better or worse reputation than others.  Sniff around, literally. If the facility smells good, that means it’s well-cared-for and clean.
      Talk to their references. Share this task with siblings so you can compare notes.  Find out their wait list policy. Some places will keep you in your wait list priority spot indefinitely and allow you first right of refusal on each new unit that comes up.
    • Get paperwork in order. This may mean putting in place a broad enough power of attorney so that you can move your parent without their say so if the need arises. Each state has their own requirements for powers of attorney.  It’s good to have an attorney assist with this.
    • Keep talking with your parent about the issue of moving. There are pros and cons worth airing on both sides. This is a tough decision for everyone. It’s sensible to allow time for the idea and its ramifications to sink in.
    • If memory and dementia are concerns, have a neuropsych evaluation done of your parent’s cognitive functioning. This should be more extensive and detailed than an internist’s evaluation and may give you a clearer understanding of your parent’s condition and what lies ahead.
    • Visit a few assisted living facilities with your parent. One writer offered the following strategy: First show them a facility you know they won’t like, perhaps one that’s even a little crummy. The two of you can then agree that place isn’t suitable for them, which puts you on the same footing. Next, take them to the facility you prefer, which will be in direct contrast to the one they just saw. You just may hear “Yes, I could live here!”
Here’s the most valuable piece of advice: don’t wait until you have a crisis on your hands.  Be willing to take control of the timing of the move. Don’t wait to get a call from neighbors saying your father has fallen and is in the hospital, or that your mother has gotten lost while driving and couldn’t find her way home for two hours. Moving to assisted living will be easier for your parents–and you!– if they are in good health and good spirits.
I am available to assit you with your elder law needs.  Please call for help with medicaid, veteran’s benefits, and legal documents, such as wills, trusts, powers of attorney, health care directives, and living wills.  Don’t wait until it’s too late.
Debra G. Simms
Attorney at Law
Orlando
Daytona Beach
Toll Free: 1-877-447-4667
Debra G. Simms
Many of my clients ask whether they are responsible for their parents’ nursing home bills. Many times they have already been asked by the nursing home Administrator to sign a personal guaranty. Now they are worried. Are they responsible for their parents’ debts? That’s not the way it’s supposed to work!
Depending on where you live, your state may indeed have a “filial support” law that could be used to go after you, the adult child, for your parents’ unpaid nursing home bills!
Pennsylvania is one those states that routinely uses the law to get families to pay for their elder’s bills or apply for Medicaid on their parents’ behalf. In many cases, nursing homes in Pennsylvania are using the law as leverage to get children to gather up their parents’ financial information and disclose their parents’ assets, including those transfered to their children’s names.
Usage in other states has been rare. But these powers exist and could be employed by providers and states getting more desperate for payment from overstretched Medicaid programs.
Florida does not currently have a filial responsibility statute, but that may change as Florida retirees, many of whom are living on Social Security income alone, age and require greater care.
For information on which states do have filial responsibility laws, see this helpful chart provided by AARP:http://assets.aarp.org/www.aarp.org_/articles/bulletin/interactive/filialpiety/index.html
The best defense agains such laws is Elder Law plannning. If your parents aren’t milliionaires, then early advice is essential. Possible early strategies include buying long-term care insurance before health issues begin. Setting up a Medicaid compliant trust might also work for your family, but this must be done long before the elder needs the nursing care.
Without planning, medicaid planning is in crisis mode – there may be fewer options to protect the family’s assets and adult children may be at the mercy of these filial support laws.
If you need help, call our office and ask to speak with our qualified Elder Law attorney. We are members of the National Association of Elder Law Attorneys.
Call Toll Free:
Debra G. Simms
1-877-447-4667
Orlando
Daytona Beach
Debra G. Simms
Many people ask me whether estate planning is different for the baby boomers than it was for their parents’ generation.  Being a boomer, myself, I feel well qualified to answer that question.  And the answer is Yes!

It’s different than our parents

Our parents’ lifestyle during their working years differered from ours in many ways.  They often had a single job, lived in a single city, sometimes even a single home, for most of their working lives.  They had one mortgage and paid it off before they retired.  The paid off house was worth many times over what they paid for it.  They could sell the home, buy a smaller house or condo, and have substantial funds left over from the sale to invest for retirement income.
Sound a little different for us boomers?  Well…we often changed employers, occupations, cities, and often “traded up” our housing several times during our work years.  We were less risk adverse than our parents and most of us grew up believing that our government, the most powerful and wealthy country in the world, would always take care of us when we were too old to work.  Our children were encouraged, no pushed, to make lives of their own often far far away from Mom and Dad.

How is it going for Baby Boomers?

Well, many of us live by ourselves (the divorce rate is still going strong at 50% for first timers and even higher for second timers), have no equity in our homes, didn’t save enough money (all the kids have college degrees, don’t they?) and instead of playing golf, bridge, majong, in our 60’s and 70’s, we will be at our desk by 9 am until…well, until we can’t anymore.
So what are the successful strategies for retirement and estate planning for us boomers?  Is it too late to plan to retire when you’re already at retirement age?  What are the options?

Reverse Mortgages

Here is one that I know of that has a bad rap.  Reverse Mortgages.  These are loans against the equity in your home that need not be paid back until the homeowner no longer lives in the home as a principal residence.  The usual requirements are that the borrower must own the home, be at least 62 years old, and have equity in the home.  The amount that can be borrowed is based upon your age, the current market rates, and the limit for the area where the house is located.
You can receive the funds under a number of payment plans including a lump sum, a line of credit, monthly payments, or a combination thereof.  Besides cash, there are other benefits:  the lump sum is not income so it’s not taxed, you can maintain your ability to live independently in your own home, and you don’t necessarily lose the ability to apply for federal and state entitlement programs, such as Medicaid.  It’s not for everybody, and certainly not for those who can’t afford to maintain their homes, but it is an option.  Just shop around and compare the costs and make sure that it fits in with your overall estate planning goals.  That’s where I come in.  Plus, I’m a boomer, and I did all that dumb stuff, too.
Debra G. Simms

To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
817 E. 7th Ave
New Smyrna Beach FL, 32169
Local: 386.256.4882
Toll Free: 877.447.4667