Pennsylvania
Enacts Uniform Trust Act
Written
By: Attorney
Jeffrey A. Marshall
, CELA*
Pennsylvania
has enacted a comprehensive law to govern trusts.
The new law, Act 98 of 2006, is important for trust
beneficiaries, trustees, settlors, creditors, and anyone involved with a
trust.
Act 98 updates the laws governing trusts in
Pennsylvania
by adopting the Pennsylvania Uniform Trust Act, which largely follows
the recommendations of the Joint State Government Commission's Advisory
Committee on Decedents' Estates Laws.
Many of the provisions are a codification of
existing
Pennsylvania
practice and case law regarding trusts. But, Act 98 does make major
changes to the law, including:
- Providing for notice provisions where a trustee must respond to
a beneficiary's reasonable request for information unless the trust is
revocable and the settlor is alive;
-
Applying the rules for wills to living or revocable trusts that are used
as will substitutes. The bill equates the capacity to execute a
revocable trust with the capacity to execute a will. The time period for
contesting a revocable trust will be similar to the time period for
contesting a will;
-
Permitting a trustee to transfer a trust to another state or county upon
the notification and written consent of the primary beneficiaries;
- Rewriting the "fault" grounds for a court to remove a
trustee and provides a "no-fault" basis for the removal of a
trustee if the court concludes that the removal is in the best interest
of the beneficiaries and is not inconsistent with the purpose of the
trust; and
- Providing
that trusts must be in writing. Oral trusts will no longer be recognized.
The entire text of Act 98, which runs 137 pages, is
available online at the following link:
http://www.legis.state.pa.us/WU01/LI/BI/BT/2005/0/SB0660P1969.HTM
Attorney Marshall can be contacted
at webmail@paelderlaw.com or
at 1-800-401-4552.
Feds
to Offer Grants for Alternatives to Nursing Home Care
Written
By: Attorney Jeffrey A. Marshall, CELA*
The
federal government has announced plans to award $1.75 billion over 5
years in grants to states to support elderly and disabled Medicaid
recipients who wish to live in the community rather than institutions.
The program is intended to help states transfer disabled Medicaid
beneficiaries from nursing homes to home care settings.
The
grants will cover the first-year costs for individuals moving to
home-based care, including moving expenses, home modifications and other
transition costs. After the first year, states will receive federal
matching funds at a rate higher than traditional Medicaid. States have
until November 1 to apply for grants, which will be handed out beginning
in January.
The
program is part of an on-going attempt to shift Medicaid funding of
long-term care services away from a historical emphasis on institutional
care and toward home and community-based services. It is part of the
Money Follows the Person initiative that was included in the Deficit
Reduction Act of 2005. The
assumption is that home-based care will cost Medicaid less than
institutional care and provide care in the setting preferred by
beneficiaries. Advocates
point out that that many issues must be addressed to help ensure
adequate, quality care in the home.
A
copy of the HHS press release is available online at: http://www.hhs.gov/news/press/2006pres/20060726.html.
Attorney Marshall can be contacted
at webmail@paelderlaw.com or
at 1-800-401-4552.
The
Certified Elder Law Attorney
Difference
Written
By: Attorney Jeffrey A. Marshall, CELA*
Many
lawyers advertise that they practice “elder law.”
A few lawyers state that they are “certified elder law
attorneys.” What’s the difference? Does it matter to you?
Elder law is a distinct legal field which
concentrates on the legal, financial, social service and health care
needs of people over age 50. There are a number of areas of the law that
are of particular importance to older persons and thus have been defined
as core aspects of "elder law."
1.
Estate
and Financial Planning, including preparing wills, trusts,
powers of attorney, deeds, and providing advice on the financial and tax
implications of any proposed action.
2.
Medicaid
and other Public Benefits Advice, including planning for and
assisting clients to obtain Medicare, Medicaid (Medical Assistance),
Social Security, and other benefits, and
protecting their assets from nursing home costs. Medicaid, the
largest payment source of nursing home care, is one of the most
complicated areas of the law.
3.
Representation
of Estates, including representing, or serving as executor,
agent, trustee, guardian, representative payee, or other formal or
informal fiduciary.
4.
Health
and Personal Care Planning, including giving advice regarding
and preparing advance medical directives (health care powers of attorney
and living wills) and counseling older persons and their families about
medical and life-sustaining choices.
5.
Income,
Estate, and Gift Tax Advice, for limiting taxes, preserving
financial security, and achieving other financial goals.
6.
Resident
Rights Advocacy, including advising patients and residents of
hospitals, nursing facilities, continuing care retirement communities,
assisted living facilities, adult care facilities, and those cared for
in their homes of their rights and appropriate remedies in matters such
as admission, transfer, and discharge policies, and quality of care
issues.
7.
Pre
and Post Retirement Advice, including advice regarding IRAs,
pensions, retiree health benefits, and other benefits.
Each of these areas is complex. For older Americans
who don’t have the opportunity to “start over” mistakes can be
particularly costly. This is not a time to be "penny-wise and
dollar-foolish." Older consumers need to work with a lawyer who is
an expert in the ever-changing elder laws and understands the planning
options and opportunities.
To help consumers, the Pennsylvania Supreme Court
has recognized elder law as an area of legal specialty and has
established a certification program for lawyers. Only lawyers who have
met the Court's strict requirements for certification, including
experience, references, and examination, receive the designation as
certified elder law attorney (CELA).
In order to
earn the CELA designation, a lawyer must meet the following minimum
qualifications:
∙
Practice Experience.
– Must be licensed to practice law and be in good standing in all
jurisdictions where licensed; have actively practiced law during all of
the past 5 years.
∙
Substantial Involvement
- Practiced elder law at least 800 hours in each of the past 3 years,
handling at least 60 elder law matters in a specified distribution over
13 defined areas of elder law.
∙
Continuing Legal
Ed
ucation - Completed at least
45 hours of Continuing Legal
Ed
ucation in elder law during the past three years.
∙
Peer Review -
Confidentially be recommended by at least 5 peers, at least 3 of whom
practice elder law more than 800 hours per year.
∙
Examination - Complete
a rigorous, all-day written examination in elder law.
∙
Re-certification -
Undergo re-examination and re-certification every 5 years.
Of the roughly 50,000 lawyers in
Pennsylvania
, only 31 have attained the status of CELA. Two of them, Matt Parker and
Jeff Marshall, work at Marshall, Parker & Associates.
We have invested the substantial time, energy, and financial
resources to develop the special knowledge and skills to create a
practice designed to meet the unique legal needs of people age 50 and
over.
Most consumers understand that there are real
benefits to obtaining services from a certified specialist.
Certification gives older consumers assurance that their lawyer
has the skill, experience and judgment to provide them with the quality
services they deserve. Meeting with a certified specialist can mean
extra peace of mind for the entire family.
If you need legal advice for someone over age 50,
you owe it to yourself and your family to consult with a CELA who is
certified as having an advanced level of knowledge, skills, experience,
and proficiency, in representing older persons.
Both Matthew Parker and Jeffrey
Marshall of Marshall, Parker & Associates are certified elder law
attorneys. Attorney Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552.
Expansion of the Property Tax
and Rent Rebate Program
Written By:
Karen Griswold,
Marshall
, Parker & Associates’
Estate Planning Paralegal
Last
month Governor Rendell signed into law a bill which, among other things,
expanded the property tax and rent rebate program.
It is anticipated that approximately 420,000 more
Pennsylvania
residents will be eligible for the program.
The program benefits
Pennsylvania
residents age 65 and older; widows and widowers age 50 and older; and
residents with disabilities age 18 and older.
Perhaps the most significant change for homeowners
is the increase in the income limit from $15,000 to $35,000.
One-half of Social Security, Supplemental Security Income, and
Railroad Retirement Tier 1 benefits are excluded.
The income eligibility requirements for renters remains the same.
The maximum rebate amount for both homeowners and renters has
been raised from $500 to $650.
Although these increased benefits will not be
available until February 2007, eligible
Pennsylvania
residents are encouraged to sign up now to receive a property tax/rent
rebate application in the mail. Residents
who qualified for the program this year will automatically receive the
form next year. Call
1-888-222-9190 or visit http://www.revenue.state.pa.us/ptrr
to request a claim form.
Karen can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
Attorney Marshall Featured at
9th Annual Elder Law Institute in
Harrisburg
Written By:
Melissa Bottorf, Director of Marketing & Public Education
Over
350 legal professionals attended the Pennsylvania Bar Institute’s 9th
Annual Elder Law Institute at the Harrisburg Hilton on July 20 and 21.
Certified Elder Law Attorney Jeffrey Marshall co-presented the
Opening Session -"The Deficit Reduction Act of 2005: What this
Landmark New Law Says About Elder Law." This is the sixth
consecutive year
Marshall
has co-presented the opening session with fellow elder law attorney Rob
Clofine from
York
,
PA.
The
Deficit Reduction Act (DRA) has been the most dramatic, sweeping
change in legislation affecting the elderly in over a decade.
It has fundamentally changed the practice of elder law and how
advisors should counsel their clients about long-term care.
Attorneys Marshall & Clofine gave their much-anticipated
expert overview of the DRA and it’s implications for seniors and their
advisors.
In addition to kicking-off this year’s Institute,
Attorney Marshall also served as the moderator for the final session at
the Institute entitled, "The Gray(ing) Areas of Medicaid."
Attendees had the opportunity to ask Marshall and the panel of
experienced practitioners their questions about the
many "murky" areas of Medicaid.
Melissa can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
Tips
on Using Your Medicine Wisely
Written By:
Wayne Miller, Medicap Pharmacist
We are
very lucky today to have modern medicines to help treat the many
conditions and ailments that are experienced by older adults. Your
prescription and non-prescription medications can treat disease, reduce
symptoms, and help you live a healthier and more productive life.
But medicines are serious
business. And taking medication is not always as easy as just swallowing
a pill. It can involve many steps and decisions each day.
Using your medications the right way is very important to your
health. The proper use of medicines not only helps you get the full
benefit from the medications you take, but also reduces your chances of
having side effects and problems that could occur from taking the
medication the wrong way.
In order to make the best use of
your medicines, it is important to take an active role in decisions
about your treatment, to follow your treatment plan as prescribed by
your doctor, and to watch out for problems and get help in solving them.
Take part in your treatment decisions. Don't be afraid to ask questions
and talk about your concerns. You may want to write down questions to
ask at your next visit to the doctor. By taking time to ask questions
now, you may avoid problems later.
Don't be afraid to
"bother" your doctor with your concerns and questions. Bring a
friend or family member with you when you visit your doctor. Talking
over your options with someone you trust can help you make better
choices, especially if you are not feeling well. You can also talk to
your pharmacist about the medications you are taking.
Here are some points to cover each
time a new medication is prescribed.
- Ask
about the risks and benefits of each medicine.
- Ask
how often you or your doctor will have to check your medicine's
effects.
- Tell
your doctor about all the medicines you are already taking.
- Tell
your doctor what is important to you about your medicines.
- Tell
your doctor if you have any allergies to medications or if you have
had any troubling side effects from medicines.
- Tell
your doctor if you have any illnesses or problems for which another
doctor or health professional is treating you.
Follow the treatment plan you and
your doctor agree on, ask questions, and tell your doctor your needs and
concerns. Here are some points to cover.
- The
name of the medicine and what it is supposed to do.
- How
and when to take the medicine, how much to take, and for how long.
Ask about any terms or directions you do not understand.
- What
food, drinks, other medicines, or activities you should avoid while
taking the medicine.
- What
side effects the medicine may have, and what to do if they occur.
- Whether
you can get a refill, and if so, how often.
- What
to do if you miss a dose.
- Ask
if there is written information you can take home. Most
pharmacies have information sheets on your prescription medicines.
- Tell
your doctor of any concerns you have about using the medicine.
- Tell
your doctor if you are not taking your medicine as directed.
Taking your
medication in the dose and at the times prescribed can be very important
to the action of the medication. If you have any questions or problems
with taking the medicine exactly as it was prescribed by your doctor,
contact your physician or pharmacist. Talk to your doctor and pharmacist
about any problems you may be having with your medications. Most
medicine problems can be avoided or solved if you know what to watch out
for and if you talk with your health professional about what is
happening.
- Ask
about the results of medical tests that show how the medicine is
working. For example, if you are taking a medication for high
blood pressure, it is important to monitor your blood pressure.
- Ask
if the medicine is still needed.
- Tell
how you are feeling since you started taking the medicine. Do
you think it is helping?
- Tell
about any problems you are having taking your medicine,
including side effects or any new problems that may be related to
the medicine. If you experience any effects that you associate with
your medication, such as dizziness, drowsiness, confusion, rashes,
or other unexplained symptoms, contact your physician or pharmacist
immediately.
- Tell
about any new medicines that another doctor gave you, and any new
over-the-counter (non-prescription) medicines that you are taking.
When you pick up
your medicines, always talk to the pharmacist and ask any questions you
may have about your medications. Here are some points to cover.
- The
name of the medicine and what it is supposed to do.
- How
and when to take the medicine, how much to take, and for how long.
Ask about any terms or directions you do not understand.
- Any
special techniques or devices for administering the medication
(e.g., liquids that you need to "shake well" before
pouring the dose, or special instructions for the use of inhalers,
suppositories, eye drops, or patches).
- What
food, drinks, other medicines, or activities you should avoid while
taking the medicine.
- What
side effects the medicine may cause, and what to do if they occur.
- Whether
you can get a refill, and if so, how often.
- What
to do if you miss a dose.
- How
should the medicine be stored. Do any of the medicines require
refrigeration?
- Ask
if there is written information you can take home. Most
pharmacies have information sheets about your prescription
medicines.
Try
to use one pharmacy for all your medicine needs. Make sure the pharmacy
keeps a complete "profile" of all your medications. Give a
complete list of all medications to your pharmacist, including anything
that you use that is available without a prescription. Make sure you
include things such as vitamin supplements and home remedies, as these
may interact with prescriptions you may also be taking. This will help
your pharmacist keep track of your medicines, identify any duplicate
therapy or potential interactions between the medications you take, and
help you solve any problems you may have with your medicines.
Store all of your medications in a designated location in your
residence. Keep all medications stored together in one place unless they
require refrigeration or are labeled “store in a cool place.” This
will help if an emergency situation occurs and your doctor needs to
review all of your medications. Be sure that your medications are stored
out of reach of any children that may visit, especially if you have
non-child proof containers.
Do not mix different
medications together in one container;
this will make it difficult if not impossible to identify your
medications in an emergency.
Medicines should be stored in a
cool, dry area. Do not store your
medications in the medicine cabinet in the bathroom or in the kitchen
because the heat and moisture may cause deterioration. Instead, store
your medications in a designated area in your living room or bedroom.
Medications stored in the
refrigerator should be separated from other items
in the refrigerator. Consider keeping refrigerated medications in a
plastic box or container in one area of the refrigerator.
Oral medications should be kept
separate from other items that are for external use only
(such as creams and ointment, or reagent tablets).
Expired medications
(there are expiration dates on all of your medications) and any
medication that your doctor has discontinued should be discarded.
Never share or give
your medications to another person.
Wayne
can be contacted at 570-323-7344 or at Medicap99@aol.com
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*Attorneys
Marshall and Parker are certified
as Elder Law Attorneys by the National Elder Law Foundation under
authorization from the Pennsylvania Supreme Court.
