Study Gives PA Poor Marks For End of Life Care

Written By: Jeffrey A.  Marshall, CELA*

  A new study says Pennsylvania gets poor scores in providing compassionate end of life care.  Pennsylvania received grades of "D" in categories including hospice use, hospital palliative care programs, and number of physicians who are trained in palliative care. 

  Pennsylvania received its worst mark of "E" for the lack of quality of the state's advance directive laws.  Legislation to improve Pennsylvania's laws has languished in the Legislature for each of the last 8 years.  On the plus side, Pennsylvania received its best mark for state policies encouraging good pain control.

  "Last Acts", a coalition seeking to improve care at the end of life, produced the study.  The report provides a state-by-state report card on the quality of care for the dying. The coalition is comprised of over 1000 Partner organizations, including the American Medical Association, The American Nurses Association, the American Hospital Association, and AARP. 

"Dying patients and their families today suffer more than they should," said Judith R. Peres, Deputy Director of Last Acts and the leader of the report's research team. "We still have a long way to go to improve health care and policy for this segment of the American population."

The Report titled Means to a Better End: A Report on Dying in America Today, also highlights existing models that demonstrate how good care can be provided at the end of life.

For information on the report, click on the following link: http://www.lastacts.org/

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New Law Expands Use of Custodial Gifts to

 Young Persons

Written By: Attorneys Jeffrey A. Marshall & Kathy A. Kron

  Do you want to leave part of your estate to your grandchild or another young family member?  If so, there is good news!  Pennsylvania has recently improved the law that covers gifts to young persons. 

  Every state has a law that allows a parent or grandparent to make gifts to young beneficiaries.  These laws are usually called Gift or Transfer to "Minors" Acts.  They allow you to make a gift to a young person, while allowing the money to be managed by an older and more experienced "custodian". 

  Custodial accounts can be set up with virtually any bank or mutual fund and are easy to maintain.  You can create them either during your lifetime, or in a Will or Trust document.  Many people put provisions in their Wills that state that any assets going to someone who is under age 21 will be held and invested by a custodian until the beneficiary reaches age 21.  Without this provision, the minors would receive their inheritance at age 18.  

Until recently in Pennsylvania, a "minor" (for purposes of custodial accounts) was a person under age 21.  This meant that a custodian would have to turn over the funds to the minor when the minor reached age 21.  The problem is, many people are still financially immature on their 21^st birthday.   They may still be in school and have limited experience dealing with money.  As a result, many parents and grandparents would prefer to protect the funds beyond age 21.  Until now, they were forced to create more complicated and expensive trust arrangements.    

Now Pennsylvania has solved this problem, at least to some extent.  As a result of Act 50, custodial accounts may now continue to age 25. The individual who makes the gift specifies the age, up to 25, at which time the money is to be turned over to the young person.  If no age is specified, then the funds must be given to the minor at age 21. 

  What Should You Do?

-If you have already created a Will or Trust that specifies that gifts to "minors" will be -managed by a custodian, you might want to update that provision.  If you want the custodian to be permitted to continue to manage the account to age 25, your lawyer can make a simple change in your document to accomplish this.

  -If your estate planning documents create a trust to hold funds for minors until they reach age 25, you might want to consider changing them to use the less complicated custodial account arrangement.

  -If you intend to leave money to a minor and your planning documents do not allow for   a custodial arrangement, be aware that the minor will receive his or her funds at age 18.  If you think that is too young to come into an inheritance, talk to your elder law attorney about updating your plan.      

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Mark Your Calendars!

  "Medicaid Benefits for Nursing Home Care"

A Free Seminar Presented by

Marshall, Parker & Associates'

 

-Thursday, January 16^th, 6:30 PM, The Woodlands, Wilkes-Barre

-Saturday, January 18^th, 10 AM, The Woodlands, Wilkes-Barre

-Thursday, January 23^rd, 6:30 PM, The Radisson, Scranton

-Saturday, January 25^th, 10 AM, The Radisson, Scranton

 

Reservations are suggested, but not required.  Call 1-800-401-4552 for more information or to reserve your spot for one of these seminars!

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please send a request to:

webmail@paelderlaw.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.