My clients want most to live out their lives with dignity, secure in the knowledge that they’ll be taken care of. As much as that applies to seniors, it also applies to those with disabilities. As an elder law attorney, my job is to apply knowledge of the law to ensure social health programs do not shirk their legal responsibilities – and that families are prepared in as many ways as possible for the future.

That phrase “as many ways as possible” is incredibly important. Because nobody knows what is in their (or their parents’) mental or physical health future, being flexible as well as responsible is the key to legal protection. In this regard, my legal training is important, but just as important is my 30 years of experience. I have seen first-hand what financial surprises such as bankruptcies, stock market crashes, or medical/financial hardship can do to people, wiping out a foundation they were depending on. I’ve also seen what unexpected health crises can do without forethought and planning.

The key to relying on a plan for your future is to plan for every scenario possible. You need to be able to roll with the punches in all areas of your life, from legal to financial, physical to emotional, the expected to the unexpected. That’s where my experience is of benefit. Because I know what CAN happen, I know how to protect you and your spouse, children, or parents from as many potential threats as possible. Together, we can even protect your family in cases where the legal rules themselves may change.

Being prepared means being open to change, being as flexible as possible in as many ways as possible, and planning for every contingency. The more planning, the better. The payoff in your future is worth the time it takes to make sure that together, we do our homework.

Posted on January 13, 2012 by admin | Leave a comment

Scott Severns on: 70 ½, the magic number

Posted on January 11, 2012 by admin

It’s a magic number for many of my clients. And if you are over age 70, you’ll know why: Age 70 and six months is the age you must begin to withdraw certain amounts from your retirement accounts, as specified under the tax code.

Do you have to, even if I don’t really need the money? The answer, surprisingly, is yes. It does seem peculiar, since financial planners spend years encouraging clients to save as much as possible into IRAs and tax-deferred retirement accounts. And now the government tells them they must take money out, even if they don’t need it – and then pay tax on the distributions!

Here are the retirement account IRS particulars:

  • The official required start date is April 1 after a senior reaches the age of 70 ½. So if you were born on July 4th and will become 70 ½ in 2011, you will be required to begin distributions on April 1 of 2012.
  • IRS tables generally require taxpayers to start with a distribution based upon their year-end balance before reaching 70 ½.
  • Every type of retirement account is different, having specific computations that apply to each kind. SEPs, 401(k)s, SIMPLE and traditional IRAs all have different rules of taxation and distribution. Your financial advisor can help you understand the differences.

On the other hand, sometimes it makes sense to withdraw from an IRA more quickly.  Often, when we are assisting a client with asset protection for Medicaid eligibility, it makes sense to withdraw from an IRA but to spread the withdrawals over two or more tax years.

What’s the earliest you can begin withdrawals without paying a 10% early withdrawal payment? Once you become age 59 ½ and are retired, you can begin to make withdrawals.  

The trick is to calculate out your best options, and plan, plan, plan. And that’s where my partners and I come into the picture. Although we’re not financial planners, we can help you plan your options to fit your personal and family needs, taking your ideas for the future into consideration. With knowledgeable planning, we can help you take the steps you need to help you feel confident about your financial future.

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Elder care attorney wants to give boomers the breaks they deserve

Posted on October 6, 2011 by admin

I’ve been an attorney for older adults and their families for over three decades, now.  I’ve experienced just about every type of situation possible in my practice. But there is a sea change looming – and it centers around baby boomers.

The folks we’re welcoming at the offices of Severns & Stinson today are not the same as those we served even ten years ago. Baby boomers are changing the nature of elder care planning. With 70 million of them, the sheer number is dramatically changing how we plan for this crowd of new seniors with high expectations.

Baby boomers prefer to leave nothing to chance. They want control of their financial decision making to ensure they get the type of healthy, dignified, independent and secure future they have envisioned.  Their views about retirement and aging are ofen quite different from those of their parents.

I think the boomer independent philosophy is great! Plan earlier and plan thoroughly. Think of all the possibilities and map out a plan that makes sense for your financial and physical comforts. Make sure your plans are sound, smart, legal, and appropriate. Make out a will. Have a financial power of attorney and one for health care.  . Preserve your assets. Then plan for for the “what if’s”  (because nothing ever goes absolutely according to plan, right?) and set your plan into action legally.

It never stops giving me a satisfied feeling to see couples plan for what they want, and leave nothing to chance. As a baby boomer myself, I wouldn’t have it any other way!

-Scott Severns

 

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Parkinson patients “fight” their disease with boxing

Posted on October 4, 2011 by admin

What’s the connection between boxing and Parkinson’s disease?  It’s not what you may think.  It turns out that Parkinson’s patients get help to overcome the symptoms of the disease by training with punching bags, like boxers.  The vigorous exercise helps them keep their limbs functioning.

I first learned about Rock Steady Boxing four years ago while attending an open house of the Parkinson’s Awareness Association.  Severns & Stinson is proud to have been a sponsor, supporting Parkinson’s patients through this program.  As a devoted yoga practitioner and a former martial artist, I particularly appreciate the mind-body connection found in physical practice.  One of my good yoga friends is a certified yoga therapist who helps Parkinson’s patients counter the effects of the disease.

Over the years, my partners and I have provided legal services to many, many Parkinson’s patients and their families.  As with Alzheimer’s disease, strokes and other chronic, disabling conditions, Parkinson’s patients face an uncertain future that requires careful legal planning to protect assets and arrange for appropriate family and professional support as they age with the disease.  We have helped Parkinson’s patients maintain maximum independence and to be able to afford the care that they may need in later stages of the disease.

I fondly remember one client, a retired school teacher, with whom I worked for many years as she planned for her future and that of her two daughters.  One of her daughters also faced some special challenges.  We were able to protect her assets from the costs of her care in a nursing home when her disease progressed to that stage.

Parkinson’s disease is no picnic, but the Rock Steady Boxing program, yoga therapy and good legal planning are three ways that patients are fighting the worst effects of the disease — successfully.

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Central Indiana elder care law firm alerts seniors about earlier Medicare enrollment deadlines

Posted on October 3, 2011 by admin

As a longtime elder care attorney serving the Indianapolis area, my partner and I talk to folks about Medicare rules and regulations frequently. Even though we are not in the Medicare administration program (nor do we want to be!), we do devote a lot of time and energy helping our clients navigate the system. So I am happy to help keep my clients abreast of new guidelines and changes in the Medicare system. It IS a difficult government program to understand – let alone deal with effectively.

Since many individuals get Medicare and Medicaid mixed up, Medicare is a government program that provides health insurance for people 65 or older, and people under age 65 with certain disabilities. Eligibility for Medicare is not tied to individual need, but it is an entitlement program paid for through Social Security taxes. (On the other hand, Medicaid is a federal-state  program, that pays for most nursing home patients, but has strict financial requirements for that help.)

Here are the latest updates on new earlier Medicare enrollment deadlines:

  • Want to change your Medicare coverage for 2012? This year there is a new, earlier deadline for open enrollment. It now runs from October 15th to December 7th (instead of November 15th to December 31st, last year.)
  • Open enrollment provides the chance to switch to another Part D prescription drug plan or another Medicare Advantage plan.You can also switch from traditional Medicare to Medicare Advantage Plan, or vice versa.
  • During the new enrollment period, you can compare costs and benefits of your current coverage with other plans on Medicare’s website.
  • If you change plans by December 7th, your new coverage begins January 1st, 2012.

For the attorneys and paralegals in our firm, being able to be helpful is a big part of being devoted to elder law. We’ve spent decades learning how to help seniors understand government programs like Medicare, veterans’ benefits, and insurance coverage claims, as well as the truly “legal” side of the business. Because we stay informed and have worked with seniors and their families for decades, we have helped thousands of families receive all the benefits to which they are entitled.

 

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Elder care attorney knows social support is the key to aging better

Posted on September 30, 2011 by admin

Loneliness is a common complaint from the seniors I see in my Indianapolis area elder law practice. Most seniors don’t choose isolation over spending time with others. Instead they find their lives increasingly isolated as spouses become ill, driving becomes restricted, friends die, and physical limitations make it harder to get out and socialize.    It saddens me to see this happen.

Perhaps you have seen recent articles in the newspaper, AARP and Senior Living magazines, or Readers’ Digest about how vital social support is as a person ages. The research has proven that having an active social life, many friends, and close family members can contribute to the psychological and physical wellness of elderly individuals. I can tell you from my perspective as an elder law attorney that support from others absolutely promotes physical health and reduces stress. And leading research confirms that psychological problems such as depression and anxiety can also be helped.

While it is true that most support does come from family members, there are times when family cannot be around due to responsibilities around work and children and distance away. Even a very involved and caring extended family cannot be the only avenue of senior social support — so where else can seniors look for social interaction?

Community-based services are one solution that I consistently hear good things about. Not only can new friendships be made, but self-awareness can be enhanced through programs like journal writing, book readings, group exercise, singing groups, and the like. Seniors may also feel more self-satisfied if they are part of the planning of social activities that take place.

If you or your parents need some extra social support, I hope you’ll consider adult day care centers such as Joy’s House in Broad Ripple, or one of the many senior centers around town with drop in programs. There are also Indianapolis area assisted living facilities that offer transportation assistance and meal delivery, religious affiliations with art, dance and exercise programs, and organizations like the YMCA that offer senior education and exercise classes.

All of these programs and activities can help promote positive self-awareness in seniors, which is another key aspect of healthy elder living.

My partner and I work hard to help our clients keep their assets protected but we also work hard to alleviate as many of their worries as is possible, to help them lead happier, more enriched lives. Social support is one aspect of that. I know I feel better knowing my clients are protected – and happy!

- Scott Severns

 

 

 

 

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Medicaid vs. Medicare

Posted on September 30, 2011 by admin

With all the talk about possible changes in Medicaid and Medicare in the news in recent months, it’s interesting that so many people are confused about the difference between the two.

As an attorney working with elder law for the past 30 years, I deal with that confusion issue with my clients almost daily. Although Medicaid and Medicare sound alike and are both government programs, they exist for very different reasons. Appreciating that distinction can make a difference in your planning and is well worth understanding.

To help clarify, Medicaid provides basic health coverage for low-income, financially dependent people.  It also pays for most people who are in nursing homes. Federal laws provide the basic outline of the program but it is administered differently in each state. You have to qualify financially for Medicaid, which is where legal asset protection is needed.

Medicare is a government program that provides health insurance for people 65 or older, and people under age 65 with certain disabilities. Eligibility for Medicare is not tied to financial need, but it is an entitlement program paid for through Social Security taxes.

Although you may qualify for and receive coverage from both Medicare and Medicaid, you do have to meet separate eligibility requirements for each program.

As a longtime elder care attorney in Indiana, one worry I hear a lot from our retired clients is concern about keeping their assets and being able to rely on back up Medicaid funding, should they need nursing care later in life. This is one of the areas in which Jeff Stinson and I devote a lot of time and study. We are sensitive to the worry we see in our clients’ faces, especially during the recent economic downturn.

Jeff and I work to help our clients keep their assets protected so that their life savings can provide for whatever their medical care needs may be. We also work hard to alleviate some of that worry. No matter what government program changes may occur, or what medical or financial challenges lay ahead, there is nothing that beats knowing the details of these complex programs and careful, surefooted planning for all possibilities. That helps our clients – and me – rest easier, knowing they are protected.

 

 

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One sentence Indianapolis Elder Law Attorneys never hear: “When I’m old, I want to go live in a nursing home”

Posted on September 23, 2011 by admin
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This gallery contains 3 photos.

After thirty years as elder law attorneys in Indiana, at Severns & Stinson, we’ve gotten the message: nobody wants to end up in a nursing home. Nursing homes are – and should be – last on seniors’ list of options. … Continue reading →

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‘Elder-centered’ elder law

Posted on September 23, 2011 by admin

The first time we talk to seniors or their adult children, we know you’ll have lots of questions and more often than not, may be very uncertain about what legal work you need, or even which direction to take.

Your uncertainty is perfectly understandable. After all, when your parents get older, family dynamics that have existed for decades can begin to shift. You may be asked to make decisions or provide help in areas you know little about. Your parents may be bewildered about the way Medicare, Medicaid or VA benefits work. They also know how busy you are with your work and family obligations, and have trouble asking their adult children for help.

As Indianapolis elder-law attorneys for the past thirty years, we appreciate what a confusing time this can be for the family. That’s why we begin our relationship with a meeting to listen. Because we’ve spent decades helping families in all kinds of diverse situations navigate through legal, financial, and medical challenges (and sometimes, emotional challenges, too), we have learned that we shouldn’t just “help you create a new will,” for instance. We need to first understand the particulars behind the request so we can balance legalities with your family situation. We want to understand your story and your family. What was Mom and Dad’s philosophy when it came to living life? Where did they live – and how did they live? What was important to them? Where are their children today, and how does the family work together now?

Have you got questions about your parents’ futures, or maybe your own? Let’s sit down together so we can understand what legal paths make sense for your particular situation. Give us a call. We’re all ears!

We know how to help you and your parents make decisions that feel safe, secure, and right.                             -Scott Severns

Posted in Elder law, help for aging parents, legal matters for seniors, Uncategorized | Tagged , , , | Leave a comment

The ‘we’ and ‘you’ of elder law

Posted on September 15, 2011 by admin

Your parents have spent decades saving and building assets. Now that their health is starting to fail, you’re concerned. You know they’ve dreamed of establishing security for you and your siblings and perhaps of leaving a legacy to their favorite causes. You want to be assured your parents’ assets will be there to help cover their future long-term care costs.

As attorneys committed to elder law for the past thirty-plus years, we have seen what a confusing time this can be for you and your family. You want what’s best for your parents. It’s just that you’re not sure about all of the laws.  You need to learn more about the way Medicare, Medicaid, and, for veterans or their widows, how VA benefit programs work.  You’re worried about taking care of your own job obligations and finding the time to navigate through the maze.

We understand that you and your family are trying to sort out new roles and responsibilities. The last thing your parents want is to be a burden on you. You, on the other hand, want to care for them without taking away their independence. It’s a whole new “dance” complicated by what you don’t know about powers of attorney, Medicaid rules, patients’ rights and other legal issues.  For us, that’s what being elder law attorneys is about. We’ve spent decades learning how to help people just like you navigate through these challenges. We know the right questions to ask. We know how to balance legal rules and your roles. When it comes to Medicaid, Medicare, veterans’ benefits, and insurance coverage claims, we know the rules and have helped thousands of families receive all the benefits to which they are entitled.

We’re hoping our new blog will help get a real dialogue going in your family. A dialogue between you and your parents.  A dialogue between you and your differently-abled child.  A dialogue between you and your siblings. Lastly we hope our blog will be the start of a dialogue between US – your family and the advisers at Severns & Stinson.

We invite you to begin the conversation right here. Ask us a question and we’ll get right back to you with information. Of course, if you’d feel more comfortable talking to one of us in person – please don’t hesitate to give us a call. Tell us your questions.  Tell us you just want to talk.

We know how to help you and your parents make decisions that feel safe, secure, and right.   –Scott Severns

 

Posted in Elder law, help for aging parents, legal matters for seniors | Leave a comment