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November 2011

The Elder Law Update Important Updates for Seniors and their Advocates

Special Needs Community News

Social Security Benefits to Increase for First Time in Three Years

After receiving no cost-of-living increase (COLA) for two years running, the nation's Social Security recipients, including Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) beneficiaries, will get a 3.6 percent increase in payments in 2012. Starting in January 2012, the average monthly Social Security payment for a worker with disabilities will rise from $1,072 to $1,111 a month. The federal SSI payment standard will increase to $698 a month for an individual and $1,048 a month for a couple. The SSI student exclusion limit (the amount of earned income that an SSI beneficiary who regularly attends school may exclude from her SSI benefit calculation) will remain the same at $1,700 a month, with a yearly cap of $6,840.Although the SSI resource allowance also remains the same at $2,000 for an individual and $3,000 for a couple, the amount of money that a person can earn without engaging in Substantial Gainful Activity (which triggers a process that can result in the loss of SSDI or SSI benefits) is going to increase to $1,010 a month for a person who is not blind and $1,690 for a person who is blind. The Trial Work Period limit of $720 a month stays the same. For a complete list of the 2012 Social Security changes, click here.

Veteran's Corner

Computer-Based Learning Program Improves Communications

Between Oncologists and Patients

Showing doctors recordings of their interactions with patients may boost their ability to show empathy and communicate effectively, according to a study by researchers with the Department of Veterans Affairs (VA) and university partners. The findings appear in the Nov. 1 ls of Internal Medicine. "VA's advancements in medical research lead to better care for Veterans," said Secretary of Veterans Affairs K. Shinseki. "VA is always striving to improve the care we provide Veterans."

Read on ...

In This Issue

Estate Planning Considerations for Out-of-State Property

Medicare's Open Enrollment Season Already Underway

Average Cost of a Private Nursing Home Room Tops $87,000 a Year

Make Sure Your Power of Attorney Complies with Federal Privacy Law

Communicating End-of-Life Wishes Pays Off Where Aggressive Treatment Is the Norm

Upcoming Events

Quick Links

Top 5 Reasons to Beware of Joint Ownership Between Generations

Medicare Will Cut Social Security's 'Raise' in 2012

How to Help Fund Your Grandkids' Retirement

Health Reform Law Creates New Opportunities to Support Family Caregivers

Protect Yourself, Loved Ones From Financial Abuse of the Elderly

Web Site Helps Arrange Caregiving

Put the Elderly on Ice?

The Elder Law Update Archives

Florida Assisted Living Coalition presents

Pompano Beach & Palm-Aire Health Fair for Seniors and People with Disabilities

Friday, January 20, 2012

1:00 PM - 4:30 PM

Herb Skolnick Senior Center 800 SW 36th Street

Pompano Beach

Complimentary LunchReservations Required -

To make reservation,

call 1-.

Proceeds benefit

SAGE (Seniors Alliance

of Gay Elders) and

FALC 2012 Charities.

We Hope You had a Happy Thanksgiving with Your Loved Ones!

________________________________________________

Thank you to all of the professionals who joined us for our Fourth Annual Elder Law Forum. And a special thanks to our informative speakers and gracious host, Edgewater Pointe Estates. The Forum brought together professionals representing many fields including financial planners, CPAs, geriatric care managers, home health agencies, assisted living facility and nursing home administrators and others. In between the exploration of timely Elder Law topics the participants enjoyed exceptional networking with new colleagues. Once again we received fabulous feedback. We hope you will join us next year.

________________________________________________

We provide The Elder Law Update to our clients and our colleagues who make up a wide range of service providers for seniors and people with disabilities to facilitate the dissemination of helpful and accurate information. We thank you for letting us share our knowledge with you. We welcome your comments and questions. You may send them to Info@....

Estate Planning Considerations for Out-of-State Property

It is not uncommon for Florida residents to own real and tangible personal property, directly or indirectly, located in one or more of the other 49 United States. It is somewhat less common for this property to be integrated into a comprehensive estate plan that takes into account the additional probate and state estate and inheritance tax issues that may be caused by the ownership. Although the issues raised by such ownership and the solutions available will vary greatly from situation to situation, this article briefly covers some of the more important estate planning considerations to keep in mind when dealing with ownership of non-Florida property by a Florida-based client.

Click here to read the full article by J. Lannon in The Florida Bar Journal.

Medicare's Open Enrollment Season Already Underway

This year's holiday shopping season has begun early for Medicare beneficiaries: the program's Open Enrollment Period, during which you can enroll in or switch plans, began October 15 and ends on December 7.

Read on ...

Average Cost of a Private Nursing Home Room Tops $87,000 a Year

The cost of long-term care continues its upward climb, according to the 2011 MetLife Market Survey of Nursing Home, Assisted Living, Adult Day Services, and Home Care .

Read on ...

Make Sure Your Power of Attorney Complies with Federal Privacy Law

A power of attorney (POA) and a health care proxy are two of the most important estate planning documents you can have, but in some instances they may be useless if they don't comply with the federal privacy law.

Read on ...

Communicating End-of-Life Wishes Pays Off Where Aggressive Treatment Is the Norm

A new study finds that when medical personnel know what kind of care a patient wants at the end of life, Medicare can be spared significant sums and the patient is more likely to die at home rather than in a hospital, at least in certain areas.

Read on ...

Upcoming Events

Ellen S. , Esq. will be attending the Executive Board meeting of AFELA (Academy of Florida Elder Law Attorneys) and participating in the Advanced Practitioners Day of the AFELA UnProgram on December 2-3, 2011 in Orlando.

S. Krooks, J.D., CELA, CAP will present "The New Durable Power of Attorney Act" at the 14th Annual Elder Law Update presented by The Elder Law Affairs Committee of the Palm Beach County Bar Association on December 16, 2011. Click here for details.

The Greatest Compliment...

We always appreciate referrals from our satisfied clients, friends, business partners, and family members. We welcome the opportunity to serve the people you care about. Click on the blue Forward Email at the bottom of the page to send this newsletter to someone who will benefit from our insights.

Elder Law Associates PA is a boutique elder law firm that practices exclusively in Medicaid and long term care planning including long term care insurance, Medicaid applications, home and community-based Medicaid waiver services, diversion program benefits, nursing home benefits, spousal refusal applications, and Medicaid fair hearings and appeals; nursing home and assisted living facility residents' rights litigation; asset preservation planning with a special focus on planning in light of the Deficit Reduction Act of 2005, including personal service agreements, the purchase of life estates, income producing real estate and spenddown planning; disability planning, including special needs trusts and guardianship; estate planning, including wills and trusts and advance directives; and probate, which encompasses estate and trust administration as well as litigation.

We assist clients in planning for the possibility of disability, incapacity, home health care, assisted living and/or nursing home placement. Our firm enables clients to avoid impoverishment caused by the escalating cost of long term care, to maintain their right to make health care decisions and to avoid unnecessary medical treatment.

We hope you have enjoyed The Elder Law Update. If you have questions about something you read, elder law matters or issues concerning persons with disabilities, we would be delighted to hear from you. We serve as an elder law resource to many professionals and organizations and want to become your elder law resource as well. You can reach us at Info@....

Warm regards,

Ellen S. , Esq. & S. Krooks, Esq., CELA, CAP

Elder Law Associates PA

email: info@...

phone: /

fax:

web: http://www.ElderLawAssociates.com

This publication is intended for general information purposes only. It is not intended to constitute individual legal advice to any specific client.

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Elder Law Associates PA | 7000 W. Palmetto Park Road, Suite 205 | Boca Raton | FL | 33433

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