Elder Mediation

Elder law attorneys regularly have a unique vantage point into the reality that, even the healthiest and most functional of family roles and relationships can become very complicated very quickly when an elder loved one starts needing additional care.

As needs and long-held roles within a family change, many of our clients benefit from learning new ways of coping with evolving relationships and new realities.

In many cases, elder mediation can be a helpful and empowering tool. Mediation provides an opportunity for the elder and all involved members of a family to participate in thoughtful and collaborative decision making. It can provide a valuable opportunity for family members to attack the issues at hand instead of each other.

Once the family has settled on a plan, then we can often help by drafting the documents needed to put that plan into action.

A core value of our practice is the dignity, autonomy, integrity, and protection of elders and their families. So give us a call if you have questions about elder mediation, supported decision making, or long term care planning on behalf of an elder loved one.

We can help.

March is Disability Awareness Month

Did you know that March is Indiana Disability Awareness Month?

No matter the differences between us, it’s always better to treat others the way you want to be treated, and this is especially true when interacting with our co-workers, classmates, and neighbors who live with disabilities.

The 2018 Indiana Disability Awareness Month campaign theme- “Be Cool, We are!”- is all about the importance of being comfortable in your own skin and making the conscious decision to be yourself.

Acting differently around someone with a disability isn’t cool.

So… be cool!

And learn more about Indiana Disability Awareness Month here.

 

 

Carefully Consider Your Gifts

Our clients are people of generosity.

They love to give (and receive) gifts during their lifetimes and they are committed to leaving legacies of generosity in the hearts of their families and in the bodies of their estate plans.

But beware- If you believe that you may need help paying for long term care in the future, then you should be extra mindful about gift-giving during your lifetime. Under federal Medicaid law, if you transfer certain assets within five years before applying for Medicaid, you will be ineligible for a period of time (called a transfer penalty), depending on how much money you transferred.

Gifts, loans, or charitable donations over a certain threshold can result in “penalizable transactions.”

If you’re an elder thinking about helping with tuition, loaning an adult child money for a down payment on a home, or giving other gifts, give us a call.

We can often walk you through different strategies that can reduce your risks while still accomplishing many of your generous goals.

gift

Happy New Year!

Happy New Year to you and yours!

Here’s to eating clean, moving more, being more intentional with time, and getting those little ducks in a row.

We usually get a deluge of estate planning inquiries in January as people make good on those resolutions.

Let us know if we can help.
(We’ll provide the caffeine.)

Calling all Generous Gift-Givers!

Calling all generous gift-givers!

Are you considering gifting cash, stocks, or property to loved ones this holiday season?  If so, then you’ll definitely want to know that the annual gift tax exclusion for 2018 is rising from $14,000 (where it has been for the past five years) to $15,000.

This means that anyone who gives away $15,000 or less to anyone other than their spouse doesn’t have to report the gift or gifts to the IRS (though you’ll still have to file a gift tax return).

With the increase in the gift tax, the amount you can give to an ABLE account. (INvestABLE Indiana) is also increasing to $15,000. ABLE accounts allow people with disabilities and their families to save money in designated accounts for disability related expenses without jeopardizing their eligibility for Medicaid, Supplemental Security Income (SSI), and other government benefits.

There are so many ways to create a legacy of generosity.

Let us know if we can help.


 

New Law Gives Grandparents Notice About Adoptions

Is your family considering a stepparent or a kinship adoption?

If so, you should be aware of House Enrolled Act 1245, which took effect in Indiana on July 1st, 2017.

This new law requires certain classes of grandparents to be notified of adoption proceedings.  Perhaps not surprisingly, there is already a healthy amount of debate and varying interpretation surrounding it.  If you would like to learn more about this legislation, you may do so here.

We will be following caselaw and debate on this issue closely.   In the meantime, if your family has any questions about kinship adoption, let us know.

We can help.

News/Community Involvement

As an extension of her law practice, Stasia regularly performs at musical events benefitting local organizations who support elders and individuals with special needs.

“Pam’s Party: A Joy’s House Open House” will be held on the evening of Thursday, July 27th @ 6:30pm at Joy’s House in Broad Ripple Village. It’s a celebration to honor caregivers and Guest/potential new Guests.

This open house is free to attend, but you may wish to bring cash for supper and activities, which will be available for purchase.

Hope to see you there!

 

Signed, Sealed Delivered-the Future of Executing Estate Planning Documents

Signed, sealed, and delivered.

One of our wonderful clients just presented us with a new sushi pen for our ever-expanding collection when he signed his estate planning documents this week.

Signed,Sealed,Delivered

But will we always need our fancy and fun pens for this job? Maybe not.

The Indiana Legislature is currently considering a bill that would allow the electronic signature of estate planning documents.

This bill is the topic of hot debate at the moment. Online legal providers such as LegalZoom are focusing on the convenience aspect.

Other practitioners (us included) see some potential benefits, but are concerned with the very real possibility of undue influence and potential difficulties with ensuring proper and personalized drafting/witnessing/execution of documents, especially for our most vulnerable clients..

What do you think of electronic execution of estate planning documents? Opportunity? Headache? Or both?

March is Disability Awareness Month

Did you know that slightly more than 19 percent of Indiana’s population is represented by adults and kids with disabilities?

March is Disability Awareness Month in Indiana and we’re especially appreciative of this year’s campaign theme- “I’m Not Your Inspiration.”

Often, people with disabilities who are successful, athletic, employed, or simply good neighbors are put in the spotlight as inspiration to others.   This year’s campaign theme emphasizes that people with disabilities are people first-people who want to be fully included in their communities, just like everyone else.

You can learn more about Disability Awareness Month here.

Questions about planning for your loved one with disabilities?

We can help.

disability awareness month

News/Community Involvement

We are so pleased (and proud) to announce that Stasia has been appointed by the Indiana Governor’s Office to serve on the Board for the Achieving a Better Life Experience Program (ABLE.)

The ABLE Act was signed into law in March of 2016 and will allow certain people with disabilities and their families the opportunity to contribute to a tax-exempt savings account that can be used for health care needs and other designated resources that promote independence and quality of life.

The mission of the Indiana Able Authority Board is to help develop and implement a qualified ABLE program for individuals with disabilities in the State of Indiana.

We applaud the members of the Indiana State Legislature for their support of the ABLE Act.   It is a critical strategy to providing a pathway to a better economic future for all people with disabilities.

Stasia is thrilled to have the opportunity to help champion ABLE in our community.

Questions about estate planning, guardianship, or long term care planning for your loved one with special needs?

We can help.

ABLE appointment certificate