Loftus Law Offices, PLLC

02/22/2021

OFFICE COVID PRECAUTIONS:
Many people have realized that it is now more important than ever to have an up-to-date estate plan in place, and Loftus Law Offices, PLLC has been safely serving clients throughout the pandemic. We are committed to providing peace of mind while keeping everyone safe.

Please be assured that the continued health and safety of our clients, staff and community is the firm’s highest priority. As the health crisis evolves, we will continue to follow the recommendations of the CDC and the state of NH in reducing community spread of Covid 19.

Initial client meetings are conducted via video conference, interim meetings by phone or video, and signing meetings take place in the office with full precautions.

Clients and staff agree to cancel any day if we are ill or if we have been in contact with anyone who has tested positive for Covid-19 within the prior 14 days.
Clients and all firm staff agree to contact one another should any of us develop symptoms or test positive for Covid-19 within 14 days after a meeting at the firm.

Signings are limited to two clients (one couple), one attorney and two paralegals.

To prevent close contact in the stairway with other clients, all clients agree to call the firm from their car when they arrive for a pre-scheduled signing. We will affirm that we are ready for you and it’s safe to come in.

All clients and staff agree to wear masks over our mouths and noses. Hand sanitizer will be provided and a new pen that you will take with you after the signing.

Regrettably, during this time, no beverages or snacks will be offered; clients are also asked not bring any with you.

No one will have physical contact with another; we’ll greet one another with smiling eyes instead of handshakes or elbow bumps, etc.

Seating is arranged to permit a distance of 6+ feet between each staff member and clients.

Surfaces in the office, stairway and restrooms will be sanitized before and after all client visits.

We believe adherence to these precautions will keep everyone safe and look forward to serving you!

12/15/2016

The Importance of Family Caregiving

Family caregiving has always played an integral role in American society; and the need for this essential service will only continue to grow as our population ages. The following statistics highlight the importance of family caregivers in the United States:

• According to the United States Administration on Aging, there are more than 46 million people aged 65 or older living in the U.S. That number is projected to increase to more than 98 million by the year 2060.

• An estimated 10,000 Baby Boomers retire every day.

• It is anticipated that by the year 2050, 37 percent of elderly Americans will need some form of caregiver support. (An increase from 27 percent in 2012).

• According to the National Alliance for Caregiving, approximately 44 million family caregivers in the U.S. provide financial and/or societal contributions towards the wellbeing of loved ones.

• According to a recent study published online by Health Services Research, the cost for “informal” caregiving of the elderly by relatives and friends is approximately $522 billion annually.

• According to a 2011 MetLife study, women older than 50 who leave their jobs prior to retirement in order to serve a family caregiving role forfeit approximately $324,000 in wages, retirement benefits, and Social Security benefits.

• The National Academies of Science, Engineering, and Medicine published a report in early 2016 that found that individuals caring for elderly family members devote about 253 hours a month to caregiving (about the same as two full-time jobs).

Need for prior estate planning

Given these statistics, it is more important than ever that our seniors have suitable estate planning in place.

• Durable Power of Attorney. Family caregivers should strongly encourage their elderly loved ones to have both a Durable General Power of Attorney (for financial, tax and other matters); and HIPPA-compliant Advanced Directives (for all health-related matters). Healthcare providers and financial advisors should have copies of these documents as well.

• Medicaid Planning. This is a complex but incredibly important piece of seniors’ estate planning. If and when it comes time to consider applying for a nursing home residency, the federal Medicaid program, which is regulated by each state, conducts a “five-year look back period” at individuals’ financial transactions. Specifically, “regulators are looking for two things: if [the applicant] is hiding any money and if [he or she] has given any away.” There are certain exceptions to this general rule and it is very important to discuss your family’s options with a reputable and experienced elder law attorney.

• Social Security Benefits. Elder widows may be entitled to Social Security benefits. In fact, according to the caregiving organization, Caregiving.org, a widow 65 or older could miss out on approximately $15,000 in Social Security benefits if not properly requested.

In order to avoid a guardianship situation that may be extremely emotionally taxing and expensive, contact an experienced elder law attorney – licensed in the state where your loved one(s) live – before things turn messy. This will preserve everyone’s dignity and avoid family conflicts once it becomes clear that caregiving needs to begin.

Caregivers Need Support and Respite

In addition to the economic toll faced by family caregivers, caregivers may suffer physical and mental burnout if they do not have sufficient support and respite. Studies indicate that family caregivers of their elderly loved ones have higher rates of anxiety, stress, depression, and chronic disease than the general population.

Therefore, it is critical to provide the necessary emotional, financial, and physical support of our nation’s family caregivers, as well as provide them with respite when they need a break. This ensures that family caregivers continue to provide the best possible care and support to their elderly loved ones.

Importance of Caregiver Contracts

Providing a defined set of guidelines for families and family caregivers is important so that everyone is on the same page– including expected tasks, schedule of care, and financial compensation. This can be accomplished through the careful drafting and ex*****on of a legal document known as a caregiver contract. If possible, a caregiver contract should provide the caregiver for basic expenses as well as lost wages and IRA contributions.

Additionally, a caregiver contract is important for Medicaid planning purposes. Payment to a family member for caregiving services must avoid the appearance of a financial gift. Regulators will scrutinize any monetary transfers to family members; and the existence of a well-drafted caregiver contract is important in that regard. The last thing anyone wants is for his or her elderly loved one to be disqualified from receiving Medicaid benefits.

Like any legal document, a caregiver contract should contain specific terms and conditions. Seeking the counsel of an experienced elder law attorney will provide you with peace of mind knowing that everything is drafted appropriately.

The field of elder law is constantly evolving as our country recognizes the needs of our aging population. For assistance with elder law matters, contact Loftus Law Offices, PLLC today. We can be reached at 603-465-7178 and at [email protected].

11/23/2016

This is great news!

Education, better heart health may deserve credit.

10/20/2016

Federal Nursing Home Regulations Are Overhauled

Last month, The Centers for Medicare and Medicaid Services (CMS) issued new rules and regulations for skilled nursing care centers that receive Medicare and Medicaid funding. This 713-page overhaul is a comprehensive revision of nursing home regulations and affects almost every aspect of the lives of residents of these facilities.

One of the significant changes included is the outright ban of pre-dispute arbitration agreements in nursing home admission contracts as a condition of acceptance.

What are pre-dispute arbitration agreements?

When a soon-to-be nursing home resident signs an admission contract containing a pre-dispute arbitration clause, he or she agrees not to file any future lawsuits against the facility, even in cases of negligence, abuse or neglect. Instead, the resident agrees to use arbitration proceedings, which are not conducted in a court of law, so no matter how serious the allegations against the facility, its practices are not subject to public scrutiny. The resident is usually also required to pay for the arbiter, a private individual, as opposed to a judge, who is a public servant.

The signing an admission contract to a nursing home is often an enormously stressful time for both the resident and his or her family, putting them at a significant disadvantage in the process. Emotions may cloud understanding, particularly of confusing legal jargon, and rarely is there time to consult an attorney about the contract because there may be few or no alternative facilities with available beds. Moreover, the resident is about to become dependent upon the facility for personal care and may feel pressure not to “rock the boat” by starting out on an adversarial note.

So, what does a ban on these types of agreements actually mean for soon-to-be residents?

By prohibiting nursing homes from using these “unconscionable” agreements, CMS is protecting facility residents’ constitutional rights to trial - an effective remedy to redress civil wrongs.
Binding arbitration agreements may still be utilized as a means of resolving disputes between nursing home residents and facilities, but the new rules require that the agreements may only be made after the dispute has arisen, when the details and seriousness of the allegations are known.

CMS believes the changes to the rules, particularly the ban of pre-dispute arbitration agreements, are necessary to reflect developments and advancements in nursing home safety and service delivery. In describing the changes, CMS notes that, “These revisions are . . . an integral part of our efforts to achieve broad-based improvements both in the quality of health care furnished through federal programs, and in patient safety, while at the same time reducing procedural burdens on providers.”

Effective Date

The ban on pre-dispute arbitration agreements goes into effect on November 28, 2016. The new rule does not affect agreements entered into by nursing home residents and facilities before that date.

NOTE: Unfortunately, the new rule will not apply to assisted living facilities at this time.

The field of elder law is constantly evolving as our country recognizes the needs of our aging population. For assistance with elder law matters, contact Loftus Law Offices, PLLC today. We can be reached at 603-465-7178 and at [email protected].

10/02/2016

We're devoted to helping individuals with disabilities and their families. Give us a call to discuss your unique needs: (603) 465-7178

09/26/2016

Recently, the state of Tennessee enacted a groundbreaking and widely praised law focused on preventing one type of elder abuse. The Campbell-Falk Act provides protection to individuals who have become wards of the state or whose appointed conservators control all aspects of their lives, from living arrangements and finances to their visitation schedules.

To best explain the significance of the Campbell-Falk Act, it is helpful to describe how the law came to be . . .

Glen Campbell, the famous country singer, was diagnosed with Alzheimer’s disease in 2011. Now 80 years of age and in the final stages of the disease, he resides in a memory care facility in Nashville, TN. Unfortunately, the relationships between Campbell’s current wife, Kim, and his oldest children, Debby Campbell-Cloyd and Travis Campbell, have been strained for some time.

According to Debby and Travis, Kim prohibited them from seeing their father – which prompted extensive and expensive court intervention. The situation was so grueling that Campbell’s children pressed for legislation to ensure that other families could be spared this experience.

In the process, Campbell’s children teamed up with elders’ rights advocacy groups and Catherine Falk, daughter to famous Emmy-winning Columbo actor, Peter Falk. In Catherine’s case, her stepmother never notified her of her father’s death nor his funeral. Since then, she has lobbied state legislatures across the country to provide protections to those who cannot protect themselves.

The new Tennessee law gives protection to those with conservators by providing that they have a right to visit, communicate and interact with family and loved ones, and that a conservator shall not restrict this right unless specifically authorized by a court order. The law is meant to strike a balance between the rights of wards and their protection.

Specifically, the law sets forth a process by which the conservator can petition the court to place restrictions upon communication or interaction with certain people if the conservator can show good cause. The law also provides some of the factors the court can consider in this regard, including previous protective orders and past preferences and wishes of the ward.

In discussing the significance of the law, Tennessee Senator Rusty Crowe, a primary sponsor of the bill, noted that, “it is heartbreaking to hear sons and daughters who cannot spend quality time with their parent after they are incapacitated and their health is in decline. We believe this new law strikes the right balance so that it protects the rights of some of our most vulnerable citizens, while at the same time giving the conservator a fair process to follow in protecting the ward.”

The field of elder law is constantly evolving as our country recognizes the needs of our aging population. For assistance with elder law matters, contact Loftus Law Offices, PLLC today. We can be reached at 603-465-7178 and at [email protected].

Image courtesy of www.people.com

09/13/2016

What is a Durable Power of Attorney and Why is it Important?

As adults, we don’t like to think about ever being in a position where we cannot make decisions or speak for ourselves. Unfortunately, sometimes situations arise where we need to rely on others to look out for our best interests. One such situation is when a person becomes incapacitated due to illness, trauma, or a disease such as dementia or Alzheimer’s. Because there is no way to predict if any of these circumstances will arise, either very suddenly or over time, it is important to have a legal document in place that names a specific individual to make decisions for us if we cannot do so ourselves.

This can be accomplished through the creation of a Durable General Power of Attorney (referred to as a DGPOA) whereby a person (the “principal”) appoints a competent adult (an “agent”) to act on behalf of the principal. Essentially, in this written, legally binding document, the principal gives authority to the agent to step into the shoes of - and make decisions for - the principal.

Though powers of attorney may be limited to a very specific task (such as selling the principal’s home), they are most useful as estate planning tools when they permit the agent to act in a broad variety of circumstances (such as handling all of the principal’s legal and financial matters). As with most legal documents, the devil is in the details and it is very important to work with a reputable estate planning attorney. Accidents and certain illnesses occur unexpectedly, so waiting until they happen may be too late. Legal documents can only be validly executed while the principal is alert and competent.

As the name suggests, the DGPOA is in fact “durable,” meaning it remains in full force and effect during the lifetime of the principal, and is durable through incapacity. The principal can revoke it at any time he or she is competent, and it is no longer effective after the principal’s death.

So, Why do I Need a Power of Attorney?

Many people assume that in the event of catastrophic injury or illness, a spouse or adult child can automatically act on their behalf. This is not the case. If you become incapacitated, a valid DGPOA is needed to grant legal authority to your chosen agent pay bills and taxes, apply for benefits on your behalf, make transfers of assets for the purpose of Medicaid or estate tax planning, and generally handle your finances and assets.

Another misconception is that parents can act on behalf of their children who have reached age 18. That is also not the case. Once a child turns 18, the parents’ legal authority to make decisions for a son or daughter no longer exists. A DGPOA is needed to give this authority to the parents.

When there is no DGPOA in effect, a legal proceeding is required in probate court to appoint a Guardian or Conservator. The Court requires a showing of proof of both the ward’s incapacity and of the proposed Guardian’s fitness to serve. This process involves court fees, attorneys’ fees, ongoing court supervision and the annual filing of reports.

Advance preparation of a properly drawn up Durable General Power of Attorney can prevent the expense, inconvenience and humiliation of the guardianship process. Contact Loftus Law Offices, PLLC today to discuss the options you have. We can be reached at 603-465-7178 and at [email protected].

09/01/2016

Retirement Plans and Estate Plans: How You Can Make Them Work Together

The estate planning process is a great opportunity to take a fresh look at retirement plans and determine if any changes or updates should be made. Since retirement accounts are often the most valuable assets for many individuals, it is important to review them on a regular basis. When planning to leave retirement accounts to chosen beneficiaries, there are many things to consider.

Update Beneficiaries Regularly
Beneficiaries must be listed when you set up your retirement account. These named beneficiaries remain in place unless and until you change the designations. Many people often forget to update their beneficiaries, even after major life changes, such as marriage, divorce, the births of children, etc.
It’s important to consider who to choose as the beneficiary. The designated beneficiary of a retirement account determines the measuring life over which distributions must be taken post-death. In other words, if you name the right beneficiary, the distributions can be stretched over a longer period.

Therefore, it is important to review your retirement plans periodically.

Discuss Naming a Trust As Contingent Beneficiary
There are advantages to beneficiaries inheriting proceeds from retirement plans through a trust rather than directly through the retirement account, such as asset protection from future potential creditors and ex-spouses. However, there are several restrictions and regulations that must be followed and significant tax implications that may apply, particularly when the beneficiary is a spouse. It is therefore essential to seek advice from an experienced estate planning attorney to ensure that the right kind of trust is drawn up and that it contains specific provisions addressing retirement plans.

Consider a Roth IRA
With respect to a 401(k), IRA and a few other types of individual plans, pre-tax dollars are contributed to the plan and the owner generally pays income tax later, when withdrawals are made. This is also true for beneficiaries when they make withdrawals from these inherited accounts (unlike with other inherited assets, where no income tax is due from inheritances.)

An alternative retirement plan - a Roth IRA - is treated differently by the IRS. Contributions to a Roth IRA generally are not tax-deductible, but grow tax-free. Qualified withdrawals from the account generally are not taxed. Also, there are no required minimum distributions during the participant’s lifetime with a Roth. So, a strategy that is often considered is to convert the assets in a traditional IRA to a Roth IRA when in a lower income tax bracket. There are other benefits (as well as restrictions and penalties) regarding Roth IRAs that should be discussed in advance with a knowledgeable financial advisor.

Notify your Beneficiaries of your Intentions
You may wish to let your beneficiaries know that they will inherit your retirement plans upon your death. This can get them thinking about possible tax implications regarding the inherited funds and allow them to plan accordingly.

Contact Loftus Law Offices, PLLC today to discuss your estate planning needs and to receive valuable guidance when making these decisions. We can be reached at 603-465-7178 and at [email protected].

07/14/2016

Avoiding Family Disputes After Your Death

As we all know, disagreements among family members are a part of life. Even the closest of families experience dustups every now and again, but most of us don’t like to think of them happening as a result of our deaths. In fact, avoiding family disputes is often one of the primary reasons to have a carefully drafted estate plan. It can be very helpful to identify (while you are alive and well) some situations that often lead to disputes so that you can try to prevent them. Here are some common reasons why disputes arise following a family member’s death, and some tips on how to avoid them from happening.

Surprise & Lack of Communication . . . The element of surprise is one of the most common situations leading to family disputes. Your family members may be upset if your assets are divided and handed down in a manner that is unexpected. One way to avoid this surprise (and any resulting hurt feelings) is to provide your family with a broad outline of how you plan to leave your property. It is best to do this while you are healthy and have the ability to explain your choices. Even if your family does not understand your reasoning, they will have time to digest the information and ask you any questions they may have.

“Unfair” Disposition . . . This topic is certainly intertwined with surprise and lack of communication. Your family members may have preconceived notions of what they feel is a fair disposition of your assets and property upon your death. You, however, may feel otherwise. You may believe that certain family members are not entitled or ready to inherit certain property – despite what they may think. It is important to remember that it is your money and your property and you may leave it to whomever you choose. However, if you wish to avoid a situation where your family members become embroiled in a family dispute after you are gone, it is important to set expectations in advance. By doing so, it is more likely that family members (maybe begrudgingly) accept your wishes and refrain from arguing with each other.

Bad Family Dynamics . . . Unfortunately, this is one area where you have little control. If your family members have issues with each other for whatever reason(s), disputes may be likely to arise upon your death. In this case, one thing you can do is plan for the possibility of a dispute. To do so, it is important to think about the relationships between your executors/trustees and the beneficiaries of your assets and property. In some cases, appointing co-trustees, particularly in blended families, may minimize the chance of conflict. However, if the individuals chosen don’t work well together, serving together may instead increase the chance of arguments. Sometimes a neutral party or corporate trustee is the best choice. In thinking about whom to choose to administer your will and trust, see our post on Some Things to Consider When Choosing a Trustee and Executor.

A good estate planning attorney will be mindful of these factors and can help you structure your estate plan in an effort to minimize the risk of a family dispute.

Contact Loftus Law Offices, PLLC today to discuss your estate planning needs and to receive valuable guidance when making these tough decisions. We can be reached at 603-465-7178 and [email protected].

"Stop Arguing" image courtesy of Stuart Miles and www.FreeDigitalPhotos.net

07/06/2016

This is a great article for the many families affected by a loved one's memory loss - now or in the future ~

A parent's descent into Alzheimer's can be terrifying. Learn how to spot the signs, manage symptoms and weather the emotional storm.

07/05/2016

Some Helpful Tips for Downsizing (Baby Boomers, Take Note!)

The trends set by Baby Boomers have been monitored and scrutinized for decades. After all, this group represents 26% of the entire U.S. population, and therefore has a significant effect on the nation’s economy, political landscape and healthcare system.

One statistic regarding this enormous population is particularly staggering: For the next 20 years, an average of 10,000 people each day will reach age 65. All those retiring Baby Boomers face the likelihood of major changes in their lifestyles, such as selling their homes and relocating to condos, retirement communities and assisted living facilities.

This change is an exciting time for many people, but one thing tends to cause stress: sorting through decades-worth of accumulated household items and then figuring out what to do with them. The good news is that there are effective ways to approach this sometimes daunting task.

Here are some helpful tips on how to go about downsizing:

Choose your approach and stick to it! Approaching a “downsize” is very similar to tackling a major tidying project. You can focus on one category of objects at a time – such as clothing, books, kitchen items, etc. It is always a good idea to leave sentimental items until last because it will take the most thought and time to go through. Another approach is to focus on one room at a time. An important tip regarding both of these methods is to completely finish one category/room before moving on to the next. Another helpful tip: place everything in one category out in the open so you can see it all at once. Once you see that you have six ice cream scoops or 15 shirts with the tags still attached, you will be more likely to add more to the “get rid of” pile. And remember – some items need to be thrown out; accept it and move on!

Consider consignment shops. Once you have created your discard pile(s), you must decide what to do with the items. There are many people and organizations that can benefit from items you longer need. If you have new or high-end clothing, furniture or books, consider taking them to consignment shops in order to get some cash for your goods. You can take back any items that do not sell; the shop takes a percentage of the proceeds that do sell. This is a relatively simple way to sell some higher-quality items.

Hold a yard sale or head to the local flea market. These are pretty self-explanatory. They tend to consume time and effort, but are rather simple ways to sell your items before making donations. If you choose to do so, make sure you brush up on your negotiating skills prior to haggling with potential buyers! Also, keep in mind that you have to gather and haul your stuff either to your front yard or to the flea market. And one more cardinal rule: whatever you do not sell, do not take home or put back in the house! Take it directly to the organization where you plan to give your donations.

Make Charitable Donations. Sometimes, this is the most simple, fulfilling way to say goodbye to your items. There are many organizations that would be thrilled to have your gently used goods. Research some local charities in your area to determine which organization would be the best fit for the categories of items you wish to donate. Many organizations have donation bins in various locations. Other groups will come to your house to take away furniture and other items. One important thing to note here: keep track of what you donate, take pictures and estimate the value of the items. This is important for taking tax deductions.

However you decide to downsize and pass along your used items, keep in mind that it is OK to part with them. Remember the old adage, “You can’t take it with you” and feel good about your decisions.