Stephanie L. Schneider, PA Newsletter
Elder Law News Lawyers Can Use
Don't Be The Shoemaker Whose Children Are The Last To Wear Shoes!
how great your professional success, you and your family are doomed to be the subject of an expensive and time-consuming guardianship proceeding in the future if you do not have a plan. So...How many of you have a legal plan to manage your financial and medical affairs in the event of incapacity or, disability?
Here are some smart steps for you to take to create a successful 'living plan':
1. Have a Durable Power of Attorney for financial decision-making that designates a primary as well as successor agents. This is crucial regardless of whether you are a sole practitioner, entrepreneur or working for a law firm, partnership or corporation. Tip: If you think you can wait because your spouse's name is on your accounts think twice when it comes to retirement accounts, life insurance and annuities. By the way - the new DPOA law went into effect October 1, 2011.
2. Have a Designation of Health Care Surrogate for medical decision-making that designates a primary as well as successor agents. The medical privacy law called HIPAA will make it difficult for family members to obtain information or, make decisions about your condition.
3. Have a HIPAA Authorization that specifically authorizes health care professionals to release protected health information to your designated surrogate.
And remember: your "children" over the age of 18 are legal adults and need to plan so thay you and your family may have peace of mind.
Call me today and allow me to use my expertise to tailor a plan to your unique needs and family dynamics that will create peace of mind.
"Proper Planning May Create Peace of Mind"
We are your and your clients' partner in the aging process. Let us help you and your clients navigate the elder law maze!
How Traumatically Brain Injured Clients Could Have Avoided Guardianship
Hindsight is twenty-twenty and it is always easier to assess what should have been done after the fact. Consider some very simple yet powerful planning tips for your and your friends' young adult children.
Tale: A.B. was nineteen (19) years old when he was hit by a police vehicle during a police chase. A.B. suffered traumatic brain injury. In addition to the resulting physical disabilities (including loss of balance) A.B. has cognitive losses. The trial attorney advised the parents that a guardianship was necessary in order to file suit against the police department and proceed with a claims bill in the Florida legislature.
Tips: In Florida, when a minor turns age 18 they are a legal adult. This includes your adult children even though you may still think of them as a 'child.' In addition to throwing a graduation party consider having the young adult sign the following legal documents to avoid guardianship and maintain privacy: a Durable Power of Attorney that will allow parents to commence a lawsuit and settle a claim; a Designation of Health Care Surrogate; and a HIPAA Authorization (see descriptions above).
Your clients, friends and neighbors will love that you saved them thousands of dollars that a guardianship could have cost the family, and you maintained their privacy simply by referring them to our office to create a legal plan.
Call us to host Advanced Level CLEs
"Preserving the Personal Injury Settlement for the Aged and Disabled Client"
"Medicare Set Arrangements - they're not just for Worker's Compensation Cases anymore"
at your office.
Earn 1 CLE credits or 1 Trial Law certification credits and .25 ethics credit for each program.
|Representative Special Needs Trusts, Asset Protection Planning and Guardianship Clients|
Guardianship & Trust Professionals
Michael Carris, VP, Senior Trust Advisor
Regions Morgan Keegan Trust
Barry Givner, Sr. V.P, Wealth Mgt. Specialist
Coconut Grove Bank
2701 S. Bayshore Dr.305-860-2756
Jean Smith, V. P. Trust Advisor
Denise Lettau, V.P. Trust Advisor
Sun Trust Bank, N.A.
Earl Denney; Bill King; Jack Hill
Searcy Denney, et al
West Palm Beach
Ervin Gonzalez; Patrick Montoya
Colson, Hicks, Eidson
Clark Fountain La Vista Prather Keen & Kittky-Rubi
West Palm Beach
Lisa Levine/Mark Glassman
Levine & Glassman, LLC
2893 Executive Park Dr. Ste 203
Weston, FL 33331
954-349-2073Gloretta Hall; Linnes Finney
Gary, Williams, et al
Leesfield & Parners
Panter, Panter & Sampedro
Vaka Larson Johnson
Lon Worth Crow
Hinkle & Foran
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Estate & Incapacity
♦ Probate & Trust
♦ Last Will & Testament
♦ Revocable Trust
♦ Durable Power of Attorney
♦ Designation of Healthcare
♦ Quit Claim Deed
♦ Living Will
♦ Guardianships (adults &
♦ Long Term Care Facility
♦ Medicaid Applications &
♦ Veterans Benfits Planning
♦ Special Needs Trusts
♦ Representation of Trustees
♦ Protecting Lawsuit
Proceeds & Inheritances
while Preserving Medicaid &
♦ Exceptions to Medicaid
♦ Reduction of Third
Party Medicaid Liens
Stephanie L. Schneider has been selected as a
Top Lawyer in Elder Law in the 2011
South Florida Legal Guide
and Florida SuperLawyers 2011
Stephanie is accredited by the Veterans Administration
to counsel clients about veterans benefits planning.
Recent Seminars & Events
January 19, 2012
Families with Special Needs
January 31, 2012
Uncover the Secret of Veterans Aid & Attendance Benefits breakfast seminar for funeral directors and pre-need planners at our office
February 22, 2012
Memorial Regional Hospital
Free Breakfast Symposium:
Cultural &Social Diversity
Visit www.sunserve.org or call Hillary Josephs at our office for more information or to schedule Stephanie to speak at your office or organization.
Leap Day Open House
Music, Food,Netoworking, Raffles
and you might even lean something...