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YOUR LEGAL UPDATE FOR DECEMBER 2012
 HAPPY HOLIDAYS

The attorneys and staff at Dutton & Casey send you the warmest thoughts and best wishes for a wonderful holiday season and a very Happy New Year.    

  

Janna Dutton

Kathryn Casey

Helen Mesoloras

Hanny Pei

Julie Dow

Betty Rodriguez

Pat Sandifer

Erin Vogt

 

 

MEDICARE 2013

The Center for Medicare and Medicaid has announced MEDICARE CARD the  new Medicare premiums, deductibles, and coinsurances. The standard Medicare Part B premium is increasing by $5 to $104.90 a month, smaller than the $9 per month increase predicted earlier in the year.

 

As previously reported, Social Security recipients will receive a 1.7 percent increase in payments in 2013. Most people have their Medicare premiums deducted from their Social Security benefits. The smaller-than-expected hike means that most Medicare recipients will still receive a modest boost in Social Security benefits.

 

Here are all the new Medicare figures:

  • Part B premium: $104.90/month (was $99.90)
  • Part B deductible: $147 (was $140)
  • Part A deductible: $1,184 (was $1,156)
  • Co-payment for hospital stay days 61-90: $296/day (was $289)
  • Co-payment for hospital stay days 91 and beyond: $592/day (was $578)
  • Skilled nursing facility co-payment, days 21-100: $148/day (was $144.50)

As directed by the 2003 Medicare law, higher-income beneficiaries will pay higher Part B premiums. Following are those amounts for 2012:

  • Individuals with annual incomes between $85,000 and $107,000 and married couples with annual incomes between $170,000 and $214,000 will pay a monthly premium of $146.90 (was $139.90).
  • Individuals with annual incomes between $107,000 and $160,000 and married couples with annual incomes between $214,000 and $320,000 will pay a monthly premium of $209.80 (was $199.80).
  • Individuals with annual incomes between $160,000 and $214,000 and married couples with annual incomes between $320,000 and $428,000 will pay a monthly premium of $272.70 (was $259.70).
  • Individuals with annual incomes of $214,000 or more and married couples with annual incomes of $428,000 or more will pay a monthly premium of $335.70 (was $319.70).

Rates differ for beneficiaries who are married but file a separate tax return from their spouse:

  • Those with incomes between $85,000 and $129,000 will pay a monthly premium of $272.70 (was $259.70).
  • Those with incomes greater than $129,000 will pay a monthly premium of $335.70 (was $319.70).

The Social Security Administration uses the income reported two years ago to determine a Part B beneficiary's premiums. So the income reported on a beneficiary's 2011 tax return is used to determine whether the beneficiary must pay a higher monthly Part B premium in 2013. Income is calculated by taking a beneficiary's adjusted gross income and adding back in some normally excluded income, such as tax-exempt interest, U.S. savings bond interest used to pay tuition, and certain income from foreign sources. This is called modified adjusted gross income (MAGI). If a beneficiary's MAGI decreased significantly in the past two years, they may request that information from more recent years be used to calculate the premium.

 

For more information, go to medicare.gov.

THE AVERAGE COST OF CARE INCREASED IN 2012

The cost of long-term care increased significantly, according checkbook to the 2012 MetLife Market Survey of Nursing Home, Assisted Living, Adult Day Services, and Home Care Costs. Private room nursing home rates jumped 3.8 percent to $90,520 a year or $248 a day, while assisted living facility costs rose 2.1 percent on average to $42,600 a year or $3,550 a month.

 

The average cost of homemaker/companions increased by 5.3 percent to $20 per hour. The news wasn't all about increases, however. The cost of adult day care services remained the same as last year at $70 per day and the average cost of home health aides remained at $21 per hour. The survey also reports on the cost of a semi-private room in a nursing home, which increased 3.7 percent to $222 a day, or $81,030 a year.

 

Once again, the highest rates for a private nursing home room in 2012 were found in Alaska. This year the lowest rates were found in Oklahoma (with the exception of Oklahoma City and Tulsa) Texas (with the exception of Austin, Dallas/Ft. Worth, and Houston) had the lowest rate for a semi-private room. 

 

The cost of assisted living continues to be the highest in the Washington, D.C., area, and the lowest in Arkansas (except for Little Rock).  Average home health care aide services ranged from a high of $32 an hour in Rochester, Minnesota to $13 an hour in the Shreveport area of Louisiana. Adult day care services were highest in Vermont and the lowest in the Montgomery, Alabama, area. 

 

For the full 2012 report, including listings of average long-term care costs in selected cities, click here.

BOOK REVIEW

Lawrence Frolik and Linda Whitton.  

Everyday Law for Seniors. Paradigm Publishers. Boulder, CO. 2012. 189 pages.

 

Seniors confront many issues that require a basic understanding of the law, from financing long-term care to protecting themselves in the event of incapacity. This book provides a clearly written and concise guide to the range of legal options and rights available to seniors.

 

Written by two law professors and elder law experts, and part of a series of "Everyday Law" primers, Everyday Law for Seniors explains how those in their 60s and older can use the law to their best advantage. The book covers a wide variety of topics of interest to seniors, including age discrimination, Social Security, retirement benefits, Medicare and Medicaid, guardianships, powers of attorney, and elder abuse. In clear, understandable English, each chapter describes the law and gives seniors an overview of their legal rights and protections to help them make the best possible decisions.

 

The authors don't offer legal advice and the book is not meant as a substitute for an attorney. Instead, the straightforward information the book provides can help readers understand their options, ask good questions, and better comprehend any legal advice they receive.

 

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For information on how the attorneys at Dutton & Casey can assist you, or someone who you care about, please review our website or send us an email. 

 

We concentrate in estate planning, probate, and elder law and can assist you with planning for today.... and for tomorrow.

ARE YOU REALLY 'IN' THE HOSPITAL ? 

Did you know that even, if you stay in the hospital  overnight, HOSPITAL you might still be considered an "outpatient"?

 

Your hospital status (whether the hospital considers you an "inpatient" or "outpatient") affects how much you pay and more.

 

 click here to learn more.

FACEBOOK AND LINKED IN

Dutton & Casey is now on Facebook and Linked In.

 

Please 'like us' and 'connect with us' to recieve updates on topics realted to estate planning, probate, elder law,  our programs for the community and professionals, and much more. 

UPCOMING PROGRAMS

FOR COMMUNITY MEMBERS

  

Legal Planning When Living with a Chronic Medical Condition: Huntington's Disease

 

Presenter: Janna Dutton

Date: Saturday, March 9, 2013

Location: Northbrook Hilton Hotel, 2855 Milwaukee Ave, Northbrook, IL

 

This presentation is part of the annual conference of Huntington's Disease Society of America, Illinois Chapter.

 

For more information, please go to their website. 

  

 

FOR PROFESSIONALS

 

Guardianships: What They Are, How They Work, and How They Can Assist Your Clients

 

Presenter: Janna Dutton, Attorney and Partner

Date: Friday, December 14, 2012

Location: This session is being offered in conjunction with the Illinois Department on Aging's Annual Governor's Conference on Aging being held in Chicago. 

 

click here to read the conference program.

 

Medicaid in Illinois

 

As you know, since January 1, 2012, the Medicaid program in Illinois has undergone major changes. Attend this program, facilitated by Elder Law Attorney Janna Dutton to learn more about the changes, how it impacts our clients, and the ethics of how changes to a program, designed to serve a valuable population, increased their vulnerability.

Presenter: Janna Dutton, Attorney and Partner

Date: Friday, January 18, 2013

Time: 12 noon

Location: Rush University Medical Center, Room TBA, Chicago, Illinois.

Registration: There is no charge to attend. Registration is required. Contact Debra Markovitz to register. 1 hour of ethics CEU Social Work credit will be awarded.

 

Trusts: 101

 

Presenter: Kathryn C. Casey, Attorney and Partner

Date: January 22, 2013

Location: Kenneth Young Center, Elk Grove Village. This session is for employees only.

 

Medicaid Update and Planning Documents for the Elderly Client

 

Presenter: Janna Dutton, Attorney and Partner

Date: Friday, January 25, 2013

Time: 8:30 am-10:30 am

Location: Renaissance Chicago, 1 West Wacker, Chicago, IL 60601.

Cost: $189 per person for a group of 2 or more registering before January 24, 2013; $209 per person for people registering before January 24, 2013; $229 for people registering on January 25, 2013.

 

This program is part of the program, IL ElderLaw 2013.

For More Information or Registration: please click here

 

Guardianships: What They Are, How They Work, and How They Can Assist Your Clients

  

Presenter: Janna Dutton, Attorney and Partner

Date: March 5, 2013

Location: Greater Illinois Chapter of the Alzheimer's Association. This session is for employees only.

 

Elder Law and Ethics, 2013

Please join us for an interactive presentation and case studies of elder law & ethics topics such as:

  • Determination of decisional capacity
  • Risk factors for neglect, abuse, exploitation, and undue influence
  • Solutions for helping those at risk
  • Changes to Medicaid

Presenter: Janna Dutton, Attorney and Partner

Date: Tuesday, April 16, 2013

Registration: 8:30 AM - 9:00 AM

Program: 9:00 AM - 12 Noon

Location: Covenant Home, 2720 W. Foster, Chicago, IL 60625

Continuing Education: This program will award 3.0 clock hours to Illinois Social Workers, Professional Counselors, and Nurses. This program satisfies the Illinois social worker 3 hour ethics requirement.

Registration: There is no cost to attend. However, advanced registration is required and seating is limited. Click here to register.  

 

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For current information on upcoming presentations, or to inquire about hosting a program at your location, please read our website, future editions of YOUR Legal Update, like us on Facebook, and connect with us on Linkedin for the most current information.

group shot sept 2012 

Our Attorneys
 

From left to right:
 

Helen Mesoloras, Janna Dutton, Kathryn C. Casey, Hanny Pei.  

 

click here to learn more about our attorneys.

Appointments with our attorneys are available in
Arlington Heights, Chicago, Skokie and Vernon Hills, Illinois.