SSB
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In This Issue
Message from the Partners
Five Options to Consider for Aging in Place
Cost Increase in Hybrid Long-Term Care and Permanent Insurance Policies Set for 2013
Don't Go Back To College Without Them
Unfavorable Tax Changes Coming in 2013 . . . Maybe
Staff Update
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Quick Links
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To Contact Us
Samuel Sayward & Baler 
 858 Washington Street, Suite 202
Dedham, MA 02026
 
Phone: (781) 461-1020
Fax: (781) 461-0916
 
 
 
www.ssbllc.com
News from
Samuel, Sayward & Baler LLC

October 2012

Attorneys Suzanne Sayward, Maria Baler, and Steven Joshua Samuel

Message from the Partners

 

 Dear Clients and Friends,

 

The holiday season and New Year are fast approaching and we have included articles we hope will help you better plan for certain financial and legal matters in 2013. This includes our feature article -- a column published in The Dedham Transcript last month and written by Attorney Sayward, which provides details about the five most viable options for seniors to "age in place." An increasing number of older Americans are seeking to live independent lives with varying levels of assistance, and while there are many different scenarios to consider, Attorney Sayward discusses some of the most popular options and provides details of each, emphasizing the importance of planning ahead rather than waiting for a crisis to necessitate hasty and/or less desirable decisions.

 

Attorney Steven Joshua Samuel writes about changes in insurance industry regulations that will increase the cost of hybrid long-term care and permanent life insurance policies, effective January 1. He explains the differences in coverage, gives examples of trends, and provides the policy changes and cost increases.

 

Attorney Sayward has written an update on the federal estate and gift tax law -- one of several articles she has provided on this issue in which Congress has yet to act, leaving the possibility open for unfavorable tax changes in 2013.

 

Attorney Baler provides important information and a reminder to parents about the need to discuss and act upon documents that govern financial and health care decision making for their children over the age of 18.

 

Finally, ever wonder what life situations or changes warrant contacting us? Many others have, and because we are asked this question so often we decided to provide some examples of when you should be in touch with us.

 

We would also like to mention that this issue marks the three-year anniversary of the SSB Newsletter! We are pleased that our readership is growing and encourage you to send us ideas for future articles. As always, please feel free to send us email addresses or forward this newsletter to friends and family members!

 

Wishing you a safe and enjoyable holiday season!

 

Steven Joshua Samuel

Suzanne Sayward

Maria Baler

 

 

Five Options to Consider for Aging in Place
  

By Attorney Suzanne R. Sayward

 

In my elder law practice, I see many clients who worry about how growing older will impact their living situation. One truth is universal -- that it is better to begin thinking about this while healthy and able, rather than waiting until there is a crisis. Advance planning means it is more likely that the elder will control his or her housing choice rather than have it decided by someone else.   Here are five housing options to consider.  

 

1. Remain in your current home.  Staying put is often people's first choice in housing and this is a viable option for many. I advise my clients who want to remain in their homes that they need to remain flexible and open to the possibility that some changes to their living space may be necessary. For example, staying at home may require physical modifications to the home such as moving the bedroom to the first floor, widening doorways to allow for a walker or wheelchair, replacing flooring to minimize the chance of falls, and renovating the bathroom.   Planning to remain at home must also include a willingness to accept help from home health aides or others, as needed. Figuring out how to pay for needed modifications and for help at home is an important part of the equation. Some options include a reverse mortgage, community Medicaid, long-term care insurance or savings.

 

2. Live with family members.   For some folks, moving in with family or having family members move in with them is a great solution. This can be mutually beneficial to everyone, especially when the older person is still fairly independent. Grandma can help with the grandchildren, even if that means simply sitting with them while they do homework. Living in the same home and interacting on a daily basis can foster a strong bond between grandparents and grandchildren. Of course, it is important to establish boundaries at the outset and set expectations to avoid misunderstandings and hurt feelings. Since everyone needs their own space, these arrangements often work best when a separate in-law apartment is added to the home.

 

3. Independent Living. Independent living is often the next step for seniors who want to be free of the expense and stress of maintaining a house. Independent living can refer to many types of living arrangements, from a rental apartment in a senior housing complex to the purchase of an independent living unit in communities such as Fox Hill Village in Westwood or NewBridge on the Charles in Dedham. Independent living is right for individuals who are able to live on their own but want the convenience of easily accessible transportation, the opportunity for socialization, and the comfort of knowing support is nearby if needed.

 

4. Assisted Living. Assisted living combines housing with personal service. Assisted living is for people who need support with day-to-day activities such as meals, bathing, and dressing.   Some assisted living facilities require residents to purchase an interest in the facility, most of which is returned to the family upon the resident's death. Some assisted living facilities charge rent for the apartment. All assisted living facilities charge a monthly fee for the services provided. Paying for assisted living can be a challenge for some. There are limited public benefit programs that will pay for assisted living, so this option is most readily available to those who have savings or long-term care insurance from which they can pay for this type of housing. Currently, veterans or surviving spouses of veterans may qualify for veteran's benefits to help pay for assisted living.

 

5. Continuing Care Retirement Community (CCRC). A Continuing Care Retirement Community (CCRC) provides multiple levels of living options from independent living to nursing home care. The purpose of a CCRC is to allow residents to "age in place."   Many CCRCs offer amenities such as private clubhouses, restaurants, a fitness center, and entertainment. Medial staff and security are often on duty 24 hours a day. For those who need a higher level of care and attention, assisted living services such as assistance with housekeeping, laundry and shopping are available. Most CCRCs also have a skilled nursing facility for individuals who need 24/7 care.   CCRCs can be especially appropriate where one member of a couple may require more care or assistance than the other.

 

Considering the possibility that there may come a time when you are not able to live alone in your home is not easy. Exploring options and planning in advance will make the transition easier - an elder law attorney can help.

 

This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney.

Cost Increase in Hybrid Long-Term Care and Permanent Insurance Policies Set for 2013

  

By: Steven Joshua Samuel JD, MBA, AIF�
 
  

January 1, 2013 is the effective date for a change in insurance industry regulations that will increase the cost of hybrid long-term care (LTC) and permanent life insurance policies. Hybrid long-term care policies provide both a death benefit and benefits to pay for long-term care. Permanent life insurance policies typically have a cash value and are in effect until death, unlike the limited number of years covered by term insurance. Here is an update on the trends and the coming cost increases for both.
 
Trends in Long-Term Care Insurance

Recent surveys reported in the National Clearinghouse for Long-Term Care Information, a website operated by the US Department of Health & Human Services, indicate that:

 

* 70% of 65 year olds will need some long-term care
* 3 years is the average length of long-term care (3.7 years for women)
* 5 or more years will be needed by 20% of those who need long-term care

 

Exactly who will need long-term care, for how long and how much it will cost have proven hard to predict, even for insurance companies. Five big insurance companies stopped offering LTC insurance to new applicants - Guardian, John Hancock, MetLife, Prudential and Unum - though their existing policies remain intact.
 

Policies that combine LTC benefits with life insurance, called "hybrid LTC/Life" are becoming popular, as they offer premiums that are guaranteed to not increase. Also, if a hybrid policy's LTC benefits are not fully used, a death benefit will be paid to heirs of the policyholder, or, in some cases, a refund of some premium.

 

Life Insurance and Hybrid LTC/Life Cost Increases January 1, 2013
 
Industry regulations require insurance companies to maintain money in reserve to ensure they will be able to pay death and other benefits to policyholders. Effective January 1, 2013, reserve amounts will be increased for universal life policies, a type of permanent life insurance that is often used in hybrid LTC/Life policies. Premium increases for new applicants for both universal life and hybrid LTC/Life policies have not yet been announced, however estimates of the increase range from 5% to 20%.
 
If you are considering purchasing permanent life insurance or a hybrid LTC/Life policy, the January 2013 cost increase is a reason to act over the next two months. As always, discuss these matters with a trusted financial professional.
 
Samuel Financial, Inc. is located at 858 Washington St. Dedham, MA 02026 and can be reached at (781)461-6886.  Securities and advisory services offered through Commonwealth Financial Network, member FINRA/SIPC, a registered investment adviser. www.samuelfinancial.com
Don't Go Back To College Without Them

 

By Attorney Maria C. Baler

 

 

We often describe Wills, Powers of Attorney, and Health Care Documents as the "don't leave home without them" package of estate plan documents. For college students and their parents, or for any young adult over age 18, documents that govern financial and health care decision-making can be especially important.  

 

Once a teen turns 18, he or she is an adult in the eyes of the law. Parents no longer have the legal authority to make decisions on their child's behalf, or to obtain information about medical conditions without authority or permission to do so.   If your child would want you to assist with financial or health care decision-making if he or she were to become incapacitated, or would want you to be able to speak to a health care professional about his or her medical condition in the event of an illness, a power of attorney, health care proxy and HIPAA Authorization are necessary to give you that authority. If your child will be coming home from college for the upcoming holiday breaks, consider discussing these issues and taking steps to put the appropriate documents in place.

Unfavorable Tax Changes Coming in 2013....Maybe  

 

By: Attorney Suzanne R. Sayward 

 

Once again we find ourselves in the frustrating position of not knowing what the federal estate and gift tax law will be two months from now. If Congress takes no action, on January 1, 2013, the threshold at which an individual estate is subject to federal estate tax will drop from its current $5.12 million to $1 million. The same is true for the exemption for lifetime gifts. In addition to these lower thresholds, the rate at which federal estate tax is imposed will increase from the current flat 35% to a graduated rate that taxes estates in excess of $3 million at the rate of 55%!

 

If you are concerned about how these changes will affect your estate, call Jennifer Harlow to schedule an appointment to review your plan and explore options you may want to take before year's end.

When Should you Contact Samuel, Sayward & Baler LLC?

 
Clients often wonder when they should contact us. These are examples of circumstances or events that merit a call, email or letter to the firm:
  • If you move
  • If you buy or sell real estate
  • If your marital status changes (i.e. you get married or divorced)
  • If your spouse dies
  • If you receive a large inheritance or win the lottery
  • If you, your spouse, or one of your beneficiaries becomes disabled
  • If you, your spouse or one of your beneficiaries is diagnosed with a disease or illness that may result in disability or death
  • If you have a child or adopt a child and your Will was created when you had no children

The above is not meant to be an exhaustive list of events that should trigger a call or an email to us. Keep us informed of changes in your life so we can help you keep your estate plan up-to-date and in line with your planning goals. You should always feel free to be in touch if you have a question or concern - we love to hear from you!