A Real Life Story

Such was the case when Betty Strubel came to my office. As very often happens, she was referred to me by the doctor treating her husband who was diagnosed with early onset Alzheimer’s.

Betty was afraid she might have to lose her home and other assets in order to pay for her husband’s long-term care She had no idea how to access Medicaid nor did she know how to protect her existing assets. Betty is like so many who come to me and, being able to help them untangle the fear and help them see that they will be able to keep their homes and pay for the care of their loved ones is so satisfying.

Experience Leads To Knowledge

My 30 years of experience helping people in similar situations means that I have the knowledges to help clients avoid the financial ruin associated with the high cost of long-term care. And, while in the past, Medicaid eligibility as regards long-term care was not difficult, there has been a steady drift towards more complex and restrictive rules. It is no longer as easy as reviewing one’s bank statements. There are a myriad of regulations involving look-back periods, resource limits, transfer penalties and waiting periods requiring extensive planning. I understand the process and the issues surrounding Medicaid eligibility and help my clients by implementing the planning and application process.

Betty was so appreciative that I was able to unburden her and take these tasks off her plate. The sense of relief she felt was gratifying especially as she began to see light at the end of a previously very confusing tunnel.

The High Cost Of Long-Term Care

If you don’t start planning for retirement and include a plan for long-term healthcare fairly early in your work/career life, it is especially frightening when you are faced with the challenge late in life. Each year the cost of long-term care seems to grow which makes planning a critically important issue for seniors and their families. Most seniors will likely require some form of long-term care, yet so many are unprepared for the significant financial burdens. Anyone facing a monthly rate of $14,000 or more for the long-term care of a loved one can be devastating.

A Happy Client And A Newfound Friend

As is often the case when I help someone like Betty, she refers her friends to me. And in this case, Betty came out just fine. She did not lose her home. She was able to provide the care her husband required, and she kept her assets intact. It was truly a win-win for her.

Betty and I have become friends and she tells everyone she knows about how I was able to help her. This is the greatest reward. I get to see people relieved of suffering and fear. I get to help them continue moving forward in their lives. And I get some wonderful friends. This makes what I do so rewarding.

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(Gaithersburg, MD) Delray, FL May 02, 2020: Mindy Felinton, founder of Felinton Elder Law & Estate Planning Centers, has posted a new article on her law firm’s website entitled “How Many Of The 41,155 People Who Died In The U.S. Of COVID19 Were Prepared.” Ms. Felinton’s best guess is that not many of those who died had their affairs in order. 

Mindy Felinton

Felinton writes, “While many of the 41,155 people who have died to date in the U.S. from COVID19 since early March were elderly, many of them were not.” She goes on to add, “How many of those dearly departed souls were prepared to take leave of this life, I cannot say. But, I’m willing to guess that many of them did not have wills, estate plans or any legal plans in place.” “As a result,” Felinton says, “once this pandemic dies down and the surviving loved ones are able to start sorting things out, they are more than likely going to be faced with a legal mess to untangle.”

“While life as we know it is disrupted, we don’t know exactly when we will be able to move about without being aware of social distancing again,” Felinton writes. She continues, “Until that time, caution is key. Even though you may be getting “cabin fever” or going “stir crazy” it’s better than the alternative. And while everyone is proposing all kinds of activities from learning how to play musical instruments or to speak a new language, I’d be more inclined to suggest taking steps to get legal plans filed.”

According to Felinton, “Having legal plans in place if you have minor children is integral. If you should get the virus and not recover do you know who will tend to your minor children’s needs? If you are a single parent, who will take care of your minor children? These are important decisions that must be made and it’s best to make them while you are healthy and of sound mind.”

Felinton writes, “This is also a time to focus on your elderly parents and loved ones. It’s a good time to suggest a review of their legal plans and to find out if they have designated a Financial Power of Attorney or a Health Care Power of Attorney. Many people who believe they don’t have much stuff or money, think they don’t need any legal planss. But most people have more things of value than they know.”

The entire article can be read at https://www.felintonlaw.com/how-many-of-the-41155-people-whove-died-in-the-u-s-of-covid19-were-prepared/

About Mindy Felinton

From a young age, Mindy wanted to be the voice that would make an impact in people’s lives.   She became an attorney and has practiced law for over 30 years, so that she could fulfill her desire to help others.  As a special prosecutor, Mindy defended the underdog (literally) in cases of animal abuse.  As a state attorney in Florida she fought for justice. During the last 25 years, Mindy met many wonderful people who did not know their rights, did not understand the law, and did not know what options were available. She made a decision to focus her practice on Elder Law, Medicaid, Veterans’ benefits, and Estate Planning.  Thus she is able to guide her clients through those difficult and sometimes overwhelming processes.

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The devastating loss of life around the world due to COVID19 is unfathomable. In the U.S., to date there have been close to 1 million confirmed cases of COVID19. While the majority of those people have recovered, more than 54,000 people have died so far.

I can’t imagine the sadness and grief the loved ones are experiencing now. They cannot have a funeral or any kind of service to honor the lives of the dearly departed. The age of those who have lost their lives to this devastating virus range from a 6-week old infant to those in their 90s.

Strokes Are Claiming The Lives Of Younger Adults

While it was initially thought that only older adults were susceptible, that has been totally dismissed as younger, healthier people are being felled by this virus. In a WashingtonPost.com article about the number of strokes associated with COVID19, as seen at Mt. Sinai hospital  it was stated, “In a letter to be published in the New England Journal of Medicine next week, the Mount Sinai team details five case studies of young patients who had strokes at home from March 23 to April 7…The victims’ ages are 33, 37, 39 44 and 49, and they were all home when they began to experience sudden symptoms, including slurred speech, confusion, drooping on one side of the face and a dead feeling in one arm. One died, two are still hospitalized, one was released to rehabilitation, and one was released home to the care of his brother. Only one of the five, a 33-year-old woman, is able to speak.” https://www.washingtonpost.com/health/2020/04/24/strokes-coronavirus-young-patients/?outputType=amp&fbclid=IwAR2qW2S6JEC0uwzQMfh5QhyU9pt5oAglZ0yVIQj38snf8tJ6RIwYlM5A8lw

Strokes Must Be Treated Quickly

Many of the younger adults suffering stroke symptoms are not going to the hospitals which are already overburdened. However, now that it’s clear that stroke symptoms are related to COVID19, it’s important to get to a hospital right away. According to the Mt. Sinai team  as reported in the Washington Post article, “The most important thing for people to understand is that large strokes are very treatable. Doctors are often able to reopen blocked blood vessels through techniques such as pulling out clots or inserting stents. But it has to be done quickly, ideally within six hours, but no longer than 24 hours.” The message the doctors are trying to get out is that if you have symptoms of stroke, you need to call the ambulance urgently.

https://www.washingtonpost.com/health/2020/04/24/strokes-coronavirus-young-patients/?outputType=amp&fbclid=IwAR2qW2S6JEC0uwzQMfh5QhyU9pt5oAglZ0yVIQj38snf8tJ6RIwYlM5A8lw

Anyone Over 18 Needs A Will And Advanced Directive

There are going to be more deaths. And if quarantine restrictions are lifted too early, there may be way more deaths than there are to date. Anyone over the age of 18 who is still alive and well and has not created a will, a health directive or an estate plan, now is the time to take action. It’s bad enough if your loved ones have to deal with losing you. It’s even worse if they have to go through painful legal procedures to manage the assets you may leave behind.

The post The COVID19 Death Toll Rises Among The Young appeared first on Felinton Elder Law and Estate Planning Centers.

(Gaithersburg, MD) Delray, FL April 29, 2020: Mindy Felinton, founder of Felinton Elder Law & Estate Planning Centers, has posted a new blog on her law firm’s website entitled “Make Sure Your Will Is Legally Binding And Meets Your Specific State Requirements.” Ms. Felinton understands the frenzy leading to the desire to get a will and wants to help people make sure their wills are going to be legally binding in their state.

Felinton writes, “Unlike anything that we’ve seen in our lifetimes, the COVID19 pandemic is causing people of every age to suddenly realize their mortality. As a result,” she adds, “there has been a steep increase in the immediate demand for wills as well as estate plans.”

As Felinton points out, “Initially it was thought that only people over 50 and in particular those with pre-existing health issues were susceptible to intense symptoms and death. However, as the virus has been spreading there have been new discoveries.” She emphasizes, “One of the most revealing is that it seems to be causing strokes in younger, seemingly healthy adults.”

Felinton acknowledges, “Following the established protocols and taking great caution when you have to go out for food and other supplies along with self-quarantining is integral,” and she adds, “yet there are no guarantees. Getting your desires down in a legally-binding will and/or estate plan is without question, more important than ever.”

The entire blog can be read at https://www.felintonlaw.com/make-sure-your-will-is-legally-binding-and-meets-your-specific-state-requirements/

About Mindy Felinton

From a young age, Mindy wanted to be the voice that would make an impact in people’s lives.   She became an attorney and has practiced law for over 30 years, so that she could fulfill her desire to help others.  As a special prosecutor, Mindy defended the underdog (literally) in cases of animal abuse.  As a state attorney in Florida she fought for justice. During the last 25 years, Mindy met many wonderful people who did not know their rights, did not understand the law, and did not know what options were available. She made a decision to focus her practice on Elder Law, Medicaid, Veterans’ benefits, and Estate Planning.  Thus she is able to guide her clients through those difficult and sometimes overwhelming processes.

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The post Felinton Elder Law & Estate Planning Centers Founder, Mindy Felinton Talks About The Importance Of Having Legally Binding Wills That Will Hold Up In Court. appeared first on Felinton Elder Law and Estate Planning Centers.

(Gaithersburg, MD) Delray, FL April 27, 2020: Mindy Felinton, founder of Felinton Elder Law & Estate Planning Centers, has posted a new article on her law firm’s website entitled “Your Retirement Plan Is Not Your Kid’s Education Plan.” Ms. Felinton writes, “I don’t often do this, but in this one area I am going to make an unequivocal statement: Don’t even think about using your retirement plan to fund your kids’ college education.”

Mindy Felinton

She is ready and seems to know readers will respond with a wondering “why”?  She elaborates, “Well, there are numerous reasons. The most important being that you want your kids to become financially responsible and independent. And, equally important, you want to be able to retire comfortably.”

Felinton goes on to write, “Here are a few more good reasons to add to your list. There are actually ways that paying for your kids college with a tax-advantaged employer retirement plan can really hurt you.” “For instance,” she explains, “if you withdraw anything from your retirement plan before you reach 59 ½ years of age, you’ll be hit with a 10% tax penalty. You’ll also get hit with a tax bill for the tax year in which you make the withdrawal since that money is counted as income.”

“Your kids’ education is important,” says Felinton, adding, “and so is your retirement. It’s important to educate yourself to the many other financial ways of helping your kid get an education.”

Felinton writes, “According to a recent survey by Sallie Mae, one of the nation’s largest student loan lenders, about one-third of Americans with kids under 18 say they plan to use retirement savings or “could use if needed” to help pay for their children’s education.” She also explains, “What many parents don’t understand is that by using their retirement savings to help their kids through college may only put more stress on their children when they see their parents struggling financially in retirement.”

The entire article can be read at https://www.felintonlaw.com/your-retirement-plan-is-not-your-kids-education-plan/

About Mindy Felinton

From a young age, Mindy wanted to be the voice that would make an impact in people’s lives.   She became an attorney and has practiced law for over 30 years, so that she could fulfill her desire to help others.  As a special prosecutor, Mindy defended the underdog (literally) in cases of animal abuse.  As a state attorney in Florida she fought for justice. During the last 25 years, Mindy met many wonderful people who did not know their rights, did not understand the law, and did not know what options were available. She made a decision to focus her practice on Elder Law, Medicaid, Veterans’ benefits, and Estate Planning.  Thus she is able to guide her clients through those difficult and sometimes overwhelming processes.

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The post Felinton Elder Law & Estate Planning Centers Founder, Mindy Felinton Tells Readers That Retirement Plans And Education Plans Should Not Be One And The Same. appeared first on Felinton Elder Law and Estate Planning Centers.

Reasons Why

Here are a few more good reasons to add to your list. There are actually ways that paying for your kids college with a tax-advantaged employer retirement plan can really hurt you. For instance, if you withdraw anything from your retirement plan before you reach 59 ½ years of age, you’ll be hit with a 10% tax penalty. You’ll also get hit with a tax bill for the tax year in which you make the withdrawal since that money is counted as income.

Ordinary Taxable Income

I mentioned other ways of paying for your child’s education. One of the most often used is student aid. If you use your retirement funds to pay for education, it can actually hurt your child’s ability to qualify for student aid. Here’s why. Once again, pulling cash out is going to be considered “ordinary income” and may put your total wages for the year beyond what qualifies for assistance.

Educate Yourself

Your kids’ education is important and so is your retirement. So, it’s important to educate yourself to the many other financial ways of helping your kid get an education.

You want your retirement account to grow tax-free. And funding your retirement account is actually an advantage when applying for financial aid because retirement accounts aren’t counted when considering if a family economically qualifies.

Accomplish Both Goals Without Compromise

Of course it’s important to help your kids get a college education. And, the beautiful thing is that you can accomplish that goal without compromising or jeopardizing your retirement goals. Working with an estate and asset protection attorney to include a child’s education goals as well as your retirement among your financial goals could be very advantageous.

Give Yourself And Your Child Every Advantage 

According to a recent survey by Sallie Mae, one of the nation’s largest student loan lenders, about one-third of Americans with kids under 18 say they plan to use retirement savings or “could use if needed” to help pay for their children’s education. What many parents don’t understand is that by using their retirement savings to help their kids through college may only put more stress on their children when they see their parents struggling financially in retirement.

Giving your child the advantage of a good education is every parent’s dream. The smart way to accomplish that goal is to do it without putting your own retirement at risk. It’s like the instruction you get on an airplane. If you’re traveling with a child or someone who is not able to help themselves and the oxygen masks come down. Put your mask on first. Because if you aren’t in a position to help yourself first, you won’t be able to help your child.

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Do You Have a Living Will or Advanced Health Directive?

One of the things we humans have no control over is when we depart from this earthly plane. We never know if we will live healthily to a ripe old age or if we will meet with an accident or illness that will take our life or put us in a coma or vegetative state. We simply don’t know. But a living will or advanced health directive, put in place before it’s needed, can give you peace of mind should that happen.

A Living Will or Advanced Health Directive Lets You Take Control Of Your Life When And Where You Can

While we don’t have control over what is likely to take us out of commission, we do have a bit of control over a few things related to whether or not we want to be kept alive if we do meet with an accident or other circumstance in which decision-making processes are no longer available. You can decide, while you are alive and of sound mind, whether you want to be kept alive or not should you meet with a tragic accident or illness.

Without a Living Will, Decisions Will Be Made By Medical Establishment If You Don’t Make Them For Yourself

One of the services I provide my clients is that of creating a living will. A living will is a legal document that provides you and your family members with peace of mind, knowing that your medical care wishes at the end of life are clearly communicated. Medical professionals and establishments are ethically and legally bound to do everything they can to keep you alive unless you have a legal document in place that instructs them otherwise. This is where a living will clearly communicates your life or death wishes.

Remove The Burden From Your Family By Making Your Wishes Known And Legal

Whether a living will is ever necessary in your life or not, you can only make this kind of decision while you are capable and clearly in your right mind. It cannot be made if you are incapacitated. Your living will, also called an Advance Medical Directive, will describe to your health care providers, the procedures of treatment that you desire. It also allows you to designate a person you trust to make health care decisions on your behalf should you be incapacitated or be in a vegetative state.

When you have a living will, your loved ones will be certain of what your end of life wishes are and have the legal platform upon which to stand in order ensure that your specific wishes are carried out. Having a living will relieves your loved ones of the burden and stress caused by not knowing your wishes or having to look to strangers or to the court to make your life or death decisions.

You Don’t Know What You Don’t Know

Planning for the future requires planning for the best-and-worst-case scenarios. Hopefully you’ll never need to make use of your living will, but if you do, you’ll have it in place if you plan today. Contact us today to begin the process that equips you and your loved ones to face whatever tomorrow brings with confidence.

The post The Living Will: Make Important Life And Decisions While In Your Right Mind appeared first on Felinton Elder Law and Estate Planning Centers.

DelrayBeach, FL. February 14, 2020: Mindy Felinton, founder of Felinton Elder Law & Estate Planning Centers, has posted a new article on her law firm’s website entitled “The Services Of An Elder Care Attorney Can Help You Retire More Confidently,” in which Ms. Felinton encourages readers to look into the services an Elder Care Attorney can provide.

Felinton writes, “With 10,000 Baby Boomers reaching retirement age each and every day, the question is, how many of these retirees are well-prepared for retirement?” She continues elaborating, “Every one of these individuals is a unique universe of needs, desires, hopes and dreams. Each is in a different state of health and in different states of financial stability.” “If you are among these retirement age boomers,” she says, “keep reading.”

According to Felinton, “As many research models predict, a majority of retirees will not be prepared for retirement or for the astronomical costs of medical care many of them will require. Far too many will be dependent upon Social Security and Medicare benefits.” She adds, “It doesn’t have to be that way. Even if you are close to retirement it’s not too late to establish a plan and to discover many of the programs that can help you have a more comfortable retirement. Also, it’s a known fact that a majority of boomers continue to work beyond retirement age. That can be a good thing if you don’t yet have a plan.”

“Whether you have a plan in place or have yet to establish a plan,” writes Felinton, “a reputable Elder Care Attorney can be of immense help at any stage. Elder law is a very specific area of legal practice with a singular focus. We cover all aspects of Elder Law for aging, illness and incapacity including Medicaid Planning, Veterans Benefits, nursing home planning, estate planning, wills, trusts, Asset Protection, and advocating for our clients.” She continues, “The focus of Elder Care Attorneys is on all the needs of elders as well as disabled clients.”

The entire article can be read at https://www.felintonlaw.com/the-services-of-an-elder-care-attorney-can-help-you-retire-more-confidently/

About Mindy Felinton

From a young age, Mindy wanted to be the voice that would make an impact in people’s lives. She became an attorney and has practiced law for over 30 years, so that she could fulfill her desire to help others. As a special prosecutor, Mindy defended the underdog (literally) in cases of animal abuse. As a state attorney in Florida she fought for justice. During the last 25 years, Mindy met many wonderful people who did not know their rights, did not understand the law, and did not know what options were available.

Mindy assists families with Medicaid planning to help with the cost of nursing home care and with obtaining veteran’s benefits to make the cost of care more manageable.   She also prepares wills, trusts, powers of attorney, and medical directives.  Mindy is passionate about educating both other professionals and the public concerning VA Aid & Attendance benefits, Medicaid benefits,  and the use of trusts for the protection of assets.  She shares her experience and professional knowledge through free workshops, and as a frequent lecturer at State Bar Conferences.

The post Felinton Elder Law & Estate Planning Centers Founder, Mindy Felinton Talks About The Particular Area Of Focus Of Elder Care Law appeared first on Felinton Elder Law and Estate Planning Centers.

Would you like to retire confidently?

Are you prepared for retirement?

With 10,000 Baby Boomers reaching retirement age each and every day, the question is, how many of these retirees are well-prepared for retirement and can retire confidently? Every one of these individuals is a unique universe of needs, desires, hopes and dreams. Each is in a different state of health and in different states of financial stability. If you are among these retirement age boomers, keep reading.

Whether You’re Ready or Not to Retire Confidently… Here It Comes

As many research models predict, a majority of retirees will not be prepared for retirement, or especially retire with confidence, especially in light of the astronomical costs of medical care many of them will require. Far too many will be dependent upon Social Security and Medicare benefits. It doesn’t have to be that way. Even if you are close to retirement it’s not too late to establish a plan and to discover many of the programs that can help you have a more comfortable retirement. Also, it’s a known fact that a majority of boomers continue to work beyond retirement age. That can be a good thing if you don’t yet have a plan.

An Elder Care Attorney Has Your Back

Whether you have a plan in place or have yet to establish a plan, a reputable Elder Care Attorney can be of immense help at any stage. Elder law is a very specific area of legal practice with a singular focus. We cover all aspects of Elder Law for aging, illness and incapacity including Medicaid planning, Veterans Benefits, nursing home planning, estate planning, wills, trusts, asset protection, and advocating for our clients. The focus of Elder Care Attorneys is on all the needs of elders as well as disabled clients.

You may think that you don’t have any assets or that your assets are not significant enough to deserve an asset protection plan. I am here to tell you that any and all assets are worth protecting. We can help you take advantage of every program available to you. Many retirees are not aware of, nor do they know how to properly apply for many helpful programs. This is the area of focus for Elder Care Attorneys. Many regular attorneys who people turn to do not have a specific focus in these areas.

You Might Not Be Wealthy But You Want To Retire Confidently With Every Advantage Possible

At Felinton Elder Law, we provide you with an individualized plan for the future, and we protect and preserve the lifetime of savings you and your loved ones have worked so hard to accumulate. Even if you haven’t established a plan, you may still be able to benefit from our services. It’s a new year and a new decade. If you’re still breathing and enjoying life, we could help you relax a little more by reviewing your circumstances and seeing how we can help you retire more confidently and comfortably than you may have imagined. Give us a call today. Unlike many attorneys, we are open on some Saturdays and evenings to make it more convenient for those who still work.

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Delray Beach, FL October 23, 2019: Mindy Felinton, founder of Felinton Elder Law & Estate Planning Centers, has posted a new article on her law firm’s website entitled “Be Proactive To Avoid Becoming A Victim Of Elder Abuse.” Ms. Felinton clearly wants to help the elderly avoid being taken advantage of by family members as well as strangers.

Felinton writes, “Few things make my heart hurt more than hearing about vulnerable older people being taken advantage of financially or being abused in any way.” She adds, “That’s why I have dedicated my practice to the area of elder care law for the past 30 years.”

“As an elder care attorney,” says Felinton, “I am able to help people who need someone on their side to help them create a solid plan to protect their assets through both short-term and long-term planning. I also help them obtain benefits to care for their loved ones.” She continues, “When people are proactive and put a solid asset protection plan in place while they are well and their minds are still sharp, chances of being taken advantage of financially are far less likely to happen.”

According to Felinton, “Unfortunately, for too many people, asset protection planning often begins as the result of a crisis. People may have the best intentions of putting a plan in place, but they typically wait until they are in the throes of a catastrophic illness or disability to suddenly realize they or their loved one may lose everything. So they scurry to put a plan in place.”

The entire article can be read at https://www.felintonlaw.com/be-proactive-to-avoid-becoming-a-victim-of-elder-abuse/

About Mindy Felinton

From a young age, Mindy wanted to be the voice that would make an impact in people’s lives. She became an attorney and has practiced law for over 30 years, so that she could fulfill her desire to help others. As a special prosecutor, Mindy defended the underdog (literally) in cases of animal abuse. As a state attorney in Florida she fought for justice. During the last 25 years, Mindy met many wonderful people who did not know their rights, did not understand the law, and did not know what options were available.

Mindy assists families with Medicaid planning to help with the cost of nursing home care and with obtaining veteran’s benefits to make the cost of care more manageable.   She also prepares wills, trusts, powers of attorney, and medical directives.  Mindy is passionate about educating both other professionals and the public concerning VA Aid & Attendance benefits, Medicaid benefits,  and the use of trusts for the protection of assets.  She shares her experience and professional knowledge through free workshops, and as a frequent lecturer at State Bar Conferences.

The post Felinton Elder Law & Estate Planning Centers Founder, Mindy Felinton Encourages Readers To Be Proactive And Put Asset Protection Plan In Place Sooner Rather Than Later appeared first on Felinton Elder Law and Estate Planning Centers.