BEWARE OF FRAUDSTERS PRETENDING TO BE ATTORNEYS

This was sent to our office by the Escambia Santa Rosa Bar Association.

Halloween is over but fraudsters pretending to be attorneys are sadly lurking about.

Attorneys and members of the public need to be aware that con artists are using real Florida Bar attorneys' names and numbers in attempts to legitimatize fake transactions and dupe the public into handing over money. These latest schemes involve timeshares, structured settlements and sweepstakes.

In the timeshare case, a real Central Florida attorney was contacted by couples – after they had already given money to a man falsely claiming to be him. The scheme works by having a company contact a timeshare owner who had previously been trying to sell. The contact person says an attorney will call. When the pretend attorney rings them up, he asks for money to facilitate the sale. Once the money is sent, the fake attorney vanishes – and the tricked timeshare owners go looking for the real attorney to find out what happened.

In another scheme, a Florida Bar attorney working out of state was contacted by a company that buys structured settlements. The agent told the attorney that a woman claiming to be her had contacted the company seeking up-front money for a lawsuit settled with an insurance company. The pretender even had fake documents attesting to the lawsuit and the settlement offer.

A third scam involved another pretend attorney calling a woman and telling her she had won a sweepstakes. The fakester gave the name and Bar number of a South Florida attorney, and asked the woman to wire money to him before she could claim her winnings. At that point, the woman wisely hung up.

Members of the public should know that attorneys will not contact them soliciting upfront fees.

To verify that a solicitor is an attorney who is eligible to provide offered legal services, use the Find a Lawyer feature at www.floridabar.org (top right of the home page) and call the number on record for that attorney's office.

To report the fraud, call the Attorney General's fraud hotline at 1-866-966-7226.

Be it Halloween or not, con artists are always prowling about for new schemes. Both attorneys and the public should be vigilant against their efforts.

To learn more, read the story in The Florida Bar News.

Touching story about two Veterans

http://www.cbsnews.com/8301-18563_162-57504593/even-in-dementia-korean-war-medic-cares-for-his-men/?tag=showDoorFlexGridRight;flexGridModule

CBS Sunday morning aired this very touching story this morning.  I wanted to make sure that I shared it with others.  Please take time to watch the story via the link above or below.  I have copied the article for you as well.  Very touching!

(CBS News) NORTHPORT, N.Y. - It's a story that makes you think, "What are the chances?" It started with a mystery at a nursing home we visited, "On the Road."

John Angerame says when you love someone with advanced dementia -- like his father has -- you can't help but wonder: Are they still in there?

John asks his dad Augie for even the littlest signs that he's present, like a wink or blink.

Fortunately, although Augie can't communicate, by all indications he is aware -- beyond words.

Augie Angerame served in the Korean War, in an artillery unit. He was a medic, which may partly explain his recent behavior at his VA nursing home on Long Island.

A few months ago, Augie started going into the room of another veteran with dementia named Frank Dibella.

"And I was like, 'What's this man doing?'" recalled Frank's daughter, Mary Rose Monroe. "He'd rub his back and then he'd walk away."

"Just check on him," John Angerame added, "like maybe a medic would do as he made rounds."

The kids agreed: It seemed like Augie was trying to care for Frank -- like he was back in the war. Frank didn't seem to mind. The staff eventually moved the two men into the same room.

And that's when John started putting the pieces together.

"I was looking for something. I had this feeling," he said.

He looked at the old war photos on Frank's bulletin board and noticed something. The buildings in the background -- the clapboard - he'd seen that before. He found the same buildings in the background in his dad's photo album.

Frank Dibella is seen serving as a cook on the front lines during the Korean War.

(Credit: CBS)

"And I stepped outside for a few minutes and on the door it said Frank Dibella."

The name might not have clicked for him before, but suddenly, "It just flashed."

His dad had talked about a Frank Dibella -- the cook in his unit.

"He said Frank had a penchant for getting steaks and food that they normally don't eat," John Angerame said.

"Oh yeah," said Mary Rose Monroe. "He loved cooking for the guys."

Apparently Frank even brought steaks to the front lines. Cooks didn't have to go to the front lines but Frankie was no coward. Once he even got injured by a bomb blast. And guess who cared for him?

Then and now.

"Sixty years later," John said, "Still checking on his guys."

"They reach for each other," said Mary Rose.

They call Korea "the forgotten war." But here are two people who remember perfectly. And certainly if they can -- so should we.

To contact On the Road, or to send us a story idea, e-mail us.

© 2012 CBS Interactive Inc.. All Rights Reserved.

http://www.cbsnews.com/8301-18563_162-57504593/even-in-dementia-korean-war-medic-cares-for-his-men/?tag=showDoorFlexGridRight;flexGridModule

New Face of Alzheimer's Caregivers: Men | Sci-Tech Today

At our firm we see a trend of more men coming in to our office admitting they need help and looking for answers.  Most of the men in retirement did not help with the household activities and are suffering.  They are often surprised how easy it is to hire some home health aides to come in and help out with the household tasks they can't keep up with.  This is one of the first articles I have seen that highlights the trend of more men helping their wifes.  I hope it helps you.

New Face of Alzheimer's Caregivers: Men | Sci-Tech Today

110-year-old widow of WWI veteran gets big VA pension boost

110-year-old widow of WWI veteran gets big VA pension boost

Alda Collins couldn't believe it when her son, James, recently delivered the news: After 30-plus years of receiving a $36 monthly pension for her late husband's service in World War I, that amount would soon increase to $1,000.
The 110-year-old widow, who is believed to be the second-oldest person in Pennsylvania, needed the benefit to pay for the cost of staying in a personal care home, James Collins told NBC News. She was entitled to a higher veteran survivor benefit amount but did not realize it.

---

Follow @NBCNewsUS

Collins said that he applied for an increase in 2008, and was told that it might take six months to a year to process the claim. Instead, four years passed without a decision from the Department of Veterans Affairs.

A Life Under Medicaid

What is required by law to get a person legally declared incompetent? Will a note from a doctor/neurologist suffice?

This is a frequent question we receive. It really depends on what you are trying to accomplish, what state the person is located within, where the property is located, how is it titled, etc.

Generally legal incapacity requires a Court Order which means a mental health file was opened suggesting the person lacks the required capacity to handle one of more of their rights. During this process the Court will determine, with the help of certain professionals (hopefully), to what extent this person should have their rights removed. At the end of that case if the person has been determined to lack capacity there is normally an appointment of a Guardian or Conservator (depending on the state).

However, for medical purposes a signed statement from two doctors can work.

For property that is owned by a trust one would want to reference how the trust determines incapacity. Often trust will require a court finding; while other trust agreements will only require a showing that the trustee would not submit to testing. These are really case by case situations.

When property is held in a bank or investment account one can often attempt to get the account frozen by showing a statement from a physician stating the person lacks capacity; however, for reasons beyond this post that is not the preferred means of dealing with the situation.

I hope that this answered your question.

Aid and Attendance program coming under congressional scrutiny

  

Well it was only a matter of time before the VA started a look back period on the improved pension program commonly referred to as Aid and Attendance.   The number of "nonprofits" running around signing every Tom, Dick, and Hairy up for the program after transferring all their assets was bound to catch up with the system.  A recent New York Times (The Times) article has highlighted that it has reached a point that Congress has to take action regarding the program, the action suggested is a look back period much like the one Medicaid has in place (i.e. no gifting within five years). 

The Times article approaches the subject from the point of view that the system is being abused.  However, within the article you will see that the VA does receive some of the backlash over the “abuse” because of their eligibility rules and lack of systematic systems to verify income and assets.  Therefore, Congress is forming a committee to investigate how things can be improved.  It is likely that a look back period will be imposed.  The question that should be asked is will Congress also take the necessary steps to force the VA to change their policies to provide a bright line test for being approved over the vague case by case approach that is currently in place with oversight to give these veterans the due process rights they deserve. 

The Article goes so far as to make conclusions regarding some of the planning being conducted for these veterans such as trust planning.  Specifically the trust in question is a irrevocable trust limiting ones ability to own assets so as to limit ones liability for having assets.  Such a trust has been used for decades by anyone with potential liability (truck drivers, stock brokers, doctors, congressman, etc).  The notion in the Times’ article is uses circular reasoning by saying because a trust was used there is abuse.  This program is for war time veterans.  Veterans should be afforded the same level of protection that members of Congress, Labor Bosses, Wall Street executives are able to utilize while claiming huge deductions, obtaining government subsidies, avoiding legal claims, and the like. 

The VA should not be allowed to cherry pick one attribute from the Medicaid rules (i.e. the look back period) without taking in the other administrative rules that provide some assurance to those applying for those benefits. 

In summary, I have no objection to the suggestion that the current system will be changed (saw this coming over 3 years ago).  My experience with this program has been that veterans do not transfer huge sums to obtain the program.  Just as with Medicaid so long as the transfer can be justified it should be allowed.  Trust planning that is allowed for Members of Congress or disabled citizens on SSI should also be allowed for war time veterans.  The concern expressed here is that this has the making of sloppy rule making.  Let’s ensure that during this election year this benefit for war time veterans is given the attention needed to make a better program for these veterans not a more tangled program. 

To read the New York Times article go to:  http://www.nytimes.com/2012/06/06/us/veterans-pension-program-is-being-abused-report-says.html

To read the GAO Report go to: http://www.gao.gov/assets/600/591425.pdf

Question of the week

My spouse's father was hospitalized a few months ago. He had a severe sinus infection and it depleted his Mg and caused him what seemed to be Dementia. Stroke was ruled out, but nevertheless, he had halllucinations for a few of the five nights in hospital. His dau-in-law has medical POA.

She later would tell us that she "signed papers" and that's why he spent a month in a rehab facility. They deemed it necessary to teach him to walk all over again. (This was unnecessary as I watched him stand and shave his beard after entering).

While he was in the rehab facility, items were taken from the house and moved around while the daughter was taking care of her mother who is legally blind and a diabetic. My fatherinlaw is home 6 weeks now and would like to reverse the Baker and POA.

Additional information
Baker Act is 72 hours from what I have read, however, the daughter states he has lost his privileges to drive and have certain articles of his. If this is so, why hasn't he gotten any paperwork about it? He's doing for himself mostly and his wife but no one has stated the driving and other restrictions are lifted.

 

 

Here was my response:

The Baker Act case is over. In Florida he would have a public defender that represented him at the hearing. Your Father-in-law can most likely confirm this with their office or the clerk's office (Clerk might be willing to explain this to you so long as you avoid making it specific to him). It will not be taken off his record but is sealed.

The Health Care Surrogate can be revoked. This is accomplished by conveying it to her. However, I would recommend it be followed in writing. A copy of the revocation should also be provided to each of his doctors so it is in his chart should something happen again down the road.

I would recommend that he see a Elder Law attorney to establish who should make medical and financial decisions if he is unable. The attorney should also talk to him about a preneed guardianship designation. This document doesn't put anyone in charge; however, should a guardianship later be filed it can be introduced as evidence of what he wanted to happen.

Based on what you have explained I do not believe he has had any rights removed as that would require an incapacity hearing. A Baker Act hearing is not a incapacity hearing.

Question this week:  I receive SSI and my Father just died.  He had a bank account with less than $30,000.  I have no savings but the Clerk at the Courthouse says I need to go through probate.  I don’t know what probate is but know I can not afford an attorney.  The Clerk says I have to have an attorney.  What can I do and who do I hire?

First Probate is the division of the Court system that transfers ownership of property to the rightful new owner after someone passes away. 

The simple answer to your question about how to find an attorney when you can’t afford one is pretty simple; you need to find an attorney who will take a lien against the probate estate.

However, I would suggest you seek an attorney who understands probate AND  SSI.  If you are an heir to the estate and you take the money you will find yourself in some trouble.  We see many PI, probate and estate attorneys allow this to happen because they do not understand why losing the small SSI benefit is such a big deal when you are receiving 100 times that or more in the probate.  However, the medical coverage that goes along with it is why it is important.  We have seen families receiving $80,000 just to have a major surgery come up that was not expected costing over $200,000. 

Further many jurisdictions pay the personal representative.  You need to give consideration to how that will affect your SSI benefit. 

What I am saying is be careful and seek out the right attorney not just a part time probate attorney who will cut you a deal. 

I wish you the best of luck.

Jason A. Waddell

Waddell & Waddell, P.A.

Caring for a parent with dementia - ABC Queensland - Australian Broadcasting Corporation (ABC)

Caring for a parent with dementia - ABC Queensland - Australian Broadcasting Corporation (ABC)

For those who learn from listening more than reading I would encourage you to go to this link.  Australia has so much going on regarding Dementia.  The stories they are telling could be told after meeting with any of my clients.  This disease knows no borders. 

Wall Street Journal reports: Annuity Case Chills Insurance Agents .

This is a VERY important story for seniors.  Indexed annuities and deferred annuities are a continued problem for seniors.  Important note that all annuities aren't bad but each has a time and a place.  It is nice to see some agents having their feet held to the fire.  We will continue to follow this story.  Here is a clip from the Wall Street Journal article. 

http://online.wsj.com/article/SB10001424052702303863404577288480158320286.html

Last month, Glenn Neasham, an independent insurance agent, was ordered to spend 90 days in jail on a felony-theft conviction for selling a complex annuity to an 83-year-old woman who prosecutors alleged had shown signs of dementia.

The agent's conviction, by a state-court jury in Lake County, Calif., is sending shivers down the spines of Mr. Neasham's peers across the country. They can't recall another case where an agent was sent behind bars for selling an annuity.

Enlarge Image

Close

Tonya Neasham

Glenn Neasham and his children, Emily and Logan, in February 2009.

Agents "who steal from vulnerable seniors will not get away with their shameful tricks," Steve Poizner, the state's then-insurance commissioner, said in a statement in 2010 when Mr. Neasham was arrested.

Mr. Neasham, 52 years old, maintains the woman appeared fine and wasn't confused at the time of the 2008 transaction and that he acted appropriately. His lawyer has filed notice of appeal, and a bail hearing is scheduled for this week.

The case underlines authorities' continuing discomfort with "indexed" annuities, savings products that pay interest tied to the performance of stock- and bond-market indexes. Insurers guarantee that buyers won't lose any of their principal but in return charge sometimes-steep penalties if investors withdraw their money early, for periods that can stretch beyond a decade.

Indexed annuities are attractive to agents because of the high commissions they receive from insurers, which can be 12% or more of the invested amount.
But Mr. Neasham's case has led some agents to think twice before offering the products.
"It's very scary," said Peter Langelier, an agent in Maine. "There is nothing in insurance-licensing that prepares you as a nonmedical person to diagnose dementia."

Some agents said the Neasham case is compelling them to scale back sales of indexed annuities even as demand is cresting. Historically low interest rates and a volatile stock market have helped draw buyers. Sales have more than quadrupled in the past decade, swelling to $32.2 billion in 2011, according to Limra.

"The case will definitely have a chilling effect," said Larry Rybka, chief executive of ValMark Securities Inc. in Akron, Ohio, which includes an insurance brokerage. Mr. Rybka fired off a memo last month on the case to his firm's internal compliance and marketing teams, reinforcing instructions to make sure brokers warn prospective buyers of the withdrawal penalties and other features. The firm for years has discouraged agents from selling certain indexed annuities. Now Mr. Rybka wants them to sell even fewer.

Arthur Rudnick, a White Plains, N.Y., agent, said the case will be "in the back of my mind" with elderly clients, and, "more so than ever, I'd be willing to walk away from a sale." He added: "Anybody who has common sense that is aware of this case will come to the same realization."

So far, insurers say they aren't seeing a sales decline, though agents are calling with questions.
"Indexed annuities protected people during the 2008-2009 downturn," said a spokesman for a U.S. unit of Allianz SE, ALV.XE +0.18%which issued the annuity at the heart of Mr. Neasham's case. "They didn't lose principal, and more people are seeing the value of that protection."
In the mid 2000s, private plaintiffs and state attorneys general sued insurers for alleged unsuitable sales of the products to elderly people who lost money because of the withdrawal penalties. To resolve the suits, insurers agreed to better screen buyers for financial suitability, among other changes.

In an interview, Mr. Neasham said the elderly woman, Fran Schuber, arrived at his office with her longtime octogenarian boyfriend, who had bought an indexed annuity from Mr. Neasham years before.
The boyfriend, Louis Jochim, said in an interview that Ms. Schuber knew he was pleased with his annuity and wanted one as an alternative to a bank certificate of deposit. Ms. Schuber "was mentally competent," Mr. Jochim said.

The criminal case, under a state law specifically protecting elderly people, is rooted in what happened next: Ms. Schuber and Mr. Jochim went to a local bank to withdraw $175,000 for the purchase. A bank manager then notified California's adult-protection officials, saying the woman seemed confused and influenced by Mr. Jochim, court filings show.

Lake County Senior Deputy District Attorney Rachel Abelson said in a court filing there was "sufficient evidence presented [at trial] to show that Fran Schuber was not capable of consenting to the transaction in question and evidence showed that [Mr. Neasham] knew that at the time." In an interview, Ms. Abelson said a $14,000, or 8%, commission "played into his criminal intent."

Had Ms. Schuber pulled her money out within the first year of ownership, she would have had to pay a penalty equal to 12.5% of the principal, according to Allianz.

Allianz cleared the sale as financially suitable after the woman signed a form stating she had sufficient liquid assets, the company spokesman said. Such reviews aren't intended to diagnose dementia, he added.
By last year's trial, Ms. Schuber was too

State Funding Begins in Obama Effort to Keep Elderly, Disabled in Community

As reported at: http://www.seniorjournal.com/NEWS/Medicaid/2012/20120305-State_Funding_Begins.htm

March 5, 2012 - New Hampshire will be the first State in the country to receive new Medicaid grant dollars - $26.5 million over three years - provided by the Affordable Care Act to help states provide services for the elderly and others with disabilities,  according to the Centers for Medicare & Medicaid Services (CMS).

“Thanks to health reform, more seniors and people with disabilities will be able to continue to live in their homes and communities, rather than a nursing home,” said Marilyn Tavenner, acting CMS administrator. ”We hope other states will follow New Hampshire’s lead in seeking this new grant money to expand community services and supports.”

A total of $3 billion is available to states under the Affordable Care Act’s Balancing Incentive Program.

While federal Medicaid law requires states to pay for institutional care for the elderly or persons with disabilities who may need assistance with activities of daily life, home or community-based long-term supports are optional. All states, however, operate home or community-based optional programs in Medicaid but demand frequently exceeds the state’s available resources.

The new grant program is part of an ongoing effort by CMS and states to expand home and community-based services and supports.  The Administration says it strongly supports a shift from institutional care to community services and supports for those with long-term needs.  While most Medicaid dollars for long-term services and supports still go to institutions, the national percentage of Medicaid spending on home and community based services has more than doubled from 20 percent in 1995 to 43 percent in 2009.

“No one should have to live in an institution or nursing home if they can live in their homes and communities with the right mix of affordable supports,” said Cindy Mann, director of the CMS Center for Medicaid and CHIP Services. “These new grants will help states like New Hampshire give people with long-term care needs the choice about how and where to live their lives.”

States are eligible for these grants, in the form of higher Medicaid matching payments, if they currently spend less than 50 percent of their total long-term care costs on community-based options. The enhanced Medicaid payments must be spent increasing the availability of long-term community-based services and supports.

The New Hampshire Department of Health and Human Services Balancing Incentive Program, in partnership with community organizations throughout the State, plans to further develop the systems of community-based care that serve seniors and individuals with behavioral health needs, physical disabilities, and intellectual disabilities.

New Hampshire’s grant funds will run from April 1, 2012 through September 30, 2015.

Recent cases shine spotlight on financial abuse of elderly

Recent cases shine spotlight on financial abuse of elderly

Possible $10,000 tax credit for families with special-needs adoptions

As reported at:
http://baledger.com/news/your_news/possible-tax-credit-for-families-with-special-needs-adoptions/article_ec787e58-529d-11e1-bdab-0019bb2963f4.html

Posted: Wednesday, February 8, 2012 3:40 pm

Possible $10,000 tax credit for families with special-needs adoptions From Staff Reports
news@baledger.com Broken Arrow Ledger

Families who have adopted a U.S. child with special-needs from approved foster care systems may be eligible for a federal tax credit of more than $10,000, according to the National Society of Accountants.
Special needs children are those who receive adoption assistance/subsidy benefits, whether or not the family received a deferred subsidy.

“This tax credit is a well-deserved reward for families who adopt special-needs children, yet many families are not aware of it,” said John Ams, executive vice president for the society. “We are pleased to support North American Council on Adoptive Children in their effort to publicize it, and NSA member accountants are aware of this important provision.”
The accountant society is promoting this tax credit in accordance with Adoption Tax Credit Awareness Day, Feb. 13.

For more information about the tax credit, visit NACA.org.