Are You Ready?

The State of California has developed a non-profit website to help consumers navigate the overwhelming and costly issue of long-term care. They offer planning tools, brochures, calculations, and information on long term care insurance policies. As two out of three Californians are projected to need long-term care this information can help you make sure that you have prepared for the needs of yourself and your loved ones.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Tax Identity Awareness Week

As Tax season approaches make sure that you do not fall victim to the fraud and scams that abound. Listed below are some of the events that are being hosted by the Federal Trade Commission and its partners on how to minimize your risk what to do if your identity is compromised.

 
• January 26, 2 p.m. – an FTC webinar for consumers, co-hosted AARP’s Fraud Watch Network and Tax Aide Program. Learn how tax identity theft happens and what you can do if it happens to you.

 
• January 27, 11 a.m. – the FTC and the Department of Veterans Affairs (VA) will host a Twitter chat with information about tax identity theft for veterans. Join the conversation at #VeteranIDTheft.

 
• January 27, 2 p.m. – the FTC, TIGTA and the VA will host a webinar with information about tax identity theft for veterans.

 
• January 28, 1 p.m. – the FTC and the IRS will co-host a webinar with information to help victims of tax identity theft.

 
• January 29, 2 p.m. – the FTC and the Identity Theft Resource Center will co-host a Twitter chat about tax ID theft. Join the conversation at #IDTheftChat.

 
For more information on each of these events go to the Federal Trade Commission website. You can also visit www.IdentityTheft.gov, the government’s one-stop resource to help identity theft victims recover.

 
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

SCAM ALERT: Medicare Impostors

According to the Federal Trade Commission there is a new scam on the rise. Scammers are now calling and impersonating Medicare workers. They will claim that they need to verify your bank account number. They sound very sound convincing and act like it is an urgent matter.
Some of the scammers may even know the first few numbers of your account, and ask you to verify the rest. If you give them the rest of your number, they will use it to access your account to take your money.
The callers may say they lost your information and need it to deposit funds, provide additional benefits, or send you a new Medicare or prescription card. They will assure you there’s no charge and threaten that your benefits will be cut off if you don’t give them your bank account information right away.
This is a scam to steal your money. Medicare will never call you and ask for your bank account information.
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Limitations to the End Of Life Option Act

In May of 2016, the End Of Life Option Act, that was approved by the Governor on October 5, 2015, will became law. This act will replace Part 1.85 of the current California Health and Safety Code commencing at section 443. This new law allows an adult, who has been determined to be suffering from a terminal illness to request a prescription (referred to as an “aid-in-dying drug”) to end his or her life, under certain conditions.
I have already received requests from several clients to include their wish that their agent under their advance health care directive be authorized to make this request on their behalf. Unfortunately, 443.2 (c) specifically states, “A request for a prescription for an aid-in-dying drug under this part shall be made solely and directly by the individual diagnosed with the terminal disease and shall not be made on behalf of the patient, including but not limited to, through a power of attorney, an advance health care directive, a conservator, health care agent, surrogate, or any other legally recognized health care decision maker” (emphasis added).
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Mandatory IRA Withdrawal Deadlines Are Coming Up Quickly

With all of the hustle and bustle of the holidays, it is easy to put off or even forget a few things until after the beginning of the year. Not withdrawing funds from your IRA, if you have required minimum distributions, could be costly. For those over the age of 70½ who have not yet taken the annual required minimum distribution from their IRAs for 2015, you must do so before December 31st. If you miss this deadline, you face a tax penalty that amounts to 50 percent of what you should have been withdrawn.
An article in the December 8, 2015 issue of the Pittsburgh Post gazette stated that Fidelity Investments, based in Boston, reported that as of Nov. 27, the majority — nearly 60 percent — of the company’s more than 800,000 IRA customers who are supposed to take required minimum distributions for the tax year 2014 had yet to take the full amount from their Fidelity IRAs.
Make sure that you put this item on your to do list and have a happy holiday.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Gift Ideas for Loved Ones in Nursing Homes

While this is a repeat of a blog from several years ago, it may be a help to some of you as we enter this holiday season. The best gift that you can give to a nursing home resident is a visit. If you cannot visit or want to do something extra for the holidays or their birthday, the following is an adaptation of a list published by the California Advocates for Nursing Home Reform in the winter of 2011.

  • A new pair of slippers or a robe in a favorite color.
  • A gift certificate for a haircut, massage, or manicure.
  • Recent pictures of family and friends in an album, frames, or a bulletin board.
  • Video record a family event that the resident was unable to attend and enjoy watching it with them.
  • A subscription to a favorite magazine or newspaper.
  • Crossword or word search books. (Perhaps in large print.)
  • A personal television for the resident’s room or wireless headphones for their television.
  • A wireless reading device.
  • Quilt or lap blanket.
  • Regular deliveries of flowers.
  • Plant.
  • Tote bag for walker or wheelchair.
  • Luxury toiletries.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

SCAM ALERT: Veteran Phone Scam

Do not take free phones from strangers. There is a new scam that is targeting veterans and even setting up booths near VA facilities. The helpful salesperson tells the veteran about a government program that provides free phones and cell service for veterans. However, this free phone could be very costly.

 
After signing up for the service the veteran will receive, perhaps months later, a notice that requires a lot of personal information and documents to prove that they meet the income requirements, although income requirements were not mentioned by the helpful sales person who signed the veteran up for the phone service. If their income is too high, the veteran has to pay for the service.

 
There is a government program, called Lifeline, that provides free or low cost phone service, but this program is income dependent and has nothing to do with being a veteran.
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

2016 Tax Update

As many seniors will attest, it was very disappointing to learn that there will be no cost of living increase for social security recipients in 2016. The lack of cost of living adjustments has also impacted the various tax rates and retirement contribution rates, most of which are remaining the same as the 2015 rates.

For 2016 the estate and gift tax limits have been slightly adjusted with an increase in the federal estate and gift tax exemption amount to $5,450,000 per person. This is an increase of $20,000 from the 2015 exemption amount. Thus, for a married couple, a proper estate plan can protect a total estate of $10,900,000 in 2016.

Unfortunately, like last year, the annual gift tax exclusion amount remains at $14,000 per person. A donor can gift $14,000 to any number of donees with no tax consequence, but larger gifts would need to be reported on a gift tax return (form 709).

For 2016 the annual contribution limits for retirement plans remain the same. The annual limit for 401(k), 402(b) and 457 plans is $18,000. For employees that are over age 50, a catch-up contribution in the amount of $6,000 per year is allowed. Thus, those employees over 50 can contribute up to a total of $24,000 into their 401(k). For IRA contributions, the annual limit remains at $5,500.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Medicare Open Enrollment Scams

As if it was not hard enough to figure out Medicare open enrollment, now you need to watch out for scammers that want to prey upon your confusion. According to the Federal Trade Commission website there are at least four new scams:

 
1. Someone calls and says you must join their prescription plan or you’ll lose your Medicare coverage. This is not true. The Medicare prescription drug plan is voluntary and does not affect your Medicare coverage.

2. Someone calls or emails claiming they need your Medicare number to update your account, get you a new card, or send you Medicare benefit information. Do not give them any information. If you are concerned contact Medicare directly on your own.

3. Someone claiming to be a Medicare plan representative says they need “to confirm” your billing information by phone or online. Do not give them any information. Plan representatives are not allowed to ask you for payment over the phone or online.

4. You receive an offer for free medical exams or supplies. This is most likely a trick to get your personal information.
Protect your identity and personal information. Do not give any information to an unsolicited caller or email request.

 
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Medicare Open Enrollment

Medicare’s open enrollment period is October 15 – December 7. Your existing Medicare health and drug plans can make changes each year to things like cost, coverage, and what providers and pharmacies are in their networks. The open enrollment period is when all people with Medicare can change their Medicare health plans and prescription drug coverage for the following year to better meet their needs.

 
If you have a Medicare health or prescription drug plan, you should review the materials that your plans sends you each year at this time, like the “Evidence of Coverage” (EOC) and “Annual Notice of Change” (ANOC). If your plans are changing, you should make sure that your plan will still meet your needs for the following year. For example, verify that your physicians and pharmacy are still covered by your plan. If you are satisfied that your current plan will meet your needs for next year and it’s still being offered, you don’t need to do anything.

 
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.