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What is Elder Law?

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Elder Law is a specialized area of legal planning meant to guide any adult through lifetime planning, end of life planning, and asset protection planning. At the root of elder law is estate planning. What is estate planning? For many, the concept seems limited to signing a series of lengthy, legalistic documents in order to meet the goals of providing for loved ones, reducing tax liability, and avoiding probate. However, a true estate plan encompasses much more than executing the right documents.

Planning for the future can bring about overwhelming feelings of anxiety, insecurity, and the desire to avoid the topic all together. However,...

Communications From SSA Regarding the mySocialSecurity Website

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Provided by the Social Security Administration:

Dear Colleague,

Ten years ago this May, we launched my Social Security. It started with letting people see future benefit estimates or current benefits. Over the decade, we’ve added and upgraded features to turn my Social Security into a powerful suite of online services that make your clients’ lives easier when doing business with us online.

More than 69 million people have signed up and benefited firsthand from the many secure and convenient self-service options. And they’ve used their account more than 1.1 billion times to get what they need quickly and securely without needing to spe...

Succession

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Succession By: Amber B. Woodland, Esquire

Raise your hand if you’ve binge-watched a series on your favorite streaming service over the last 2 years? I have, and I would bet that most of us are guilty. There’s just something meditative about retreating to the mindlessness of good television. When you find an entertaining series, it’s like you’ve struck gold.

This happened to me when I clicked over to “Succession” on HBO Max. In this series, leader of his business and his family, Logan Roy, contemplates who’s best fit to take over the highly dysfunctional family dynasty. Is it his son who’s always worked in the business or his daugh...

Serving Those Who Serve

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Serving Those Who Serve Contributed by: Taylor R. White, Estate Planning Coordinator

Procino-Wells & Woodland takes great pride in serving the needs of our active military service members and Veterans. The men and women who serve our country hold a special place in my heart and my prayers as I have observed the sacrifice, honor, and grit they possess for this country and its citizens.

Admittedly, the last thing on my mind as my younger brother prepared for his first deployment was discussing his insufficient, ‘fill in the blank’ estate planning documents provided by the military. In a blur of emotion, fear, and strained positivity, I fou...

A Good Deed is in the Details

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A Good Deed is in the Details Written by: Taylor Tallarico, Deed Preparation Coordinator

The average person will spend roughly one-third of their lives working. A 40-hour-per-week career from college graduation to retirement equates to 90,000 hours invested in a person’s occupation. I think about the examples my parents and grandparents have set for me, including the example of working hard to earn the things you want and need.

Oftentimes, those 90,000 hours earn a family the ability to purchase real estate. What begins as a house quickly transitions to a home. For many, our homes hold some of our most precious memories. Home is the p...

Probate Vs. Non-Probate Assets

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Probate Vs. Non-Probate Assets Written by: Aubráa D. Jernigan, Estate Administration Assistant

The Last Will and Testament is a familiar legal estate planning document that allows the creator to record what should happen to her assets at her passing. This document nominates an Executor(s) to carry out her wishes, names beneficiaries to inherit assets, and includes charitable giving and nominations for legal guardians of minors, if applicable. An individual that passes away with a valid Will in place has died testate. An individual that passes away without a valid Will in place has died intestate. In both scenarios, probate is likely ...

Legacy

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Legacy Contributed by: Sherri J. Holder, Firm Manager

What comes to mind when you hear the word legacy? As an elder law firm, you’d probably expect us to say that legacy means an inheritance in the form of money or real property left through a Will. While the Book of Proverbs would agree with that definition, we think a legacy is much more intricate than that. Yet, the context of biblical stories is relevant to how we think and plan for our children and their children.

In the days of Moses, heritage was treasured and usually passed to sons. For daughters or women to inherit they had to petition for their birthright or patrimony. In one p...

Creating an Estate Plan When Your Family Has Debt

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Creating an Estate Plan When Your Family Has Debt Contributed by: Emily D. Banning, Estate Planning Coordinator

It’s closing day. Imagine you’re just leaving the settlement office with the keys to your dream home. As you enjoy the tunes on the drive home you hear an ad about the importance of creating an estate plan. The voice in your head chimes in to say, I don’t need to worry about that because these shiny new house keys came along with a thirty-year mortgage. If I have debt, surely I don’t have an estate to plan for.

For Delaware residents, the best end of life estate planning tool is almost always the Revocable Living Trust. L...

Planning Considerations for the Business Owner

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Planning Considerations for the Business Owner

My grandmother is going to be 92 this year. I’ve always known her to be a very private person, not wanting anyone, to include her children or grandchildren, to know of her affairs, including the status of her health, the assets she owns or her coveted spaghetti sauce recipe. This has been a sticking point for many years because our family is increasingly concerned with being prepared to help her as she ages or being prepared to settle matters at her passing.

I have come to learn that my grandmother is not an anomaly. Rather, she is part of a group of individuals who choose privacy to p...

Social Security Announces Redesigned Statement -- Now Available with a my Social Security Account

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Social Security Announces Redesigned Statement -- Now Available with a my Social Security Account

Kilolo Kijakazi, Acting Commissioner of Social Security, today introduced a new look and feel to the Social Security Statement, available online through the my Social Security portal at www.socialsecurity.gov/myaccount and by mail. The Statement is one of the most effective tools people can use to learn about their earnings and future Social Security benefits. This fresh look will allow millions of people to see their earnings information and estimates of future benefits quickly and securely.

“One of my top priorities is to provide i...

Your Family Might Not Want Your Stuff

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Your Family Might Not Want Your Stuff Contributed by: Mindi K. Cooper, Estate Planning Coordinator

A few months ago, my family and I were visiting my 92-year-old great-grandmother. Her health had started to decline, and we wanted to spend some time with her while we still had the chance.

Mommom Jeanne was an interesting lady and loved all things fashion. She worked for Strawbridge and Clothier Department store in the shoe department and always had the trendiest new shoes. While we were visiting, Mommom insisted that I look through her closet and that I could have anything I wanted. I tried telling her that I didn’t need anything, and the ...

Acute Rehab versus SNF

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Acute Rehab vs. SNF (Skilled Nursing Facility) Contributed by: PAM Rehabilitation Hospital of Dover, A Post Acute Medical Hospital

What is the difference between Acute Rehabilitation and Skilled Nursing care?

Following hospitalization for a serious illness or injury, you may face a decision on whether to continue your recovery at an inpatient rehabilitation hospital or a skilled nursing facility. Understanding the difference between these two levels of care is crucial during the post-acute planning phase, as it can determine whetehr or not you maximize your medical and functional long-term recovery.

The high level of hospital care given...

A Medical Alert Device Can Promote Safety, Independence and Peace of Mind

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A Medical Alert Device Can Promote Safety, Independence and Peace of Mind Contributed by SeaCure Solutions

About the Company

SeaCure Solutions derives its name from our coastal surrounding and commitment to peace of mind through safety and security initiatives. The company specializes in Personal Emergency Response Systems, also known as Medical Alert Devices and other risk management strategies to support senior populations, lone workers such as realtors, children, and anyone with special needs. Medical alert systems cost less than $1.00 a day and can be covered in part by Medicaid and/or medical insurance.

So, what is a medical alert or...

Managing Medications

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Managing Medications Contributed by: Danielle Marvel, Elder Law Department Manager

Last year I unexpectedly lost my mother. It was quickly apparent that my father didn’t only lose his loving wife, but also his life manager. Among many other tasks, she managed the household bills, doctor’s appointments, and my father’s medications. My father needed help with all the tasks my mother previously managed, and I needed to help him while living under a different roof and maintaining my own responsibilities.

Mine are challenges that many family caregivers face. Of the things caregivers help with, managing medications can often be the most ...

Beware of Senior Scams!

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Beware of Senior Scams! Contributed by: ElderCounsel Newsletter, March 2021

There are many, many good people in the world. Some strangers would give you the shirt off their back, folks who volunteer their time to help others in need, and those who hold the door open for you as you are entering a store. Especially in our tumultuous times, it is important to be kind and generous to our fellow neighbors. However, with the good must come the bad. There are scammers out there who prey on various populations, usually ones who are more vulnerable. Beware of senior scams!

What are some seniors scams to be aware of?

The ne’er-do well must somehow ...

Aging In Place

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Contributed by: Procino-Wells & Woodland, LLC

How is Aging in Place different than what I’m doing now?

“Aging in Place” has become a coined phrase in the healthcare industry, pointing to several solutions that when used together, help seniors live safely, independently and comfortably. Notably in our experience is the use of professional aging in place specialists. These professionals are sometimes referred to as “Elder Care Managers”, “Geriatric Case Managers”, “Aging in Place Specialists”, etc., but despite the title, intend to offer the same service of routinely evaluating the senior’s daily activities, behaviors, and changes in heal...

Planning for Four-Legged Family Members

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Planning for Four-legged Family Members By: Taylor R. White, Estate Planning Coordinator

We often consider our pets more than just furry friends, but our four-legged family members. While we have many important people in our busy lives, our pets only have us. It’s imperative to consider how to provide for them in the event of unforeseen circumstances through your estate planning- just as you would for your human family members.

The Who, What and Where- Be sure to consider who will ultimately care for your pets and how they will be cared for. Remember, you have options- this person could be a close family member, friend or professional. I...

Qualifying for Tax Breaks for a Dependent Parent

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Qualifying for Tax Breaks for a Dependent Parent Contributed by PKS & Company, P.A. https://www.checkpointmarketing.net/n.cfm/page/e105/key/421725351G3535J8615766N9N554944P0P10402246T0/

For many families, the tables may turn, and adult children provide financial support for their parents. For example, you might have moved your in-laws from a long-term care facility into your home during the pandemic for safety and convenience. Or your widowed father might still live in his own home, but his pension might not be enough to cover his living expenses, so you pay his rent and substantial medical costs.

If you pay over half the cost of...

What is the Difference Between Medicare and Medicaid?

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What is the Difference Between Medicare and Medicaid?

Provided by ElderCounsel, Newsletter 5.21

www.eldercounsel.com

Medicare and Medicaid are two different government programs for healthcare. It is important to understand the difference between them. Here, we will discuss how the program benefits differ, how eligibility for each program is established, and discuss some recent news pertaining to each program.

Medicare vs. Medicaid – What are the program benefits?

Medicare is a program administered by the federal government to provide healthcare to certain populations. Original Medicare is divided into Parts A and B.

Medicare Part A c...

Supporting Caregivers During Alzheimer’s and Brain Awareness Month

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By: Emma Driban, JFS Content Developer Written & Published in the June issue of the jVOICE https://www.jfsdelaware.org/supporting-caregivers-during-alzheimers-and-brain-awareness-month/ JFS Delaware - https://www.jfsdelaware.org/

In Delaware alone, there is an estimated 19,000 residents aged 65 and older currently living with dementia, according to the Alzheimer’s Association 2021 Alzheimer’s Disease Facts and Figures. While that number is significant, it does not convey the number of people who are impacted by dementia or Alzheimer’s Disease. When a family member is diagnosed with Alzheimer’s disease or other dementia, the diagnosis can h...

PWW Law Summer Reading List

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PWW Summer Reading List

Several of our team members love to read and envision the sandy beach on a warm summer day as the ideal spot to take in a good book. We’ve compiled a list of books that our team members have enjoyed recently, and we hope our list helps you round out your summer reading. Enjoy!

The Silent Patient by Alex Michaelides

Greenlights by Matthew McConaughey

We Were the Lucky Ones by Georgia Hunter

We Are All the Same in the Dark by Julia Heaberlin

The Water Keeper by Charles Martin

The Book of Longings by Sue Monk Kidd

Verity by Colleen Hoover

Garlic and Sapphires: The Secret Life of a Critic in Disguise by Ruth R...

Public Benefits: Can I Do It Myself?

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Public Benefits: Can I Do It Myself? Contributed by: Danielle M. Marvel, Elder Law Department Manager

Occasionally we meet a client who is brave enough to ask us if they can file for Long Term Care Medicaid or Veteran’s Aid & Attendance on their own. We suspect it is on the tip of most client’s tongues. The short answer: yes, you can. The beginning of the application process for either benefit would be comparable to applying for a highly sought-after new job; the applicant would be nervous, want to do it right, want it to go well, but not know exactly what answers are expected in the blank fields. After getting past the basic name, add...

Let's Talk About Shoes

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Let's Talk About Shoes

Contributed by: Amy Clark, BSN, RN, CDP, Clinical Director at Silver Lining Home Healthcare

https://silverlininghealthcare.com/

Our feet take a beating, and as we age, there are many changes in our feet that affect what shoes we can wear. As the foot ages, the arches fall, the fat pads go away, and we get bunions and corns and hammertoes. Many people suffer from plantar fasciitis, poor circulation, thick toenails, and loss of sensation in their feet. All of these foot problems can make you want to throw away your fashionable shoes and opt for what some might call “old people'' shoes! But there are so many wonderful o...

Something Worth Protecting

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Something Worth Protecting Contributed by: Taylor White, Estate Planning Coordinator

As far back as I can remember, I was taught the value of hard work, the value of a dollar, and the value of integrity. Those values have grown in importance as I age. Most of us will work hard to provide for ourselves and, maybe even our loved ones, for the majority of our adult lives. Most of us hope to realize that true success and fulfillment is about living a great lifestyle. It’s about being healthy, spending time with the right people, enjoying the moment and experiencing a bit of good old-fashioned fun. While our basic needs as humans are the same, ...

Becoming Your Parent’s Caregiver: Relationship Tips for Adult Children

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Becoming Your Parent’s Caregiver: Relationship Tips for Adult Children Contributed by Delaware Hospice https://www.delawarehospice.org/

Human nature dictates that we often experience child-parent struggles. The blurring of identities as our parents advance in age and we become their caregivers frequently intensifies these struggles. This can create tremendous strain on our ability to manage the day-to-day stresses of these new roles. But there are some relatively simple ways to handle the changes in your relationship with your parents and make the transition easier on you both.

Stop and count to 10

Simply stopping and counting to 10 b...