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A Miller Trust is an Irrevocable Income Trust that is required when an individual is applying for Delaware’s Long Term Care Medicaid program and the applicant receives more monthly income than the State of Delaware allows. Income is defined as Social Security, pension, rental and annuity payments

The State of Delaware is known as an “income cap state”. This means if an applicant’s monthly gross income exceeds $1,957.50 (2020), the applicant is not eligible for Medicaid without additional planning. The resolution for the applicant’s income eligibility is to create and fund an Irrevocable Qualified Income Trust, also known as a Miller Trus...

Contributed by Nurse Next Door Written By: by Amy Clark, BSN, RN, Certified Dementia Practitioner Director of Nursing

2020 has been designated the Year of the Nurse and Midwife by the World Health Organization (WHO). This year was chosen to honor the 200th birthday of Florence Nightingale. For the 17th year in a row, nursing has been chosen as the most trustworthy profession!! According to the WHO, the world needs nine million nurses by the year 2030. Their hope is that by highlighting nurses this year, awareness will be raised and more programs can be put in place to recruit and train nurses and midwives. The value a nurse brings to a...

Contributed by: Procino-Wells & Woodland, LLC

The SECURE Act (“Act”) was included in a spending bill approved by the Senate on December 19, 2019, and signed into law by the President on the next day. Standing for “Setting Every Community Up for Retirement Enhancement,” here are a few things to understand about the Act:

The Act aims to address a pressing issue, which is the lack of sufficient retirement savings among a significant number of Americans. With the decline of traditional pensions, most Americans are now responsible for saving for their own retirement. The Act seeks to redress this problem by incentivizing employers wh...

Traumatic Brain Injury Support Information provided by: Brain Injury Association of Delaware

Did you know that there is a Traumatic Brain Injury Trust Fund in the State of Delaware? In July 2013, the General Assembly allocated funding to the State Council for Persons with Disabilities to administer a Brain Injury Trust Fund. This fund has helped many individuals receive services that have improved their quality of life and increase their independence.

Covered services under the Traumatic Brain Injury Trust Fund may include the following (not covered under DHSS Medicaid Programs): • Home and Environmental Modifications • Driver Reh...

Wednesdays to Return to Full Public Service Hours; Agency to Hire 1,100 Direct Service Employees

Starting on January 8, 2020, Social Security offices nationwide will be open to the public on Wednesday afternoons, Andrew Saul, Commissioner of Social Security, announced. This change restores Wednesday public service hours that were last in place in late 2012. “I don’t want someone to come to our office at 2:30 on a Wednesday only to find our doors closed,” Commissioner Saul said.

In another move to improve service to the public, Commissioner Saul announced in his Open Letter to the Public at www.ssa.gov/agency/coss-message.html that...

Top 5 Reasons Why You Should Attend Physical Therapy Following A Car Accident Contributed by Aquacare Physical Therapy

1. Physical Therapy Helps Shorten the Recovery Process: Many people that are in a car accident don’t realize immediately that they may have received a serious injury. When they do realize how the injuries are affecting their everyday life, they may turn to pharmaceuticals or other opioids to decrease the pain. Today the opioid epidemic is at record high, and as health professionals we are trying to stop it. PT is an option that can be utilized to avoid abusing opioids. Common injuries that occur from a car accident is p...

In 2019, we celebrate the 30th anniversary of the World Wide Web. In 30 years, we have seen companies like Amazon.com rocket from a small bookseller to a global retail titan. We now pay our bills, plan vacations and read the news online – concepts completely foreign just two decades ago. With the onslaught of internet-based businesses inevitably came the notion that legal services could be just as quickly and easily delivered at the touch of a button – thereby spawning the household name “Legalzoom.com.” However, services like those offered at “one-size-fits-all” legal sites are often ultimately troublesome for clients and can create a fal...

Thoughts provided by Catherine M. Seeber, CFP®, CeFT®, Vice President and Financial Advisor at CAPTRUST with a special concentration for those individuals facing a life transition (divorce, widowhood, retirement…) located in Lewes, DE.

It’s not all doom and gloom as the gap is shrinking every year as it relates to the gender pay gap. Although a recent study by ADP Research Institute found that the wage gap between men and women still exists (women earn 79% of what me are paid) women are more likely to save than men, and they’re saving a higher percentage of wages. According to Ahu Yildirmaz, head of the institute, financial advisors an...

Written by: Michele Procino-Wells, Esquire

You’ve decided it is time to consider your options with regard to Medicaid planning. You haven’t met with an attorney yet, but you’ve heard that qualifying for Medicaid coverage for a nursing home stay will require reducing your net worth and assets. In considering this, you decide the easiest way to accomplish this goal is to start gifting your property, assets, and real estate now, then you won’t have to worry about it later, right?

Unfortunately, this solution may seem simple on its face – but there may be a far better option to accomplish the same result. Outright gifting of assets a...

Written by: Michele Procino-Wells, Esquire

A Caregiver Agreement, also known as Personal Care Contract or a Personal Service Contract, is a written contract between an elderly person in need of care and a person that can offer them the care they need. Generally, the caregiver is an adult child or other family member, who is under contract to complete specific services for the elderly parent/person in exchange for money or other considerations. The services generally include things like meal preparation, bill paying, laundry, housekeeping, transportation, etc.

These contracts have various benefits for both the elderly person and the...

Much like the dynamics of our lives evolve over time, so too should the contents and structure of our estate plans. It is a mistake to believe you only need an estate plan upon reaching a certain age or milestone like retirement. To the contrary, estate planning is necessary from college to the nursing home, and at many points in between. The following examines various life stages and estate planning suggestions for each:

The Young and the Invest-less: You are never too young to consider an estate plan. For instance, who will handle your student loan debt if you pass away? What about your car, musical instruments or beloved pet? As well,...

In the wake of the death of a spouse, there are few things you’d rather put off more than handling your household financial portfolio. Especially if your spouse was more involved in the day-to-day management than you, it can quickly become burdensome to locate accounts, pay bills and re-budget on one income. The following set of tips will hopefully be of some help to you as you navigate this difficult journey and provide comfort as you face this overwhelming task.

Tip #1 - Implement a “Decision Free Zone:” The worst time to make a major financial decision is during a highly-emotional period in your life. We encourage you to set aside at...

Written by: Michele Procino-Wells, Esq.

Joint ownership of assets with a person’s children or other individuals can lead to disastrous results if not used properly. “Joint tenancy” is the legal term for joint ownership and it applies to any asset that is “titled,” including bank and investment accounts, real estate, cars or boats. When a joint tenancy is created, two (or more) individuals own the asset together and, upon the death of one joint owner, the remaining owners take over that person’s interest. Many mistakenly believe that placing a home or account in joint names with their children is a fast and easy estate planning tool that av...

“Lost & Found Author, Barbara Webster, Wants you to Know” Barbara J. Webster, Author – Lost and Found: A survivor's guide for reconstructing life after brain injury.

I need a lot more rest than I used to. I’m not being lazy. I get physical fatigue as well as a “brain fatigue”. It is very difficult and tiring for my brain to think, process and organize. Fatigue makes it even harder to think.

My stamina fluctuates, even though I may look good or “all better” on the outside. Cognition is a fragile function for a brain injury survivor. Some days are better than others. Pushing too hard usually leads to setbacks, sometimes to ill...

Contributed by Catherine M. Seeber, CFP®, CeFT®, Vice President & Financial Advisor

It’s apparent that Americans, both women and men, have not saved enough money for retirement. Studies have increasingly indicated that many baby boomers have no financial plan in place to protect themselves against outliving their assets and the rising cost of health care should they live longer than expected. So what makes women so much more vulnerable than men?

Longevity. It’s a phenomenon seen in every population: Women live longer than men. In the most recent study by the Centers for Disease Control and Prevention (2017 Tables), life expectancy at a...

Written by: Michele Procino-Wells, Esq.

Preparing an estate plan is often a bittersweet experience. On the one hand, you may feel gratified about the notion of leaving behind financial stability and security for your loved ones to rely upon. On the other, you may feel uncomfortable facing your own mortality and would rather quickly circumvent the estate planning process.

Both feelings are common emotional components of any estate planning process. However, what you should try and avoid at all costs – and trust us, it can cost you – is rushing through the process to the detriment of your family’s financial future. By not taking the time to...

Written by: Michele Procino-Wells, Esq.

We plan to go on vacation. We plan to have dinner with friends. But when it comes to planning for our care as we advance in age, many of us prefer not to think about it, believing it will somehow all work out. Consider the two scenarios below that contrast the different outcomes of planning early and choosing the “wait and see” approach for long term care.

The Facts Hank is 72 and Ellen is 69. They have been retired for several years. Recently, their oldest child asked them whether they had made any plans if one of them suddenly got sick. Hank and Ellen had not thought much about this sin...

Written by: Michele Procino-Wells, Esq. Procino-Wells & Woodland, LLC serves the Eastern Shore from their offices in Seaford & Lewes, DE & Berlin, MD

On a regular basis someone asks me, “If I die and have debt, who will be responsible for paying back those I owe?”

When a person dies, a new entity emerges, called our estate. Your “estate” represents your assets and your liabilities. Upon death, the “probate” process (the legal process of administering a deceased person’s estate), will resolve your debts and distribute your remaining assets to your heirs.

Creditors may legally claim assets within your estate (money or property)...

Contributed by: Carol Kellam, Social Security District Manager in Salisbury, MD

Scammers have become more aggressive and sophisticated in the digital age. With millions of people relying on Social Security and Medicare, scammers target audiences who are looking for legitimate program and benefit information. Scammers sometimes try to scare people into giving out their personal information. Never give someone who called you any personal information unless you absolutely know who they are.

The law that addresses misleading Social Security and Medicare advertising prohibits people or non-government businesses from using words or emblems that...

On a recent evening, our team was together for a dual baby shower. That's right- the PWW team is growing by four feet this fall! Part of the festivities included delicious snacks, but one snack in particular caught everyone's attention: The Ranch Snack Mix. We hope your family might enjoy this treat over the weekend while everyone recharges from the first week back to fall routines.

Ranch Snack Mix Erin Dukes, Estate Planning & Administration Coordinator

¾ cup vegetable oil 1 packet dry ranch dressing mix 1 9oz. package oyster crackers 1 11.5 oz. box reduced fat Cheez-its 8 oz. pretzels (waffle pretzels are the best!) 1 tsp. onion ...

The summer months are a good time to consider some ideas that will help cut your tax bill for the current year and minimize future taxes.

Gift Taxable Investments vs. Cash

Are you feeling generous? As you review your investment accounts for winners and losers, consider the optimal type of gifts to give your favorite relatives and/or charities.

Gifts to relatives. Instead of making cash gifts, give your loved ones taxable investments that have appreciated in value. If your relatives are in lower federal tax brackets, they’ll pay lower tax rates than you’d pay if you sold the same shares.

For example, relatives in the 0% federal income t...

A Message From the President, HealthFocus Summer 2019 Steve Leonard, Ph.D., MBA, FACHE, President/CEO Peninsula Regional Health System, Peninsula Regional Medical Center

Nanticoke, McCready and Peninsula Regional: Partners in Health

Steve Rose, President and CEO of Nanticoke Health Services, said it perfectly six months ago, announcing to his Sussex County team about choosing to affiliate with the Peninsula Regional Health System: “We share a similar culture and commitment to community. Combined, our two organizations will create a strong healthcare system for the Delmarva Peninsula.”

Similarly, Kathleen Harrison, CEO of McCready Hea...

(ARA) - How would you react if you were sitting in the back seat, one of your parents were driving, and they became slightly confused when it came time to take an exit? Or if they brushed a curb while driving down the road?

Most people wouldn’t consider either situation alarming, but what if your loved one got lost on the way to the grocery store or some other place they had been to dozens of times before?

It happened to 84-year-old “Mary” of Charlotte, N.C., about two years ago. She was supposed to drive herself to a dentist appointment, but somehow ended up about 10 miles away at a post office. Fortunately, she remembered her home p...

Hello. Bella here. If we haven’t yet been introduced, I’m the Chief Content Contributor for the Procino-Wells & Woodland, LLC quarterly newsletter. Also, and more importantly, four legged queen of the Wells’ home. I just left a spa day with my girlfriend Phoebe and she had the nerve to ask me who her humans should hire to create their estate plan. Like, hello, the Dremel isn’t so loud that you’ve never heard me talk about what my mom does for a living. Ugh. She gets my bandana in such a wad. I’ve told her before. Your human’s estate plan shouldn’t just make arrangements for the house and grandma’s piano. Four legged children need...

Contributed by: Jessica L. Whaley, Legal Assistant

When speaking about estate planning in general terms, most people tend to direct their attention to those documents that plan for after they have departed this life (i.e. a will or trust). However, when we prepare an estate plan for our clients, we not only want to prepare documents to assist in the administration of their estate, but also to aid in the years of life ahead. This is where a Power of Attorney (“POA”) becomes a useful document when it is drafted correctly. As we will discuss below, without the proper powers assigned within the document, a POA can be a source of grief for tho...