Posts Tagged ‘Monmouth County NJ elder law attorney’

National Report Says States Have Ability to Curb Power of Attorney (POA) Abuse

Friday, April 17th, 2009

Fredrick P. Niemann, Esq., a Power of Attorney Lawyer

The misuse of powers of attorney to exploit the elderly appears to be on the rise, but a new AARP report says that states can improve protections for older people by adopting a model law that addresses this type of abuse.

For most people, the power of attorney is the most important estate planning instrument — even more useful than a will. A power of attorney (POA) allows an individual to name a trusted person — their agent — to make financial decisions for them if they ever become incapacitated.

But while a POA avoids the costly and time-consuming process of having a court appoint a guardian or conservator, it also confers a great deal of authority on the agent. This is why advocates for the elderly often call the POA a “license to steal.” Increasingly, it seems, dishonest agents have been taking advantage of this license. AARP says that adult protective services and criminal justice professionals are reporting “an explosion” of financial exploitation cases of this type against the elderly.

Powers of attorney are regulated by state law and most states lack adequate safeguards, AARP contends; not New Jersey however. “New Jersey has strong fiduciary laws that are readily enforceable by the courts” says Fredrick P. Niemann, an elder law attorney in Freehold, Monmouth County, New Jersey.  New Jersey has laws on Powers of Attorney to offer help to protect people who execute POAs and discourage POA abuse. “There are stringent requirements for agents to exercise certain powers, as well as provisions making malfeasant agents liable for damages, attorney’s fees and costs”, says Niemann.

The AARP report, “Power of Attorney Abuse: What States Can Do About It,” compiled by the American Bar Association Commission on Law and Aging under contract to AARP.

For further information and advice on Powers of Attorney, do not hesitate to contact Fredrick P. Niemann at 732-863-9900 Ext. 101 or 105, or fniemann@hnlawfirm.com.

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Claiming a Parent As a Dependent

Tuesday, January 27th, 2009

If you are caring for your mother or father, you may be able to claim your parent as a dependent on your income taxes. This would allow you to get an exemption ($3,300 in 2006) for him or her.

There are five tests to determine whether you can claim a parent as a dependent:

1. The person you are claiming as a dependent must be related to you. This shouldn’t be a problem if you are claiming a parent (in-laws are also allowed). Keep in mind, however, that foster parents do not count as a relative. To claim a foster parent, he or she must live with you for a year as a member of your household.

2. Your parent must be a citizen or resident of the United States or a resident of Canada or Mexico.

3. Your parent must not file a joint return. If your parent is married, he or she must file separately. There is an exception if your parent is filing jointly, but has no tax liability. If your parent files a joint tax return solely to get a refund, you can claim him or her as a dependent.

4. Your parent must not have a gross income of $3,300 (in 2006) a year or more. Gross income does not include Social Security payments or other tax-exempt income. (For those with incomes above $25,000, some portion of Social Security income may be includable in gross income; 

5. You must provide more than half of the support for your parent during the year. Support includes amounts spent to provide food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities. Even if you do not pay more than half your parent’s total support for the year, you may still be able to claim your parent as a dependent if you pay more than 10 percent of your parent’s support for the year, and, with others, collectively contribute to more than half of your parent’s support. To receive the exemption, all those supporting your parent must agree on and sign the applicable Multiple Support Declaration (Form 2021).

If you cannot claim your parent as a dependent because he or she filed a joint tax return or has a gross income above $3,300 but you have been paying your parent’s medical expenses, you may be able to deduct those expenses from your taxes.

Also see our blog, “Deducing Medical Expenses from Your Taxes”.

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Deducting Medical Expenses from Your Taxes

Friday, December 12th, 2008

Tax time is approaching, and if you have a large number of medical expenses, you may be able to deduct many of these from your taxes. Many types of medical expenses are deductible, from long-term care to hospital stays to hearing aids. To claim the deduction, your medical expenses have to be more than 7.5 percent of your adjusted gross income. In addition, you can only deduct medical expenses you paid during the year, regardless of when the services were provided, and medical expenses are not deductible if they are reimbursable by insurance.

What you can deduct

You can deduct medical expenses for yourself, your spouse, and your dependents. The following are some of the items included in the definition of medical expenses:

• The cost of drugs that require a prescription. You can deduct insulin without a prescription.
• The cost of dental treatment, including x-rays, fillings, and dentures.
• The cost of travel to medical appointments.
• Premiums paid for insurance policies that cover medical care are deductible, unless the premiums are paid with pretax dollars. Generally, the payroll tax paid for Medicare Part A is not deductible, but Medicare Part B premiums are deductible. • Payments made for nursing services. An actual nurse does not need to perform the services as long as they are the kind generally performed by a nurse.
• The cost of long-term care, including housing, food, and other personal costs, if you are chronically ill. Chronically ill means you are unable to perform (without substantial assistance) at least two activities of daily living, such as eating, toileting, transferring, bathing, and dressing for 90 days or you require substantial supervision due to a severe cognitive impairment.
• The cost of meals and lodging at a hospital or similar institution if a principal reason for being there is to receive medical care. The amount you include in medical expenses for lodging cannot be more than $50 for each night for each person.
• Costs for medical equipment installed in a house or improvements made to the home if the equipment or improvements are needed to for medical care. If you make an improvement, the deduction must be reduced by the increase in the value of your property.
• The portion of a lump-sum or “founders fee” payment to a retirement home that is for medical care. The agreement with the retirement home must require that you pay a specific fee as a condition for the home’s promise to provide lifetime care that includes medical care.
• The cost of medical expenses for an immediate family member (including in-laws) or someone who has lived with you for a year. The family member must be a U.S. citizen or legal resident or resident of Canada or Mexico and you must provide more than half of that person’s support for the year. Even if the taxpayer is not paying more than half family member’s total support for the year, he may still be eligible for a deduction if a “multiple support agreement” is created. The taxpayer must pay more than 10 percent of an individual’s total support for the year, and, with others who also support the resident, collectively contribute to more than half of the resident’s support. All those supporting the individual must agree on and sign the applicable Multiple Support Declaration (Form 2120).

For more information on what you can and cannot deduct, see Publication 502 on the IRS Web site.

Also see our blog, “Claiming a Parent as a Dependent”.

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Cost of caring for aging parents is looming financial crisis for many adult children

Friday, September 26th, 2008

63% of survey respondents don’t have a plan to pay for their aging parents’ care

Many people find themselves responsible for paying for the care of their parents in old age. The parents did not plan it that way and the children did not see it coming. According to a just-released survey, these adult children of aging parents have found themselves vastly unprepared.

The survey found: 

  • 63% of caregivers have no plan as to how they will pay for their parents’ care over the next five years.
  • 62% say the cost of caring for a parent has impacted their ability to plan for their own financial future.

“With an estimated 34 million Americans providing care for older family members, the survey’s results indicate a financial crisis in the making,” says Joe Buckheit, Publisher of AgingCare, a website and online forum for family caregivers.

“Medicare only covers long-term care for a short time, and only under strict rules. Medi-gap insurance helps, but does not cover all costs. The burden of paying for long-term care often rests with the family,” Buckheit says.

“The caregivers’ lack of planning is impacting their own financial future.”

Long-term care costs are not the only expenses caregivers bear.

“Family members responsible for ailing loved ones provide not only hands-on care but often reach into their own pockets to pay for many daily expenses, including groceries, household goods, drugs, medical co-payments and transportation,” says Buckheit.

“Americans who are already strapped for cash by the rising price of gas and food are unable to afford these additional expenses.”

The survey found: 

  • 34% spend $300 or more per month out of their own pocket for caregiving expenses.
  • 54% have sacrificed spending money on themselves to pay for care of their parents.

Work Issues
Making matters worse, caring for aging parents often impacts adult children at their workplace as well. The survey found: 

  • 43% have had to take time off work due to caregiving responsibilities.
  • 48% say they are earning less money at work as a result of caregiving.
  • 25% have been fired or had to quit their job as a result of caregiving.

Physical and Emotional Toll
Despite potentially making less money and doling out more, more than half of the caregivers surveyed are spending what equates to a full-time work week   • 40 hours or more  •  on caregiving duties  •  many in addition to their full-time careers outside the home. 

  • 53% of caregivers provide care 40 or more hours per week.
  • 37% provide care more than 80 hours per week.
  • 21% say they never get a break from caregiving.
  • 36% get a break of 5 hours or less a week.

The survey indicates that today’s caregivers face a triple financial threat: unplanned-for caregiving expenses, less money for their own needs and reduced time in the workplace.

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