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        <title><![CDATA[Firm News - Law Office of Neil Thompson]]></title>
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        <link>https://www.estatesminnesota.com/blog/categories/firm-news/</link>
        <description><![CDATA[Law Office of Neil Thompson's Website]]></description>
        <lastBuildDate>Mon, 27 Oct 2025 21:19:39 GMT</lastBuildDate>
        
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            <item>
                <title><![CDATA[Benefits of Medicaid Asset Protection Trusts for Families]]></title>
                <link>https://www.estatesminnesota.com/blog/benefits-of-medicaid-asset-protection-trusts-for-families/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/benefits-of-medicaid-asset-protection-trusts-for-families/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson Team]]></dc:creator>
                <pubDate>Thu, 20 Mar 2025 16:49:00 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Planning for the future can feel like solving a puzzle, especially when thinking about healthcare needs as you grow older. Medicaid Asset Protection Trusts (MAPTs) can help safeguard the things you’ve worked hard to build. These trusts are like safety nets for your assets, allowing you to qualify for Medicaid while keeping your property safe&hellip;</p>
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<figure class="aligncenter size-full"><img loading="lazy" decoding="async" width="730" height="300" src="/static/2025/10/image-4.png" alt="asian-family-relaxing-in-a-bright-room" class="wp-image-439" srcset="/static/2025/10/image-4.png 730w, /static/2025/10/image-4-300x123.png 300w" sizes="auto, (max-width: 730px) 100vw, 730px" /></figure></div>


<p>Planning for the future can feel like solving a puzzle, especially when thinking about healthcare needs as you grow older. Medicaid Asset Protection Trusts (MAPTs) can help safeguard the things you’ve worked hard to build. These trusts are like safety nets for your assets, allowing you to qualify for Medicaid while keeping your property safe for your loved ones.</p>



<p>Imagine you have a favorite family cabin. You want to enjoy it without worrying about healthcare costs taking it away. MAPTs can protect that cabin, ensuring it remains in your family for future fun and gatherings. It gives peace of mind knowing you have a plan if health challenges come along.</p>



<p>It’s important to look at options that keep life steady for you and your loved ones. Understanding MAPTs could be the key to easing worries about the future. Setting one up isn’t just for those with many assets—it’s for anyone who wants to protect what they have. Let’s explore how Medicaid Asset Protection Trusts might be the solution you need.</p>



<h2 class="wp-block-heading" id="h-understanding-medicaid-asset-protection-trusts">Understanding Medicaid Asset Protection Trusts</h2>



<p>Medicaid Asset Protection Trusts, or MAPTs, are a great tool for protecting your family’s assets while qualifying for Medicaid. MAPTs let you set aside valuable items like your home or savings. This keeps them safe from being spent down when you need long-term care.</p>



<p>Think of it as a special box where you store important things so they are safe and sound. You continue to control and live in your home, for example, without having to sell it to pay for care. This safety net ensures your family’s future financial well-being.</p>



<p>The benefits are straightforward:</p>



<ul class="wp-block-list">
<li><strong>Qualify for Medicaid:</strong> Obtain Medicaid for long-term care without losing your property.</li>



<li><strong>Protect Important Assets:</strong> Safeguard your home or savings for your heirs.</li>



<li><strong>Peace of Mind:</strong> Know that high medical costs won’t force your family to sell assets.</li>
</ul>



<p>Staying informed about how MAPTs work helps you make smart decisions about your future. It’s about protecting what you love and providing relief if big healthcare expenses pop up. This basic understanding can lead to better security for your whole family.</p>



<h2 class="wp-block-heading" id="h-key-benefits-of-using-mapts-for-families">Key Benefits of Using MAPTs for Families</h2>



<p>The reasons families embrace MAPTs are clear. Protecting assets while qualifying for Medicaid brings security and relief. Let’s dig into some of the key perks families can enjoy from using these kinds of trusts.</p>



<ul class="wp-block-list">
<li><strong>Asset Preservation: </strong>MAPTs help keep cherished family properties or savings intact. If Medicaid helps with care, you don’t have to fear losing the family home.</li>



<li><strong>Financial Relief: </strong>Stress from financial burdens can be reduced, knowing that your assets remain protected. This relief allows families to focus on caregiving rather than finances.</li>



<li><strong>Estate Planning Integration:</strong> MAPTs work well with other estate planning tools like wills or living trusts. This integration strengthens your overall plan, ensuring all components work together smoothly.</li>



<li><strong>Security for Heirs:</strong> A family’s future is better protected when assets are preserved. Your heirs benefit from what you’ve safeguarded over the years, continuing your legacy.</li>
</ul>



<p>Focusing on these benefits can help families navigate the challenges of aging more easily. Protecting assets while ensuring eligibility for essential services is a smart move for many who want to secure their family’s future. It’s about finding a path forward that makes sense for you and your loved ones.</p>



<h2 class="wp-block-heading" id="h-how-mapts-integrate-with-estate-planning">How MAPTs Integrate with Estate Planning</h2>



<p>Medicaid Asset Protection Trusts are not standalone. They work together with other parts of estate planning to give a solid foundation for your family’s future. A well-rounded plan includes more than just protecting assets; it involves creating a roadmap for your loved ones.</p>



<p>Imagine planning a vacation. You wouldn’t just book a hotel and nothing else, right? You plan your itinerary, find attractions, and set a budget. Similarly, a MAPT functions as part of a broader estate plan that may include:</p>



<ul class="wp-block-list">
<li>Wills ensuring your belongings go to the right people.</li>



<li>Trusts securing financial assets beyond those in MAPTs.</li>



<li>Powers of Attorney appointing someone to make decisions if you can’t.</li>



<li>Living Wills and Medical Directives outlining healthcare wishes.</li>
</ul>



<p>Using MAPTs in combination with these tools ensures that all aspects of your estate and health plans work together seamlessly. This harmony helps preserve your property’s value, supports your wishes, and gives detailed instructions if anything were to happen to you.&nbsp;</p>



<p>Integrating these components allows families to navigate the future with confidence, knowing plans are in place for every scenario.</p>



<h2 class="wp-block-heading" id="h-steps-to-set-up-a-medicaid-asset-protection-trust">Steps to Set Up a Medicaid Asset Protection Trust</h2>



<p>Setting up a Medicaid Asset Protection Trust can be a straightforward process with the right guidance. Here’s how you can begin securing your family’s future:</p>



<ul class="wp-block-list">
<li><strong>Meet with an Estate Planning Attorney: </strong>Find an expert to guide you through the process. This step ensures all legal aspects are covered. The right attorney will understand your needs and help craft a plan that matches your goals.</li>



<li><strong>Choose the Assets to Protect:</strong> Decide which items or properties you want to include in the trust. This might be your home, savings, or other valuable possessions.</li>



<li><strong>Name Your Trustees and Beneficiaries: </strong>Select someone you trust to manage the assets. The beneficiaries will be those who inherit the assets after you’ve passed away.</li>



<li><strong>Draft the Trust Document: </strong>Write the trust document with your attorney. This legal paperwork outlines how the trust works and protects your decisions.</li>



<li><strong>Transfer Titles to the Trust: </strong>Legally transfer ownership of chosen assets to the trust. This step ensures they are protected under the trust’s umbrella.</li>
</ul>



<p>Completing these steps lays a strong foundation for a secure financial future for you and your family. It helps ensure that when you need care, your assets remain safe, and your family’s needs are cared for.</p>



<h2 class="wp-block-heading" id="h-conclusion">Conclusion</h2>



<p>Understanding Medicaid Asset Protection Trusts and how they work with your overall estate plan is the smart way to safeguard your family’s future. These trusts protect your valuable assets, offering peace of mind knowing you can afford care without risking everything you own.&nbsp;</p>



<p>By integrating MAPTs into a complete estate plan, you ensure all aspects of your legacy align smoothly, from providing for heirs to defining health care decisions. When you protect your assets, you keep family memories alive, like that cherished cabin or life savings. A carefully crafted plan avoids breaking what you’ve built over a lifetime.</p>



<p>To protect your family’s future with <a href="https://www.estatesminnesota.com/wills-trusts/">Medicaid Asset Protection Trusts</a>, contact the Law Office of Neil Thompson. We’ll help you build a plan so you feel secure and confident moving forward. Contact us today to start planning your path to a safe and worry-free future.</p>



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                <title><![CDATA[Seniors Receive Increased Protection From Financial Abuse In The Economic Growth, Regulatory Relief, And Consumer Protection Act]]></title>
                <link>https://www.estatesminnesota.com/blog/seniors-receive-increased-protection-from-financial-abuse-in-the-economic-growth-regulatory-relief-and-consumer-protection-act/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/seniors-receive-increased-protection-from-financial-abuse-in-the-economic-growth-regulatory-relief-and-consumer-protection-act/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 22 Sep 2021 05:00:14 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>The Economic Growth, Regulatory Relief, and Consumer Protection Act provides seniors with more protection from financial abuse. The Act contains a section that was once a stand-alone bill from Sen. Susan Collins (R-Maine) which is designed to encourage the reporting of elder (age 65 and older) financial abuse witnessed by financial institutions. The Act does&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The Economic Growth, Regulatory Relief, and Consumer Protection Act provides seniors with more protection from financial abuse. The Act contains a section that was once a stand-alone bill from Sen. Susan Collins (R-Maine) which is designed to encourage the reporting of elder (age 65 and older) financial abuse witnessed by financial institutions. The Act does not mandate that these institutions report financial abuse directed towards elders to avoid penalties, rather it gives them an incentive to do so. The Act provides immunity from any lawsuit alleging elder financial abuse if the financial institution reports it to state or federal law enforcement agents. To qualify for immunity, a financial institution has to create and administer a training program for employees to teach the employees how to spot elder financial abuse. This Act provides immunity to financial institutions because they are often the first to witness elderly clients making unusual transactions that may be linked to a scam.</p>



<p>The Act was inspired by the Senior$afe program in Maine. Senior$afe encourages state regulators, financial institutions, and legal organizations to work together on educating banking and credit union workers to spot and stop elder financial abuse. When elders have a trusted third party to talk to about their finances, they are less likely to fall victim to elder financial abuse, and this program has found success in reducing the number of elders who fall victim to these scams.</p>



<p>However, this isn’t an entirely new idea. In 2016, the Consumer Financial Protection Bureau (CFPB) issued a <a href="/wp-content/uploads/sites/242/2023/05/082016_cfpb_Networks_Study_Report.pdf" target="_blank" rel="noopener noreferrer"></a><a href="https://s3.amazonaws.com/files.consumerfinance.gov/f/documents/082016_cfpb_Networks_Study_Report.pdf" target="_blank" rel="noreferrer noopener">report</a> that found how reporting elder financial abuse has already become a respected norm in hundreds of counties around the country. The report found that these counties created voluntary community-based partnerships to prevent, detect, and respond to elder financial abuse situations. These partnerships often include entities such as financial institutions, adult protective services, and law enforcement. The CFPB found that these partnerships can be incredibly effective in protecting their elderly citizens. What’s more, in states without elder financial abuse protection laws, these community efforts have created a sense of responsibility within these counties to protect their most vulnerable from financial scams, without reward or threat of prosecution against financial institutions. Following this report, the CFPB released a resource guide and best practices to help and encourage other counties across the US to adopt their own protection partnerships. Among other recommendations, the CFPB encourages communities to directly include law enforcement and financial institutions in these partnerships. Financial institutions are often the first to spot these cases, and law enforcement has an obligation to investigate once a claim is made. Also, the CFPB recommends that partnerships that serve diverse areas engage with groups that are already entrenched in the community, such as service groups or faith-based organizations.</p>



<p>Protecting our most vulnerable is important to providing a safe and prosperous society for all citizens. These community-based partnerships and the Economic Growth, Regulatory Relief, and Consumer Protection Act are both steps in the right direction towards protecting those who aren’t able to protect themselves. If you have any questions about something you have read, please do not hesitate to contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Options For Senior Living Depend On The Level Of Care Needed]]></title>
                <link>https://www.estatesminnesota.com/blog/options-for-senior-living-depend-on-the-level-of-care-needed/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/options-for-senior-living-depend-on-the-level-of-care-needed/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 15 Sep 2021 05:00:27 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>As we grow older, senior living options vary widely based on what level of care is required. Available options are tied to the resources a senior has to cover living costs, and vary widely in cost, assistance, and care provided. In addition to budget considerations, seniors must also realistically consider the needs they have and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>As we grow older, senior living options vary widely based on what level of care is required. Available options are tied to the resources a senior has to cover living costs, and vary widely in cost, assistance, and care provided. In addition to budget considerations, seniors must also realistically consider the needs they have and what senior living option best fits those needs.</p>



<h2 class="wp-block-heading" id="h-nursing-homes">Nursing Homes</h2>



<p>Nursing homes, or skilled nursing facilities, are one option for senior living. These facilities are for seniors who can no longer live independently. They provide care for seniors with illnesses or mental conditions that cause them to require monitoring and medical care on a full-time basis. For example, many nursing home patients have dementia, are confined to a wheelchair, or spend most of their time in bed. Their conditions require that medical attention be available around the clock.</p>



<p>Nursing homes also provide the option for short-term care, where patients come and stay for a limited time after major medical events such as strokes or heart attacks. In these facilities, the residents generally live in semi-private rooms and all meals are provided. Medicare may help cover the cost of skilled nursing facilities, assuming the resident meets certain financial requirements. Long-term care insurance may also pay for nursing home care. Otherwise, a nursing home resident pays privately, which can often bring financial hardship to the family. As a result, many families work with an elder law attorney to discuss care options as well as payment options for that care.</p>



<h2 class="wp-block-heading" id="h-assisted-living-facilities">Assisted Living Facilities</h2>



<p>Another option for senior living is assisted living facilities. These facilities are ideal for seniors who are still independent but may need some assistance with activities of daily living, as well as meals, cleaning, or other daily self-care tasks. These facilities usually offer a more private living conditions. Since residents may be fairly independent, assisted living facilities are an appealing option because they often offer a variety of activities and opportunities for seniors to interact with one another and to stay active. Assisted living facilities are generally paid for privately with a few exceptions, including long-term care insurance or partial assistance from Medicaid.</p>



<h2 class="wp-block-heading" id="h-independent-living-communities">Independent Living Communities</h2>



<p>An independent living community is another viable option for senior living. These communities are for independent, active seniors who enjoy the idea of living in a community. Independent living communities are much like living in a condo or as a part of a community with an HOA. Often maintenance, housekeeping, and landscaping are part of what is included with living in these retirement communities. Many seniors choose this type of community when they are no longer able or no longer wish to maintain a home. The housing options for independent living communities range from detached homes to apartments. Another benefit of retirement communities is the wide range of amenities and activities available. Seniors are often lonely and living among other seniors can provide friendship and companionship. Residents in independent living communities pay privately, and the cost varies from one community to another.</p>



<h2 class="wp-block-heading" id="h-memory-care">Memory Care</h2>



<p>Memory care facilities provide a more specialized senior living option for seniors who have serious cognitive impairments, such as Alzheimer’s or dementia. These facilities are much like assisted living facilities but cater to cognitive impairments. They may even be a specialized part of an existing assisted living facility. The staff at memory care facilities have specialized training that helps them better assist residents with cognitive impairments. They are often planned intuitively to help patients who may become easily disoriented. These facilities also give extra consideration to security for residents who may wander due to their cognitive impairment. If a senior needs this kind of care, it is important to plan and look for facilities that provide it ahead of time.</p>



<p>Senior living options vary greatly in care and cost. It is important that seniors have conversations with their families about the needs they have or may have in the future, as well as the cost of the type of care they wish to have. The earlier the planning begins, the better off the senior and the family will be when the time comes to seek alternative living options. This planning should be a part of the overall legal and financial plan of the senior.</p>



<p>If you have any questions about something you have read or would like additional information, please feel free to contact us at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[The FDA Approves New Alzheimer’s Drug]]></title>
                <link>https://www.estatesminnesota.com/blog/the-fda-approves-new-alzheimers-drug/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/the-fda-approves-new-alzheimers-drug/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 08 Sep 2021 05:00:33 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>The US Food and Drug Administration (FDA) recently approved a new drug under the trademark Aduhelm™ to treat Alzheimer’s disease. The drug, Aducanumab, is a therapeutic drug that clinically demonstrates a potential to delay further decline from Alzheimer’s disease and is also the first FDA approval for a drug that does more than address the&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The US Food and Drug Administration (FDA) recently approved a new drug under the trademark Aduhelm™ to treat Alzheimer’s disease. The drug, Aducanumab, is a therapeutic drug that clinically demonstrates a potential to delay further decline from Alzheimer’s disease and is also the first FDA approval for a drug that does more than address the symptoms. This drug therapy can target the fundamental pathophysiology of Alzheimer’s disease. In clinical studies, Aducanumab demonstrates an ability to remove amyloid plaque from the brain, delaying the disease’s progression.</p>



<h2 class="wp-block-heading" id="h-understanding-aducanumab-for-treat-alzheimer-s-disease-patients">Understanding Aducanumab For Treat Alzheimer’s Disease Patients</h2>



<p>Multi-national pharmaceutical company Biogen (Corporate Headquarters Cambridge, MA International Headquarters in Baar, Switzerland) has been researching and developing approaches to treat Alzheimer’s patients for over a decade, according to CEO Michel Vounatsos. The hope is this drug can help those diagnosed with the disease in its earlier stages and can quell the ever-increasing number of Americans suffering from the disease, a number that now stands at 6.2 million. While not a cure, Aduhelm™ is a significant advancement in the treatment of the disease. Further clinical testing must be done on people with more advanced cases of dementia to qualify its effectiveness.</p>



<p>To date, Alzheimer’s disease is an irreversible, progressive brain disorder. The disease slowly attacks thinking and memory capabilities and is characterized by a build-up of amyloid plaque and neurofibrillary (tau) tangles resulting in the loss of neurons and connections. Aducanumab is the first drug to receive FDA approval that may slow the damage occurring in the brain.</p>



<h2 class="wp-block-heading" id="h-the-effects-of-aducanumab-for-treat-alzheimer-s-disease">The Effects Of Aducanumab For Treat Alzheimer’s Disease</h2>



<p>Like all drugs, Aduhelm™ comes with FDA warnings that include a host of side effects, many of which fall under the umbrella of amyloid-related imaging abnormalities (ARIA). ARIA can include vasogenic edema. Vasogenic is an extracellular fluid accumulation due to disruption of the blood-brain barrier and edema being swelling due to this fluid accumulation. Other more readily understood side-effects may include headache, diarrhea, fall, and altered mental status such as delirium/confusion/disorientation.</p>



<p>Because the FDA’s approval of Aduhelm™ used the accelerated approval provisions, Biogen must conduct newly randomized, clinically controlled trials to verify the drug’s benefit further. Should the drug fail in these trials, the FDA reserves the right to withdraw approval of the drug.</p>



<h2 class="wp-block-heading" id="h-understanding-the-cost-of-aducanumab">Understanding The Cost Of Aducanumab</h2>



<p>Biogen and its investors expect Aduhelm™ to generate billions of dollars in revenue for the company. Aducanumab’s list price is 56,000 dollars per year. While some analysts expected the price range to be 10,000 to 25,000 dollars, Biogen defends its pricing model, citing billions spent in research to bring the drug to market. Pushback from patients regarding the cost of the drug gets lost in the typical “out-of-pocket cost to patients is health care coverage dependent.” CEO Vounatsos also cites that Alzheimer’s disease and other dementias cost the US more than 600 billion dollars annually and cost patients 500,000 per year. Insisting the time to “invest” in Alzheimer’s drug therapy is now.</p>



<p>In a CNBC interview, Biogen’s Vounatsos defends the drug pricing calling it “fair” as Biogen has experienced “two decades of no innovation” in research for Alzheimer’s drug therapies until now. The CEO further elaborated, promising that the drug price of Aduhelm™ would not increase for the next four years. Biogen works closely with federal CMS programs, Medicare and Medicaid, and private medical insurance companies to keep patient out-of-pocket costs as reasonable as possible.</p>



<p>The FDA’s accelerated approval process and the exorbitant cost of Aduhelm™ seem to be overlooked as Alzheimer’s patient groups are desperate for treatments. Even before the drug’s release, the NYT <a href="https://www.nytimes.com/2021/06/05/health/alzheimers-aducanumab-fda.html" target="_blank" rel="noreferrer noopener">reports</a> the FDA’s independent advisory committee and several prominent Alzheimer’s experts were not for greenlighting the drug last November. The independent FDA committee overwhelmingly voted against recommending the fast track approval saying, “data failed to demonstrate that aducanumab slowed cognitive decline.”</p>



<p>Aducanumab may provide significant therapeutic advantages over existing treatments, but much is still to be understood. Alzheimer’s is a devastating illness that destroys the lives of the people diagnosed with the disease and the families who love and care for them. The impact is physically, emotionally, and financially draining on many levels. Treating the underlying disease process of Alzheimer’s with Aduhelm™ rather than just the symptoms is a promising step in eradicating the disease.</p>



<p>If you or a family member has dementia and would like to discuss how this may affect your estate plan (or if you need to create an estate plan), please give us a call. Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters. We’d be honored to help.</p>
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                <title><![CDATA[You’re Appointed Trustee, Now What?]]></title>
                <link>https://www.estatesminnesota.com/blog/youre-appointed-trustee-now-what/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/youre-appointed-trustee-now-what/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 01 Sep 2021 05:00:34 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>A friend of yours, Rose, has asked you to be the trustee of her trust. You want to help, but you’re concerned about all that responsibility. You would be managing Rose’s property for her and for others whom she names as beneficiaries. You might be paying her bills and taxes, overseeing bank accounts, making investments,&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>A friend of yours, Rose, has asked you to be the trustee of her trust. You want to help, but you’re concerned about all that responsibility. You would be managing Rose’s property for her and for others whom she names as beneficiaries. You might be paying her bills and taxes, overseeing bank accounts, making investments, collecting rent or unpaid debts, getting insurance if needed, and doing whatever else the trust directs you to do. People named as trustees are considered in law as “fiduciaries.” “Fiduciary” stems from the Latin for “trust.” To merit that trust, you must act in Rose’s best interests, to the highest ethical standards of good faith and honesty.</p>



<p>It is a lot of responsibility, but the government is here to help. The Consumer Financial Protection Board (CFPB) has issued a guide: “Managing Someone Else’s Money: Help for Trustees Under a Revocable Trust.” Download your free guide here.</p>



<p><a href="https://www.consumerfinance.gov/consumer-tools/managing-someone-elses-money/trustee-guides/" target="_blank" rel="noopener noreferrer">https://www.consumerfinance.gov/consumer-tools/managing-someone-elses-money/trustee-guides/</a></p>



<p>The leaflet emphasizes the need to document everything you do. It lists your duties, provides contact information for helpful agencies, and includes advice about what to do if you fear Rose is being exploited.</p>



<p>There is significant work to be done as a trustee, but if you need help managing your duties, the leaflet encourages you to consult professionals like lawyers and CPAs, or a range of government agencies. You can also obtain “errors and omissions” insurance to cover you in case you make a mistake.</p>



<p>The person who has asked you to serve in this important role has faith in you, appreciates your ability to get along with people, and believes you can do the job. That is an honor. On the other hand, before you accept, it would be wise to go into this experience with your eyes open, to make sure you’re willing and able to accept the responsibility.</p>



<p>Consult the leaflet first, to familiarize yourself with what is being asked of you. If you have additional questions, we are here to help! Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[How Does A Special Needs Trust Work?]]></title>
                <link>https://www.estatesminnesota.com/blog/how-does-a-special-needs-trust-work/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/how-does-a-special-needs-trust-work/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 25 Aug 2021 05:00:36 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>A trust is set up to manage a person’s assets and property, and this trust is overseen by an appointed person. The person or entity who manages the trust is known as the “trustee” and is entrusted with the responsibility of making decisions in the best interest of the person who benefits from the trust,&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>A trust is set up to manage a person’s assets and property, and this trust is overseen by an appointed person. The person or entity who manages the trust is known as the “trustee” and is entrusted with the responsibility of making decisions in the best interest of the person who benefits from the trust, known as the beneficiary. Trusts are advantageous because they provide the ability to place conditions on how and when your assets will be distributed when you die, reduce estate and gift taxes, and allow you to skip the lengthy and expensive probate process.</p>



<p>Special needs trusts are a class of trusts made specifically for the benefit of those with physical and/or mental disabilities. These differ from the typical trust due to the special conditions that often need to be in place to accommodate the specific needs and lifestyle of the beneficiary of a special needs trust. Another one of the main reasons for having this type of trust is to ensure the beneficiary does not render him/herself ineligible for government benefits due to an increase in assets.</p>



<p>Choosing the right trustee for a special needs trust is extremely important and the trustee must be someone you are certain will act in the beneficiary’s best interest after your death. Often, this takes place in the form of a trusted family member who knows the beneficiary and his/her needs. However, if your situation doesn’t allow for this, the court will appoint a third party to manage the trust according to your written wishes.</p>



<p>One of the important features of a special needs trust is that the assets in the trust will not be counted toward asset thresholds contained in government programs such as Supplemental Security Income (SSI) and Medicaid. The trustee has complete control over the assets in the trust, instead of the beneficiary. For this reason, government programs such as SSI and Medicaid ignore assets in a trust when determining eligibility. Many people are unaware of this and make the mistake of distributing their assets to a loved one with special needs through a will. This could cause them to exceed the asset limits for SSI and/or Medicaid, thus losing their benefits from these programs.</p>



<p>Special needs trust may also be set up to take the proceeds from a legal settlement on behalf of the person with special needs. This is important for the same reason as mentioned earlier, to ensure a windfall does not preclude the beneficiary from receiving government benefits. Also, in the event, the person with special needs is the one being sued, the funds in the special needs trust are protected from being paid out in damages.</p>



<p>Even if you believe your loved one with special needs will never need government benefits, it is still prudent to consider a special needs trust. Special needs trusts can provide for the unique and specific needs of the beneficiary in ways that other types of trusts cannot. Further, you never know what may happen in the future, especially when you’re no longer around. It may turn out that your loved one needs these government benefits one day and they’ll be glad you provided them this option.</p>



<p>Special needs trusts are an excellent vehicle to ensure your loved one with special needs is taken care of in the event of your passing. However, they can be difficult to set up and it is advised that you consult an elder law attorney who will be able to examine your specific situation and make sure your loved one is taken care of for years to come. If you would like to speak with an attorney regarding your situation or have questions about something you have read, please do not hesitate to contact us at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[A Source Of Comfort And Peace For Your Family – A Letter Of Intent]]></title>
                <link>https://www.estatesminnesota.com/blog/a-source-of-comfort-and-peace-for-your-family-a-letter-of-intent/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/a-source-of-comfort-and-peace-for-your-family-a-letter-of-intent/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 18 Aug 2021 05:00:36 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>A letter of intent (LOI), also referred to as a letter of instruction, communicates important information to your loved ones that may not be covered in the general estate planning documents. Your LOI is a valuable piece in your estate planning, and although it is an informal letter, it can more fully represent your intentions&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>A letter of intent (<a href="https://www.investopedia.com/terms/l/letterofintent.asp" target="_blank" rel="noopener noreferrer">LOI</a>), also referred to as a letter of instruction, communicates important information to your loved ones that may not be covered in the general estate planning documents. Your LOI is a valuable piece in your estate planning, and although it is an informal letter, it can more fully represent your intentions after you die. Everyone knows they need to make a will, but this lesser-known document can also be a crucial estate planning tool.</p>



<h2 class="wp-block-heading">What Is A Letter Of Intent?</h2>



<p>The letter itself has no legal standing, so it can’t supersede a will. Still, a letter of intent, also called a letter of instruction, can be of enormous practical and emotional value to your loved ones. A letter of intent conveys essential information about personal and financial matters in combination with your will. Since letters of intent are not legally binding and do not replace a will or trust, they are not a requirement; however, they are an excellent complement to those legal documents.</p>



<p>A parent may write an LOI to express their hopes and dreams for their children in detail if both parents die, mainly when their children are still minors. An LOI often influences family court judge’s decision-making concerning children. Particularly, if you have a child with special needs, an LOI can outline how to help create a more stable world for your child’s future challenges. The letter may outline a child’s current needs and routines and any aspirations the parents have of their future employment, relationships, and independence of living under the oversight of a named guardian in the parents’ wills. It is crucial to have an estate planning attorney review any LOI in the circumstances of minor children to ensure it echoes the same structure and sentiments of your will.</p>



<p>Drafting a letter of intent is also for more general purposes, guiding your family to understand your intentions after you are gone. For instance, you may want to include funeral and burial arrangement information in your LOI. Outline whatever plans you have regarding the type of viewing and funeral service you prefer, if any. Include whether you desire cremation or burial. Your letter of intent may include who you want to officiate your funeral service and include special touches like seating arrangements for family, specific religious passages, and music selections. You can also request your family members inform people of your passing by providing their names and contact information in a list.</p>



<h2 class="wp-block-heading">What Does A Letter Of Intent Include?</h2>



<p>A letter of intent is ideal for leaving information about bank accounts, personal assets, and any hidden stashes of cash or precious metals. For bank accounts and the like, please list the names and contact information of the professionals familiar with your accounts to help your family locate them. Remember to include the physical location of all relevant documents such as your will, trust documents, titles, deeds, insurance cards, driver’s license, birth certificate, marriage license, divorce documents, military paperwork, social security card, passport, mortgages, and outstanding debt. It is better to include too much information rather than too little. Your family needs as much data as possible to piece together the details of your estate.</p>



<p>Do not forget to include relevant digital information in your LOI. Much of our lives now reside online; therefore, leaving access information to your digital assets is very important. Include login URLs for digital accounts such as cryptocurrency, email, social media, income-producing storefronts, or influencer accounts, and the devices themselves such as smartphones, tablets, and laptops or PCs. Provide user names and passwords, PINS, and account numbers for each account. Make plans to gift these devices if you desire and list which individual receives which device.</p>



<p>Your personal items, particularly sentimental ones, may become a source of contention among your loved ones. Whether jewelry, artwork, fine china, or other valuable collectibles, it is best to sort out to whom these items will go and include that list in your letter of intent. You may also include wishes for the care of any surviving pets you might leave behind. Your letter is your final opportunity to include personal statements about your property division and your hopes and wishes for the future to individual family members.</p>



<p>Make sure that your letter of intent does not contradict your existing estate plan. Your LOI may be changed whenever you prefer throughout your lifetime, and it is good to revisit its contents as you accumulate more assets and should your feelings change as to who shall receive what. It is helpful to provide the most current copy of your LOI to your executor and your attorney. A thoughtful LOI can be an authentic source of comfort and peace to your family during their time of grief. If there is a disparity in your bequests, a letter of intent can help your family come to terms with your decision-making process and help loved ones move forward.</p>



<p>If you would like to discuss creating your estate plan or LOI, please give us a call. Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a>. We would be honored to assist you!</p>
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                <title><![CDATA[A Guide For Understanding How Pet Trusts Work]]></title>
                <link>https://www.estatesminnesota.com/blog/a-guide-for-understanding-how-pet-trusts-work/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/a-guide-for-understanding-how-pet-trusts-work/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 11 Aug 2021 05:00:32 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Hotel heiress Leona Helmsley left a trust fund for her Maltese dog named “Trouble” to the tune of $12 million dollars in 2007. Unfortunately, pet inheritances ever since have enjoyed a dubious reputation. The Value Of An Animal Trust For Your Pet For those who care about the well-being of their animals or livestock, animal&hellip;</p>
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                <content:encoded><![CDATA[
<p>Hotel heiress Leona Helmsley left a trust fund for her Maltese dog named “Trouble” to the tune of $12 million dollars in 2007. Unfortunately, pet inheritances ever since have enjoyed a dubious reputation.</p>



<h2 class="wp-block-heading" id="h-the-value-of-an-animal-trust-for-your-pet">The Value Of An Animal Trust For Your Pet</h2>



<p>For those who care about the well-being of their animals or livestock, animal trusts can play an essential role in ensuring that the animals get the care they need after the principal caregiver passes. After all, estate planning aims to provide for the family, and many of us consider animals as part of the family. Trusts can ensure that money is put aside to care for animals when the animal’s primary human is no longer there. This legal document is significant for long-lived animals like parrots, horses, or tortoises.</p>



<p>Because trusts avoid the probate process, there is no delay in the continuity of care. Trusts also surmount another obstacle by creating a legal entity to receive money. This document is necessary because money or life insurance proceeds cannot be left directly to an animal.</p>



<h2 class="wp-block-heading" id="h-what-can-a-pet-trust-designate">What Can A Pet Trust Designate?</h2>



<p>A trust can appoint a caregiver to provide a home, name a trustee to manage the money, and state animal care instructions. These instructions may supply essential information about the animal’s diet, preferred veterinarian, and, for example, farrier.</p>



<p>Here are the elements that go into a pet trust.</p>



<ul class="wp-block-list">
<li>Carefully consider whom to appoint a caregiver. Ideally, name several people as backups with whom you have discussed the proposal beforehand. Leona Helmsley unwisely named unwilling family members.</li>



<li>Describe your animals as a “class” if you own several, or you can specify your animals by name or photo, or microchip number.</li>



<li>Provide details for the care the animals need, including diet, medical attention, and maintenance schedule.</li>



<li>Allocate reasonable funds to pay for your pet’s care. “Reasonable” doesn’t mean $12 million. The Helmsley judge reduced that amount to a paltry $2 million to maintain Trouble in the manner she had become accustomed to until she went to her final reward in 2011 at age 12.</li>



<li>Itemize bloodlines for prize livestock or horses. Valuing them correctly can make a big difference in the worth of an estate.</li>



<li>If you have taken out loans to finance the purchase of a herd, identify whether you got credit for specific purchases or blanket financing for all stock purchases. Those debts will need to be settled before any of your human heirs can inherit.</li>



<li>Provide instructions for the disposition of your pet’s remains.</li>



<li>Designate where funds should go if there is money left over after the animal passes.</li>
</ul>



<p>When appropriately drafted with the help of an attorney, pet trusts can save significant money and time. And, your estate plan will provide the care you want for everybody you leave behind – your family and your animals.</p>



<p>If you’re interested in learning more about pet trusts or discussing your estate planning needs, please don’t hesitate to reach out. We would be happy to help. Please contact us at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Make Sure Your End-Of-Life Wishes Are Followed By Preparing A Power-Of-Attorney]]></title>
                <link>https://www.estatesminnesota.com/blog/make-sure-your-end-of-life-wishes-are-followed-by-preparing-a-power-of-attorney/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/make-sure-your-end-of-life-wishes-are-followed-by-preparing-a-power-of-attorney/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 04 Aug 2021 05:00:37 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Attorney’s prepare powers-of-attorney documents for clients in order to communicate their wishes and delegate an entrusted person to make decisions on the clients’ behalf when their clients no longer can. But when it comes to actually using those documents at the time of a healthcare crisis, clear and powerful documents are just the beginning. The&hellip;</p>
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                <content:encoded><![CDATA[
<p>Attorney’s prepare powers-of-attorney documents for clients in order to communicate their wishes and delegate an entrusted person to make decisions on the clients’ behalf when their clients no longer can. But when it comes to actually using those documents at the time of a healthcare crisis, clear and powerful documents are just the beginning. The decision points can (and must) be put down on paper in advance, but when it comes to end-of-life situations, the clarity on which we lawyers thrive can be very hard to find.</p>



<p>Sitting in her lawyer’s office, the client may have been quite certain about health-care decisions. She does not want her life prolonged by a battery of aggressive treatments, where these would not preserve her quality of life. She does not want blood transfusions, dialysis, repeated courses of antibiotics and chemotherapy, cardiopulmonary resuscitation, or breathing and feeding tubes. She does not want to die inert in the ICU, surrounded by machines and strangers. She wants to die at home, surrounded by loved ones, at a time when she retains the presence of mind to make her peace.</p>



<p>But that goal doesn’t just happen from wishing it and stating it. It happens with additional careful preparation for the realities. As the end of life approaches, the clarity we lawyers enjoy can be elusive. When a person gets a prognosis of two to five years (maybe), where, along that continuum, would be the time to start declining aggressive treatment? When there’s always one more intervention that may (or may not) produce a good result? When one decision could create an ever-widening array of complications? When, step by step, the patient becomes less and less able to exercise autonomy, and where treatment decisions by caregivers are not in line with the care the patient was clear about when she was sitting in the lawyer’s office?</p>



<p>No matter how clear the powers-of-attorney documents, with all these imponderables, the patient can end up in a situation many miles away from what she wanted. And there’s no possible do-over.</p>



<p>Powerful and clear power-of-attorney documents are an essential first step and we lawyers are glad to take care of that part. Beyond that, though, thorough preparation is essential.</p>



<p><strong><em>Consider that the best result may be one that cares for comfort right now, in the moment</em></strong>. The question is not necessarily about how long life can be prolonged. The question may be, rather, how comfort can be maintained – at this moment, and then the next moment, and the next. The question is how life can be made better right now. Watch a video by palliative-care physician B.J. Miller, on why this is so important, here.</p>



<p><a href="https://www.ted.com/talks/bj_miller_what_really_matters_at_the_end_of_life?language=en#t-81082" target="_blank" rel="noopener noreferrer">https://www.ted.com/talks/bj_miller_what_really_matters_at_the_end_of_life?language=en#t-81082</a></p>



<p><strong><em>Make concrete plans</em></strong>. These include specifying what you want to happen if you’re no longer able to live independently; choosing wisely whom you want to act for you, to make sure your plans will be followed; being ready with your health-care documents before you find yourself deposited in the emergency room or ICU; and seeking the reassurance that your loved ones will be cared for when you’re no longer there. Judy MacDonald Johnson has prepared simple, forthright worksheets to help with this process, <a href="http://www.goodendoflife.com/worksheets/" target="_blank" rel="noopener noreferrer">here</a>. She speaks about these worksheets in this <a href="https://www.ted.com/talks/judy_macdonald_johnston_prepare_for_a_good_end_of_life?language=en#t-156378" target="_blank" rel="noopener noreferrer">moving video</a>.</p>



<p>There is no doubt that the process of safeguarding the quality of life at the end of it is possibly the most challenging of all. But if that process can create as much pleasure as possible through an extremely difficult time of life, and if forthrightly engaging in that process would facilitate a passing more in line with what we would envision, the worth of the process will be felt. The transition will be smoother and more meaningful for the dying person, and a kinder legacy will be left behind for those who accompany us on this journey.</p>



<p>Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Military Benefits That Could Help You]]></title>
                <link>https://www.estatesminnesota.com/blog/military-benefits-that-could-help-you/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/military-benefits-that-could-help-you/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 28 Jul 2021 05:00:38 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Veterans have several educational and health care benefits offered through the Tricare and GI Bill by The US Department of Veterans. Even with these programs that help veterans and their families, other little-known services can improve their lives and ease the financial burden of medical care and other expenses. Check your veteran status to see&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Veterans have several educational and health care benefits offered through the Tricare and GI Bill by The US Department of Veterans. Even with these programs that help veterans and their families, other little-known services can improve their lives and ease the financial burden of medical care and other expenses. Check your veteran status to see if you qualify for the following <a href="https://militarybenefits.info/10-veterans-benefits-you-may-not-know-about/" target="_blank" rel="noopener noreferrer">ten benefits</a>:</p>



<h2 class="wp-block-heading">Long-Term Care</h2>



<p>It is well documented that long-term care is expensive, but it is often necessary to provide aging relatives. Through the <a href="https://militarybenefits.info/aid-and-attendance/" target="_blank" rel="noopener noreferrer">Aid and Attendance</a> program, many veterans can receive money that covers the cost of assisted living programs, nursing homes, and other long-term care facility options. Currently, couples can receive up to $25,020 annually, which can defray a significant portion of the costs associated with long-term care. A veteran’s surviving spouse is also eligible to receive up to $13,560 annually to cover their long-term care costs.</p>



<h2 class="wp-block-heading">Caregiver Support</h2>



<p>Suppose you decide to provide care for your ailing veteran at home, then check into the Veterans Affairs <a href="https://militarybenefits.info/caregivers-disabled-veterans/" target="_blank" rel="noopener noreferrer">Caregiver Support </a> program. While the program does not offer monetary support, it does give the caregivers a no-cost support line and a caregiver support coordinator who can provide invaluable information when navigating military benefits and learning stress-reducing techniques while caregiving.</p>



<h2 class="wp-block-heading">Death Benefits</h2>



<p><a href="https://www.cem.va.gov/cem/burial_benefits/index.asp" target="_blank" rel="noopener noreferrer">Burial benefits</a> for veterans provide a family with a way to open and close the gravesite of their loved one in any of the 148 national cemeteries with available space and provide perpetual gravesite care at no cost. Additionally, the program provides a government headstone or marker, a burial flag, and a Presidential Memorial Certificate.</p>



<h2 class="wp-block-heading">Non-College Degree Certificates And Programs</h2>



<p>Many veterans are looking for jobs to increase their income or boost their retirement savings. The GI bill can provide training certification courses and vocational training programs for emergency medical training, barber/beautician school, truck driving, HVAC repair, etc. The <a href="https://militarybenefits.info/vet-tec/" target="_blank" rel="noopener noreferrer">VET TEC</a> program offers other non-college degree programs with accelerated learning in coding boot camps and other associated information science programs and software training. There are also free <a href="https://militarybenefits.info/free-it-certification-veterans/" target="_blank" rel="noopener noreferrer">certification programs</a> in information technology for qualifying veterans.</p>



<h2 class="wp-block-heading">Free Tax Preparation Services</h2>



<p>Veterans and their families can use the free <a href="https://militarybenefits.info/free-tax-filing-preparation-services/" target="_blank" rel="noopener noreferrer">tax preparation</a> services available on military bases through the Volunteer Income Tax Assistance offices. The tax preparers in these offices have expertise working with the complex nature of military-related tax issues.</p>



<h2 class="wp-block-heading">GI Bill Credits Transfers</h2>



<p>As a veteran, if you have unused credits through the <a href="https://militarybenefits.info/forever-gi-bill/" target="_blank" rel="noopener noreferrer">GI Bill</a>, you may transfer them to your spouse or dependents. If you qualify for the service limits, then you can transfer the benefits.</p>



<h2 class="wp-block-heading">Life Insurance</h2>



<p>Traditional life insurance can be difficult for a veteran to get; this is particularly true in sustaining an injury during their time of service. The <a href="https://militarybenefits.info/servicemembers-group-life-insurance/" target="_blank" rel="noopener noreferrer">Servicemembers’ and Veterans’ Group, Life Insurance Program,</a>, can provide up to $400,000 in life insurance and offer competitive premium rates. To learn more, visit the <a href="https://www.va.gov/life-insurance/options-eligibility/vgli/" target="_blank" rel="noopener noreferrer">VA’s Group Life Insurance</a> website for servicemembers and veterans.</p>



<h2 class="wp-block-heading">Delinquent Mortgage Help</h2>



<p>Repayment assistance is available for veterans having trouble making their <a href="https://militarybenefits.info/va-loan-delinquency-assistance/" target="_blank" rel="noopener noreferrer">mortgage payments</a>. Some of the options available include special repayment plans, loan modification, and loan forbearance programs. There are also benefits for veterans with VA loans as well as for homeless veterans.</p>



<h2 class="wp-block-heading">VA Foreclosures</h2>



<p>Veterans can search the list of VA acquired properties and purchase these homes at a discount. The VA maintains this list of homes that are serviced through <a href="https://militarybenefits.info/5-benefits-va-loan/" target="_blank" rel="noopener noreferrer">VA Home Loans</a> and are in foreclosure. Although you do not have to be a veteran to search the property list, all qualify for VA financing.</p>



<h2 class="wp-block-heading">American Corporate Partners</h2>



<p>Veterans can connect their skill sets to job opportunities in top companies through <a href="https://www.acp-usa.org/" target="_blank" rel="noopener noreferrer">American Corporate Partners</a>. This service also provides one-on-one mentoring, interview coaching, resume assistance, and more. If you are looking to start a second career, this service can help you identify the best move for you.</p>



<p>Benefit opportunities for a veteran can make a big difference in lifestyle for themselves and their family members. Understanding the process of veteran qualification/eligibility and properly submitting paperwork for approval can be difficult to navigate. Identify the programs that can help your veteran and then contact an elder law attorney specializing in veterans’ benefits, like us. We would be honored to help. Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[A Personal Property Memorandum Avoids Misunderstandings]]></title>
                <link>https://www.estatesminnesota.com/blog/a-personal-property-memorandum-avoids-misunderstandings/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/a-personal-property-memorandum-avoids-misunderstandings/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 21 Jul 2021 05:00:35 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>When a family member has passed, the family sometimes ends up arguing over personal property. Arguments can take place over things like a coffee mug, a piece of jewelry, or a painting. These types of arguments can be eliminated by filling out a personal property memorandum and keeping it with your will or trust. A&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>When a family member has passed, the family sometimes ends up arguing over personal property. Arguments can take place over things like a coffee mug, a piece of jewelry, or a painting. These types of arguments can be eliminated by filling out a personal property memorandum and keeping it with your will or trust.</p>



<p>A personal property memorandum is designed to cover who should receive items owned that don’t have an official title record. Personal property includes furniture, jewelry, art, and other collections, as well as household items like china and silverware. Personal property memoranda may not include real estate or business interests, money and bank accounts, stocks or bonds, copyrights, and IOUs.</p>



<p>When writing your memorandum, it is best to keep things simple. Personal property memoranda generally resemble a list of items with the attached names of the inheritors. It can be handwritten or typed but should always be signed and dated.</p>



<p>All items should contain sufficient detail so that argument and confusion can be avoided. Complete contact information including address, phone, email, and a backup contact if possible should be included. Do not include items that you have already explicitly left in your will or trust.</p>



<p>The beauty of a separate list of personal items and their planned distribution is that if you later decide to change who receives what, you simply update your current list, or replace the list altogether. You can destroy an old record or maintain signature and dates on each of your personal property memoranda so that it is easy to identify your most current set of wishes.</p>



<p>A personal property memorandum for your tangible personal effects is a simple way to address how you want your personal property to be distributed. We would be happy to help you create a legal personal property memorandum along with any other estate planning documents you may need. Please contact us at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Who Will Inherit The Farm?]]></title>
                <link>https://www.estatesminnesota.com/blog/who-will-inherit-the-farm/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/who-will-inherit-the-farm/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 07 Jul 2021 05:00:41 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Imagine a pair of aging parents that have been farmers and own their farm. Now, though, they’re getting on in years and they’re considering moving into a smaller place. One of the daughters and her husband help run the farm, but the rest of the siblings have moved away and they aren’t interested in returning.&hellip;</p>
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                <content:encoded><![CDATA[
<p>Imagine a pair of aging parents that have been farmers and own their farm. Now, though, they’re getting on in years and they’re considering moving into a smaller place. One of the daughters and her husband help run the farm, but the rest of the siblings have moved away and they aren’t interested in returning. It’s now time to think about how the farm legacy should be worked out.</p>



<p>The first order of business is to plan the finances so the parents can enjoy a comfortable standard of living in their later years. They may need long-term care in the future, so they should consult an elder-law attorney about how to plan most effectively. If they don’t plan, they could lose the farm later to a lien, to reimburse the government if they end up needing Medicaid assistance.</p>



<p>Elder law attorneys can also advise about how to avoid problems if a parent re-marries after the first one passes. There’s no telling what can happen to the family property when one spouse is left lonely and finds someone else. Sometimes the results are terrible for family harmony.</p>



<p>Next, it’s necessary to allocate the value of the farm among all the children, so that each child is accounted for once the parents pass. This is by no means an easy process. For a transition plan to be successful, a great deal of planning, preparation, and communication is needed.</p>



<p>Here, it’s best to do some research. There are a host of useful publications that can guide the exploration. Kansas State University provides a <a href="https://bookstore.ksre.ksu.edu/pubs/mf3074.pdf" target="_blank" rel="noreferrer noopener">twelve-step analysis</a> of questions to be answered.</p>



<p>Farm Bureau Financial Services offers several <a href="https://www.fbfs.com/learning-center/what-you-need-to-know-about-farm-succession-planning" target="_blank" rel="noopener noreferrer">detailed guides </a> covering various aspects of the planning process.</p>



<p>The <a href="https://www.beginningfarmers.org/farm-succession/" target="_blank" rel="noopener noreferrer">Beginning Farmers website</a> is loaded with links to farm-succession courses, blogs, toolkits, farm management advice, and cooperative extension assistance in various states.</p>



<p>For real-life success stories, consult the Successful Farming website, here</p>



<p><a href="https://www.agriculture.com/farm-management/estate-planning/passing-down-the-farm-strategies-ideas-and-real-life-solutions" target="_blank" rel="noopener noreferrer">https://www.agriculture.com/farm-management/estate-planning/passing-down-the-farm-strategies-ideas-and-real-life-solutions</a></p>



<p>and here</p>



<p><a href="https://www.agriculture.com/farm-management/estate-planning/tips-on-designing-a-farm-succession-plan" target="_blank" rel="noopener noreferrer">https://www.agriculture.com/farm-management/estate-planning/tips-on-designing-a-farm-succession-plan</a></p>



<p>When you’re ready to start planning for your farm and other valuable property, we’ll be ready to help. Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Factors Identified To Play A Role In Alzheimer’s]]></title>
                <link>https://www.estatesminnesota.com/blog/factors-identified-to-play-a-role-in-alzheimers/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/factors-identified-to-play-a-role-in-alzheimers/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 30 Jun 2021 05:00:38 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Alzheimer’s disease is a type of dementia that triggers difficulties with memory, thinking, and behavior according to the Alzheimer’s Association. Symptoms usually develop slowly and get worse over time, becoming severe enough to interfere with daily tasks. Alzheimer’s affects a growing number of people. There are several factors known to play a role in Alzheimer’s.&hellip;</p>
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                <content:encoded><![CDATA[
<p>Alzheimer’s disease is a type of dementia that triggers difficulties with memory, thinking, and behavior according to the Alzheimer’s Association. Symptoms usually develop slowly and get worse over time, becoming severe enough to interfere with daily tasks. Alzheimer’s affects a growing number of people. There are several factors known to play a role in Alzheimer’s. Let’s look at these factors both positive and negative.</p>



<h2 class="wp-block-heading" id="h-age">Age</h2>



<p>Age is one of the biggest factors to consider when discussing Alzheimer’s disease. Symptoms generally begin for most after the age of 65. However, the proteins that damage the brain can begin taking a toll on the patient well before symptoms appear. The Alzheimer’s Association reports that after the age of 65, the risk of Alzheimer’s disease doubles every five years. Alzheimer’s disease is associated with old age, but early-onset Alzheimer’s disease occurs in some people, although it is less common.</p>



<h2 class="wp-block-heading" id="h-genetics">Genetics</h2>



<p>Another factor associated with Alzheimer’s disease is genetics. Although family history is not necessary for a person to develop Alzheimer’s, a person with a parent or a sibling with Alzheimer’s disease is at greater risk of developing the disease. If more than one first-degree relative (meaning a person’s parent, sibling, or child) has Alzheimer’s, the person is at even greater risk.</p>



<p>There are specific genes that can increase the risk of Alzheimer’s disease. If a person receives a gene from one parent they are at risk, and genes from both parents increase that risk. Although these genes can determine the risk of developing the disease they do not determine that a person will develop Alzheimer’s disease. In some rare cases, there are deterministic genes that guarantee a person will develop Alzheimer’s disease. There are genetic tests that can identify risk genes and deterministic genes for Alzheimer’s. A person can elect to have these tests to determine their risk for Alzheimer’s disease.</p>



<h2 class="wp-block-heading" id="h-lifestyle">Lifestyle</h2>



<p>Lifestyle can be a great factor in helping to prevent Alzheimer’s disease. Researchers have found that aspects of a healthy lifestyle can help to prevent Alzheimer’s disease. Healthy eating, exercise, and sleep are some lifestyle factors that can be preventative medicine for Alzheimer’s. Exercise can help to increase blood and oxygen flow in the brain and eating a heart-healthy diet also shows great benefit. In addition, strong social connections have been shown to be a preventative factor for Alzheimer’s disease. Remaining mentally active can also help to reduce the risk of Alzheimer’s. Lifestyle is one factor everyone has control over and can go a long way in slowing or preventing Alzheimer’s.</p>



<h2 class="wp-block-heading" id="h-other-factors">Other Factors</h2>



<p>There are other factors that can determine whether or not Alzheimer’s takes hold or not. Socioeconomic factors can determine whether Alzheimer’s takes hold. Recent research suggests that the more higher-level education a person has, the less likely that person is to develop Alzheimer’s. Head trauma earlier in life can put a person at greater risk for developing Alzheimer’s. Race and ethnicity have also been shown to play a role in risk for Alzheimer’s disease. African Americans and Hispanics are at a greater risk for Alzheimer’s disease according to research. Gender also plays a role in Alzheimer’s disease. Research indicates that because women are likely to live longer than men, they are also more likely to develop Alzheimer’s disease.</p>



<p>Although we know some of the factors associated with Alzheimer’s disease, there are still many mysteries surrounding it. There is no known cure for the disease and treatments can only slow the progression of Alzheimer’s. With this information, it is important to take control of the risk factors you are able to and be fully aware of early warning signs. Being armed with good information can help to slow or prevent Alzheimer’s from taking hold.</p>



<p>If you have any questions about something you have read or would like additional information, please feel free to contact us. Please contact us at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Ways To Finance In-Home Care]]></title>
                <link>https://www.estatesminnesota.com/blog/ways-to-finance-in-home-care/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/ways-to-finance-in-home-care/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 23 Jun 2021 05:00:40 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>In-home care is the preferred living arrangement for many aging seniors. However, many medical conditions and personal care needs as adults age can cause this to become more difficult due to cost. The cost of in-home care varies from place to place, but generally follows the cost of living. Places where the cost of living&hellip;</p>
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                <content:encoded><![CDATA[
<p>In-home care is the preferred living arrangement for many aging seniors. However, many medical conditions and personal care needs as adults age can cause this to become more difficult due to cost. The cost of in-home care varies from place to place, but generally follows the cost of living. Places where the cost of living is lower usually have lower costs for in-home care and the opposite is also true. In areas with a higher cost of living, in-home care is generally more expensive. Another challenge of paying for in-home care is the strict limitations on using Medicare and Medicaid to pay for in-home care. However, it is possible to pay for in-home care. Let’s look at some of the options.</p>



<h2 class="wp-block-heading" id="h-medicare-and-medicaid">Medicare And Medicaid</h2>



<p>Although these two options are more limited in the in-home care covered, there are occasions where they can be used to pay for in-home care. Medicare generally pays for in-home care services for a period of time and most often occurs for a time after a patient is discharged from a hospital or rehabilitation facility. Treatment generally would not be covered for a chronic condition. Medicaid rules vary from state to state but are often similar to Medicare. All programs cover short-term in-home care when the patient has an acute condition. Medicaid offers long-term coverage in some areas, but this is often limited to patients who are ill enough to qualify for nursing home coverage. This care must be provided by a Medicaid-certified care agency. With Medicaid, each state runs its program differently and coverage will vary from state to state.</p>



<h2 class="wp-block-heading" id="h-reverse-mortgage">Reverse Mortgage</h2>



<p>A reverse mortgage is an option for paying for in-home care. If the senior, age 62 or older, owns a home outright or owes little on the home, they can apply for a reverse mortgage. A reverse mortgage gives seniors the option of using the value of the equity in their home to get cash. The bank enforces strict rules about taxes, maintenance, homeowner’s insurance, and mortgage insurance. Therefore, it is important to do research on reverse mortgages and find a reputable bank, to lower the risk of defaulting on the reverse mortgage. Another important consideration is the length of time that care may be needed, as compared to the value of the equity. If a senior decides the reverse mortgage is a good choice for them, the cash can be used to cover the cost of in-home care.</p>



<h2 class="wp-block-heading" id="h-veteran-s-aid-and-attendance-benefits">Veteran’s Aid And Attendance Benefits</h2>



<p>Aid and Attendance is an often-overlooked benefit available to veterans who are paying out of pocket for care. Veterans who served on active duty for 90 days, with one day during wartime, and who were honorably discharged, may be eligible for aid and attendance benefits. However, the qualification process is not easy and many veterans become frustrated when trying to do so. As a result, the majority of veterans who may be eligible for the benefits never receive them.</p>



<p>Once qualified, a veteran can receive a monthly cash benefit, tax-free, to use for care. For veterans and their spouses, these benefits can be a major help in paying for in-home care. Surviving spouses of wartime veterans can also qualify for a monthly cash payment through the aid and attendance benefit.</p>



<h2 class="wp-block-heading" id="h-life-insurance">Life Insurance</h2>



<p>Life insurance is another possible way to pay for in-home care. If the life insurance policy is no longer needed to care for someone after death, it can be an option for paying for in-home care. A life insurance policy can be sold back to the company for a percentage of the value – usually 50 – 75%. This money can then be used to pay for in-home care. Many policies have flexibility, but some require the senior adult to be terminally ill. A policy with an Accelerated Death Benefit rider allows the policyholder to take a cash advance on the policy that is subtracted from the amount beneficiaries would receive. In this instance, the premiums are still paid and the policy still belongs to the policyholder.</p>



<p>Although in-home care is costly, the good news is that there are options available to help seniors pay for this care. The above are just a few options that may help seniors who wish to continue to live at home even when extra assistance is needed.</p>



<p>We help seniors and their loved ones find and pay for good long-term care using many of the options discussed above. We also create legal plans to protect the home and savings to make sure our clients never run out of money or options for good care. If you would like to learn more, please feel free to contact us. Please contact us at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Are Tech Companies Jeopardizing Your Health Care Privacy?]]></title>
                <link>https://www.estatesminnesota.com/blog/are-tech-companies-jeopardizing-your-health-care-privacy/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/are-tech-companies-jeopardizing-your-health-care-privacy/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 16 Jun 2021 05:00:42 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Big Tech giants like Google, Amazon, and Apple are investing heavily in the healthcare tech field. Some of the businesses are underway, like storing medical records in the cloud for a fee or using patient forms that have been “anonymized” to create new tools. Some products already cater directly to patients, such as wearable medical&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Big Tech giants like Google, Amazon, and Apple are investing heavily in the healthcare tech field. Some of the businesses are underway, like storing medical records in the cloud for a fee or using patient forms that have been “anonymized” to create new tools. Some products already cater directly to patients, such as wearable medical devices with monitoring capabilities through the internet of things. Lobbying efforts by Silicon Valley “encouraged” the Department of Health and Human Services (HHS) as they defined the <a href="https://www.healthit.gov/topic/laws-regulation-and-policy/notice-proposed-rulemaking-improve-interoperability-health" target="_blank" rel="noopener noreferrer">rule</a>, known as the Cures Act, improving patient access to all of their electronic health information (EHI) and standardizing their formatting for ease of interoperability. While there is a need to continue the modernization of the health care system, the complexity of the undertaking (legacy computer systems and data), entrenched financial interests, and privacy fears have made a tough go of it.</p>



<p><a href="https://www.healthit.gov/curesrule/" target="_blank" rel="noopener noreferrer">ONC’s Cures Act Final Rule</a></p>



<p>From a technology perspective, health care and its associated patient records are no different from data mining other personal information in the age of <a href="https://en.wikipedia.org/wiki/Surveillance_capitalism" target="_blank" rel="noopener noreferrer">surveillance capitalism</a>. There is money to be made, vast sums of money based on your health records. Why else would these very cash-rich tech companies wade into such a risky field? Estimates are the healthcare industry will reach 11.9 trillion dollars by 2022, and electronic health care records (EHRs) represent a growing sector of the business. The digital side of healthcare continues to expand as new federal regulations mandate hospitals make changes, and because spiraling health care costs make the sector ripe for disruption. Tech expertise in digital data management, storage, and analysis in other markets translates well into solutions for the behemoth that is health care record keeping. The big tech companies that deliver the best solutions will dominate that market and become an even more intractable part of our lives.</p>



<p>Is your privacy protected? The government outlines eight exceptions to the definition of information blocking when it comes to the Cures Act. The final rule allows for eight categories of reasonable and necessary activities. These activities do not constitute information blocking as long as certain conditions are met, referred to as “exceptions.”</p>



<p><a href="https://www.healthit.gov/curesrule/final-rule-policy/information-blocking" target="_blank" rel="noopener noreferrer">ONC’s Cures Act Final Rule</a></p>



<p>Google has already garnered bad publicity regarding patient privacy through its subsidiary Google Health in an enterprise-focused known as Project Nightingale. The problems arose when Google got access to some non-anonymized patient data without the patients’ knowledge while creating tools that manage and analyze medical records for doctors and hospitals.</p>



<p>Meanwhile, Amazon Web Services (<a href="https://aws.amazon.com/" target="_blank" rel="noopener noreferrer">AWS</a>) enjoys a dominant position in the service-based cloud storage of health records, offering downloadable medical information databases for clients. To sidestep privacy responsibilities, an AWS spokesperson said the obligation to comply with patient privacy regulations and policy was the responsibility of customers that sell the medical datasets through AWS. More recently, the joint health care venture <a href="https://www.wsj.com/articles/amazon-berkshire-hathaway-jpmorgan-end-health-care-venture-haven-11609784367?mod=article_inline" target="_blank" rel="noopener noreferrer">Haven</a> (Amazon, Berkshire Hathaway, and JPMorgan) seeking to target innovations in primary care, insurance coverage, and prescription drug costs has shuttered its operations after three years into their business partnership. The business sector is so complex that, most recently, entrenched health care companies are beginning to shake off these tech disrupters and are making deals more traditionally. Tech companies are countering with more joint ventures with established health insurers like Cigna and others.</p>



<p>The continuation of personal, wearable medical devices also sparks many privacy concerns. Like the latest Apple Watch, these devices can take ECGs, detect falls, and phone 911, for example, but the data set created, and communication systems for transferring this data make it hard to protect privacy. Yet you may find in the future that your medical doctor prescribes an Apple Watch, and your insurance will pay for it. Azure, Microsoft’s cloud division, is in direct competition with Google and AWS in the cloud storage business for medical records but declines comment on how patient data is used in its business plan or how it would protect patient privacy. Finally, Facebook already has a health care tool, Facebook Preventive Health, and if you select opt-in, Facebook will use your basic demographic information and recommend medical tests and treatments. The company says the tool does not use your health information or whether you use the tool in advertising. Have you heard this before?</p>



<p>The old hassle of getting paper medical records to prove you have been vaccinated as a child, transferring documents to a new doctor’s office, or even filling out the same medical history information repeatedly may give way to a new set of frustrations. Change is upon US health care and medical record-keeping systems; let’s hope the digitization of and ease in accessing health care records comes with modernized privacy laws that prioritize and protect patients. Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Workforce Opportunities For Older Americans]]></title>
                <link>https://www.estatesminnesota.com/blog/workforce-opportunities-for-older-americans/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/workforce-opportunities-for-older-americans/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Mon, 14 Jun 2021 05:00:39 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Many older Americans are willing and able to work, however, in April 2020 the unemployment rate for eligible workers 55 and older increased to 13.6 percent. COVID-19 restrictions and associated layoffs account for some unemployment increases, but so does the lack of employment opportunities among older Americans. A coexisting challenge in the US is that&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Many older Americans are willing and able to work, however, in April 2020 the unemployment <a href="https://www.aarp.org/work/job-search/info-2020/unemployment-numbers-april.html" target="_blank" rel="noopener noreferrer">rate</a> for eligible workers 55 and older increased to 13.6 percent. COVID-19 restrictions and associated layoffs account for some unemployment increases, but so does the lack of employment opportunities among older Americans.</p>



<p>A coexisting challenge in the US is that senior living facility operators struggle to retain a reliable workforce to provide care to their senior residents. Other American industries can also benefit from increasing older workforce opportunities, such as manufacturing and the foodservice/hospitality industry, where they face labor shortages. Helping older Americans retool skills that address specific market labor shortages solves two problems with one group of workers.</p>



<p>Senators Bob Casey (D-PA) and Tim Scott (R-SC) may simultaneously solve helping older workers find employment and the senior living industry’s challenge of finding and keeping competent workers. The chairman (Casey) and ranking member (Scott) of the Senate Special Committee on Aging have written a <a href="https://www.aging.senate.gov/imo/media/doc/Casey-Scott%20DOL%20Letter.pdf" target="_blank" rel="noreferrer noopener">letter</a> asking the US Department of Labor to prioritize the support of older workers. Additionally, the head of the National Council on Aging wants the Department of Labor (<a href="https://www.dol.gov/" target="_blank" rel="noopener noreferrer">DOL</a>) to establish an “Older Workers Bureau.”</p>



<p>The Senator’s letter asks Labor Secretary Martin Walsh to provide information about how his department is tracking trends in the sorts of jobs older workers perform and how the department can help older American workers navigate available opportunities. The letter further requests information about the DOL and the Biden administration’s collaboration using apprenticeship initiatives and other existing programs to train older workers with new skills to reenter the workforce. Finally, the Senators seek to understand partnerships between the DOL and the private sector to advance older American worker employment opportunities.</p>



<p>A recent Senate Aging Committee hearing entitled “A Changing Workforce: Supporting Older Workers Amid the COVID-19 Pandemic and Beyond” calls for a bureau within the labor department to “look holistically at older worker issues across the federal government” and “identify and coordinate existing federal resources, identify and work to eliminate barriers to working longer, and disseminate promising employment and training practices” according to witness <a href="https://www.aging.senate.gov/imo/media/doc/SCA_Alwin_4_29_21.pdf" target="_blank" rel="noreferrer noopener">Ramsey Alwin</a>. Alwin is president and CEO of the National Council on Aging (<a href="https://www.ncoa.org/" target="_blank" rel="noopener noreferrer">NCOA</a>) and further discussed the need for federal resources to promote public-private partnerships.</p>



<p>The reintroduction of the <a href="https://www.aging.senate.gov/imo/media/doc/POWADA%20One-Pager%20-%20117th%20Final.pdf" target="_blank" rel="noreferrer noopener">Protecting Older Workers Against Discrimination Act</a> on March 22, 2021, is a bipartisan bill seeking to strengthen age discrimination protection and make court justice easier for older workers to obtain. The NCOA also supports the <a href="https://www.govinfo.gov/app/details/BILLS-116hr8381ih" target="_blank" rel="noopener noreferrer">Protect Older Job Applicants Act</a>, which seeks to reinforce and expand the rights of older workers. Whether this legislation becomes law remains to be seen; however, there is a refocus on the benefits that hiring older workers bring, not only for the workers themselves but for the market sectors that employ them.</p>



<p>Many older Americans live healthy and productive lives well into their senior years, opting to stay employed as a matter of choice as well as those who do so out of necessity. Drawing from this pool of mature workers can address workers’ shortages and retention problems in senior living facilities and other healthcare sectors. The impetus for those Americans 55 or older who want to work in combination with public-private innovation and updated training could redress labor shortage issues across America.</p>



<p>We help older Americans with their estate planning and care-related planning needs. If you or a loved one would like to discuss your particular situation in a confidential setting, please give us a call. Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[Your Estate Plan Must Include These 5 Items]]></title>
                <link>https://www.estatesminnesota.com/blog/your-estate-plan-must-include-these-5-items/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/your-estate-plan-must-include-these-5-items/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 09 Jun 2021 05:00:32 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>The need for estate planning becomes more and more critical as we age. Many people avoid estate planning because they do not want to think about the end of life, failing health, or disability. Others believe that an estate plan is only for rich people. However, an estate plan is helpful for the senior adult&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The need for estate planning becomes more and more critical as we age. Many people avoid estate planning because they do not want to think about the end of life, failing health, or disability. Others believe that an estate plan is only for rich people. However, an estate plan is helpful for the senior adult and their families regardless of overall wealth.</p>



<p>The estate is all the property owned both individually and jointly, including bank accounts, real estate, jewelry, etc., and what is owed. Without an estate plan, it is very difficult to carry out a person’s wishes and can bring on a long, drawn-out probate that can be very expensive for the family. If an estate plan is in place, it can provide peace of mind for the senior adult and their family, as well as protection for the wishes of the senior.</p>



<p>Below are some basic guidelines for what should be included in an estate plan.</p>



<ol class="wp-block-list">
<li>Will. A will provides for an executor of the estate, who will take care of managing the estate, paying debts, and distributing property as specified. The distribution of assets can be outlined in the will. This can be as broad or detailed as a person wishes. In a will, beneficiaries and guardians for minor children should be assigned. It may not seem necessary to discuss minor children when discussing seniors and estate planning, but with the rise of grandparents raising grandchildren, this may indeed be an important part of the will. A senior adult can spell out, in the will, how they want their funeral and burial to be carried out as well.</li>



<li>Living Will. A living will outline a senior’s wishes for end-of-life medical care. It can include, in as much detail as the senior wishes, what medical treatments the senior would or would not like to have in specific situations. A living will takes the stress of making those decisions off of family members and helps to keep peace in families during times that can be difficult and emotional.</li>



<li>Healthcare Power of Attorney. A healthcare power of attorney is also a key part of an estate plan. This legal document provides for someone to legally make healthcare decisions for a senior adult. A durable power of attorney will remain in effect for the senior if the senior becomes unable to make decisions.</li>



<li>Financial Power of Attorney. A financial power of attorney names an agent who has the power to act in the place of the senior adult for matters relating to finances. The durable financial power of attorney stays in effect if the senior adult becomes unable to handle their affairs. By having a financial power of attorney in place, the stress and expense of a guardianship can be avoided, and the senior has the final say in who will make decisions relating to finances.</li>



<li>Trust. Setting up a trust can be beneficial for the distribution of specific assets or pieces of property. The benefit of a trust is that it does not go through probate, as compared to a will. Property is still distributed at the death of the trustmaker, but it is done without the need of a court. This also allows for privacy of the trustmaker, where with a will and a probate, all of the deceased person’s assets and the terms of their will are made public.</li>
</ol>



<p>Having an estate plan is necessary if you or your senior loved one wishes to have a say in what happens at the end of life and with assets after death. Consulting and planning with an elder law attorney will help to ensure that all options are explored and the best possible solution is utilized. The elder law attorney can walk you through all of the necessary parts of the estate plan, provide an explanation, and prepare the paperwork. Elder law attorneys will help take the guesswork out of estate planning.</p>



<p>If you have any questions about something you have read or would like additional information, please feel free to contact us. Please contact us at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[A Difficult Problem: Age Discrimination]]></title>
                <link>https://www.estatesminnesota.com/blog/a-difficult-problem-age-discrimination/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/a-difficult-problem-age-discrimination/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 02 Jun 2021 05:00:39 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Since the 1960’s, lawmakers have continued to tackle age discrimination in the workplace. According to study.com, age discrimination is defined as “the practice of letting a person’s age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. Decisions about terminating employees also cannot be solely based on their&hellip;</p>
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<p>Since the 1960’s, lawmakers have continued to tackle age discrimination in the workplace. According to <a href="https://study.com/academy/lesson/what-is-age-discrimination-in-the-workplace-definition-cases-examples.html" target="_blank" rel="noopener noreferrer">study.com</a>, age discrimination is defined as “the practice of letting a person’s age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. Decisions about terminating employees also cannot be solely based on their age.” Age discrimination is illegal and there are laws to protect people from it.</p>



<h2 class="wp-block-heading" id="h-the-law">The Law</h2>



<p>The Age Discrimination in Employment Act (ADEA) is the federal law that protects job applicants and workers over the age of 40 from age discrimination. There are a few exceptions of groups that are not included in the ADEA. These include elected officials, military personnel, and independent contractors. The law applies to employers with at least 20 employees or labor organizations with at least 25 members. It also applies to employment agencies, the federal government, and state and local government. Along with the ADEA, all states have laws that protect workers against age discrimination, and in most cases, these laws are more stringent than the federal law.</p>



<h2 class="wp-block-heading" id="h-adea-protection">ADEA Protection</h2>



<p>Under the ADEA, employers are prohibited from using age considerations in hiring, firing, layoffs, demotions, or promotions. In addition, there are several things employers cannot do. Employers may not mention specific age requirements or preferences when placing ads for jobs or recruiting employees. Employees may not be forced to retire at a certain age except in certain limited cases. Age limits cannot be set or specified for training programs and employers may not retaliate against employees that file age discrimination charges.</p>



<p>In addition, employers who provide benefits must provide those opportunities for all employees, regardless of age. However, with benefits that increase in cost with age, employers may provide the same amount of cost assistance for all employees regardless of cost or age.</p>



<h2 class="wp-block-heading" id="h-identifying-age-discrimination">Identifying Age Discrimination</h2>



<p>Age discrimination can take many forms. Age-related comments or speaking to older employees in a demeaning manner can become harassment due to age. Harassment based on age is a tactic employers may use in an effort to get older employees to quit rather than firing them when they are deemed too old. When a company has a track record of hiring only younger people, this may be a sign of age discrimination. Getting turned down for a promotion that is then given to a younger, less qualified person or being overlooked for challenging work assignments can be signs of age discrimination. If an employer encourages or forces an employee into retirement, this is age discrimination. Oftentimes age discrimination may come in the form of being left out or isolated. Unfair disciplinary action can also be a tactic used to discriminate against older employees. If an employee suspects that he or she is being discriminated against because of age, these indicators may help in deciding if a claim needs to be filed.</p>



<h2 class="wp-block-heading" id="h-filing-a-claim">Filing A Claim</h2>



<p>Any employee has the right to file a claim if they feel they are being discriminated against because of age. If an employee wishes to pursue a claim, they must first file an administrative claim with the federal Equal Employment Opportunity Commission (EEOC). The EEOC will then contact the employer and investigate the claim. If the EEOC deems the claim to have merit, they will issue a right-to-sue notice. Then, the employee is allowed to file suit against the employer. Claims must be filed within 90 days of the EEOC’s notice. With the various rules and requirements of this process, it is important to have competent and timely legal advice.</p>



<p>If you have any questions about something you have read or would like additional information, please feel free to contact us. Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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                <title><![CDATA[The Dangers Of Adding Others To Your Bank Account]]></title>
                <link>https://www.estatesminnesota.com/blog/the-dangers-of-adding-others-to-your-bank-account/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/the-dangers-of-adding-others-to-your-bank-account/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 26 May 2021 05:00:37 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>Adding a child’s name to a bank account may be more of a hassle than it’s worth, although it can be helpful to have another party available to keep track of bills when you’re sick or away. Doing so may have unintended consequences for both you and the child. First of all, the money in&hellip;</p>
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<p>Adding a child’s name to a bank account may be more of a hassle than it’s worth, although it can be helpful to have another party available to keep track of bills when you’re sick or away. Doing so may have unintended consequences for both you and the child.</p>



<p>First of all, the money in your account could be diverted to unintended parties. As of 2015, if the account held anything over $14,000, you would have had to notify the IRS and possibly pay gift taxes. If the child divorces, is in debt, or has a legal judgment against them, the account becomes available to the ex-spouse, creditors, or plaintiffs, just because the child’s name is on it.</p>



<p>Secondly, putting someone’s name – and a potential beneficiary’s name, at that – may frustrate the intentions of your will. Because your child’s name is on your account, they have “rights of survivorship,” which means that the entire account goes to them. If you wanted your assets divided equally between your children, for example, then whichever has their name on the account will now get more than the other.</p>



<p>Third, your child could lose eligibility for public funds, and your grandchildren could lose the opportunity for scholarships and financial aid. If your child ever needs public assistance, such as Medicaid, the account will be counted as an available resource and may make them ineligible. Likewise regarding your grandchildren; they may not be able to get student aid if the account which their parent’s name is on inflates their parent’s assets.</p>



<p>Finally, there are a few other potential consequences. If your child dies before you, then the money in the account (if held as tenants in common) could be part of their estate and would be distributed under the terms of their will, rather than yours. Or if your child spends the money in the account without your permission, because their name is on the account they would not be required to pay you back. Either way, the money in your account would have ended up out of your control.</p>



<p>Even though adding a child’s name to your bank account seems harmless, it can backfire, and lead to consequences for both you and your child. We can help you find ways to protect your bank accounts during your lifetime, and pass money on to your children without the threat of creditors reaching that money. We hope you found this article helpful. If you have questions or would like to discuss a personal legal matter, contact our office at <span><a href="tel:+1-612-246-4788">612-246-4788</a></span>.</p>
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                <title><![CDATA[Home Health Care And Technology For Veterans]]></title>
                <link>https://www.estatesminnesota.com/blog/home-health-care-and-technology-for-veterans/</link>
                <guid isPermaLink="true">https://www.estatesminnesota.com/blog/home-health-care-and-technology-for-veterans/</guid>
                <dc:creator><![CDATA[Law Office of Neil Thompson]]></dc:creator>
                <pubDate>Wed, 19 May 2021 05:00:35 GMT</pubDate>
                
                    <category><![CDATA[Firm News]]></category>
                
                
                
                
                <description><![CDATA[<p>The quest to provide cost-effective, quality in-home care for veterans has been a long-time goal of the Department of Veterans Affairs (VA). Although the agency has long been mired in controversies surrounding its programs, particularly arbitrary caregiver dismissals, the home health services sector of the VA has long been touted as an overall success story.&hellip;</p>
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<p>The quest to provide cost-effective, quality in-home care for veterans has been a long-time goal of the Department of Veterans Affairs (VA). Although the agency has long been mired in controversies surrounding its programs, particularly arbitrary caregiver dismissals, the home health services sector of the VA has long been touted as an overall success story. As <a href="https://homehealthcarenews.com/2019/01/why-the-department-of-veterans-affairs-is-the-tesla-of-home-health-care/" target="_blank" rel="noopener noreferrer">Thomas Edes,</a>, director of comprehensive geriatrics and palliative care programs for the VA puts it, “We’re working in this environment of challenging budget constraints, and at the same time, we’re a very mission-driven organization. Put those together and what happens? That really pushes us to innovate.”</p>



<p>This innovation has seen home-based primary care for veterans quadruple since 2000, and all VA medical centers throughout the US now have a palliative care program as well. The VA Medical Foster Home program care has expanded from a pilot to a national program, recognized in at least 45 states and providing veterans housing as well as in-home care. These success stories are great news for veterans and a must for the <a href="https://www.va.gov/vetdata/docs/SpecialReports/Profile_of_Veterans_2016.pdf" target="_blank" rel="noreferrer noopener">Veterans Administration</a> partially because the median age of a veteran is now 64 and the US aging veteran population is growing even faster than the senior civilian population.</p>



<p>It is not just the “newcomer” seniors straining the VA health care system. Nationwide the 85 plus population is on track to increase 70% from 2000 to 2020 according to the <a href="https://acl.gov/sites/default/files/Aging%20and%20Disability%20in%20America/2006profile.pdf" target="_blank" rel="noreferrer noopener">US Department of Health and Human Services</a>. The overall unsustainability of the US health care system has forced the hand of the VA, and there is no more cost-effective way than through subsidized, at-home family and community-centered health care and technology to meet veterans’ care needs.</p>



<p><a href="https://www.blogs.va.gov/VAntage/44610/telehealth-revolutionizing-veterans-health-care/" target="_blank" rel="noopener noreferrer">The Official Blog</a> of the U.S. Department of Veterans Affairs reports that Telehealth is revolutionizing veteran care and providing high-quality treatment for them. The VA Video on Demand is delivering convenient, accessible health care particularly to those <a href="https://www.census.gov/content/dam/Census/library/publications/2017/acs/acs-36.pdf" target="_blank" rel="noreferrer noopener">24 plus percent</a> of veterans who live in rural and remote access locations. Telehealth is also important for those veterans who are disabled. Although a veteran might live in a city they might be unable to get themselves to a medical center for an appointment.</p>



<p>Assisted living technologies for veterans include assistive mobility equipment which is an ever-expanding category including wheelchairs, all-terrain vehicles, exoskeletons, and in-home ceiling track mobility systems continue to be refined and specialized to meet the individual veteran’s needs. The Veterans Administration awards grants to develop technology to assist veterans and service members in modifying their homes. Adapted computer access and electronic aids to daily living and environment control units (personal assistants) provide customized interactive abilities for veterans.</p>



<p>Electronic cognitive devices help veterans who struggle with activities of daily living (ADL). These devices include personal digital assistants (PDAs), smartphones, pocket personal computers (pocket PCs) and other handheld devices, global positioning systems (GPS), reminder watches, pagers with reminder features, and digital voice recorders. The use of these devices helps a veteran stay on schedule with medications as well as stay connected with family, friends, and their medical monitoring community. Those veterans with Post Traumatic Stress Disorder (PTSD) are further helped with their ADLs when robots with artificial intelligence (AI) are introduced into their environment. These AI “tech bots” are capable of reading human facial expressions and can identify when a veteran is feeling particularly stressed, isolated, angry, or depressed. The robot can upload the information to the veteran’s caregivers thus alerting them to the need for human intervention. Wearable sensors can also alert a caregiver or medical professional when vital signs are outside of a normal, healthy range.</p>



<p>The VA will provide a payment to disabled veterans toward the purchase of a car or other transportation and additionally will pay for adaptive equipment, repair, reinstallation, or replacement of necessary equipment due to disability. If a veteran has lost the use of at least one foot, hand, or has a permanent impairment to their vision or severe burn injuries or immobile joints that limit mobility, the VA will help to fund the adaptation of the vehicle to make it fully operational to the veteran. The same holds with regards to some sports and recreation equipment as well.</p>



<p>While the latest technology brings benefits to all seniors opting to age in place, the veteran community is especially helped. Many veterans would like the luxury of aging without combat or non-combat injury so inherent to military service. Some of the aging-in-place obstacles they must overcome are extreme, commensurate with the injuries (psychological and physical) they have endured. Navigating the benefits that are available to a senior veteran is complicated if you are not well versed in the process. Getting enrolled in the correct program and receiving benefits can also be a lengthy process, so it is best to seek professional advice before wasting valuable time.</p>



<p>Please contact us at <a href="tel:+1-612-246-4788">612-246-4788</a> and schedule a <a href="/contact-us/">free consultation</a> to discuss your legal matters.</p>
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