Archive for September, 2015

The Medicare “Donut Hole” Explained

Monday, September 21st, 2015

Seniors and others with Medicare prescription drug coverage (Part D) should be aware of the coverage gap known as the “donut hole,” so that they can plan properly for the cost of their medication.

Most Medicare prescription drug plans have a “donut hole” coverage gap, which means that when you have spent a certain amount on medication, your coverage will be reduced until your costs reach a higher amount where coverage picks up again. The Affordable Care Act reduced the effects of the donut hole, but it can still result in a significant cost for seniors. Here is exactly how the donut hole comes into play with Medicare prescription drug coverage: Littman Krooks Elder Law

First, you are responsible for 100 percent of your deductible (not more than $320 in 2015 and not more than $360 in 2016). After you have paid the deductible, you are covered (meaning you are only responsible for your co-payments or coinsurance), until you and your plan have spent a combined total on covered drugs that reaches a certain limit ($2,960 in 2015; $3,310 in 2016). Above that limit, you have entered the “donut hole” coverage gap.

Previously, Medicare Part D beneficiaries were responsible for paying 100 percent of drug costs in the donut hole. Now, under the Affordable Care Act, you pay 45 percent of the price for brand-name drugs; however, 95 percent of the price counts toward getting out of the donut hole. For generic drugs, you pay 65 percent of the price in 2015; that percentage will drop each year until it reaches 25 percent in 2020. However, for generic drugs, only the price you pay counts toward getting out of the donut hole.

You exit the donut hole when you’ve spent above a certain limit ($4,700 in 2015; $4,850 in 2016). At that point, catastrophic coverage begins, and you will pay a small copayment or coinsurance for covered drugs for the rest of the year.

Expenses that do not count toward the coverage gap include your monthly premium, pharmacy dispensing fees, and any amount you pay for drugs that are not covered.

Making Decisions on Senior Housing

Tuesday, September 15th, 2015

When an older person needs care and can no longer live with full independence, the senior and his or her family are faced with a number of decisions to make. There is often a range of choices available such as assisted living, in-home care, or a skilled nursing facility, and the task of deciding what is right for the individual senior can seem overwhelming.Littman Krooks Elder Law

The decision may be difficult, but families do not have to face it alone. With Americans age 85 and older the fastest growing age group, millions of Americans are now struggling with this very issue, and there are a number of specialists that are available to assist them.

The exact type of assistance that is required depends on the needs of the individual senior and the family’s situation. Families may need to seek guidance from their family doctor, a financial planner, or an elder care specialist. Crucial assistance can be provided by an elder law attorney, who can provide services such as drafting documents that give power of attorney to a trusted family member so that medical and financial decisions can be made if the senior loses the capacity to make them.

A key factor in making a good decision on senior housing is advance planning. Too often families end up making a decision because of a crisis such as a health issue that has taken a turn for the worse. However, in many cases, the need for care can be predicted and planned for. If the family waits for a crisis to develop, they may not have time to consider all the options.

Ideally, the choice of a housing situation for a senior will come out of a series of family discussions that incorporate the senior’s needs and desires, the available options, and the family’s financial situation. Taking the time to consider the options, and seek expert counsel, can allow a family to craft a unique solution for the individual’s unique needs.

 

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The Dispute Over Robin Williams’ Estate

Wednesday, September 2nd, 2015

robin williamsOne year after the death of Robin Williams, a legal battle over his estate continues.

Despite the fact that Williams’ estate was planned with a certain degree of sophistication, several disputes have arisen between his widow and his three children from two previous marriages. Williams’ estate plan provides that his widow be able to live in their mansion in Tiburon, California, and retain most of its contents. However, Williams’ children claim that the home contains memorabilia items that are designated for them. Another area of dispute concerns a fund dedicated to expenses associated with the residence, which Williams’ widow claims is being restricted by his children.

Many wealthy people die having done inadequate estate planning, or none at all, which is almost certain to lead to legal disputes among heirs. In Williams’ case, the actor and comedian had done the right thing for the most part, creating a tax-efficient estate plan that included trusts to be managed by people in whom he had confidence. However, this did not prevent legal turmoil after his death.

Estate planning experts familiar with Williams’ estate say that a lesson that can be learned from this case is that specificity is essential to proper estate planning. Especially when personal items are to be left to different people, specifically naming individual items is much better than using general language to describe categories of possessions. Leaving things open to interpretation is one way that disputes can arise. Another factor that can help prevent disputes is to set expectations by letting loved ones know the general plan for the estate, so that they are not surprised by its provisions.

 

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