Category: The Goldlaw Report

Don’t let Rachel Bentley Google you.

Rachel, having joined our firm in 2012, graduated with a degree in criminal justice from Liberty University in Lynchburg, VA, instructed by ex-CIA and FBI officers. She is savvy enough on the web to find out just about anything on just about anyone.

It was in fact those very skills that landed her a job interview with Craig Goldenfarb. Prepared to leave the comfort of her hometown of Melbourne, FL, Rachel began sleuthing around for available professional opportunities in South Florida.

Her elder sister had just landed a great job with Place of Hope in West Palm Beach, and they planned to move in together. She reached Craig simply by finding his email address, and sending her resume to him.

“I don’t remember what the email said, exactly”, Rachel explained, “but I do remember being told later that the biggest reason I was hired was my perfect handwriting on the job application!” Craig was smitten from day one, and for good reason.

Like Craig, and many of us here, Rachel is a perfectionist when it comes to her work. “No one has higher expectations for my work than me, so I’ve never had a boss who didn’t love my work. It’s not enough for me to just ‘do my job’. I want people to be impressed with my work product.” That sounds like the Rachel we all know.

Another thing we all know about Rachel is that she likes to fly under the radar, so to speak, and doesn’t clamor for attention. She’s humble. Reserved. Thoughtful. But she is also quick to point out that you don’t need to have a boisterous personality to be a great leader.

“My role model is Ruth of Moabitess [from the Book or Ruth, Old Testament] and how she demonstrated loyalty, commitment, and selflessness. Naomi was her Israelite mother-in-law. When Naomi’s husband and children died, Ruth stayed by her side. Ruth embodies who a real woman should be.”

Rachel gels her point: “Don’t compare yourself to others. Compare instead to the best version of yourself, and try to move that bar higher. That’s what I’m always challenging myself to do.” Good advice, from a smart and talented young woman who knows a thing or two about these kinds of things.

I’ve used my last few newsletter articles as an opportunity to address the common challenges I’ve faced as a member of the “Sandwich Generation”, which is defined as those of us who are simultaneously caring for our minor children and our aging parents.

My last article generally discussed the prospect of having to place your parent into some level of assisted care, and the different levels of care that are available. Figuring out which level of care is appropriate is hard enough, but if you are like me, you probably find yourself asking even tougher questions: How do I pay for this care, and how do I choose the right facility?

In this, my last article on the subject, I hope to help you find some answers. How to pay for assisted living or nursing care If you are not one of the lucky few whose parents have already purchased long term care insurance, one of the first considerations will be how to pay. Under limited conditions, Medicare may pay for short-term care up to 100 days with a copay. However, Medicare does not generally pay for long-term assisted-living facilities, or for independent living.

Further complicating the matter, health insurance rarely covers these costs. Your parent’s health insurance may provide some benefit for skilled nursing care; however, it varies by plan and carrier. You would have to call the insurer and do a little digging to get an answer, and it may or may not be worth your effort. Aside from paying cash out of pocket, there may be another option besides Medicare or health insurance.

Some very sharp Elder Law attorneys I know will sometimes employ a strategy called a “Medicaid Asset Protection Trust”. Under Florida law, this irrevocable trust allows your parent to divest themselves of their assets, but still collect income generated from the trust assets. The real benefit, however, is that your parent would then become eligible for Medicaid, and therefore long-term care benefits.

These legal advisers may also have some other options for protecting certain assets and other resources, while still qualifying for Medicaid. Help from these advisors is not especially expensive, so it may pay in the long-run to talk to one. If you’d like a referral to someone I trust, give my office a call, and someone will be happy to assist you.

Signs to look for as you tour facilities

Inevitably you will be taking tours of various facilities as you plan for mom or dad’s long-term care. Many readers are familiar with my experience as a nursing home abuse lawyer, so it should come as no surprise that I’ve “seen it all” in this industry. As a result, I was very careful in choosing the facility for my dad. We did it by looking for good (and bad) signs as we toured the facilities. Here they are:

Signs of a good facility

1. Plenty of visible staff attending to the patients and a good staff-to-patient ratio.
2. Seeing a robust schedule of activities available, prominently and proudly displayed, for residents.
3. Staff who speak English, to appropriately and effectively communicate with residents.
4. The availability of inspection ratings, administered by the Agency for Health Care Administration, which can also be found online at FloridaHealthFinder.gov.
5. Obvious safety and security precautions in place to prevent wandering (case workers should be able to clearly demonstrate that they understand these completely).

Warning signs of a bad facility

1. Witnessing a resident unattended to, wandering or lingering in the hallways or in other unnatural or unsupervised areas.
2. Foul odors, which are usually the sign of poor hygiene of the residents.
3. Dirty floors, unorganized care worker areas, or the general “scatter” of medical supplies or equipment throughout rooms or in hallways.
4. Unattended trays of food in rooms, especially if outside of normal breakfast, lunch or dinner hours.
5. Unlocked or propped-open doors.

The presence of any of these “signs” are by no means conclusive evidence that the facility is good, or bad. However, taken together, along with your ability to reason and “gut-check” what you see when you tour a facility, these signs should paint a picture of how well the facility is run.

I hope my advice helps make it easier for you to overcome the challenges of being a member of the Sandwich Generation, and helps you find the best possible care at the right price for you and your loved ones. Best of luck in your search.

-Craig Goldenfarb, Esq.

The fall months are a busy time of the year for Florida’s roadways. Families these days are getting back to the good old days when road trips were a holiday staple. With gas prices low and consumer sentiment high, 2016 has been a record year for U.S. drivers taking to the road – and for the number of car accidents.

With total traffic crashes up almost 9%*, and AAA forecasting another record traveling season for the nation’s drivers, this fall could prove to be a dangerous time to travel. So it’s important to keep in mind a few good safety tips.

Buy UM Insurance

According to FHSMV statistics, there were about 92,000 hit and run crashes in 2015. While the vast majority resulted in only property damage, about 20% resulted in an injury to another person, including serious bodily injury or death. The equates to about 5.75 hit and run crashes per 1,000 drivers on Florida’s roads.

However, those figures are probably low, because most hit and run crashes go unreported to the authorities. Needless to say, hit and run crashes are fairly common in the sunshine state. You can protect yourself from a potential hit and run by buying Uninsured Motorist coverage. “UM coverage”, for short, pays the cost of medical treatment for injuries and pain and suffering you sustain from a crash caused by someone who left the scene of the accident, or by someone who doesn’t carry car insurance.

UM coverage is relatively inexpensive, and completely worth the added cost to your premium. Don’t assume you have UM coverage. It’s an add-on to your existing auto insurance policy.

Don’t drive on high-traffic days

The days in which the most drivers will be on Florida’s roads are days that you probably want to avoid traveling on. That includes the Wednesday before Thanksgiving, and the three days leading up to Christmas Day.

Other days to avoid are Black Friday (the day after Thanksgiving), and New Year’s Day. Also, be wary of traveling at night around these days as well – drunk drivers are on the prowl. By most accounts, data for 2014 show crashes involving alcohol were lower from 2013-2014, and that is promising. However, more than 46,000 crashes that occurred on Florida’s roadways were either confirmed or suspected that alcohol played a factor in the wreck.

The bottom line is that traveling too close to holidays, especially at night, can be dangerous if you’re not a careful, fully aware driver.

Avoid driving if you are between the ages of 20-29

Yes, that’s a silly joke – of course you have to be able to drive. But, being a driver in your twenties does tend to put you and others at an elevated risk of causing or being injured by a crash in Florida. Drivers between the ages of 20-29 account for 25% of all of Florida’s crashes, and for 25% of all fatalities that occur on our roadways.

Our best advice for you if you’re in this age group (or any age group, for that matter) is: stay off your cell phone, and keep your eyes on the road. Focus on enjoying a peaceful drive through beautiful South Florida.

*Data Source: Florida Highway Safety and Motor Vehicles – Traffic Crash Facts Annual Report 2014

Recently, on Father’s day, I was reflecting on the last ten years of my relationship with my dad since my mother passed away in 2006. Like many of us, I am part of the “sandwich generation”, which is when we are at an age where we have to care for our children, and at the same time have to care for our parents.

As our parents age, they often require us to oversee their financial affairs, their physical and emotional health, and their safety. My mother died ten years ago from lung cancer. Since then, my father, who had been dependent on my mother for most domestic responsibilities, was not able to function normally without help from me and my sister. Luckily, my father and sister both live in Central Florida. My sister and I decided that I would assist him with his financial affairs, and she would handle his health, safety, and day-to-day needs. I am in the fortunate situation of having a sister with a certain skill set that is extremely valuable and practical, when matched with my ability to handle his financial well-being. I am proud to say we make a good team.

However, several years ago, we realized that his health needs were beyond my sister’s ability, so we decided to look for a long term care facility that could provide my dad with his required level of care.

The first level of care is called “Independent Living” (AKA an “ILF”, or Independent Living Facility). This level of care is basically an apartment, with safety features such as a pull cord in the bathroom or bedroom, and some basic provision of minor healthcare services.

The next level of care is called “Assisted Living” (AKA an “ALF”). In this level of care, the facility is allowed to manage the administration of medications, and provides basic assistance with hygiene, supervision, and other health needs.

The highest level of care is called “skilled nursing care” (often referred to as a “nursing home”). In this level of care, full nursing care is provided, with the oversight of a physician, who is often employed by the facility as the Medical Director. As you can imagine, the higher the level of care, the more expensive it is. Medicare, unfortunately, covers only a very short time period for this highest level of care (skilled nursing care), leaving us sandwich generation members in a bit of a pickle.

For my family, the answer was to turn to the professionals. My sister and I found that in order to financially plan for moving our dad to any level of long term care, an Elder Law attorney, a financial planner, and an insurance specialist (to consider purchasing long term care insurance) all turned out to be valuable resources we were able to utilize.

My sister located a few facilities near my dad. The facility we chose was one that provides all three levels of care, so that as my father gets older, and his health may deteriorate, he can feel comfortable in knowing that he will be staying in the same “home” (just moving to a different section of the same facility).

The process of learning all of this was quite educational (and a bit scary). However, advance planning in reaching out to the right advisors and professionals is the best way to figure out how your parents can live their later years comfortably and safely. Regardless of who looks into these issues for your aging parents, I strongly suggest starting the process sooner than later.

Best of luck to those of you in this stage of your life. I love you, Dad.

-Craig Goldenfarb