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Elder Care

Guardian? Moving Mom?

November 24, 2022 by Pamela Avraham

A Financial Guardian has a myriad of responsibilities to handle. If the ward’s living situation isn’t safe or suitable, the Guardian should pursue moving the individual to a home or facility which provides supervision, medical care and socialization.

The Guardian/POA must coordinate the relocation:

  • Moving  parent’s possessions to the new location
  • Inventory contents of home
  • Engage relocators to select furniture & possessions suitable for new smaller home
  • Monitor relocators who distribute remaining home contents to relatives or charity
  • Engaging certified real estate appraisers to determine value of home
  • Working with real estate agent to sell the home
  • Working with elder law attorneys to file Court motion for approval to sell home

The Guardian has additional responsibilities:

  • Locating assets of ward
  • Budgeting for the ward’s personal & health needs
  • Investing liquid assets
  • Maintaining real estate of ward
  • Review terms of traditional or reverse mortgages
  • Review and update of all insurance policies
  • Preparing court accountings
  • Handle tax matters

Our CPA firm assists Financial Guardians with the administrative, relocation and accounting requirements. Several members of our firm have taken care of their elderly parents. We have experienced the many trials and tribulations of providing for their medical needs and handling their financial affairs.

 

 

Filed Under: Elder Care, ESTATE, TRUST, GUARDIANSHIP, Guardianships, Uncategorized Tagged With: Elder care, Guardianships, Guardianships real estate, Power of Attorney

Guardian Accountings 101

November 20, 2022 by Pamela Avraham

Does your parent need a Guardian?

If Dad becomes mentally incapacitated to the point where he should not be handling his own financial affairs, he may need a Guardian.  We work with many attorneys who specialize in Guardianships. They can apply to the Court to have a Financial Guardian appointed and a Personal Guardian also if necessary.

Guardian vs. Power of Attorney- What’s the Difference?

A Financial Guardian has a myriad of responsibilities to handle. In contrast to a Power of Attorney who has the right to handle many of these functions, the Guardian is Court-appointed and has the obligation to perform all these jobs.

Accounting Obligations of Guardian:

  • Locating assets of ward
  • Handling all tax matters
  • Preparing court accountings
  • Establishing budget for the ward’s personal and health needs
  • Investing liquid assets
  • Review and update of all insurance policies
  • Review of terms of any traditional or reverse mortgages
  • Maintaining real estate of ward

NJ Guardianship Accounting Requirements

In all States, the Guardian must file an annual report of the financial affairs of the incapacitated person. In NJ, many counties now require that the Guardian of the Estate report using Judiciary forms as to the financial affairs. There are two different periodic reporting forms:  the Periodic EZ Accounting form and the Periodic Comprehensive Accounting form.  The Comprehensive Form requires numerous attachments to substantiate the figures reported. The Judgement of Incapacity should specify which form you are required to file, as well as the deadline for filing.

Instead of filing a Judiciary form, it is possible that a Judgement may direct periodic filing of a formal court accounting. All of these types of accountings are complex. Urbach & Avraham can relieve you of this burden and prepare these accountings for you.

An accounting? No problem! After all, you kept all the bank statements and receipts for every expense. However, unfortunately, a formal accounting must be in a specific format strictly mandated by NJ Statutes in the Uniform Principal and Income Act. The following do not constitute a formal accounting:

• A stack of all the bank and brokerage statements
• Boxes, envelopes and binders of all receipts for all expenses paid
• The check register for the estate checking account
• The fiduciary income tax returns for the trust or estate (Form 1041) or the individual income tax returns (Form 1040)
• An Excel summary of all expenses paid
• A profit and loss summary from Quickbooks
• Mom’s medical records

Preparing a formal account can be an overwhelming process for a fiduciary. The starting point is a list of all assets for the first day of the account period. All receipts, disbursements, gains and losses from disposition of assets, transfers and distributions are detailed.
We can relieve your burden, take your crates of documents and convert them into a formal accounting. If there is a dispute about a specific asset or disbursement, we will add additional documentation to clarify, strengthen and justify our client’s position.

Working with Urbach & Avraham, CPAs is unique because we truly know what you’re going through. Several members of our firm have taken care of their elderly parents. We have experienced the many trials and tribulations of providing for their medical needs and handling their financial affairs. Please contact us to see how our CPA firm can assist you.

 

 

 

 

Filed Under: Elder Care, ESTATE, TRUST, GUARDIANSHIP, Guardianships

Did Grandma Move in with Your Family?

November 26, 2019 by Pamela Avraham

Grandma is struggling and someone must take her to her many doctor visits, do her shopping and handle all her finances. Grandpa now needs assistance with daily living activities. It is much easier to take care of grandparents if they live closer…so, they move into your home.
As nursing home costs increase, adult children are finding that living together is an excellent arrangement, both financially and emotionally. However, having a parent move in is a huge adjustment and many logistics are involved.
Siblings tend to resent that one child may be enriching himself under the guise of taking care of Mom. They will be very concerned about many issues which can be subject to great controversy including:
• Compensation: Should Grandpa pay rent? How much can or should the parent contribute to the household? Should Grandma compensate the care-giver child? Will the adult child reduce his work hours or take early retirement as a result of the care-giving duties?
• Renovation of Home: Will the house need to be remodeled to accommodate an aging parent? Usually a room must be converted to a bedroom. Bathrooms need to be fitted with equipment for the elderly. Ramps are needed for easy access to the home.

  • Will the parents gift the funds to renovate?
  • Will the parents retain an ownership interest in the house?
  • Will this affect the parent’s eligibility for Medicaid?

• Tax ramifications: Can the adult child take Grandpa as a dependent and qualify as head of household?

  •  Can someone deduct as a medical expense the renovations to the home done to accommodate a disabled person?

• Healthcare: Should Grandma attend an adult day care? Will home-health aides be needed? What level care is needed? How do we properly pay the aides?
• Finances: Should Grandpa execute a Power of Attorney or is a Guardian needed? Will Mom qualify for Medicaid? Should an accounting be provided periodically to address financial concerns on an on-going basis? This may eliminate suspicions and avoid brewing family disputes.
There are many legal, financial and tax issues involved. Even if there are no siblings, all these items should be reviewed with an elder law attorney and a CPA. We work with many competent elder-law attorneys who can establish and document the plan most suitable for your family. We can advise as to the many tax ramifications. A plan well-structured and documented can reduce income taxes, maximize funds for grandparent’s care, enable your parent to qualify for Medicaid and avoid explosive family battles. Call our CPA firm to see how we can assist.

Filed Under: Elder Care, ESTATE, TRUST, GUARDIANSHIP, Financial Abuse of Elderly, Guardianships, TAX TIPS FOR INDIVIDUALS Tagged With: Elder law disputes, Income Tax Planning

Taking Care of Mom’s Finances? Need an Accounting?

November 14, 2019 by Pamela Avraham

For several years you’re taking care of Mom, dashing her to many doctors and handling her finances. All this while juggling a full-time job. Suddenly your siblings ask, “What have you done with Mom’s money?” “Please account for Mom’s funds for the years you were in charge.”

As children you fought over the teddy bear. Now you’re fighting over a million dollars or more. Family members tend to accuse the financial in-charge of mismanagement, improper transactions and pocketing funds. The financial in-charge may be a guardian, trustee or executor with control over a trust or estate, or a Power of Attorney in charge of the assets of an aging person.

Family monetary disputes can escalate quickly. Providing an accounting to interested parties can prevent explosive family battles and avoid costly litigation.

An accounting? No problem! After all, you kept all the bank statements and receipts for every expense. However, unfortunately, a formal accounting must be in a specific format strictly mandated by NJ Statutes in the Uniform Principal and Income Act.  The following do not constitute a formal accounting:

  • A stack of all the bank and brokerage statements
  • Boxes, envelopes and binders of all receipts for all expenses paid
  • The check register for the estate checking account
  • The fiduciary income tax returns for the trust or estate (Form 1041) or the individual income tax returns (Form 1040)
  • An Excel summary of all expenses paid
  • A profit and loss summary from Quickbooks
  • Mom’s medical records

Preparing a formal account can be an overwhelming process for a fiduciary.  The starting point is a list of all assets for the first day of the account period. All receipts, disbursements, gains and losses from disposition of assets, transfers and distributions are detailed.

We can relieve your burden, take your crates of documents and convert them into a formal accounting.  If there is a dispute about a specific asset or disbursement, we will add additional documentation to clarify, strengthen and justify our client’s position. Please contact us to see how our CPA firm can assist you.

 

 

 

Filed Under: Elder Care, ESTATE, TRUST, GUARDIANSHIP, Financial Abuse of Elderly, Guardianships Tagged With: Elder law disputes, Estate accounting, Inheritance disputes, Trust accounting

Seminar Invite: How to Preserve Assets in Nursing Home Situation or Long Term Care Situation

June 12, 2019 by Pamela Avraham

Urbach Avraham, CPAs

INVITES YOU TO A
Complimentary Seminar on “How to Preserve Assets
When Faced with a Nursing Home or Other Long-Term Care Situation”

 

Tuesday, July 9, 2019 from 8:00 a.m. to 9:45 a.m.
At 1581 Route 27, Suite 201, Edison, NJ 08817

As a service to our clients, we are pleased to host guest speaker,

Michael K. Feinberg, Esq. of Greenbaum, Rowe, Smith & Davis

Michael will discuss:

• How to preserve assets
• Can we keep our house? Our IRA accounts?
• Debunking the many myths about Medicaid

Michael Feinberg is a partner at Greenbaum, Rowe, Smith & Davis, LLP in Woodbridge, NJ. He is the current Co-Chair of the Elder Law Section of the Middlesex County Bar and is listed in NJ Super Lawyers in the Estate Planning and Probate Practice area. Michael concentrates in tax, estate planning, estate administration, elder law and tax controversies. Mr. Feinberg is a frequent lecturer on, and author of, various estate planning and elder law topics. He specializes in planning for incapacity and the availability of government benefits, while maximizing asset preservation.

Please RSVP to Pamela at  mailto:pma@ua-cpas.com

Bagel breakfast will be served!

Filed Under: Elder Care, ESTATE, TRUST, GUARDIANSHIP, TAX TIPS FOR INDIVIDUALS, Uncategorized Tagged With: Medicaid Planning

Special Needs Trust Seminar

May 19, 2019 by Pamela Avraham

Urbach & Avraham, CPAs

INVITES YOU TO A

Complimentary Seminar on Special Needs Trusts  

for your Disabled Family Member

Wednesday, May 22, 2019 from 8:00 a.m. to 9:45 a.m.

At 1581 Route 27, Suite 201, Edison, NJ 08817

As a service to our clients, we are pleased to host guest speaker,

Shirley B Whitenack, Esq. of Schenck, Price, Smith & King, LLP 

Shirley will discuss:

  • Brief overview of Special Needs Trusts
  • First and third-party Special Needs Trusts
  • Sole benefit of trusts- allows seniors to give money to a
    disabled person without incurring a Medicaid penalty-
    both elderly and disabled person can receive Medicaid benefits

Shirley Whitenack is a partner at Schenck, Price, Smith & King in Florham Park, NJ. She helps NJ families with elder and special needs law, estate planning and administration and trust & estate litigation. She is a Past President of the National Academy of Elder Law Attorneys and a member of the Special Needs Alliance, an invitation-only group of special needs planning attorneys. Shirley publishes and lectures on topics related to guardianship, elder and special needs law, planning for incapacity and availability of government benefits, Supplemental Security Income (SSI) and Social Security Disability (SSD), Medicaid planning and estate and trust litigation.

Please RSVP to Pamela at pma@ua-cpas.com

Bagel breakfast will be served!

 

Filed Under: Elder Care, ESTATE, TRUST, GUARDIANSHIP Tagged With: Special Needs Trusts

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