Honoring “Grandfamilies” During National Family Caregivers Month: Resources for Grandparent Caregivers
November marks National Family Caregivers Month. Today, roughly 3 million children reside with grandparents who have committed to being their primary caregivers, according to Pew Research Center estimates.
Grandparents may step in when the child’s parents can no longer take care of the child, when the parents pass away, or when a court takes away their parental rights. Without grandparents assuming responsibility, the state might have placed these children with foster families who are not related to the children. When grandparents become the guardians of their grandchildren, children can preserve familial ties, remaining connected to their biological families.
Although caring for a grandchild is rewarding, it can also be challenging, particularly when it comes to finances. Grandparents who are retirees with a decreased income may face the challenge of balancing their grandchildren’s needs, such as clothing, with their own needs, such as medical care. They might even feel they must use their retirement savings to provide for their grandchildren. However, state and federal benefits programs, as well as other resources, are available to help “grandfamilies” facing financial difficulties.
Financial Resources
Several tools are available to support grandparent caregivers with monetary hardships associated with caregiving.
- BenefitsCheckUp — The National Council on Aging’s online resource, BenefitsCheckUp, can help older adults identify federal and state assistance programs for which they are qualified.
Starting with their ZIP codes, users can enter personal information into the tool, and BenefitsCheckUp keeps the information they disclose private. After entering details, the resource generates a personalized Eligibility Results report, which reveals the benefits programs for which they can apply. The tool also identifies areas where program administrators might need more information to determine eligibility. The report can give older adults clarity about which programs they could apply for successfully as well as which programs fit their needs.
- TANF — The Temporary Assistance for Needy Families (TANF) program provides funding that states put toward financial assistance for low-income families for necessities such as food, shelter, and clothing. The TANF program varies by state.
In some states, childcare assistance is available in addition to financial support. To qualify for TANF, older adults must have minor children, be unemployed or underemployed, and have a low income. (TANF is also available to those who are pregnant and minors who are the head of their households.)
- InsureKidsNow.gov — As an online resource for families, InsureKidsNow.gov offers information about getting children low-cost or free health care. Medicaid and the Children’s Health Insurance Program (CHIP) give free or inexpensive health care to minor children whose families meet state financial eligibility requirements.
As a grandparent caregiver, you can use InsureKidsNow.gov to explore health insurance options for your grandchildren, including mental and behavioral health and dental care. The Dentist Locator, for instance, can help you find a local dentist who accepts Medicaid and CHIP. The website also has vaccination outreach resources.
Legal Support
In addition to financial constraints, caring for a grandchild can raise other concerns. Grandparents who are primary caregivers may have anxieties about their legal rights, especially when children are involved in the foster care system. Caregivers might also have particular questions and worries if a child has a disability or is diagnosed with a severe illness.
- Grandfamilies.org — An online information center, Grandfamilies.org supports families where grandparents are the main caregivers, providing facts about state and federal laws. The website has a searchable database of the regulations impacting “grandfamilies” — families with grandparents as immediate caregivers.
The directory covers all states and includes information about children who are part of the foster care system. Grandfamilies.org’s Law and Policy Center offers information to help you understand and navigate the legal system. The website’s publications and topic library contain information about issues affecting families where grandparents are responsible for children, such as adoption and kinship foster care.
- Caregiver Action Network —As a digital library and chat center, Caregiver Action Network supplies information about caregiving and helps individuals connect with others facing similar situations.
When you sign up for the Care Chat feature, you can communicate with other caregivers online, asking questions and posting messages and responses. The resource includes information about caring for children with disabilities and illnesses such as cancer. As part of its toolbox for caregivers, Caregiver Action Network also has a directory of financial and legal resources. You can also ask the Caregiver Help Desk questions and receive personalized responses.
This holiday season, if you are a grandparent who serves as a caregiver for a minor, or know someone who is a part of a “grandfamily,” consider connecting with your elder law attorney to learn more about resources available to you. The elder law attorneys with Elville and Associates will work with you to understand your family situation and dynamics, answer your questions, offer guidance, and create a path forward and solutions to your situation, offering much needed peace of mind along the way. Contact us here to learn more or schedule your initial consultation.
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November marks National Family Caregivers month. Studies show that looking after those with special needs exacts a toll on caregivers. This holiday season, shift your focus and remember that you must take care of yourself if you want to continue caring for others.
As the saying goes, “you can’t pour from an empty cup.” If you have been a caregiver for a loved one with special needs or chronic illness, ensure that you are healthy physically and mentally. Here are five tips that can help you prioritize self-care.
1. Know Your Limits.
It is admirable that you are caring for a loved one with special needs, but you must keep your abilities and skill set in mind. Even if you are a health care worker, you still may need to contact professional help in some situations.
Create and maintain a good relationship with your loved one’s medical team, and do not hesitate to contact their doctor when something is beyond your ability.
2. Try to Avoid Burnout.
The subject of burnout usually centers on stressful jobs that essentially cause workers to lose themselves in their work. Caregivers also face the risk of experiencing burnout, and the chances of burnout may be greater because some caregivers do not think they can stop working.
Burnout is mental, physical, and emotional exhaustion, which can come about for many reasons. Causes of burnout include:
- Trying to live up to unrealistic expectations, whether they are your expectations or those of family or friends.
- The inability to control your loved one’s condition, particularly if their condition worsens over time.
- Feeling unable to separate your role as your loved one’s spouse, partner, parent, child, or friend from the role of their caregiver. Setting boundaries is an essential part of making this distinction.
3. Lean Into Your Support System.
Part of caring for yourself is learning to delegate responsibility. It is impossible to do everything alone and maintain good mental health. If you have family members willing to take on some of the work and responsibilities of caring for a loved one with special needs, let them!
Similarly, make an effort to express your concerns and anxieties to your family and friends. Caring for a loved one with special needs is very stressful, no matter how rewarding in some respects. Remember that you are only human; it is OK to need a shoulder to cry on, a listening ear, and someone else to take charge for a while.
4. Create a Support System If You Don’t Have One.
If you do not have family support, create a support team by reaching out to other caregivers for loved ones with special needs. Various resources are available to help you create a network to lean on when caring for a loved one with special needs becomes overwhelming.
Among the online and in-person groups that provide emotional support, offer tips about caring for a loved one with special needs, and can point you in the direction of community resources if you need help caring for your loved one are the following:
5. Plan for the Future.
You cannot hold the reins forever, and you know that there is a possibility that you will need to choose someone to act as your special needs loved one’s caregiver in the future. The thought probably causes anxiety and contributes to your overall stress level. To alleviate that anxiety, start planning. One way to plan for the future is by creating a Memorandum of Intent.
A Memorandum of Intent guides future caregivers so that they know how to care for your loved one with special needs properly. You can include any information you think will be helpful for them, including a list of your loved one’s medications as well as their likes and dislikes, contact information for health care providers, their schedule of daily activities, and so on.
Take Care of Yourself This Holiday Season
This holiday season, remember that your loved ones are thankful for your care and attention. You owe it to yourself to be easier on yourself. Let your time with your family and loved ones remind you that you are not in this alone and you do not need to do everything on your own. Fill your cup with those around you, and you will see that you can better care for your loved one with special needs.
Stephen Elville, Managing Principal and Lead Attorney at Elville and Associates can work with you to devise a strategy that works best for your family and your loved one with special needs. As an experienced special needs planner and someone passionate about helping individuals and families with loved ones with special needs, Mr. Elville guides families and individuals through all matters related to caring for loved ones with special needs, including the planning process through client education, counseling, and leading-edge legal-technical knowledge, creating solutions to their needs and peace of mind along the way. Contact Mr. Elville here or reach out to his Executive Assistant, Mary Guay Kramer, at 443-741-3635 or at mary@elvilleassociates.com to schedule a free initial consultation today.
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A power of attorney is a document that grants various powers and responsibilities to a trusted third party or “agent” who can act on your behalf. This document usually only allows an agent to make non-medical decisions on your behalf. A power of attorney can be a valuable planning tool that lets you decide in advance who will manage your affairs should you become unable to do so. It can also be a way to avoid expensive guardianship or conservatorship proceedings if you become disabled or incapacitated.
The way a power of attorney is formalized varies from state to state. Some states have particular requirements and wording that must be in a power of attorney for it to be valid and accepted. You may have heard of the terms “springing” and “non-springing” power of attorney and wonder what they mean.
Springing Power of Attorney
A springing power of attorney is a document executed now, but that does not take effect unless the principal becomes incapacitated or a particular event occurs. This type of power of attorney is contingent on something specific happening before it comes into force. If the event or incapacity never occurs, an agent will not be empowered to act on behalf of the principal.
Many people want a springing power of attorney because they feel more comfortable knowing their agent can only exercise powers if a triggering event occurs. This can alleviate any concern that the agent may try to misuse a power of attorney.
A springing power of attorney is not always easy to use. Depending on your jurisdiction, it may be necessary to have a medical professional such as a doctor certify that a triggering condition has occurred.
Let’s say you become medically incapacitated. Where required, the professional will likely have to complete an affidavit attesting to your condition or that certain events occurred. Often, a medical professional will not be comfortable signing an affidavit or may require their own attorney to advise them on how to proceed. This can cause delays that can frustrate an agent’s ability to act, especially in time-sensitive situations.
Additionally, financial institutions may be reluctant to accept this type of power of attorney because it is difficult for them to judge whether you truly are incapacitated or if a triggering event has in fact occurred. A certain amount of caution on the part of financial institutions is understandable: When someone steps forward claiming to represent the account holder, the financial institution wants to verify that the individual indeed has the authority to act for the principal.
Non-Springing Power of Attorney
With a non-springing power of attorney, the agent has the powers granted in the document the moment it is signed by you and the agent(s) you designate. So, even if you are capable of signing for yourself or handling certain transactions, your agent could still sign for you without your involvement.
How Some States Approach Powers of Attorney
Many states have taken steps to address some of these problems. New York, for example, implemented a statutory form in 2021 that, if filled out and executed correctly, financial and other institutions will be more likely to accept. In particular, it has a provision where the agent agrees to reimburse the third party for any claims that may arise against the third party because of reliance on a power of attorney.
To help limit the potential for abuse by an agent, New York’s form also allows a power of attorney to be narrowly tailored to a specific purpose.
The laws of each state will vary when it comes to powers of attorney. For guidance on a Maryland springing or non-springing power of attorney, consult the experienced estate planning attorneys at Elville and Associates. They will partner with you to devise a strategy for your power of attorney and other estate planning documents that suit your situation. As experience estate planners led by Managing Principal and Lead Attorney Mr. Stephen Elville, you’ll be guided through all matters related to the estate planning process through client education, counseling, and leading-edge legal-technical knowledge, creating solutions to your needs and offering peace of mind along the way. Contact Mr. Elville here or reach out to his Executive Assistant, Mary Guay Kramer, at 443-741-3635 or at mary@elvilleassociates.com to schedule a free initial consultation today.
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Join us in our next installment of the Elville Webinar Series’ Wellness Series featuring Dr. Michelle Fritsch and Ms. Ellen Platt to discuss purpose and meaning.
The discussion will include paring down your “to-do list” and eliminating unfocused “busyness” to make room to hone in on the important aspects of our lives – to find fulfilment and meaning in what we do.
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
#elvilleeducation #elvillewebinarseriesElville and Associates’ Managing Principal and Lead Attorney Stephen Elville offers this webinar discussion about the very important topic of how to select a Trustee. Choosing a Trustee is one of the most intensive pieces of the estate planning process, and a choice not to be taken lightly. Ensure you’re educated about all the factors that go into making this important decision.
Points of emphasis include:
– What is a Trustee and what are their responsibilities?
– Types of Trustees and their characteristics – advantages and disadvantages
– The perfect Trustee – setting the benchmark for selection
– Trustee selection – why is it so important?
– Trustee succession and plan design – why so difficult, why so crucial?
– Trustee roles in Wills and Trusts
– What are some reasons to consider appointing a Corporate Trustee?
– Why should you be concerned about “Successor Trustee risk”?
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
#elvilleeducation #elvillewebinarseriesIdentity Theft: The Illusion of Privacy
Identity theft occurs when someone uses another’s personal identifying information, like their name, social security number or credit card number, to commit fraud or theft. Identity theft is one of the fastest growing crimes in the United States. A 2021 Javeline Strategy study estimates Americans lost a total of $56 billion dollars in Identity Theft scams. These alarming statistics demonstrate identity theft may be the most frequent, costly and pervasive crime in the United States. This presentation will cover the various types of identity theft, to include child ID theft, medical ID theft, tax ID theft and data breaches. The ease of accessing our personal information online and through public information resources will also be discussed.
Your presenter is Mr. Andre Lingham, Founder and President for the Center of Elder Justice and Education and a distinguished retired Howard County Police Officer. The Center of Elder Justice and Education was established in 2021 and is a non-profit organization that promotes elder abuse awareness and education. Their mission is done by virtual and in person training to senior citizens, the general public, government agencies, police departments and private institutions. Andre previously served over 30 years in law enforcement and retired from the Howard County Police Department in 2019 to focus full time on elder abuse awareness and education. While a member of the Howard County Police Department, he served as the Senior Citizen Liaison for 5 years. In 2014, Andre was named Howard Police Officer of the Year and 2015 American Legion Law Enforcement Officer of the Year for his work educating and protecting seniors
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
#elvilleeducation #elvillewebinarseriesMore Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
#elvilleeducation #elvillewebinarseriesMore Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
#elvilleeducation #elvillewebinarseriesDon’t Yet Want Your Heirs to Know About Your Assets? Use a Quiet Trust in Your Estate Plan
Trusts are great tools for leaving assets to your heirs while maintaining control over their access to those assets. In many cases, you would tell your beneficiaries that you have made a trust for them. However, this is not always desirable — and this is where a “quiet” trust may be helpful.
A quiet trust is a trust created much like other trusts, but with little to no notice given to its beneficiaries. A person, called a grantor, places assets in a trust managed by someone who is appointed as a trustee.
The trust document may provide that income will only be distributed to a beneficiary once specific conditions are met — for example, when the grantor passes away or the beneficiary reaches a certain age. It may further require that no information regarding the accounting of the trust, what the trust owns, or other details will be provided to a beneficiary until certain conditions or timeframes occur.
Advantages of a Quiet Trust
Many people turn to quiet trusts for their children or grandchildren. They want to avoid their heirs relying on these future resources and becoming complacent instead of developing themselves financially or professionally. The idea is that if the beneficiaries don’t know about the money, they will work harder to create their own wealth and develop good financial habits. Many trust grantors hope that this personal development will make it more likely that once their heirs receive income or assets in a trust, they will be better equipped to manage and preserve these resources.
In other situations, you may wish to keep a trust a secret as a matter of privacy. A quiet trust can control the number of people who know about the trust. This can prevent family disputes if one person will receive more than another. It can also prevent heirs from talking too much about what they may receive, misusing the information, or being taken advantage of. For example, some parents may be concerned about their children’s creditors or anyone trying to get close to them for the wrong reasons.
A quiet trust can shield your loved ones from these problems and help them overcome any disincentive to develop themselves to be the best they can be. In addition, just like an ordinary trust, a quiet trust can be used for estate tax planning and avoiding the lengthy and expensive probate process. Depending on how they are set up, quiet trusts can also delay when the assets are taxed as income.
When a Quiet Trust May Not Make Sense
However, there are situations where a quiet trust may not work for you or your family. For one, you may wish to involve your children in your financial planning or discussions about your assets.
Sometimes keeping information secret can also backfire. Your heirs may not be prepared for suddenly receiving large sums of money or investments if they are unaware of them. For example, if you leave them rental property and they have moved to another state by the time they receive it, they may not be able to manage the property easily.
The lack of disclosure may also create a certain amount of distrust or resentment.
Setting Up A Quiet Trust
How you set up a quiet trust will likely vary based on state law. The basic process involves drafting a trust agreement, transferring assets, and implementing the terms of the trust. You should ensure that the person you choose to manage your trust is someone on whom you can rely. The wrong person could mishandle assets, fail to keep proper accounting, or miss deadlines for filing tax returns.
This process is best overseen by an attorney and other professionals, such as a financial planner and CPA familiar with trusts.
For guidance on quiet trusts, consult the experienced estate planning attorneys at Elville and Associates, whose educational process and known throughout the mid-Atlantic as being unique in guiding individuals and families through the estate planning process. The education of clients and their families through counseling, client education, and superior legal-technical knowledge is the mission of Elville and Associates. Contact Elville and Associates today for your free initial consultation.
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If you have a child with disabilities, it is crucial to set money aside for the child’s future. At the same time, you need to consider your child’s access to public benefit programs such as Medicaid and Supplemental Security Income (SSI), as well as the state and federal tax implications. The two major vehicles to accomplish these goals, Maryland ABLE accounts and special needs trusts (SNTs), each have their advantages and limitations. Using them in tandem may be the optimal strategy for your child with special needs.
Achieving a Better Life Experience (ABLE): Pros and Cons
Patterned on Section 529 college savings accounts, ABLE accounts offer a tax-advantaged way for people with disabilities to put money aside in excess of the SSI program’s $2,000 resource cap without compromising their eligibility for government benefits like SSI and Medicaid.
Assets are allowed to grow, tax-free, inside the account, and withdrawals are not taxed so long as the money is spent on qualified disability expenses (QDEs) such as transportation, assistive technology, health and wellness, and employment support.
And, unlike a special needs trust, which leaves the account under the control of an assigned trustee, an ABLE account can be managed and controlled by the beneficiary once she or he comes of age. Being able to spend money without having to obtain a trustee’s permission translates into welcome financial independence for a person with a disability.
ABLE accounts are easy and inexpensive to set up. Almost all states now have ABLE programs, and if yours doesn’t, you can set up an account using the program in another state that accepts out-of-state account holders. For a directory of ABLE account programs, click here.
However, ABLE accounts have several serious drawbacks and limitations. The beneficiary with special needs is the owner of the assets but may lack the capacity to manage the money responsibly. The parents can petition to take on this role, but if they die before the beneficiary, the account would have to be managed through guardianship or conservatorship, which can be cumbersome. Alternatively, the Social Security Administration (SSA)-appointed Representative Payee can manage the account.
Perhaps the most significant drawback to an ABLE account is that the beneficiary must have become disabled before the age of 26 to qualify. Also, the beneficiary can only have one account and if its value exceeds $100,000, any benefit from the SSI program is suspended automatically. (Medicaid eligibility is not affected until the account’s value meets the state’s 529 account threshold — for example, California’s is $529,000). Annual contributions are limited to $16,000, as aligned with the federal gift tax exclusion. Lastly, most states that administer ABLE programs have a Medicaid payback provision upon the death of the beneficiary. This means the state can claim reimbursement, dollar for dollar, for any Medicaid funds that went to the beneficiary during his lifetime, if any money remains in the ABLE account.
Special Needs Trusts (SNTs): Pros and Cons
A special needs trust can be a way around these limitations. Unlike ABLE accounts, there is no limit to the size of the trust, and the funds can be used for almost anything a beneficiary needs to supplement his or her government benefits. Annual contributions are not limited as they are for ABLE accounts. Because the trust, and not the person with special needs, owns the assets, it is not counted against the beneficiary’s financial eligibility for SSI or Medicaid. Upon the beneficiary’s death, the assets in a third-party special needs trust can pass to the donor’s other relatives or anywhere else and are not subject to the state’s Medicaid payback provision (assets in a first-party special needs trust, which holds the beneficiary’s own assets, are subject to payback).
On the downside, as noted earlier, trust distributions are controlled by the trustee, not the beneficiary. Also, third-party special needs trusts do not enjoy the same tax benefits as ABLE accounts. Income over $4,300 is taxed at the highest rate (37 percent) for federal taxes, and state taxes may be due as well, although deductions apply that can lower this rate to the beneficiary’s tax rate. Assets within the trust do not grow tax-free over time but are subject to capital gains taxes, and these can be considerable. Because the property originally belonged to an owner other than the primary beneficiary with special needs, capital gains are assessed when the assets were originally purchased, perhaps at a very low cost if they were held over a long period of time.
You Can Have It All
The best solution is to use both. The ABLE account can be funded over time from the special needs trust, giving the person with a disability who has the capacity and ability to manage his or her own assets up to $100,000. This approach offers the best of both worlds: ensuring that the person with a disability is able to manage significantly more money in an ABLE account while at the same time preserving public benefits and having assistance in managing an entire inheritance in the special needs trust.
Stephen Elville, Managing Principal and Lead Attorney at Elville and Associates can work with you to devise the strategy that works best for your family. As an experienced special needs planner and someone passionate about helping individuals and families with loved ones with special needs, Mr. Elville guides families and individuals through the planning process through client education, counseling, and leading-edge legal-technical knowledge, creating solutions to their needs and peace of mind along the way. Contact Mr. Elville here or reach out to his Executive Assistant, Mary Guay Kramer, at 443-741-3635 or at mary@elvilleassociates.com to schedule a free initial consultation today.
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