How to Seek an Assisted Living Waiver

Many aging Americans would like nothing more than to live out their days in their own homes. Unfortunately, as individuals age, this goal becomes more and more unrealistic. This is because the older an individual gets, the more difficult everyday functions, such as preparing meals, toileting, and paying bills, becomes.

For these individuals, a good option may be Assisted Living. Assisted living allows seniors to live in a home-like setting, while also receiving necessary personal support services. Assisted living is a good alternative to a nursing home because it is less expensive and allows seniors to retain a degree of independence.

The Assisted Living Medicaid Waiver program assists seniors who choose assisted living but may be at risk of requiring nursing home placement. In order to qualify for this program, individuals must meet financial and physical eligibility requirements. Seniors who participate in this program must be living in an assisted living facility. If a senior is selected to participate in this program, he or she will be assigned a caseworker who will design a unique care plan for him or her. This care plan may include services such as assistance with grooming and bathing, preparing meals, cleaning, health services, transportation, medication administration, and social activities.

The Medicaid Assisted Living Waiver program is provided through each state, individually. Therefore, in order to see if you qualify, contact your local Area Agency on Aging.

October 11, 2013

Your Joint Accounts and Estate Tax Planning

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October 9, 2013

Three Ways to Transfer Your Family Business

For family business owners, estate planning is crucial to the success of the business. If you have not already drafted an estate plan that includes the succession of your business, begin today. Not only will early planning allow you to slowly implement the plan, thereby increasing its chances of success, but early planning will also ensure that your family’s main source of income is protected.

The first step is considering how you would like to transfer your business. This article discusses three common options:

1. Sell Your Business Outright
One way to transfer your family business to your children is through selling them your interest, outright. This is a good option for those who need income from the business, such as retirees. Importantly, if you decide to sell your business, you must sell it at its fair market value. If you fail to do so, you may trigger gift taxes.

2. Use a Buy-Sell Agreement
Buy-sell agreements are ideal for those business owners who have selected the person they would like to transfer the business to, but who are not quite ready to hand over thereins [MM1] . In a buy-sell agreement, a business owner can specify that, after a triggering event, the designated successor will be required to purchase his or her interest in the business. Common triggering events include retirement, incapacity, and death.

3. Transfer Through a Living Trust
Ownership in a business can also be transferred through a living trust. In order to do this, the business owner must first transfer the business to the trust, then name the intended successor as successor trustee to the trust. Prior to the business owner’s death, he or she would serve as both trustee and beneficiary of the trust. This allows the owner to run the business as normal for as long as he or she chooses. It’s very important that the trust agreement contain carefully-drafted provisions concerning the operations of the business and how ownership decisions get made if the owner becomes disabled or dies. And if the business is taxed as an S corporation, more specific tax-oriented provisions are necessary.

October 8, 2013