Alabama Update Changes in the Law Affecting Seniors

Author

Aging in Alabama

For more information about the author, click to view their website: Aging in Alabama

Posted on

Jul 21, 2023

Book/Edition

Alabama - Gulf Coast

ALABAMA UPDATE – CHANGES IN THE LAW AFFECTING SENIORS

Every year, there are hundreds of laws considered by our government that are designed to improve the living conditions of our local seniors.  Several have passed or are in process of passage that have helped our area citizens live their best life. 

In March, 2021, the Elderly and Vulnerable Adult Act went into effect, authorizing financial institutions to delay or stop suspicious financial transactions. 

In June, 2022, the Alabama Legislature passed what is known as “Shirley’s Law”, which implemented an Elder Abuse Registry – the first of its kind in the nation.  All medical practitioners are required to report those they suspect are victims of abuse and there are criminal penalties for failure to do so.  Those who exploit seniors are placed on the list and all guardianship proceedings must come with clearance from Adult Protective Services that the proposed agent is not on the registry.  Named for a woman who was financially exploited by a caregiver, this law will help prevent vulnerable adults from being exploited in the future. 

The Alabama Legislature is considering the Colby Act – or an alternative to Guardianship and Conservatorship which would enable an adult to enter into an agreement with “supporters” who assist them in making decisions.  For many Alabamians, this is a welcome alternative.  For example, young disabled people who have the ability to achieve independence with help may use a supported decision making agreement to formally enlist those they trust to help them make the right decisions. 

 There are limits to what this Act can achieve.  For example, this alternative may not be a good fit for those living with dementia, who are not capable of making sound decisions regarding their health or finances and may require a court appointed guardian to ensure their life’s work is not wasted and they do not become exploited.

Do you know someone who you suspect is the victim of Elder Abuse? Call the confidential hotline at Adult Protective Services:  1-800-458-7214.

This article was submitted by Kyla Kelim with Aging in Alabama.  Contact Aging in Alabama at 251-281-8120.

Other Articles You May Like

Estate Plan Check-Ups

Estate Plan Check-UpsEffective estate planning is personal, and its more than just deciding who to leave your assets to once you die.  Effective estate planning  is a comprehensive process that encompasses pre-need planning: health care decisions, financial management, and maintaining a delicate balance between independence and security.  Like your preventive doctor visits, you should regularly check in on your estate plan to ensure it fits your current needs, considers and plans for potential future care needs, and will give effect to your wishes now and in the future. Generally, estate planning involves creating a last will and testament, possibly a revocable trust, possibly an asset protection trust or a supplemental needs trust for a loved one who is unable to manage finances or may be vulnerable to abuse or exploitation.  Estate planning also involves important advanced directives, such as a durable financial power of attorney, a health care power of attorney, and a living will.   Creating an estate plan, or getting my affairs in order, tends to be an item on our to-do lists, for us to get done and move on to the next thing. However, while it may not be something you have to look at every month, or even every year, once your initial estate plan is completed, it is something that needs to be reviewed with some regularity.Most people get an annual physical when they are healthy, not when they are sick. They do this because they want to proactively spot any issues that could cause them to become ill in the future. The same concept can and should be applied when it comes to reviewing and updating your estate plan. Your estate plan may be healthy now, but you want to make sure that it stays that way by checking it regularly, to ensure it fits your needs and family circumstances, protects and provides for you now, and  accomplishes your goals and wishes in the future. Editors Note: This article is for informational purposes only and is not intended to be legal advice.  This article was submitted by Ashley Day, Esq.  Ashley Day Law, LLC.  Reach her at 251-277-3377. 

A Will or a Trust- Which One Is Bet For You?

A  Will or Trust: Which is Best for You?When it comes to deciding whether a will or trust is best for you, it is important to understand your options and which one is most appropriate for your situation.WillA testamentary will (simply referred to as a will) is a legal document used to transfer an estate to beneficiaries after the death of the testator (a male person making the will) or testatrix (a female person making the will). Within the will, the testator or testatrix usually names a personal representative (same as an executor) for the estate. For a will to be valid in Idaho, it must meet specific requirements under Idaho law. Revocable Living TrustsA person, during his or her lifetime, may create a revocable living trust whereby the grantor (the person making the trust), trustee (the person who has legal authority to manage the trust assets) and beneficiary (the person who makes use of the trust assets) are all the same person.  After the grantor dies, depending on the trust instructions, the trust assets may be distributed outright or held within the trust and distributed over time or upon the happening of a designated event. Revocable living trusts may be appropriate for persons who own real property in more than one state or have a blended family where spouses have children from prior relationships.Testamentary Trusts A testamentary trust is a trust within a will. A testamentary trust is created upon the death of a person as specified in his or her will. The testamentary trust holds assets within the trust instead of outright distribution to a beneficiary. A common scenario is when parents create a testamentary trust to hold assets for the support of minor children or for college education for children until they reach a specified age. A testamentary trust can also hold assets for the special needs of a disabled child who receives government benefits. Does Having a Revocable Living Trust Eliminate Probate?To avoid the probate process, all assets must be transferred into the name of the revocable living trust. A common misconception is that a list of assets attached to the trust document accomplishes a transfer to the trust. However, the correct way to transfer assets requires an actual change to the title of assets including a home, certificate of deposits, bank accounts and brokerage accounts. Upon death, any assets titled in the name of an individual, not the trust, will be subject to the probate process. For this reason, when a person creates a revocable living trust, it is best to also create a will, called a pour-over-will, as a safety net to assure that upon death any assets titled in the name of an individual are transferred to the trust and distributed accordingly. In Idaho, generally speaking, the probate process can be quite simple and relatively inexpensive.A New or Updated Estate PlanWhether a will or trust is appropriate for you depends on your circumstances. If you already have a will or trust, it should be reviewed periodically to make sure it reflects your current wishes and needs or upon any significant change in your life such as divorce or death of a spouse or beneficiary. Other important estate planning documents include a general durable power of attorney, living will and durable power of attorney for health care. This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, probate, trust administration, elder law, and guardianship. Donna Schuyler Law, PLLC; www.elderlawboise.com; Phone 208-344-1947

How Do I Know How Much Renters Insurance to Buy?

How do I know how much renters insurance to buy? Tips to help choose accurate, appropriate limits for your personal property and liability coverage. You've followed your rental guide and it's time to move in! Your furniture is in place, the utilities are hooked up and your rental unit is starting to look like a home. And now you might be asking yourself do I need renters insurance? It is estimated that 56% of renters do not have renters insurance. A renters policy is more important, accessible and affordable than you might think, and in some cases, renters insurance is required by landlords. But renters are often unclear about what renters insurance is, what it covers and how much they need. What does renters insurance cover? In short, renters insurance covers what you own. Most landlord's insurance covers only the building and damages due to negligence. Getting coverage for some of the most common causes of property damage and loss such as theft, vandalism and fire is entirely up to you. Without renters insurance, you may have to bear the financial burden of a loss on your own, including the cost of a hotel stay if you cannot live in your apartment while repairs are made. Want to protect your stuff? Most renters' belongings cost more than they think. The average person has $30,000 worth of belongings that are probably not covered by a landlord's policy. Take a moment to add up the approximate cost of your computer, television, stereo, furniture, jewelry and clothing. If a fire gutted your apartment tomorrow, would you have the cash to replace it all? Renters insurance also covers much more than just your personal property. The average policy can include up to $100,000 in liability coverage. That means in the event of a covered loss, your insurer will help cover the costs if you're held responsible for injuring another person or damaging another person's property. Moreover, this coverage applies whether the incident occurred within your residence or elsewhere. Be sure you have coverage against the unexpected with renters insurance. Get a free quote now. How much renters insurance do I need?Renters insurance is relatively inexpensive. According to NerdWallet, the average renters policy costs about $15 per month for up to $30,000 in personal property coverage. That's solid coverage for less than the cost of a few cups of coffee a week. Here are some tips to help you determine your insurance needs. Complete an inventory of your possessions. Personal property coverage is probably the main reason most purchase a renters policy. The coverage will reimburse you for covered loss, damage or theft of your personal possessions up to a certain dollar amount. Completing a home inventory is a good way to determine how much property coverage you need. This inventory lists your personal possessions, along with details about their age, purchase price or current value and other identifying information. While youre at it, take pictures or a video of your property. Check with your insurance agent about discounts. Many insurers offer significant discounts if you buy more than one policy with their company. For renters, this usually means purchasing auto insurance with a renters policy. But life, business and other plans may also qualify. Choose the right deductible. A deductible is the amount of a covered loss that you pay out of your own pocket. In other words, it's the amount "deducted" from any payout by your insurer. For example, if a fire causes $1,500 in insured damage to your personal property and your deductible is $500, then your insurer will pay you $1,000. Your renters insurance premiums will reflect the deductibles you agree to pay. Lower deductibles mean higher premiums; higher deductibles mean lower premiums. Keep in mind that an insurer will not reimburse you for a loss amount that is lower than the deductible. This means if your deductible is $2,000 and you suffer $1,750 in losses, then you are entirely responsible for those costs, even if the cause of the loss is covered by your policy. When choosing a deductible, think carefully about the out-of-pocket costs that you are willing, and able, to pay. A disciplined saver may be able to offset the greater risk of a high deductible with cash reserves. Others, however, will have to balance the benefit of a higher deductible against the risk of greater out-of-pocket expenses. Assess your liability. Your renters policy's liability coverage may protect you if someone injures themselves in your home. It may also protect you in case you cause damage to others' property. Some policies will pay for defense and court costs in addition to settlement costs. The typical renters insurance policy offers $100,000 in liability coverage. For renters, this amount is often sufficient. However, if you entertain company frequently at your home or if your assets exceed your limit, you should consider a coverage amount equal to at least the total value of your assets.Supplement coverage if necessary. Keep in mind that your policy will exclude certain perils (such as earthquake and flood losses), limit coverage on some items (such as computers, firearms and silverware) and might not cover a business in your home. If you have special insurance needs, talk to your agent about extending limits or adding separate policies. And finally, where your apartment is located will play an important role in determining your renters insurance rates. Prices will vary based on your state, city and neighborhood. Safer locations might mean lower rates, so renting in a low-crime area near a fire station might save you money. Your rates will also reflect the safety of the rental property itself. For example, an older, unrenovated building might have a higher risk of electrical and plumbing issues, and that can mean higher rates. Fortunately, steps as simple as installing smoke detectors and fire extinguishers in your apartment may mean real savings, even if you do rent an older property. This article was contributed by Laurel Flowers State Farm Insurance Agent located in Saraland, Alabama.  You can contact Laurel Flowers State Farm team for a renters insurance quote.  Call 251-675-4736.  

Local Services By This Author

Aging in Alabama

Conservatorship 68 N Bancroft St, Fairhope, Alabama, 36532

Aging in Alabama is a full service elder law firm offering simple and custom solutions for clients and their caregivers who have real problems with nursing home Medicaid qualification, discharge, appeal, and disputes, as well as a variety of planning services, and estate and probate solutions, to preserve and protect your life's work.Alabama Rules of Professional Responsibility require the following: "No representation that the quality of legal services to be performed are greater than the legal services performed by other lawyers."

Aging in Alabama

Elder Law 68 N Bancroft St, Fairhope, Alabama, 36532

Aging in Alabama is a full service elder law firm offering simple and custom solutions for clients and their caregivers who have real problems with nursing home Medicaid qualification, discharge, appeal, and disputes, as well as a variety of planning services, and estate and probate solutions, to preserve and protect your life's work. Alabama Rules of Professional Responsibility require the following: "No representation that the quality of legal services to be performed are greater than the legal services performed by other lawyers."

Aging in Alabama

Medicaid Attorney 68 N Bancroft St, Fairhope, Alabama, 36532

Aging in Alabama is a full service elder law firm offering simple and custom solutions for clients and their caregivers who have real problems with nursing home Medicaid qualification, discharge, appeal, and disputes, as well as a variety of planning services, and estate and probate solutions, to preserve and protect your life's work.Alabama Rules of Professional Responsibility require the following: "No representation that the quality of legal services to be performed are greater than the legal services performed by other lawyers."