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US Debt Rating Downgrade

By Jordan Myers

You don’t have to be an investment guru or savvy Wall Street investor to have heard S&P or S&P 500. The chances are, though, that you probably don’t know much about what that means. S&P stands for Standard & Poor’s, which is a United States-based financial services company. It is well known for its stock market indices domestically and abroad. An example of such is the S&P 500, which is a collection of 500 “large-cap” common stocks. Typically a “large-cap” stock is that of a publicly traded company whose market capitalization is between 10 and 100 billion dollars approximately.

Standard & Poor’s is one of the “Big Three” credit rating agencies along with Moody’s Investor Service and Fitch’s Ratings. If you have been following the news, then you know that earlier this month Standard & Poor’s downgraded the United States debt rating for the first time in history. This downgrade occurred surrounding the impasse that was presented around the resolve of the issues with the nation’s debt ceiling. Some experts are claiming that there could be a rise in mortgage and home equity lines of credit interest rates being that these rates are usually pegged on Treasury Bonds. There are many speculations but at this time no one knows for certain the implications that will come along with the reduction in the nation’s debt rating.

The silver lining to the cloud is that, although Standard and Poor’s downgraded the US debt rating from the highest possible AAA rating to AA+, Moody’s and Fitch both have kept the nation at a AAA rating. Many investors, and consumers, are clinging to the hope that legislation will be enacted to reduce government spending, lessen the burden of the national deficit, and return the nation’s debt rating to where it once was to prevent any further imposition on the consumer.

Although this isn’t an illustration of a disaster affecting the elder community exclusively, it is surely an example of how a lack of planning can orchestrate a grave disaster. Maybe the government should have started earlier to get their ducks in a row, rather than later!

 

A free coffee for your thoughts about senior care services

By Kathy Cooper

I don’t know about you, but when I plan to buy something new, like a TV or a blender, the very first thing I do is check the reviews on Amazon.com.  If a reviewer is either very positive or very critical of the product, I take their review into account.  If there are too many negative reviews, then I will probably not buy that product.  Further, a lot of positive reviews are often more important to me than saving a few dollars.  I also try to endorse products on Amazon.com that I like and you can be sure that I give my $.02 if I don’t.

Now you have the opportunity, according to Elderlaw Answers, to tell about your experiences and give your review about healthcare service providers … and get a free Starbucks coffee as part of the bargain.  You have to have some hands-on experience and you have to sign up on the site, but it’s free.  Here’s the link:  http://www.caring.com/review_submissions/giftcard?utm_source=aaron

Will this make a difference in the overall scheme of healthcare providers and what they do day to day?  It looks like this website is just getting started, but I hope so.  I hope this is only the beginning of senior websites that give you the opportunity to make a difference with your reviews.  If you know others, please add them in our comments.

After all, these reviews can help us all get our ducks in a row!

 

I don’t want my parents in a nursing home – are there options?

By Attorney Elizabeth Durnell

When I meet with my elderly clients and their children, the statements I hear most often are “I don’t want to go to a nursing home” or “My parent will not go to a nursing home.”  If you are like these clients and their children, you want to know if you have options other than a nursing home to help care for yourself or your parent.

Luckily for you, there is a program run by the state of Ohio called PASSPORT or Pre-Admission Screening System Providing Option and Resources Today.  This is a Medicaid program in which an elderly person can receive a certain amount of in-home care a week.

When the state created the new budget earlier this summer, the legislatures cut the budget for nursing home Medicaid, but left PASSPORT untouched.  This is due to the fact that in-home care costs about one-third of the cost to care for someone in a nursing home.

This in-home program benefits not only the elderly parent who does not wish to enter a nursing home, but also the children who, as much as they would like to honor their parent’s wishes, may be worn out by taking care of not only their parents, but also their own children and grandchildren.

If you are in this situation, please contact Cooper, Adel & Associates for a free consultation to determine what your options are.

 

Five Areas to Study When Purchasing an Index Annuity

By Julian Guilfoyle

“Retirement at sixty-five is ridiculous.  When I was sixty-five I still had pimples.” -George Burns (1896-1996)

Most of us will not experience the longevity that Mr. Burns enjoyed, but as medicine continues to improve and our life expectancies rise, there is some truth to the notion that sixty is the new forty.  The main negative consequence resulting from this is the potential for people to outlive their assets.  When index annuities were created in the mid 1990s, they were partly designed to address this very issue.

Index annuities are complex financial instruments designed to provide the benefits of both fixed and variable annuities.  People who have index annuities participate in the gain of an index; the most popular being the S & P 500.  Just as important, they do not experience loss when the index goes into the negative.  Index annuities became increasingly popular after the tech boom of the late 1990s when the bubble popped and investors were devastated.  In the last decade they have grown further as the market has been hit with the events of 9/11, the housing bubble, and just a month ago, the decline in our country’s credit rating.

For younger people beginning to plan for retirement, it still makes a lot of sense to invest directly in the stock market.  They can withstand the wild swings of the market because they have a lot of cycles still to go.  For retirees or people nearing retirement, this is not the case.  There is a breakeven point at which individuals need to move from growing their assets to preserving and protecting the assets they have accumulated.  When you reach this point, index annuities are a sound way to invest.  When you are contemplating the purchase of an index annuity, make sure you understand at least the following:

1. What are participation or cap rates?

The Participation Rate refers to the amount of gain in the index that will be credited to the annuity.  For example, if the participation rate is 75% and the index experiences a gain of 10% percent, the annuity will be credited 7.5%.

 

A Cap Rate refers to the maximum interest the index can gain.  If the index has a gain of 10%, and the cap rate is 6%, the annuity will be credited 6%.

2. What indexing method is used?

There are different ways of determining the performance of the index.  The major methods are as follows:

  • Point-to-Point – Compares the change in the index between two points in time.  For example, if the index annuity has a monthly Point-to-Point measurement, the gain or loss will be credited monthly.  If it is a one-year monthly cap strategy, each month’s performance is added together for the year.  For instance, if the rates are as follows:
January     4%

February   5%

March      -10%

April            7%

May            3%

June          -6%

July             8%

August     -6%

September   -5%

October          7%

November     4%

December    -5%

The interest accrued in this year would be 6% (sum of each month).

  • Annual Reset – Compares the change in the index on an annual basis.  Thus, if the index in year 1 experiences a gain of 5%, this value is locked in and becomes the new contract value.  If in year 2 the index falls 4%, the annuity is credited in year 2 is 0%, but keeps the year 1 increase of 5%.
  • High Water Mark – Credits the highest interest rate received at each measured point to the following term.  For example, if the highest interest rate for the year occurs in December at 8%, 8% is the interest credited.  This is the value used for the following year.

NOTE:  Different fees, caps and participation rates accompany each of the indexing methods, always make sure you are looking at the overall plan.

3. What are the surrender penalties?

Most index annuities contain penalties triggered by an early partial or total surrender of the annuity.  In some cases, any interest that is not credited at the time of the surrender could be lost.

4. What fees could I incur?

Most index annuities contain fees for riders that can be attached to the base index annuity.  Probably the most popular rider, the guaranteed income for life rider can ensure that you and/or your spouse do not outlive your assets.  These riders generally contain a fee taken off the interest the annuity has gained.  There are some companies that do waive these fees when the annuity produces no gain for the specified time period.

5. How does this fit into my overall strategy?

This is the most important area to consider.  There is no product or strategy that can protect you from everything or address all of your concerns.  You want to make sure that your advisors, both legal and financial, are communicating and coordinating your strategy to minimize taxation, address potential health care concerns, and avoid high administrative costs.

Only you, working with the best legal and financial team, can get your ducks in a row.

Texting for Boomers

By Shelley Rose

Have you noticed that more often than not you see your children or grandchildren on their cell phones these days?  However, they are not talking to anyone, they are actually TEXTING people!  Now, texting may be quite intimidating for many of us, so I have provided some texting slang for baby boomers so we can impress everyone around us!

NSR = Need some roughage

T4W = Time for whiskey

TXT L8R = Can’t find reading glasses

WWIS = What was I saying?

IV-NV = My kid’s going to big-name college, neighbors jealous

JDTV? = Which channel has a Judi Dench movie tonight?

M = Margaritaville

X2EZ = Crossword puzzle too easy

WILMA! = Lost my keys

WSWS = Wearing socks with sandals

GOTMG = Going out to mulch garden

VROOM! = Got tires rotated

RB<DM = Russell Brand is no Dudley Moore

80/20 = Spouse doing more and more of the talking

NPR = Sleep aid; no prescription required

ARF :-) = Dogs don’t talk

]CVG[ = Stuck in Conversational Vise-Grip

DdoTH = Don’t do the Hustle, ever

VCR Rut = Watching “Caddyshack” tonight

Ahhh = Memorable smoke smell wafting from my kids’ rooms

Brrr = Wearing socks to bed

TN2WMP = Trying not to wet my pants

PNP = Peeing in pants

[------] = Another funeral, can’t play poker/bridge/Scrabble ♦

Dividing a Loved One’s Estate…

By: JM Megail Gaumer

Many people can relate to difficulty of dividing up personal possessions of a loved one at their death.  This time is difficult enough without the added burden of fighting over who is to get the tea set.  Some families have problems with one child manipulating mom or dad at the end stages of their lives, making it even more difficult.  While nothing can make up for that, there’s now “an app for that”.  This app promises to evenly and fairly divide the personal property that remains once mom and dad are gone.  The app is a new on-line auction application called eDivvyup, which touts ease of use, amicable means of resolving potential relationship destroying family feuds all the while uniting families.

If you would like to learn more about this application click the link here http://www.edivvyup.com/edivvyup_overview.php .   Note that this is neither an endorsement nor an advertisement for eDivvyup.  In our practice, we have many options to deal with situations that arise after death.

If you would like to review your current estate plan with one of our attorneys, including how to distribute your personal possessions, please contact us.

A visual representation of the U.S. Debt

The graphics visualize the current U.S. debt ($15 trillion and growing) in volumes, using the $100 bill as a building unit. The blocks of bills start off small enough–a million dollars does really fit into a couple of briefcases–but it rapidly spins out of control. It would be hard to single-handedly sneak off with a $100 million dollars, it would take a whole SWAT crew to smuggle $1 billion, and you’d need a whole fleet of freight trucks to ship $1 trillion. The nation’s debt measures up to the Statue of Liberty, while $114.5 trillion–the amount of money needed to keep Medicare, Medicare Prescription Drug Program, Social Security, Military and civil servant pensions afloat–soars past the WTC towers. In short, “it is the money USA knows it will not have to pay all its bills.” Way to be a bad news bear.

If you think that’s amazing, check out USdebt.kleptocracy.us for a more detailed visualization.

Ohio’s Medicaid Estate Recovery: An Unlimited Statute of Limitations

By Attorney Dan Vu

If a creditor believes that you owe them a debt of some kind, you would expect that at some point the creditor would have to contact you and demand payment. In fact, as commonly understood, the creditor would have to do that within a number of years or the statute of limitations would run. Unfortunately, when it comes to Ohio’s Medicaid Estate Recovery, this rule does not applies. Medicaid Estate Recovery is the program administered by the Ohio Attorney General to collect assets left to the Medicaid recipient’s beneficiaries.

In the recently decided case, In Re Centorbi (May, 2011), the Ohio Supreme Court overturned the lower court’s ruling that limited the State from initiating recovery after a one-year period from the date the Medicaid recipient dies. Instead, the Ohio Supreme Court held that the State could initiate recovery at any time after one-year from the date of death, so long as the person responsible for the estate has not filed the appropriate forms. Once the forms are then filed, the State still has one-year to collect; if that one-year period has run, the State has an additional 90 days.

Since many beneficiaries do not even know a debt is due, these forms are rarely filed without the urging of a knowledgeable attorney. The impact of this is that the State can, at anytime – even decades after the death of a Medicaid recipient – pursue the beneficiaries of the estate for what they received. With this potentially unlimited statute of limitations on Medicaid Estate Recovery, the State of Ohio has truly become one of the most aggressive estate recovery states.

 

Fire Safety Facts For People 50-Plus

By Roy Whited

Each year, approximately 1,100 Americans ages 65 and older die as a result of a home fire.  Compared to the rest of the U.S. Population:

  • People between 65 and 74 are nearly TWICE as likely to die in a fire.
  • People between 75 and 84 are nearly FOUR times as likely to die in a fire.
  • People ages 85 and older are more than FIVE times as likely to die in a fire.

These facts, combined with the knowledge that adults ages 50 and older are entering and caring for this high risk group, inspired the U.S. Fire Administration (USFA), a division of the Federal Emergency Management Agency (FEMA) and part of the U.S. Department of Homeland Security, to develop a national public safety campaign for adults ages 50 and older, their families and caregivers.  USFA encourages you to:

Smoke Safely:

Careless smoking is the leading cause of fire deaths and the second leading cause of injuries among people ages 65 and older

  • Never smoke in bed.
  • Don’t smoke when feeling drowsy
  • Use deep ashtrays
  • Don’t walk away from lit cigarettes

Cooking Safely:

Cooking is the third leading cause of fire deaths and the leading cause of injury among people ages 65 and older.

  • Never leave cooking unattended
  • Always wear snug fitting clothing
  • Never use your range to heat your home
  • Double check the stove before you go to bed.

Heat Your Home Safely:

Heating is the second leading cause of fire death and the third leading cause of injury to people ages 65 and older.

  • Keep fire in the fire place
  • Space heaters need space
  • When buying space heaters make sure they have automatic shut off.

For more information on fire prevention, please contact www.usfa.fema.gov/50plus

In the meantime:

  • Have smoke alarms on every level of your home.
  • Have home fire escape plan and practice the plan.
  • Have home fire sprinklers installed if at all possible.

Proper planning can help prevent a fire disaster in your home and to your family.  Also proper planning can help you protect your home and your money from being lost to a health care disaster.  Including a costly nursing home stay.  Call our office today and schedule a free consultation.

Some Friday Fun Facts .. Boomers as Silver Surfers?

By Robin Courch

One Baby Boomer is reaching the age of 65 every eight seconds since January 1, 2011, according to the January/February issue of the AARP Bulletin.  That’s more than 10,000 per day.

Adults 50 and older own 65% of the aggregate net worth of all US households (US Consumer Expenditure Survey)

One-third of the 195.3 million Internet users in the US are adults aged 50+ (aka Silver Surfers”) and represent the Web’s largest constituency (Jupiter Research)

“Boomers” were born between 1946 and 1964.

By 2015, those aged 50 and older will represent 45% of the US population (AARP)

The boomers were the first generation with significant spending power, and that combined with their numbers fueled the growth of massive marketing campaigns and the introduction of new products, along with new terminology, such as “pop group” and “Hippie, ” some of whom progressed to “Yuppie.”

See “The Baby Boomers” full story: http://bulldog2.redlands.edu/fac/diane_macunovich/web/baby_boomers.pdf

Now, boomers are retiring at a time when their savings have been decimated by the recession, pensions are vanishing, home values have declined, jobs are being lost and new ones are scarce.  Health care costs are rising and the future of Medicare, Social Security and Medicaid are uncertain.

Boomers range from healthy and active individuals living at home to nursing home residents.  They range from the financially needy to the wealthy, well educated to illiterate, mentally alert to those with dementia.

Every family’s situation is different and there are no simplistic answers, however we haven’t even scratched the surface of new tools and technologies to aid us in the science of aging. The arena for research, development, design, testing, and launching of products and services geared toward the “boomer consumer” is vast and boomers are the ones driving the demand, since after all we will be the end users.  I have confidence and great hope for a better way of growing old.

 



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