Hurley Elder Care Law Newsletter - December 2017
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December 2017   

Dealing With Properties in Other States- How Preplanning Can Help You Avoid Multiple Probates

If you own property in different states (say you live in New York but winter in Florida or live in Georgia but have family property in Ohio), your estate could be complicated for those that survive you one day. Real estate is governed by the laws of the state in which it is located, not by the laws of the state where the owner lives. Thus, when a person dies, probate must be done in the state where they live and also in the state(s) where any of their property is situated. Although doing probate in one state is usually not too big a deal, having to deal with two separate state processes can be quite a headache.
Probate in a second (or third) state is called “ancillary probate.” Probate begins in the state where the deceased lived, and then the ancillary probate process is started in the state(s) where the property is located. This process often means more bother and expense for the executor of the estate, and the executor will likely need to find an attorney in the other state to help handle the probate.
Many property owners don’t think about this complication, but it is good to know that this problem exists and that there are simple ways to avoid ancillary probate. Here are two possible ways you can avoid a complicated probate situation when you own property in different state(s):

- Owning the property as joint tenants with someone else. This option allows you and another person(s) to own the property. At the time of death, the property can transfer to the other joint owner and not have to be probated.

- Putting the property in a trust. Assets held in a trust are not part of the probate process.  Those assets are distributed pursuant to the trust instructions, and this process negates the need for any probate process even for property located out-of-state.

  The need for ancillary probates can be avoided as long as some proactive planning is done. If you are ready to create a plan, or if you just have a few questions, please contact our office at (404) 843-0121 for a complimentary phone consultation.

Family Business This holiday season, rather than exchange gifts among each other in the office, we decided to particpate in Cherokee County Senior Services' Adopt a Senior 2017. We adopted four seniors and got them items that will hopefully bring some holiday cheer. Cherokee County Senior Services had over 250 seniors adopted! Participating in this program really helped us experience the wonderful gift of giving to others. From our Hurley Family to yours, we wish you Happy Holidays and a propserous New Year!
Events Open to the Community:
Tuesday, January 16th-Join Danielle Humphrey, JD, CELA, for a complimentary presentation on "VA Aid and Attendance, Making the Most of Your Past Service"

The "Aid and Attendance" benefit is one of the VA's best-kept secrets from our retired service men and women. War time veterans over age 65 who require the "aid and attendance" of another person to meet their needs may receive as much as $2,127 per month to help defer the cost of long-term care expenses such as home care, assisted living community fees and nursing home costs. Surviving spouses can qualify for up to $1153 per month. Learn more about this "hidden benefit" and other non-service related benefits. 1:30-3:00 PM- Presentation. Forsyth Senior Services, Sexton Hall, 2115 Chloe Road, Cumming, GA 30041. RSVP: 770-781-2178. This event is free and open to the public.
Tuesday, January 23rd- Join Joanna Hurley for a complimentary presentation on “Tough Conversations: Georgia Advance Directives”
Do you know who would be making your healthcare decisions if you were unable to communicate? State regulations about who can step-in and make your healthcare decisions may go against what you want. Learn why you need a Georgia Advance Directive for Health Care and what can happen if you don't have one and cannot express your wishes. Also learn the new changes with Georgia's Uniform Power of Attorney Act. We will discuss what it means for you and what actions you should take. 10:30-11:30 AM- Presentation. C. Freeman Poole Senior Center, 4025 South Hurt Road, Smyrna, GA 30082. RSVP: 770-801-3400. This event is free and open to the public.
Tuesday, January 30th- Join Danielle Humphrey, JD, CELA, for a complimentary presentation on “You Don’t Know What You Don’t Know- The Importance of Being Educated Prior to a Crisis
The options for paying for long-term care are limited. Did you know that Medicare will not pay for home care or assisted living community care? Do you know what Medicaid provides? Most families do not realize their limited options until they are in a crisis- usually when their loved one is about to be discharged from a hospital. Making decisions while in crisis can be stressful and result in bad choices. This seminar is intended to provide information prior to a crisis. Learn about important documents such as healthcare and financial Powers of Attorney and how to best find, get and pay for good long-term care. 6:30-7:30 PM- Presentation. Arbor Terrace Cascade, 1001 Research Center Atlanta Drive SW, Atlanta, GA 30331. RSVP: 404-691-0304. This event is free and open to the public.

CEU Events for Healthcare Professionals:

Thursday, January 18th- Join Danielle Humphrey, JD, CELA, for a Complimentary CEU on “The Dementia Maze: Understanding the Options and Cost of Care” at Arbor Terrace of East Cobb
Every 67 seconds someone in the U.S. develops Alzheimer’s disease, and one in three seniors will die with Alzheimer’s or another dementia. The purpose of this activity is to review the basics of Alzheimer’s disease and then analyze the finanical impact of the disease to families and employers
as well as those affected by it. Knowing the options available and planning for the unexpected loss in functional and cognitive capacity is the best way for healthcare professionals to advise their patients and families. The earlier you plan, the more options are available. Dementia is hard enough when there is a plan in place; dementia with no plan will leave families exhausted, stressed and finanically strapped. CEUs available: 1 core hour for social workers; 1 contact hour for case managers and RNs. 11:30 AM- 12:00 PM Registration & Lunch. 12:00 PM- 1:00 PM- CEU Education. Arbor Terrace of East Cobb, 886 Johnson Ferry Road, Marietta, GA 30068. RSVP: or Carrie at 770-977-4420.
 Thursday, February 1st- Join Danielle Humphrey, JD, CELA, for a Complimentary CEU on “The New Aging Family: Elder Care in the 21st Century” at Somerby Sandy Springs
Healthcare professionals are being challenged with meeting the needs of an older population that is living longer with more complex issues and fewer family supports than ever before. Do you ever feel overwhelmed/lost when dealing with this population? This seminar will offer guidance for professionals dealing with the new aging family. We will explore elder orphans, elderly immigrants, and blended families. CEUs available: 1 core hour for social workers; 1 contact hour for case managers and RNs. 5:00 PM- 5:30 PM- Registration & Dinner, 5:30 PM- 6:30 PM- CEU Education. Somerby Sandy Springs, 25 Glenlake Parkway NE, Atlanta, GA 30328. RSVP:
 Thursday, February 15th- Join Danielle Humphrey, JD, CELA, for a Complimentary CEU on “Healthcare Laws Every Provider Should Know: 2018 Update” at Brighton Gardens of Buckhead
The laws and regulations impacting healthcare providers and consumers are constantly changing, both at the federal level and within our state of Georgia. Our 2018 update will feature an in-depth review of the new Georgia Uniform Power of Attorney Act which provides greater protections for individuals executing a financial POA, the Notice of Observation Treat and Implication for Care Eligibility Act (NOTICE Act), an analysis of Medicaid funding as well as a look at the increase in “wrongful life” cases. We will review the 2017 Georgia legislative session accomplishments in the healthcare arena and provide a timely update on proposed federal legislation. CEUs available: 1 core hour for social workers; 1 contact hour for case managers and RNs. 5:30 PM-6:00 PM- Registration, Wine and Dinner, 6:00 PM-7:00 PM- CEU Education. Brighton Gardens Buckhead, 3088 Lenox Road, NE, Atlanta, GA 30324. RSVP:

For more details and a complete list of upcoming events, please visit Hurley Elder Care Law Community Education.
Recent BlogsMedicaid to Pay for Assisted Living?  A new push to change Georgia’s laws.

Caregiving is Risky Business- Long-term care health expenses are high.

Home Health Aide Industry- Growth and Pay- There is a job increase for home health and personal care aides.

Women- More Vulnerable to Alzheimer’s?Why do women make up so many of the Alzheimer’s cases?

Elder Care Resources
Anticipatory Grief- How to help yourself.

Do I need a will? Learn who needs one.

Toolkit for Dementia Diagnosis- Online resources for initial detection.

 Avoid Holiday Stress- Here are some helpful tips.

Miles P. Hurley, JD, CELA  Miles P. Hurley founded Hurley Elder Care Law in 2006 to provide legal assistance to the elderly population on issues relating to aging including retaining independence, quality of life and financial security. Mr. Hurley is one of eleven attorneys in the state of Georgia to receive the Certified Elder Law Attorney Certification, and one of approximately 400 nationwide. 
Hurley Elder Care Law is dedicated to the process of long-term care and estate planning. 
Call us today for a free phone consultation with a client coordinator at (404) 843-0121.

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Hurley Elder Care Law
100 Galleria Pkwy, Suite 650
Atlanta, GA 30339

Satellite Offices
2011 Commerce Dr. Suite 100, Peachtree City, GA 30269   
225 Creekstone Ridge, Woodstock, GA 30188       
6340 Sugarloaf Parkway, Suite 200, Duluth, GA 30096

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