Monday, May 20, 2019

How Long-Term Care Planning Can Protect the Legacy You Leave Behind

It is never too early to plan for the future, which is especially true when it comes to long-term care planning. Americans are living longer than ever, but medical issues and the need for long-term nursing care can happen at any time. Considering how you will pay for long-term care should be an important element of any estate plan to ensure you get the care you need while shielding your hard-earned assets as much as possible. Skilled estate planning attorneys can help you protect your legacy and determine the best way to pay for long-term care if you should ever need it. Long-term care planning not only protects your assets, it can also make a difficult time easier for your family.

Medicare Planning

Although most people are eligible for Medicare when they turn 65 years of age, many are not aware that Medicare only pays for 100 days of nursing care. However, Medicaid does pay for long-term care, but it is a need-based program that is only available to those below certain income limits. There is also a five-year “look back” period in which any gifts or transfer of funds prior to the application for Medicaid are subject to reversal or financial penalties.
Seniors who need long-term care must often “spend down” their savings and assets to become eligible for Medicaid. By planning well in advance, you can legally protect your assets and qualify for Medicaid should you require long-term care. Applying and qualifying for Medicaid can be a complex process. Wills and trusts lawyers can advise you on the most effective ways to protect your assets through trusts, gifting, family limited partnerships (FLP) and other asset protection options. These advance planning strategies can serve your overall estate planning goals and protect your family’s financial future.

Long-Term Care Insurance

Long-term care insurance covers you when you are in need of nursing care, but the older you are, the more difficult it is to qualify. Premiums also increase as you age, and pre-existing health conditions can prevent you from qualifying. If you purchase this type of insurance when you are young and healthy it can be a worthwhile investment, as the payout grows over time. However, before purchasing long-term care insurance, it is vital to shop around and seek the counsel of an experienced attorney who can help you understand what a good long-term care policy should include, and whether or not it fits into your overall estate plan. If you own a business, it is critical to consult an experienced business lawyer to ensure your business interests and investments are protected in your estate plan as well.
At Carosella & Associates, our experienced estate planning and wills and trusts attorneys can help you create an effective asset protection plan that allows you to plan for long-term care and protect the legacy you leave behind.

Monday, May 13, 2019

Litigation, Mediation and Arbitration : What’s the Difference?

Although many people think of legal disputes as issues that play out in front of a judge or jury, most cases are resolved outside of the courtroom, using alternative dispute resolutions such as mediation or arbitration. If you are facing a difficult legal problem, it is vital to fully understand your options and how each type of dispute resolution works. Whether you’re dealing with a contract dispute or need help with a divorce, an experienced attorney can explain the benefits and drawbacks of litigation, mediation and arbitration and advise you on the best course of action to get your legal matter successfully resolved.

Litigation

In litigation, an action is brought by before a court of law by the involved parties to find resolution from a judge or jury. The court process can be time consuming, stressful and costly, so most individuals and businesses prefer to avoid litigation and settle matters through alternative dispute resolution methods. However, it is important to keep in mind that ADR methods like arbitration and mediation are often used in conjunction with litigation. In fact, some states require that certain types of lawsuits go through mediation or arbitration before putting them on the trial calendar to avoid clogging the court system.

Arbitration vs. Mediation

Arbitration and mediation both use neutral third parties to manage the legal process. Binding arbitration is similar to the trial process, but is more informal and takes less time. An arbitrator’s role is similar to the role of a judge. Typically, each side gets to select an arbitrator. These two arbitrators choose a third arbitrator, and the dispute is presented to all three. They review and make determinations based on evidence and present written opinions, which may be binding or non-binding. Final decisions are reached by majority vote.
Mediation usually involves one mediator who helps facilitate discussion and negotiations to achieve resolution of a dispute. Mediation is quite popular and because it is a faster, more affordable option than litigation. Its success rate is high because the parties are brought together in a confidential, relaxed environment where they can openly present their positions in front of an impartial third party. It is a human thing to want to “get things off your chest” and mediation allows both parties to do this, which can help provide a more balanced perspective and lead to less hostility.
A mediator does not make a judgment or final decision. When the parties reach an agreement, they put the terms in writing and sign the document, creating a binding contract. Contract attorneys also recommend that before entering mediation to resolve a dispute, both parties sign a pre-mediation contract that addresses confidentiality, cost of the mediator, length of time and other issues. Divorce lawyers often use mediation to help clients avoid costly, contentious court battles, which can help them resolve issues quickly and put less stress on the family.
Interested in learning more about which option may be right for you?  Our law firm in West Chester can help.

Monday, May 6, 2019

How to Contest a Protection from Abuse Order

Sometimes known as a restraining order, a Protection from Abuse Order (PFA) is a civil court order that provides protection from harm by family or household members, intimate partners or a parent of a child you share. A PFA can have devastating consequences for the defendant, including loss of child custody, employment, education options, professional licensing and firearm rights, not to mention the damage it can do to your reputation in the community. Unfortunately these orders are sometimes filed by those seeking revenge or retribution, and are based on false allegations. If you are involved in a Protection from Abuse case, seeking the counsel of an experienced defense attorneyis essential to ensure your rights are protected.

Temporary PFAs

Physical abuse does not have to occur for a judge to order a temporary or emergency PFA. Attempting or threatening to cause bodily injury; sexual assault, rape, incest and other sexual offenses; false imprisonment and stalking all place the plaintiff in reasonable fear of bodily injury, and can be considered a basis for a temporary PFA. After a temporary PFA is granted by a judge, a formal hearing must be scheduled within 10 business days.
If you receive notice that a PFA has been filed against you, stay away from the plaintiff and refrain from contacting them via text, phone or in any other manner. Rules and processes vary from county to county, so it is important to contact a local criminal defense attorney who can help you understand your rights and the processes of the local court. Although a Protection from Abuse order is a civil matter, keep in mind that in many cases, a plaintiff may file criminal charges as well so having an attorney by your side is vital. To contest the PFA, you must appear at the scheduled formal hearing. Failing to show up for your formal hearing can lead to a permanent a PFA being entered by default, which is much more difficult to contest and cannot be expunged from the court record.

Contesting a PFA at Your Court Hearing

Formal court proceedings may involve witnesses, evidence, testimony, and cross-examination. A family law or divorce attorney will help you properly prepare for court by gathering evidence, speaking to witnesses and collecting any relevant information and proof such as text messages, emails and phone messages from the person seeking the PFA.  Although a PFA doesn’t prohibit an alleged victim from contacting you, if they do, these communications are crucial evidence that can help you fight the order. Do not respond to any communications from the person seeking the PFA. Turn over all communications to your attorney to help them prepare for your case.
At the final PFA hearing, both the plaintiff and defendant have an opportunity to testify. Your attorney and the plaintiff’s attorney may also cross-examine the opposing party and any witnesses. The judge will then make a determination based on the testimony and evidence presented. The judge may order a final PFA for up to a period of three years.

Can You Appeal a Final PFA?

A final PFA order can be appealed to the Pennsylvania Superior Court within 30 days. Copies of court transcripts and other evidence may be required. Appealing a PFA determination can be difficult and complex, especially if you have not retained the services of an experienced attorney before your initial hearing.
Have you been wrongly accused of domestic violence? Carosella & Associates can help.