Jan Neal Law Firm, LLC

Alabama Estate, Elder and Special Needs Law


Leave a comment

Alabama ABLE Act to Provide Planning Opportunity for Disabled Persons

Husband and handicapped wife taking stroll in park alley

On June 9, 2015, Governor Bentley signed ABLE Act legislation into law in Alabama permitting the state to implement a program to permit developmentally disabled persons to have limited tax free savings without losing public benefits.  ABLE stands for Achieving a Better Life Experience, and the act was passed on the federal level in December 2014 permitting each state to set up its own program.  Though the program in Alabama has not yet become operable, it will be getting underway in the coming months.

The ABLE Act will permit up to $14,000 per year to be placed in one approved bank account set up for a developmentally disabled person living in Alabama (one who became disabled prior to age 26) with those funds exempt from counting as resources for public benefit purposes.  This means that the disabled person can have these funds to use for disability-related expenses without losing his or her public benefits such as SSI or Medicaid.  Up to $100,000 can be accumulated in an ABLE account without loss of SSI, and $350,000 can be accumulated in such an account in Alabama without loss of Medicaid (note that this is state specific, and some states may permit an accumulation as high as $425,210 or as low as $235,000 before loss of Medicaid).  At the death of the disabled person any funds left in the ABLE account will be payable to Medicaid to repay that agency in amounts up to what the agency paid for the disabled person’s health care costs.

Contributions to an ABLE account are not tax deductible, and income earned by an ABLE account is not taxable.

Stay tuned for more information about these accounts in the coming months or go to the Alabama State Treasury’s ABLE website and sign up for an update notification when accounts are available.    


Leave a comment

Elder Law at OLLI

Jan is teaching a two part course on Elder Law at Osher Lifelong Learning Institute at Auburn University (OLLI at Auburn).  See page 11 of the OLLI Spring 2016 catalog for the course description.  The first session is Wednesday, March 30, 2016, from 10:15 a.m. – 11:45 a.m., and the second will be on Wednesday, April 6, 2016, from 10:15 a.m. – 11:45 a.m.  Topics to be covered include Older Americans Act Legal Assistance, Authority Issues and Advance Directive Options, Long-Term Care Planning, Long-Term Care Payment Options Including Medicaid, Special Needs Planning, Probate, Administration of Estates and Funeral Planning.  If you aren’t a member of OLLI, check out all the benefits and learning opportunities here.

Materials for the training can be downloaded at elder-law-training-for-olli-at-auburn-033016-60244085 and will be posted at this site soon.


Leave a comment

Who Isn’t Online?

1200 wide shutterstock_266064506For years I have been arguing with folks who say that older people don’t use the internet and can’t engage through that medium.  That didn’t make sense  to me.  For instance, people who are 70 today were 50 when personal computers began to emerge as a household staple, and they were often more likely to have the resources to explore new technologies coming into the consumer marketplace.  People who are 60 today were 40 then and at the height of their careers where the gradual integration of technology was a job requirement.  Retirees today connect with old and new friends on Facebook, tweet about their favorite subjects, pin their favorites, check email and text to communicate with family, friends and groups.  In fact entire industries of online caregiving have developed.  Sadly entire online industries of fraud have also developed requiring a great deal of poise for anyone online to stay safe.  With that said, there are people who never went online, but I’m pretty sure that their caregivers, both personal and professional, did.  But the question remains, who is not online these days?

I am not the only person wondering about that.  A Pew Research Center Study shows that 15 percent of the American population is not online, but the number is shrinking quickly.  From that study:

“For example, 86% of adults 65 and older did not go online in 2000; today that figure has been cut in half. And among those without a high school diploma, the share not using the internet dropped from 81% to 33% in the same time period.”

With that said, some people will never go online.  Some people never drove a car, but someone gave them a lift.  Today we recognize that by 2030 25 percent of the population will be 60+, and almost all of them will be online.  Recognizing this trend, The 2015 White House Conference on Aging produced some interesting tech related announcements worth exploring.  Among the 2015 WHCoA ideas, is development of a web site named aging.gov:

“to provide older Americans, their families, friends, and other caregivers, a one-stop resource for government-wide information on helping older adults live independent and fulfilling lives.  The Web site links to a broad spectrum of Federal information, including how to find local services and resources in your community for everything from healthy aging to elder justice to long-term care, as well as how to find key information on vital programs such as Social Security and Medicare.”

An innovative perspective is provided by The Center for Technology and Aging’s 2014 report (updated) titled The New Era of Connected Aging:  A Framework for Understanding Technologies that Support Older Adults Aging in Place.  The report provides an overview of how technology can improve the lives of seniors and help them remain in independent living arrangements.  The report examines some of the products emerging to support monitoring and management of physiological status and mental health, chronic condition management, technologies to support safe functional status at home, technologies to promote connectedness and products to support caregivers.

The debate is no longer whether technology will be used by and for seniors; the question is how.  The challenge will be to use technology to enhance the lives of seniors and their caregivers and promote the well-being and independence of seniors as they age.  What an exciting era in which to age and work with seniors!