insurance Archives - Lonich Patton Ehrlich Policastri

Long-term care (LTC) services assist an adult with day-to-day living to help them remain as independent as possible. These services may become necessary at any age: an older adult may need LTC services as daily life becomes increasingly difficult; a younger person might need assistance following a disabling event or accident; and anyone may need LTC services as a chronic illness progresses or during a period of rehabilitation. Most people, however, do not start thinking about long-term care until the services are needed.

LTC service costs are not covered by medical insurance or Medi-Care (designed primarily to provide access to a basic level of healthcare) and, without proper planning, can be debilitating for a family’s funds and estate plans. LTC insurance, for those who can afford it, provides a method of payment or reimbursement for services. Depending on the policy and coverage selected, LTC insurance can cover LTC in your own home, adult day care centers, residential care facilities, and nursing homes. However, navigating the plans and options available can be a challenge for most people.

There are several online resources that can assist in the consideration of long-term care insurance. The Wall Street Journal created a checklist to assist in the evaluation of a policy’s features. This tool can be used to compare policies before making a final decision on different options. MetLife, whose LTC insurance is not currently available in California, created an educational guide that defines terminology generally used in the industry, presents basic issues, and provides answers to some frequently asked questions.

Without LTC insurance, self-insurance (setting aside enough money to pay privately for potential future LTC services) becomes exponentially more important. If you are interested in learning more about creating a comprehensive plan to ensure that you or your family members are well-prepared to handle your needs and estate near the end of life, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Automatic Temporary Restraining Orders

Once a divorce or legal separation is filed, a set of Family Law Automatic Temporary Restraining Orders (ATROs) take effect. There are four standard mutual restraining orders that take effect automatically when the petition for dissolution is filed (as to the petitioner) and when the petition for dissolution is served (as to the respondent). The restraining orders restrain both parties from doing the following:

Removing the parties’ minor child(ren) from the state without the prior written consent of the other spouse or a court order.
Transferring, encumbering, concealing or disposing of any property, real or personal, community or separate, without the written consent of the other party or a court order.
Insurance Coverage – Spouses are prohibited from changing beneficiaries, altering, canceling, borrowing against, cashing, or transferring any insurance including health, automobile, life, and disability insurances. This means that you cannot, for example, cancel your spouse’s health or auto insurance or change the beneficiaries of any life insurance policies during the pendency of a dissolution proceeding.
Creation and Modification of Non Probate Transfers: Both spouses are prohibited in creating non probate transfers or modifying a nonprobate transfer in a manner that affects the disposition of the property subject to transfer, without the written consent of the other party or a court order. A non probate transfer includes revocable trusts, a financial institution pay on death account, Totten trust, and transfers on death registration of personal property. This does not include wills.

Spouses are also required to notify the other spouse of extraordinary expenditures at least five business days in advance and to account for these expenditures to the court. They are, however, allowed to use community, quasi-community, or their own separate property to pay an attorney.

It is important to speak to your attorney to determine what is within your purview to create, modify or change while your divorce or other legal action is pending.

For more information about divorce and restraining orders, please contact the divorce attorneys at Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

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Navigating Long-Term Care Insurance Policies

Automatic Temporary Restraining Orders

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