We represent legal guardians in establishing guardianships of person and/or property for minors as well as incompetent adults, pre-need planning for guardians, and complying with annual reporting and accounting requirements.

Fred: One of the situations that we frequently become involved in is when a client will come into the office and say, "my dad is elderly, my mother passed away several years ago. Dad is not fully in charge of his faculties, he's going on the internet every night and meeting unwholesome women and we are concerned that he is going to give away or dispose of a lot of his money to these people. We really think that he ought to be protected against that. Is there anything that you can do for us?"

Babette: If you do advance planning and you've got a good power of attorney, then you've designated who can handle your affairs for you if you are incapacitated. Very often that completely awards guardianship. But if you haven't, and you become incapacitated, your family or your loved ones have an obligation to go to court to protect you, both in terms of great access to medical care and the best medical attention you can possibly get, as well as in terms of preserving your assets. One of the fields in which I am an expert as an elder law attorney is in the field of guardianship. We try to avoid litigation at all costs. It's not always possible but if you do need to litigate, we have the experience.
Fred: Frequently, the financial affairs of such persons are in a total state of disarray. They may not have filed income tax returns for the last five years, they don't know where their assets are, they don't know how they are held. One of the things I can do in assisting Babette is to straighten out to the extent possible the financial affairs of the person who is somewhat diminished in capacity.

Babette: Hi, I'm Babette Bach, and I am the founder of Bach Elder Law. I am an elder law attorney.
Fred: Hello. My name is Fred Jacobs. I practice law with Babette Bach.

Babette: We're a firm that specializes in the legal issues of the eldery and disabled. A lot of people ask me what that is, and it's something unusual. We focus on listening to our clients and trying to meet their needs by specializing in their areas of concern.
The most important thing to look for is a board-certified elder law attorney. In our firm, myself and my partner Fred Jacobs are both board-certified in complimentary specialties. I'm board-certified in elder law, which means that I am an expert in dealing with the issues of the disabled and the elderly as well as the governmental benefits that apply to them. My partner Fred is an expert in tax law.

Fred: I've been an attorney for nearly 45 years. My specialties are tax law, real estate law and financial and business matters. I am Florida board-certified in tax law. I also bring to Bach Elder Law my expertise in understanding financial documents. I can read and understand annuity policies and insurance policies, for example. I know what an IRA is, I know what the tax deductions are. I know how to designate beneficiaries of IRAs upon the death of the owner in order to have the most beneficial income tax treatment. I also represent our clients in their dealings with the Internal Revenue Service, and if necessary we can go to tax court or federal district court in order to obtain refunds of taxes that did not have to be paid.
Babette: Very frequently we can blend these two expertises to give the client all the information they need to deal with their issues. Primarily, this means focusing on issues relating to how they will pay for health care, how they will manage if they become incapacitated, how they will plan for their estate and for simple transition of their assests, but most importantly, how they will be able to save their assests so that they have good care at home or in a quality facility if they need that. In order to advise a client, I have to know all the fields of governmental benefits that would apply to them, and that is primarily medicare, medicaid and V.A. benefits.
People ask me, how did I get to be an elder law attorney? I've had a life-long interest in health care and access to health care. In my legal profession I've fought over and over again for people to have the governmental benefits that they need in order to get quality health care.

Babette Bach (West Coast Woman Newspaper - June 2010)

Emotionally bankrupt from litigation, dissatisfied with the legal profession, and needing an avenue to rekindle the flame, Babette became an attorney specializing in elder law. With a background in the medical profession, concern about access to health care, an activist in the AIDS movement, and a caregiver to her late husband, She says she was finally like a duck in water when she began practicing elder law.

Babette Bach says she was emotionally bankrupt from litigation, dissatisfied with the legal profession, and needed an avenue to rekindle the flame. Her life experiences prepared her to be the ideal attorney to join a firm specializing in elder law. With a background in the medical profession, concern about access to health care, an activist in the AIDS movement, and a caregiver to her late husband, Babette said she was finally like a duck in water when she began practicing elder law. Opening her own firm in 2003, her primary areas of practice are asset protection planning, probate planning, and guardianship for the elderly and young disabled persons.
“As people live longer, estate planning is not the only issue. There’s a huge range of issues and challenges that a long life presents.
The subject matter is enormous and challenging, but there’s a difference between elder law and estate planning. Elder law is a holistic way of practicing law. I do traditional estate planning and probate, but elder law encompasses so much more. I’m expected to sit across the table from a client and meet all of their needs.
I must interact with people in the community who manage programs so clients can get maximum benefits.
“Traditionally, elder law hasn’t been embraced by larger law firms that focus on high net worth clients. My average client has assets under $200,000, owns a house, and has a monthly income of $2200. Access to health care has always been one of my passions. I help them plan for their life savings, how they can pay for their own and their spouse’s care, and how to control costs. I need to be knowledgeable about every possible program a person can access. I tell my clients ‘I’m here to partner with you through any transition.’ One client had a stroke, called 911, and then immediately called me. We feel emotionally connected to one another.”
Babette is a Florida Board Certified Elder Law Attorney, nationally certified as an Elder Law Expert by the National Elder Law Foundation, and is chair of the Florida Bar Elder Law Section, the watchdog on legislative issues and case law relating to the elderly and disabled.
She was co-counsel in Gerkin v. Reiger/Levine that required the State of Florida to change its Medicaid policy to provide coverage for Florida’s poorest and most ill. A high-profile case in which she was involved was the Julie Rubenzer breast augmentation case where the patient died after surgery by a Sarasota doctor.
“It is difficult to plan for the last 20 years of life. The stronger the family support system is, the better the aging experience will be. In many cases, I deal with multiple generations and family units which is an ethical landmine.
I determine very quickly who I am representing and make that clear to the family. I usually represent the oldest person, but not always.
Occasionally a child becomes the client.” Sitting in her office on the seventh floor with a view of downtown Sarasota and surrounded by live orchids and plants in the conference room, she exudes passion for her work and compassion for her elderly and disabled clients. To stay current with issues affecting her clients she spends a lot of time studying alone and with a small study group of attorneys who have met for six years and continue to meet twice a month. “Practicing elder law means you have to be an expert in government programs such as Medicare, Medicare Part D, and Medicaid as well as veterans benefits. Now I’m learning how the federal healthcare reform act affects people over 65 and young disabled people.
It’s an embarrassment that these populations need legal help to apply for public benefits.” Due to the current economic conditions, Babette sees families struggling to keep loved ones at home because of the cost when they need specialized care. “People are delaying coming to me and they’re delaying making placement decisions. They need a plan so they can survive financially while at the same time finding adequate care for the ill or disabled spouse.
I’m also very concerned about the care giving spouse since I was in that position myself.” Challenges and frustrations are part of the job. “My challenging days involve financial exploitation cases, right-to-die cases, and watching caregiver burnout. When dealing with exploitive, predatory individuals, it’s hard to get prosecution, but we need to prosecute these cases. I come from a litigation background so I will go to court if I have to. My frustration is with the Department of Children and Families who do a spectacular job but, with a decreasing budget, there are fewer workers for an enormous caseload.” One of five children, Babette was raised in a traditional New Orleans family and enjoyed athletics, competition, boating—everything outdoors. Before Title IX was enacted, she was a nationally ranked track star, but she gave up her hopes of going to the Olympics and enrolled in Duke University. Today she engages in offroad bicycling, weight lifting, swimming, hiking, gardening, and cooking—she calls herself a “foodie”—and nurturing her love of all things French thanks to a year in France during college.
Her late husband, Dr. Michael Bach, taught infectious disease at Harvard Medical School and was on staff at Tufts University and the University of Vermont. Babette recalls, “Being in private practice while being attached to a medical school gave him the opportunity to be a pioneer clinical researcher on the medicine AZT for AIDS patients and eventually becoming an international expert. Early in the AIDS crisis when young people were dying, there was a huge social need which he filled by lecturing at jails, to cafeteria workers, landlords, and in every university and high school in Maine. In our house, Michael had an office on the first floor and we lived on the second floor with our children.”
Babette and Michael founded the first hospice in Portland, Maine, and the Michael C. Bach Clinic in Bradenton continues to serve the HIV and Hepatitis C population. Michael died of melanoma in 1998 leaving Babette and two children, aged 9 and 13. Currently Babette’s son Eric lives in San Diego and daughter, Alexandra, is a movie producer working in New York City.
“It’s brutal to lose someone who adored you. I am darn lucky to have had two wonderful relationships in one life. My partner of 10 years, Rob Patten, a garden builder, and I are avid conservationists and belong to numerous organizations dedicated to conservation. We’re always working on the extensive gardens at our house.”
When asked if she has another aspiration, Babette slowly replies, “I am having a hard time visualizing not doing this. I’m happy to be someone who helps and advocates for other people.”

STORY: Carol Darling

Original post:  http://www.westcoastwoman.com/?Page=Archives

• Determine whether the individual satisfies the prerequisites for the position such as possessing the appropriate educational background, etc;
• Determine whether or not the individual can perform the essential functions of the position held or desired.

• An employer may not ask whether the job applicant has or had cancer or about treatment related to cancer prior to making a job offer.
• An employer can ask an applicant questions pertaining to the performance of the job (whether he can lift weight, can travel out of town; whether he/she can work rotating shifts, etc.)
• A person with cancer is permitted to request an accommodation after becoming an employee, even if she did not ask for one when applying for the job or after receiving the job offer.
• With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee.
• Telling co-workings that an employee is receiving a reasonable accommodation amounts to a disclosure of the employee’s disability.

• The overall financial resources of the employer;
• The number of persons employed by the employer;
• The nature and cost of the accommodation needed, etc.

Babette B. Bach and Fredric C. Jacobs both received peer reviewed AV ratings from Martindale-Hubbell, the highest rating attorneys can receive for both legal acumen and professional ethics.
Babette B. Bach, Esq.
Babette B. Bach, Esq. is an Elder Law Advocate and the founder of Bach Elder Law. Board certified by both the Florida Bar and the National Academy of Elder Law Attorneys (CELA), she is chair of the Elder Law Section of the Florida Bar and has been practicing law for over 25 years.
"She was co-counsel in Gerkin v. Reiger/Levine, a landmark civil rights class action lawsuit which earned her the prestigious award for “Outstanding Service to Florida’s Elderly” from the Florida Bar Association."
Babette has used her specialization in Elder Law to become a legal activist for the elderly. She was co-counsel in Gerkin v. Reiger/Levine, a landmark civil rights class action lawsuit which earned her the prestigious award for “Outstanding Service to Florida’s Elderly” from the Florida Bar Association.  As a result of this lawsuit, the State of Florida was required to change their Medicaid Policy to provide coverage for all uninsured medical benefits to over 45,000 Medicaid recipients. This new policy resulted in the funding of approximately $ 52 million in new benefits to the poorest and sickest citizens of Florida.
As chair of the Elder Law Section for the Florida Bar, Babette stays abreast of the latest developments in Elder Law statewide and nationally. She frequently lectures on the legislative changes to governmental benefits affecting the elderly. In addition, as a board member of the Florida Gulf Coast Chapter of the Alzheimier’s Association, she is a staunch advocate for the increased support for research and services for those touched by the disease.
In June 2009, Babette began her service as chair of the Florida Bar Elder Law Section, an honor which recognizes her state-wide leadership in the unique practice of Elder Law.
"Babette has used her specialization in Elder Law to become a legal activist for the elderly."
Fredric C. Jacobs, Esq.
Fred has been an "av" rated attorney since 1976, holds a Masters degree in tax law and is Florida Board Certified in tax law. In addition to practicing law, he teaches estate planning, Federal taxation of estates, trusts and gifts, tax procedure and international taxation as an adjunct law professor at Stetson Law School, St. Petersburg, Florida.
Bach Elder Law benefits from Fred’s experience in income and estate taxation and estate and financial planning for the elderly. For many years he has counseled clients on how to hold, gift and bequeath assets and structure family and business transactions of every type in order to minimize the impact of federal and state taxation.
Fred has drafted and seen to the proper implementation of countless wills, living trusts, family limited partnerships, powers of attorney, guardianship declarations and other documents to meet the financial and tax planning needs of his clients. Clients value his extensive experience in how to avoid probate as well as in the administration of trusts and estates. As an educator, he has lectured and given seminars on the taxation of and planning for IRA, 401(k) and other pension distributions.
With his first job as a trial attorney with the Securities and Exchange Commission in Washington, DC., Fred has a deep background in securities as well as tax law He understands annuities, insurance products and other investments, including policy surrender issues and has successfully represented clients in arbitration proceedings against securities brokers and investment firms.
In the business area, Fred has represented small and medium sized businesses in all aspects of their organization and operation, including choice of business entity (corporation, s corporation, partnership, LLC), business acquisitions and mergers, buy-sell agreements, employee benefit and stock option programs, and employment and non competition agreements.
Fred is also experienced in real estate transactions, including tax free “like kind” exchanges, and serves as an approved attorney and agent for one of the largest title companies doing business in Florida.
Fred is admitted to practice in Pennsylvania and Florida, the United States Tax Court, the US Claims Court and the Federal District Courts and also regularly represents clients before the Internal Revenue Service.
“After 38 years in private practice, it is a privilege to be associated with Babette, the Chair of the Elder Law Section of the Florida Bar, and a knowledgeable, caring and vigorous advocate for the elderly,” says Fred.

Babette assumes the 2009 Chairship of the Elder Law Section for the Florida Bar!

The Florida Bar Elder Law Section awards Patricia I. Taylor with the Member of the Year award. Chair Linda Chamberlain (right) makes the presentation.

Twyla Sketchley is awarded the Charlotte Brayer award by The Florida Bar Elder Law Section. Chair Linda Chamberlain (right) makes the presentation.

The Florida Bar Elder Law Section thanks the 2008-2009 CLE program chairs.

The Florida Bar Elder Law Section presents an award to Susan Trainor, longtime editor of the section’s newsletter, The Advocate.

Florida CFO Alex Sink talks to the Elder Law Section Executive Council during The Florida Bar Annual Convention in Orlando, June 26, 2009.

The passing of gavel. Linda Chamberlain (left) becomes the section’s immediate past chair and passes the helm to Chair Babette Bach.

The Elder Law Section thanks Program Administrator Arlee Colman for her administration of the section during the year. She is presented with a set of handmade pastels from France in the hope that she will continue to produce original artwork for the covers of the section’s newsletters.

Babette Bach (left) presents outgoing Chair Linda Chamberlain with an original pastel painting by Arlee J. Colman as thanks for a year well run.

Debating whether the government-guaranteed loan program is fueling another bubble, with Jeffrey Lewis, Generation Mortgage; Babette Bach, Bach Elder Law; and CNBC's Dennis Kneale. Babette on CNBC - Reverse Mortgages: Next Subprime?

Medicare Maze from the November 14-15 issue of the Wall Street Journal.
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The Social Security Administration (SSA) has added early-onset/younger onset Alzheimer's to the list of conditions under its Compassionate Allowance Initiative, giving those with the disease expedited access to Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
The Alzheimer's Association, a longtime advocate for those with early-onset Alzheimer's, has played an integral role in this movement to reduce the length of disability decision process.
What is the Compassionate Allowance Initiative?
Under this initiative, the Social Security Administration (SSA) finds individuals with certain diseases/conditions eligible for Social Security disability (SSDI) and Supplemental Security Income (SSI) benefits by the nature of the disease. While applicants still have to meet other SSDI criteria and/or SSI criteria, when it comes to the disability criterion, they are considered eligible by virtue of the disease and fast-tracked for a favorable decision about their eligibility for SSDI and SSI benefits.
What is Social Security Disability Insurance (SSDI)?
Social Security disability benefits (SSDI) are paid to individuals who have worked for enough years and have a condition that is so severe that they are not able to work any longer. Administered by the SSA, SSDI makes monthly payments to eligible disabled individuals and is a significant benefit for individuals with early-onset (younger-onset) Alzheimer's disease. In addition to a monthly payment, it serves as entry to Medicare benefits for those under the age of 65. Family members (e.g., spouses and minor children) may also be eligible for benefits based on the applicant's work record.
What is Supplemental Security Income (SSI)?
Supplemental Security Income benefits (SSI) are paid each month to individuals who are aged, blind or disabled and have limited income and resources (assets). The "disability" criteria for SSI are the same as for SSDI benefits. Unlike SSDI, eligibility for SSI is not based on prior work experience. In addition, in most states, individuals who receive SSI are also automatically eligible for Medicaid (medical assistance) benefits.
Why is this important to individuals with early-onset Alzheimer's disease and related dementias?
Social Security disability benefits are very important to those with early-onset (younger-onset) Alzheimer's and related dementias because these individuals are often initially denied benefits – but usually win on appeal. Those affected by early-onset Alzheimer's are often simultaneously faced with the enormous challenges that the disease presents, while also undergoing a long disability decision process that is financially and emotionally draining. By adding Alzheimer's disease to the list of “Compassionate Allowance” conditions, it will simplify and streamline the SSDI/SSI application process and should result in receiving SSDI/SSI benefits in an expedited manner.
Source: http://www.alz.org/living_with_alzheimers_social_security_disability.asp

2007 Memory Walk
Babette Bach, PA sponsored a team at the Alzheimer's memory walk in Sarasota on March 31, 2007 at Jungle Gardens in Sarasota, FL. The team raised almost $4,000. The walk raised almost $50,000.
 
Aging in the 21st Century
Aging in the 21st Century - Herald Tribune