The Mediation Process for Property Settlement in divorce


Couples in the midst of ending their marriage may want to undergo mediation or Family dispute resolution (FDR) first before they embark on a full divorce trial, which only creates emotional stress and increase the conflict between them. As another method to resolve disputes between family members, mediation takes place out of court. The property settlement in divorce, mediation process for separating the pair certainly need the assistance of a qualified neutral FDR expert. The analyst does not provide legal advice now or tell the couple what to do or which option to choose. Search for legal mediation.

Before beginning the mediation process

Before mediation in divorce speculation couples must be very sure that they are ready to face each other with courtesy and talk about the issues Ownership without becoming too emotionally. Each participant must be willing to discuss sensitive issues, listen to what the other person has to say, and negotiate with the ex-spouse and constructively as possible. A dispute resolution process will not be effective at all when one party refuses to cooperate or compromise when one of the participants has a history of violence, when a child can become abuse of mediation, and when one of the parties with a mental illness or has been struggling dependence or alcoholism. Otherwise, the divorce speculation couples who are open disclosure will likely reach a satisfactory agreement on the division and distribution of their assets, investment, debt and real estate.

During the dispute the Property Division

property settlement process consists of three major steps as well as the fourth stage where judges and lawyers determine right and just is true. However, take these steps over time to complete. Each step can be emotionally draining for both parties, especially in the second phase of the evaluation of the value of contributions of each partner, which include superannuation schemes and family inheritance. In the third step, each participant makes a list of future needs after divorce. Then FDR expert family lawyer review the inventory made of the assets and liabilities of the asset pool, spouse contributions during the relationship, and the likely cost of each spouse and personal needs in the future.

Before you sign a contract Property

likely pairs in conflict on this list will have several meetings before they could reach an agreement. Meeting may be postponed after both sides reached an impasse. As much as possible, FDR expert makes sure that each participant shows the emotional wish for another face-to-face meetings to resolve issues and find solutions. Both spouses must fully disclose all financial information. Otherwise, the property agreement gets down later when the truth surfaces and one of the signed parties failed to report personal stash of money.


10 Random Family Law and Divorce Questions


Question :. Is there a way to shorten the 90-day waiting period for nominal Rhode Island Divorce

Reply. No, the 90-day waiting period mandated by law. A Final Judgment of Divorce will not be provided by the Family Court judges to 91 days after the nominal Divorce hearing. The only exception to this rule is that divorce complaints provided based on the basis of separate living space for 3 years which has significantly reduced latency

Question :. Why is the 90-day waiting period in Rhode Island

Answer :. The intent of the law is that parties may settle for 90 days and decide to get divorced

Question: I am in a rush to get a divorce, I need to wait until the nominal divorce hearing is usually 65 days after filing

Answer: No. The parties may agree to waive the initial waiting period and a nominal rate of divorce hearing could be significantly earlier than 65 days.

Question :. Can I file for divorce if we do not meet the 1 year Rhode Island Residency requirement to get a RI divorce

Answer: No. For each party fulfills one year residence requirement, the only option is a complaint to the Separate Maintenance, a Divorce from Bed and control or Miscellaneous Petition for preservation, locations or child support

Question :. What is a Divorce from Bed and Board and future partnerships?

Answer: It is something that should almost never be filed. In this type of case, go to the parties, however, the whole divorce but in the end they are still legally married and not get an absolute divorce

Q:.? Why would anyone ever get a divorce from bed and board

Answer: That’s a great question. The main reasons were religious reasons

Q:.? What is the statutory rate for child support arrears

Answer: 12 percent

Question: Will State Of Rhode Island waive statutory interest owed the state of Rhode Island for alimony or cash medical contributions

Response : The state will only consider waive the amount of interest owed RI for child support or medical cash contributions by the principal has been paid in full

Q:.? Can I get a divorce by signing papers without a fair hearing

Answer: No. A Nominal Hearing is necessary to obtain a divorce in. RI

Q 😕 Do mothers automatically get custody of young children in Rhode Island custody

Answer: No. Rhode Island uses the best interests of the child standard in determining custody of all. children

Practical Tip :. a mother who is a fit and proper person has a significant opportunity to obtain custody of the child in RI Family Court


Employment Law – Shareholders – Employees or third party Contractors? – Contracts of Employment – it


case Nesbitt and Another v Secretary of State for Trade and Industry [2007] within public creditors, shareholders who had employment contracts with their business. Creditors were married. In February 1985, another claimant established company vehicle for a new company to provide IT training services to businesses and institutions. In March 1986, the first claimant joined her in the business. From that day onwards, the share capital consisted of 1,000 shares issued, 529 were owned by the second creditors, and 470 held by the first claimant. One part was kept by F, mother of another creditor.

All three were members. At its height, the company had 20 employees working from four offices. Since the beginning of the creditors had written contracts with the company. These agreements were in the same form as he has done with the first staff. Creditors were also paid salaries commensurate with their role as senior management. They are not getting the compensation of Directors or dividends.

company was managed from day to day most of the creditors, although ultimately the project was commissioned. Most management decisions were made fairly informal, tables were held every six months, and other meetings were held when necessary.

Unfortunately, in 2006 the company became insolvent. On 3 July 2006 by employees, including creditors, were terminated by the liquidator. Subsequently, the claimants applied insolvency service for redundancy payments and other arrears to them under sections 166 to 168 and 182 to 186 of the Employment Rights Act 1996 (insolvency provisions).

their claims were rejected by the insolvency service on the basis that they were not employees within the meaning of the Act in 1996. Their challenge to that decision was rejected by the employment tribunal. The tribunal held, including that they could not have been employees of the company because they were in fact in all its members, so you can avoid their own dismissal. Creditors appeal.

The principal issue which fell to be determined by the court was whether the Tribunal had erred in treating the fact that the Board can determine whether the claimants had been employed by the company. The appeal was allowed.

In that case, the Tribunal had erred in treating the fact that control decisions. It was just one of many relevant factors that fell to consider when deciding the question whether the claimants had been employed by the company. Creditors had and contracts, and those contracts were equivalent to those to other employees first. They also received their salaries by salary. The fact control aside, there were no other factors pointing away from the position of employees. In such cases, when dealing with the facts the Court found one result properly open the judgment would have been that the creditors were employees. Accordingly, the claim would be referred to the court for determination of amounts due to creditors.

If you require further information please contact us at or visit

© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor is it a legal advice. It is intended to highlight general issues. Always sought expert legal advice in relation to certain conditions.


Elder Law – Do not let older Older Adults Draft own wish


Most people do not like to deal with the idea of ​​their own death, and yet, in the end everyone seems. It is for this reason that so many people fail to set up living wills or trusts and thus, after one big mess for the heirs and family. It is difficult to talk about this with an elder in our family, though they may require that you are trying to get on the property or money, and two, because it is not very good to think about the untimely demise of some.

Seniors are reluctant to discuss it and so too are family members. If the subject comes up many older senior family members will just say “do not worry I put you in the blog!” But be very careful about this because 25% of people with enough money to justify the will eventually die without a will at all (estate), and most people who talk about it a lot have no will; scary statistics. Most of them wants that are handwritten afterthoughts not apply and thus, Probate will be a legal mess.

It is important that you get older over your members that qualified estate attorney and that they learn about trusts, living wills, powers of attorney, and while you’re at it take them to a financial planner, what you can trust for strong reference and get them set up so that their finances will not be a burden or impossible in older age or after their death. If an older family member believes that stack of handwritten notes suffice, steer them in the right direction, and do it right.


Search County Divorce Court Records Online


In accordance with the Freedom of Information Act, Public Divorce Records, as the name suggests, are files that are open to the public eye. Basically, it means that someone has access to these records as long as they follow the necessary procedures required by those in power. It said the law has made our society more transparent. However, not all sects in this Act, the Public Divorce Records there to support it.

Who stores these divorce records for public access? To mention one, these records can be found in a state courthouse. This court houses must register the divorce has been filed. If you are going to seek a divorce record for a specific purpose, you need to remember that only those certified copies of divorce certificates are accepted for legality basis.

Divorce Court Records are also available for researchers. If you’re planning to do the research yourself, you might wonder what specific information you can get from the file. Well, personal information, such as the person, their parents and children, time, place and grounds for divorce are displayed. It also includes a filing number, decree, asset division and settlement, restraining orders, custody of children and so on.

Just like Divorce Court Records, County Divorce Records also play an important role in any lawful means. These files more or less contain the same information and reports divorce court. In addition, it turns out also information officer who initiated the marriage. So identity is left in the corner.

There are reasons behind the effort of researchers to dig more about these files. One is to collect information about potential spouses have been separated. In this, you will get to know you information and the main cause of the said divorce or if he / she has been legally separated by the appropriate office. These files are also made for genealogy research, to support the legal process, or to locate biological parents of adopted children.

With the rise of the Internet in society nowadays, the probe has been made easier and more convenient for everyone. In just a few clicks, you’ll be able to achieve what you want peace of mind that you should have. However, to make the search of documents divorce court, you have to know the exact courthouse where the divorce was filed to avoid getting into nowhere. County Divorce Records are also available in two versions- free and paid services. Common knowledge will tell us that the latter involves a better result and is used in any lawful purpose. On the other hand, the free version provides minimal information about a particular divorce license record.


Family Mediation Post Divorce -? How far is it useful


Family Mediation is a way to resolve family disputes involving divorce, which provides comfort, support and help both parties to reach agreement. Although all based on the characteristics and properties are made by a court, but there are other issues, such as custody, visitation schedule and other lawsuits involving divorce.

Post divorce, our state of mind does not usually work to a solution because of the negative effects of divorce. Sometimes because of anger, bitterness and frustration that you feel, you might voice or say anything that might spoil your settlement after a divorce and could lead to further disputes.

The transmission helps to cope up with all the emotional stress and saves you from all legal costs. However, when we take the issue of saving a few bucks during the divorce, it may sound a bit awkward, but the fact is that the less you spend on the process, the more you will start a new life and if you have children you will have adequate resources.

What usually happens in the process of getting a divorce run is that you end up paying a hefty sum to the lawyer and only attack him / her to resolve the matter, which is usually slow and can even take ages. With mediation, you and your spouse work together to bring a solution with the help of family mediator who could be a lawyer, social worker, psychologist or any other professional. And this cuts down expenses to hire a lawyer, speed up the process and both of you to work together to solve the problems you might have.

Settlement things through the media also save you from all the emotional trauma and financial roller coaster, you’re likely to go through if you reduce the case to court. Apart from this, it could help a lot of children to cope up with the separation phone. Major decisions bringing the kids could bring about.

You can go after divorce mediation without using your lawyer, in a way that you had chosen to divorce mediation. However, you should consult with your lawyer about the decisions and resolution of the movement through the media, to get a fair idea about it before you sign the papers.

Post divorce mediation is the most effective way to resolve a dispute that centers on divorce even after the final judgment. However, it may not be suitable for all individuals, especially in cases where one of the spouses has been under exploitation and violence. A party who wishes to opt for family mediation must consult their lawyer to get a fair idea of ​​law, his / her rights and other obligations. It is completely free and all parties can walk out of it if they are not satisfied with the procedure.


Child support, partner Support, Divorce & Family Law


Alimony is payments that one spouse may be ordered to pay the other spouse for support for divorce. In Rhode Island Divorce, some spouses qualify for alimony from the other spouse. Alimony is also known as a spouse or partner maintenance support.

Rigla 15-5-16 describes the factors that Rhode Island Family Court Judge should be used to determine whether a husband or wife for loans child support payments from the other spouse.

The Rhode Island Supreme Court said “Child support is a rehabilitation tool designed to provide temporary support until the spouse is sustainable and based solely on need.” Berard v. Berard The Rhode Island Child Support Act is set out below. You should contact the Rhode Island Divorce lawyer to get legal advice on the case.

General Alimony is awarded for a period of time in increments that are usually weekly or monthly. Child support could provide for a divorce settlement. If the request alimony or is unwilling to waive alimony and parties can not agree to child support awards, the child support may be ordered in the divorce trial.

Temporary child support may be ordered by the Rhode Island Family Court towards the beginning RI divorce. This temporary child support awards will be in effect until a final decision by the Rhode Island Family Court Judge in RI Divorce trial.

intention pension is rehabilitative in nature. “alimony should be ‘paid a short but specific and terminable time, which will stop when the recipient is in exerciseof reasonable efforts, the position of self-support.” Thompson v. Thompson

Child support is usually granted a temporary but can provide on an as (maybe it turns out to be permanent) basis if the facts justify an alimony. The Rhode Island Supreme Court ruled that “Child support may be granted even for an indefinite period as long as the trial justice considers all mandatory elements.”

Undecided child support may be ordered in cases where the person is seriously disabled or old age is unable to work. An alimony may also be provided in a plethora of different facts.

The court must look at the “health, age, station, occupation, amount and sources of income, vocational skills and employability parties” in making the pension decision.

capacity to pay is an important factor in determining the amount of alimony and child support if the grant. There are many cases where the spouse is in desperate need of pensions and the other spouse does not have the ability to pay enough alimony. In some cases, the spouse has no ability to pay because of the payment obligation for the spouse or child support owed for other children.

Furthermore, according to The Rhode Island Supreme Court “section 15 -5-16 not explicitly prohibit one lump sum award.” However, the lump sum award child support appears to be disfavored under RI law.

best candidate for alimony is a spouse who set aside his career ambitions for years to be a homemaker and caring for children. As a result of the role of nurturing children and establish and maintain a home, the other spouse was able to advance his or her career to be able to afford to pay child support.

In some cases, the family made the decision that one parent would set aside her career aspirations to raise a child or minor children. Therefore, the housewife’s skill set so outmoded that he or she is unable to obtain suitable employment. This is usually due to job skills of housewives, employment history, licenses, training, skills, experience or degrees became outmoded or irrelevant. Maybe you have not enough of the history to be able to be self-sufficient and self without getting child support. In some cases, the spouse is unable to work because the spouse has physical custody and placement of young children.

For this type of person, intent award of rehabilitative alimony would allow a person to build a work history, advance their education, training, employment, licenses, etc. so you can be sustainable and itself in the future.

Another type of person who is an excellent candidate for alimony is a person who is temporarily disabled or permanently disabled especially if the marriage has been a long marriage. Another good candidate for alimony is a spouse who has seriously disabled children makes it difficult or impossible for a person to seek employment.

“Transfer of assets must precede any determination of child support because the needs ofeach party will be affected by the equitable distribution of marital.”

Rhode Island Child Custody and location plays a role in the pension decision. If the parties have children, the court will also make awards Rhode Island child support for the Court determines the pension award. The Child Support Award plays a major role in determining the financial resources of the parent’s physical custody of the minor child. A child support order also significantly affect the ability of individuals to afford alimony in the future.

needs and expenses of both parties is important in determining child support. Needs and charges are intertwined with the standard of living entities. The court can look at the following types of costs and needs: rent, mortgage, taxes, insurance, food, health insurance, uninsured medical expenses, prescription expenses, dental expenses, cable, internet, utilities, heat, gas, vehicle expenses, etc.

Although the behavior is a factor in child support decisions on RI alimony approved, it is not an important factor in child support is actually needed based. Implementation of such issues, drug or alcohol addiction, gambling problems, domestic violence plays a greater role in the equitable distribution of assets in the pension decision.

Awards pension needs federal income tax consequences. Alimony is taxable at the spouse receiving alimony and deductible by the spouse who pays child support. To qualify as alimony,

Child support will be told of the death of the payee spouse and the remarriage of the payee spouse. Payment of pension is taxable event for the payee spouse.

This is very different from the payment of support. Payment of child support is not taxable event. A parent who pays child support is not entitled to a deduction for the payment and receiving spouse does not charge income. Therefore, it is tax money to the parent receiving child support.26 71 USCA

The IRS has rules and regulations about what kinds of payments are considered alimony. The IRS has rules and regulations about when a parent tries to cover child support as alimony. Contact Rhode Island Divorce and Family Law Attorney of the tax effect and the rules for support payments. Detailed explanation of the tax laws and regulations to which they belong Child support is beyond the scope of this article.

Designation payments of child support rather than property distribution has consequences liquidation. An alimony award is usually not discharge CD Bankruptcy. Integration of Family Law, alimony and bankruptcy is also beyond the scope of this article. Contact Rhode Island Bankruptcy Lawyer / Attorney.

Another important issue, perhaps the key factor is whether the persons acquiring property settlement agreement in divorce. To alimony to be completely non modifiable’s alimony must accept the Property Settlement Agreement. The Court has no power to change the property settlement agreement. A Court can only enforce or interpret the property settlement agreement. In the event of impossibility of payment of the court could award equitable relief, both reform agreement between the parties. Please contact Rhode Island Divorce Attorney General whether it is advisable to negotiate Property settlement in your case.

Just draft Property Settlement Agreement and child support provisions in the Property Settlement Agreement is outside the scope of this article.

National Marriage is a very important aspect of the RI Family Court Judge looks to determine pension. The court needs to hear the testimony of a person requesting a pension plan to become sustainable and self-sufficient.

The court can also look at the relative ability of both partners to generate revenue and or buy property and assets in the future.

If a person is sentenced to pay alimony, and does not pay child support, the other person can file a contempt motion. If a person is found in willful contempt of court ruling could be jailed until they cleanse themselves of contempt. Rhode Island Family Court Judges are ignored by alimony their orders very seriously. If the child support award is modifiable, either party may file a motion to modify alimony based on a substantial change in circumstances

Rhode Island Legal Notice and Rhode Island rules of Professional Responsibility :.

The Rhode Island Supreme Court licenses all Lawyers / attorneys in the general practice of law, but is not authorized or confirm any lawyer as an expert or specialist in any field of practice.


Seeking help from Employment Lawyers in Making redundancy requirements


Getting dismissed from your job can possibly be one of the hardest things you can face as an employee if you are in that position now, chances are you are one of the many workers who are facing redundancy employment. While your rights as a worker are protected under UK employment law, it is still important to seek professional advice of employment lawyers to ensure that you get the most out of redundancy requirements.

Redundancy occurs when an employer needs to reduce the number of employees in cases such as when the company has closed or have moved or need to cut down on the number of employees due to the recession. There are much more specific guidance to establish a genuine redundancy but simply put, redundant employee is fired because his or her job is no longer needed by the employer due to changes in the company. If you are an employee who has been fired in this way, you have the right under the UK labor law to make certain claims from a former employer.

Although redundancy employed pretty much simple, it would be wise to seek advice of employment lawyers who can help guide you from beginning to end until you get redundancy rights and to make sure that your rights are not folded.

before all redundancy claims, however, it is important to make sure you’re qualified. By law, former employees filing for redundancy must have been employed for at least two years. Also, he or she will not be under twenty or past retirement age. Self-employed individuals and partnerships are not eligible for redundancy requirements. In addition, members of the service police and army, serving crown and parliamentary staff and workers with fixed-term employment three months or less is not always redundancy requirements.

Once you have made sure that you are capable to do your requirements, the next step is to decide how much money you should get. Although the law provides a formula to calculate the amount of your requirements, it is still best to refer to professional legal counsel for specific decision.

Employment lawyers are invaluable in ensuring that you are able to make the transition between the old job and the new as you gain redundancy work.


Elder Care Law – What Is Life Care Planning? Part 1


What is Life Care Planning all about? Well, I’ll answer that question with a question, and in fact many questions. I want you to consider whether you are dealing with any of these issues.

Do you or your family are struggling to meet the needs of an elderly loved one during a chronic illness or disability? Is the primary caregiver suffering from burnout, illness, frustration, guilt or confusion? Family members confused about care options, what to do next or where to help? Was older diagnosed recently with cancer, Alzheimer’s disease or other chronic condition? Is older sick or disabled children who live out of town? Have older experienced a catastrophic event like the fall, medication error or accident of any kind? Have family members discovered over there, malnourished, dehydrated or unable to provide self-care? Have older suffered ailments like stroke or heart attack? Elders express concern about paying for long-term care in the future? Children voicing concerns debilitating diagnosis of a parent? Is older hospital and the family has been told to come back home is not an option? If you see one of these signs of an emergency, your family can benefit from a Life Care Plan.

A Life Care Plan describes how the team will meet Elder Medical, long-term care, legal and emotional needs during long-term illness or incapacity – until death. The benefits to the family of freedom from the bondage of care-giving, repealing anxiety about paying for care, guidance with every legal, healthcare and long-term care decisions for the rest of your elder, the confidence that comes from having a plan for continued prudence and state veteran’s case safety because the spouse and dependents are provided for and peace of mind for the right to quality care is protected. The benefits to the elderly are getting proper care before, preserving independence as long as possible, the ability to age with dignity and security of knowing that you are sponsoring dedicated to maximizing the quality of life.

The Life Care Plan places special emphasis on issues surrounding long life. The Life Care Plan connects your concerns about long-term care as you go through the later stages of your life with the knowledge and expertise of veteran Law Attorney and Elder Care Coordinator who will be with you and your loved ones every step of the way to assist you in making the right decisions

There are three main objectives in the Life Care Plan we will help you develop and implement :.

First, help you and your loved one get well, whether care is provided at home or outside the traditional home setting, such as assisted living facility, or if necessary, a nursing home. This is the most important of all goals, it goes to the heart of quality of life in your later years. Life Care Plan is focused first on good health, safety and welfare.

Second, to help you make decisions related to health care, long term care, and special needs. There is comfort and relief to our clients and their families to know that they always have a resource experienced, knowledgeable, supportive and objective advisers with them every step of the way.

Third, help you find the resources to pay for good care, and help you spend your money wisely and prudently care needs. The Life Care Plan protects and preserves the assets you have accumulated over the lifetime of work, thrifty behavior and astute investment decision making. We work with you through the maze of choices and options to find the best, or often, the most convenient solution for protection of property issues created by the need to pay for quality long-term care.

The Life Care Plan will help you answer questions about long-term care and health care choices.

o What health care, chronic care and long term care services are available to me? How can I get good care I need and desire, whether I’m in my own home, the assisted living facility, the child’s home or in a nursing home?

o How will the financial and health care decisions to be made for me if I can not do it for me? Who can I trust to make sure that the decisions to be made are the right ones?

o If I can not take care of me, which will ensure my spouse continues to have a good life?

o If there is a health care crisis, what must we do? Where do we turn for help we need?

o How do I know I am getting well? Who will fight and catch me if needed to ensure my right to quality health care and long-term care?

o What public benefits I am entitled to and what I need to do to get them?

o Should I rely on Medicaid or other government benefits to help pay for my care? How do I apply for benefits?

o Do I have to spend all my money on my care, either at my home or in a nursing home? How can I protect my assets to think about my spouse, to make sure I get good care, or go to my children?

o How can I see for families with special needs?

Life Care Plan will be customized to fit your preferences and needs. Life Care Plan can then give you a roadmap to follow to achieve your goals. And when changes occur, we will be with you every step of the way.


Elder Care Law – What Is Life Care Planning? Part 2


Preparation for the potential cost of future impairment and long-term care is, unfortunately, a project that everyone faces as they age. You may never need long-term care. This year, about 9 million men and women over age 65 will have long-term care. By 2020, 12 million older Americans need long-term care. Four out of five older adults with chronic disease. The loss of a person’s ability to function day to day is a normal part of aging, and the losses become more severe as people get older.

When a veteran needs for long-term care can no longer be met either in the home or without the intervention of paid grant, older leaves what I call long-term care maze. The elder and family elder, are now embarking on an arduous journey through the murky waters. The tour begins with the observation that the current system in our country to address long-term care is a non-system, hodgepodge service that fails to meet the needs of the elderly and disabled in a variety of long-term care settings. It is economically inefficient and fails to ensure the quality of services provided.

Currently, the fund elderly long-term care services from a variety of sources, including private resources, such as personal savings, care donated by friends and family, and long-term care insurance and public programs, including Medicaid and Medicare. Medicare pays for health care, such as the Part A hospital benefits and benefits of part B doctor. Many of our clients start their initiation of long-term care maze of stay in the hospital, that Medicare pays for. Hospitals are under increasing pressure to shorten Inpatient stays. Patients who are not ready to go home can instead be discharged to skilled nursing, under Medicare limited skilled nursing benefit. As a result, people either stay for a short time in the Medicare skilled nursing or exhaust benefits during their stay. Many of our customers and their families believe that Medicare will pay for all long-term care. Medicare pays for health care, not personal or custodial care and it is limited in duration. Medicaid pays for intermediate nursing home care, provided the person meets certain income and asset levels and exemptions. Compensation veteran pays for health care and some long-term care costs depending on the facility and the status of veteran or spouse Veteran.

man preparing for possible long-term care needs have several options to choose. One option is to self-insure by putting aside savings and assets, and then add the personal resources with given free care or family and friends. In fact, the majority of impaired elderly rely solely on gave care and their own savings. Individual self but ensures maximum flexibility and control over their savings and assets, but must bear the full financial risk of impairment according to the amount and duration of functional loss. According to the Congressional Budget Office, senior general are not well prepared to pay for long-term care needs.

Although long-term care insurance may be available to pay for long-term care spending from long tert care insurance accounts for only 4% of total long-term care expenses. When it comes to paying the cost of long-term care – whether in a nursing home, assisted living facility, or community home based care – there are really only two choices for most people, the wealth or public benefits. These are not mutually exclusive. Rarely will the public pay the entire cost of any care, at least not for a long time. In fact, most public benefits programs in the United States have cost sharing or co-payment segment. For example, Medicare skilled nursing facility benefit will pay all costs for the first 20 days; for 21 to 100 a day, the patient pays a co-payment changes annually and in 2008 is $ 128 per day. In 2009 will increase to $ 133.50 per day. Medicaid requires that a nursing home resident pay all their monthly income to the nursing home, less certain allowable deductions as personal needs allowance.

Most health care systems are ill-equipped to address the needs of aging they are meant to serve. Modern health systems were established on the principles of acute care and are characterized by a focus on increasing specialization, efficiency and expediency. It is a system that is focused on healing the illness of the patient and immediately respond to health crises. Yet older patients with chronic diseases and other diseases require continuous care that bridges the traditional medical boundaries and care settings. Three major flaws in acute care model of health care. First, it does not support the people in their day-to-day self-management of chronic illness. Second, it does not harmonize or advocate for quality chronic illness care. Third, it does not provide the necessary support and funding other than acute care or nursing home care.

Life Care Planning is an innovative approach to elder law allows families to respond to all the challenges presented by long life, illness and disability. Peace of mind for seniors and their families is the goal of every Life Care Plan.