Many northern retirees have two addresses: one in their home state, such as Michigan; a second home/condo in Florida or Arizona. All have plans made to receive information if something happens to their house while they are enjoying warm southern weather during the usual nasty northern winters. A neighbor or family member keeps an eye on the house and goes inside periodically to check for damage – say a critter has chewed a hole in the soffit or a pipe has burst during a brutal cold spell. The plan is: “If you find any damage let me know and I’ll call the insurance company and get a contractor to fix it.”
Will the company honor the claim? Maybe not.
A recent decision of the Michigan Supreme Court reminds us that we only have insurance according to the strict words of the policy. The case is Yu v. Farm Bureau Insurance Co of Michigan. That case turned on the policy’s “occupied” home provision.
Homeowners can rest assured that they can go on vacation and their homes are insured. The same is true for Snowbirds.
But.
All policies have limits on the definition of “occupied.” A common term is that the owner shall not be absent from the home for more than six consecutive months.
So, what if a Snowbird leaves with the first freeze on November 1st and comes back May 15th? What if a spring windstorm blows a heavy tree branch into the roof on May 10th? What if they have a six month limit on unoccupied status? November through April is six months. Is the damage insured? Doesn’t look like it. It looks like the insurance company will deny the claim.
So, limiting one’s absence to just under the policy limit will guarantee coverage? Maybe not.
A policy may also have a requirement that the homeowner exercise due diligence with respect to maintaining the home while the owner is away. There can be other restrictions.
The moral is simply this: check your homeowner’s policy for your “occupied” coverage. An insurance company may legally put many restrictions on your coverage. You should review your policy and speak with a company representative to be sure you are reading it the same way they do.
How do you find an elder law attorney? There are many tip sheets that suggest that you get a free appointment and ask a lot of questions so that you can make your choice. The problem with that advice is that the best elder law attorneys do not give free appointments. They do not have time on their hands, their calendars are often full weeks in advance. And, in point of fact, family members dealing with an urgent matter don’t have time to take off from work and go see two or three attorneys.
A little bit of advance preparation can make the process speedier and the result much more satisfactory.
First, identify why you are looking for an attorney. Are you a child of an aging parent who needs help with his or her daily matters? Are you considering a situation that might go to court, such as a parent whose utilities are shut off for non-payment but refuses any help? Are you investigating government benefits for nursing home or in-home help such as Medicaid or Veterans Benefits? Does the elder have a disabled child who lives with the parent and will need protection after the parent dies? Was your elder injured in a senior apartment or nursing home?
The point is not all elder law attorneys handle all matters.
Here are things you can do to narrow down your choice before calling for an appointment:
1. Do not merely rely upon the recommendation of a friend or co-worker. While such tips are very valuable, the attorney may have met their needs but will not meet yours. Take the name into consideration and do further research.
2. It is a good idea to do your own research on your matter. While you should not expect to come to a complete answer, you will be more informed and can get more out of the appointment with the attorney. You will be able to ask informed questions and ask about alternatives.
3. Review the attorney’s website. While this is an obvious step it can answer many questions about the attorney’s experience and matters handled. You can call to confirm that the attorney handles your situation.
4. Is the attorney member of an elder law association? This would include membership in the National Academy of Elder Law Attorneys (NAELA.org) or the State Bar Elder Law section. If you are considering Veterans benefits for an aging Vet look for membership in a veterans advocacy organization. Note that it is not sufficient if the attorney is certified for practice before the Veterans Administration. Why? Because any attorney can request admission and it will be granted. However, the VA does require proof of completion of continuing education classes after one year and that bears positive consideration.
5. Is the attorney certified in elder law? The National Elder Law Foundation’s (NELF.org) certification process includes years proof of experience in elder law matters, requires peer recommendations and the applicant must sit for an all day written exam. Less than half pass the test. Many State Bars associations offer their own certification process or will recognize other certification providers.
Upon making an appointment.
6. When you have identified an attorney or two, consider whether you will feel comfortable working with her or him. Not all attorneys have the same “bedside manner.” Some are very gregarious and seem to spend more time socializing than practicing law. Some are very analytical and can come off “cold and distant.” Some are “business persons” who seem to sell a “solution for your problem.” While any of the attorneys may be offering sound advice you want to feel comfortable working with him or her.
7. If after an appointment, you feel like the attorney did not listen to you or he/she recommended a course of action that doesn’t feel right for you, consider getting a second opinion.
8. In the final analysis when it comes to dealing with problems associated with aging, some informed action is better than none. That is true even if “the attorney is a jerk.” The alternative to timely protective action is lifetime probate of guardianship. While there are cases when involvement of the probate court in an elder’s life is a good thing, the truth is for most folks the significant time and expense is something to be avoided.
When might the probate course be best? Your only recourse may be to petition the probate court to hold a hearing to appoint a guardian when there is no trustworthy person to help the elder or the elder refuses to allow any needed assistance.
If you follow the above tips you should have a satisfactory experience with your lawyer.