In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 20, 2006 / 20 Adar, 5766

Independent living the antidote for homelessness

By Jan L. Warner & Jan Collins

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http://www.JewishWorldReview.com | Q: I am 82 and in fairly good health. At my daughter's suggestion, I began living with her and her husband shortly after my wife died 10 years ago. Since they offered to add a small apartment onto their home to make me comfortable, I made a gift to my daughter of $85,000 to cover the construction and expense of furniture and appliances. My accountant told me that because of the size of the gift, I would have to file a gift tax return, which I did. Since then, I have paid my daughter and son-in-law $750 each month for my share of the food and utilities, etc. Otherwise, I pay my other expenses. I have a son who lives with his wife and two children about 800 miles away, and he visits and calls only occasionally.

I thought things were going OK until my son-in-law told me last week that he and my daughter were planning to sell the house and move to a smaller place, and that I would have to go to assisted living or live with my son. To make things worse, he told me that I had put a strain on their marriage, something I tried very hard not to do.

When I gave my daughter the money, I thought I would be able to stay with her until I got so bad that I needed to be cared for in a nursing home. Since I still drive, take no medicine and exercise every day, I am far from needing a nursing home. My Social Security and retirement income is $2,500 monthly, and I have better than $225,000 in certificates of deposit. My son (who says he can't take me in because he has no room) says that I should get my $85,000 back from my daughter. I have no close friends in the area and feel that I have nowhere to turn. I am afraid that if I go into assisted living, I will lose my abilities before my time. I know I will have to sign a new will and power of attorney. I never expected to be homeless at my age.

A: Based on your good health and independence, we see no need for you to even consider an assisted-living facility today. Instead, you should check out independent senior living facilities and communities in your area, where you can probably find a suitable apartment, condominium or even a patio home, depending on the layout of the community. There, you will be able to mix with folks your own age who, like you, are still very independent and have their abilities, as you put it. Choosing a senior community that best fits your needs and pocketbook is a task that requires a lot of planning. You will probably want to take tours of the various campuses in your locale and even spend the weekend to acclimate yourself. If you feel lost and would like some help, we suggest you contact a professional geriatric care manager by visiting the National Association of Professional Geriatric Care Managers' Web site at www.caremanager.org.

From what you describe, your son's idea about getting reimbursement from your daughter has no legal foundation. This means that if your daughter and her husband voluntarily give you one nickel, it will be a gift. And if it is gift, to the extent you receive more than $12,000 in any one year from either of them, or more than $24,000 from both of them, they will be required to file a gift tax return.

Here, you made an absolute gift to your daughter of $85,000 with no strings attached. The "agreement" you felt you had with your daughter was not a written condition of the transfer of your funds. Plus, you filed a federal gift tax return.

Even if you are dealing with family, don't think you won't need that written agreement. Because of situations like this — which are becoming more and more prevalent — a written agreement setting out what each person involved expects and will receive should be signed by all interested persons.

With your income and remaining assets, you should have no problem affording a comfortable independent living environment. If you and your daughter are still getting along otherwise, there would be no real reason to change your powers of attorney; however, if you are not, you should consider the replacement carefully. Since your son lives far away and has little contact with you, your daughter may still be the best choice. However, make sure your power of attorney does not become effective unless and until you are incapacitated (called a springing durable power of attorney) and, under these circumstances, since you want to make sure all the rest of your money is available for your care, we suggest that there be no gifting authority granted to your agent. And one last thing: Had you contacted an elder law attorney before forking over $85,000, we can think of at least two ways in which you — and your money — would have been protected.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.


© 2006, Jan Warner