Posts in category: Uncategorized

Benjamin Franklin said it best – “nothing in life is certain except death and taxes” but with daily advancements in science, technology and health care, Americans are living longer than ever before*. This blessing however, has created a unique dilemma for modern American families: How to plan for and prepare for one’s retirement years.

Have you taken a road-trip lately? Almost every highway is graced with large bill-boards providing the locations of new planned communities where couples can spend their retirement years dedicated to recreational pursuits. I doubt you will find a local newspaper that doesn’t have at least one ad promoting the amenities found at a local assisted living facility. Try to search for “nursing homes in Virginia” on the Internet and thousands of web pages will appear. Each and every day new facilities offering different programs are being built and marketed across the state.

Is such a facility right for you and your family? If so, which facility? We often hear the terms “retirement community,” “nursing home,” and “assisted living facility” but rarely consider what these terms actually mean. The differences however, are striking and it is imperative to understand these differences when making choices for yourself or your loved ones.

NURSING HOMES

In Virginia, a nursing home means any facility with the primary function of providing long-term nursing care, nursing services and health-related services on a continuing basis, for the treatment and inpatient care of two or more non-related individuals**. Put simply, a nursing home is a facility designed for someone who needs less care than a hospital, but requires daily health care assistance.

The Virginia Department of Health licenses such facilities and has established guidelines regulating various aspects of their operations, programs, and staffing needs, etc***. For example, a nursing home must: (a) have written policies and procedures regarding the treatment of residents and the management of resident care which are available to residents and their families (12VAC5-360-20); (b) provide emergency medical services within 15 minutes, under normal conditions (12VAC5-360-50); (c) be subject to unannounced on-site inspections of the nursing facility by State employees (12VAC5-371-60); (d) have a written agreement with one or more physicians licensed by the Virginia Board of Medicine to serve as medical director (12VAC5-371-230); and (e) each resident shall be under the care of a physician licensed by the Virginia Board of Medicine (12VAC5-371-240).

In addition, residents of nursing homes are also given certain rights as defined by Virginia Code §32.1-138. See http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+32.1-138. Nursing homes are the most regulated and structured residential options for our Seniors requiring some level of daily health care. If the facility provides care through Medicare and Medicaid programs, it is deemed a “Certified nursing facility” (Virginia Code §32.1-123; Virginia Code §32.1-127) and must be in compliance with both federal and state laws.

Of course, the more rules and regulations that define and control the daily operations of a nursing home, the greater the responsibility of the staff. These are the people who will be charged with the daily task of caring for your loved one, and making sure they are in compliance with state and federal laws. No matter how nice and or attractive the facility might be, the staff will make the difference between your loved one being cared for and encouraged, or not.

A nursing home is best suited for someone:

• Who requires daily health care – such as assistance getting in and out of bed; taking medicine; or using the restroom.
• Who may have dementia or Alzheimer’s and as a result, is unable to eat and or bathe daily without reminder or assistance;
• Who is recovering from a fall or accident and is therefore unable to walk, dress and or eat without assistance

ASSISTED LIVING FACILITY

“Assisted living facility” means an adult care residence which has been licensed by the Virginia Department of Social Services to provide a level of service for adults who may have physical or mental impairments and require at least moderate assistance with the activities of daily living. Within assisted living, there are two types: regular assisted living for those seniors (typically) who need assistance with one or more daily activity; and intensive assisted living for someone who may be incapable of performing activities due to mental and/or severe physical impairment (12VAC30-120-450).

The Virginia Department of Social Services licenses assisted living facilities but does not regulate in the way the Department of Health regulates nursing homes. While there are Virginia guidelines regulating aspects of assisted living facilities, they are limited: An assisted living facility must: (a) provide or coordinate personal and health care services; and (b) provide 24-hour supervision.

As reflected in the table below, assisted living facilities have no obligation to provide health care and/or have health care staff available to assist your loved one. In addition, with no obligation to provide such services, there is the question as to whether or not they owe a duty to warn or treat residents with illnesses or diseases that could be transmitted from other residents.

While a nursing home will have many nurses on staff and doctors hired to monitor the residents, assisted living is more analogous to an apartment building or college dorm where laundry and food services are provided and residents are on their own for the rest of the day.

An assisted living Facility is best suited for someone:

• Who is basically independent but may not be able or willing to prepare their own food or drive to doctors’ appointments;
• Someone who wants to scale back and anticipates needing assistance with laundry, cooking, etc. in the near future.
• A couple where one spouse is independent but may need assistance in feeding and or providing for needs of other spouse.

CONTINUING CARE RETIREMENT COMMUNITY

In Virginia you may also see advertisements for a retirement community. They are popping up all around our favorite College Towns and Tourist destinations.

A Continuing Care Retirement Community provides care depending on your current needs. Like an insurance policy, the resident pays an entrance fee and periodic adjustable payments, which in turn gives the resident a package of residential and healthcare services that the CCRC is obligated to provide at the time these residential and health care services are required. For example, if upon entering, all you want is help with your meals, that is the only service which will be provided. If you require intensive physical therapy or God forbid, daily assistance for a Dementia patient, the CCRC has assisted living services or nursing home services available under your contract. Continuing care contracts are regulated by the Virginia Bureau of Insurance of the Virginia State Corporation Commission.

Many CCRCs can have nursing home services available either on-site, or at licensed facilities off-site (12VAC5-360-10). While you may be entering the Retirement Community as a very healthy independent and capable resident, as your needs change, so will your contract with the Community and in turn, the facility’s obligations to you.

A Continuing Care Retirement Community Facility is best suited for someone:

• Who is basically independent but anticipates the need for daily health care for themselves or a spouse in the near future;
• Someone who is physically disabled and would be unable to care for themselves or a spouse if the disability grew worse.

With at least three very different choices, it is very important to do your research:

To research assisted living facilities in Virginia, go to Department of Social Services website: http://www.dss.state.va.us/facility/search/alf.cgi.

To research nursing homes, go to Medicare’s website: http://www.medicare.gov

AND LAST BUT NOT LEAST

It is always best to speak to a family member of a current resident and spend time getting to know the staff, no matter what type of facility you are looking into. If looking and researching is not enough, then consider the chart below – a comparison of the legal duties of a nursing home compared to the legal duties of an assisted living facility in Virginia.

DUTY or REQUIREMENT

NURSING HOME

ASSISTED LIVING

Duty to provide nursing care and or monitor resident’s health?

YES

NO

Doctor required to supervise residents?

YES

NO

Each resident shall be under the care of a physician licensed by the Virginia Board of Medicine?

YES

NO

Must have nurses on staff?

YES

NO

Must offer rehabilitative services?

YES

NO

Must have ongoing consultation from a registered dietitian or dietitian on staff?

YES

NO

24 Hour Supervision required?

YES

YES

Must develop a written plan upon admission of resident?

YES

YES

Staff must undergo criminal background check?

YES

YES

Monitored by Virginia Center for Quality Health Care Services and Consumer Protection

YES

NO

Monitored by Department of Social Services

NO

YES

*Life expectancy increased dramatically during the past century, from 47 years for Americans born in 1900 to 77 years for those born in 2001. These same factors—improved medical care and prevention efforts— that are partly responsible for the dramatic increases in life expectancy have also produced a major shift in the leading causes of death in the United States in the past century, from infectious diseases and acute illnesses to chronic diseases and degenerative illnesses.” The State of Aging and Health in America 2004, published by the Center for Disease Control, available at http://www.cdc.gov/aging/pdf/State_of_Aging_and_Health_in_America_2004.pdf.

**See generally, Virginia Code §32.1-123, as amended and Virginia Administrative Code § 12VAC5-360-10.

***It is a Felony under Virginia law to operate a nursing facility without a license. See generally, 12VAC5-371-30.

A funeral home is a business that offers a variety of burial and funeral services intended to help families dispose of their loved one’s remains in the manner of their choosing. There are a considerable number of goods and services offered by a funeral home, but not all will be selected by individual families. Each family is unique, each death is unique, and therefore each funeral service is unique. The type of goods and services chosen by the family will also be unique, depending on the wishes of the family and/or of the deceased. Families can customize the funeral service according to their needs, choosing from a range of services that best honor their loved one’s memory.

The death of a loved one is a difficult time for families, and many people are unsure about the process of planning a funeral. Typically, the family will work closely with a funeral director, who will ensure that their loved one’s funeral services are planned in accordance with their wishes. The funeral director can help them choose the best services to honor their loved one in the most solemn, memorable and dignified way possible. Below are just some of the many services available at most funeral homes:

Retrieval and Embalming of the Body: The funeral home is responsible for retrieving the corpse from the place of death (hospital, house, nursing home, etc.) and transporting it to the funeral home. It is in the funeral home where the body will be prepared for proper disposition. The funeral director will explain all of the available options to the family, and help them in making the right choices for their loved one, including whether there will be a viewing of the body or whether the body is to be embalmed before the burial. If the body is to be cremated, the funeral home is responsible for transporting the body to the crematorium, if they do not operate one on-site, and retrieving the remains after the procedure.

Preparation and Handling of the Body: Funeral home staff are responsible for handling the body with the utmost dignity and respect at all times while your loved one is being prepared for the funeral. This includes not only washing and embalming of the body, but also preparing the body for viewing. Funeral home staff will perform such services as dressing the body, hairdressing, putting on makeup for a life-like look, and placing the body inside the casket for viewing and burial. The family needs to be assured that the deceased person will be handled with the utmost care and respect during this process.

Processing of Paperwork: Documentation upon the death of a loved one can be overwhelming to grieving family members. Death certificates, special permits, and authorizations are just some of the paperwork that needs to be completed and filed for the deceased. The funeral director will gather information from the family to prepare the necessary paperwork, and ensure that all the paperwork is filled out and duly filed with the appropriate authorities. As many members of the family may want a copy of a death certificate, the funeral home must secure the correct number of certified copies of the death certificate to be given to the requesting parties. It is also the responsibility of the funeral home to transmit obituaries to newspapers and other news media so that relatives, colleagues, and friends of the deceased will be aware of the planned funeral service.

Funeral Planning and Concierge Services: The funeral director will help the family decide upon the details of the funeral service, and ensure that all funeral details are carried out according to the family’s wishes. This includes arrangements for the where the funeral will be held, where the memorial service will be held, and whether the body or cremated remains will be buried, scattered, or disposed of by some other method. The funeral home will also assist the family in ordering the flowers needed during the service, the casket or urn to house their loved one, and other arrangements for the funeral service. Most funeral homes also offer a car service to pick up relatives at the airport and a concierge service to make hotel and restaurant reservations for the incoming family members.

Funeral homes provide a range of services that can help a grieving family make the right choices when planning their loved one’s funeral. It is important for funeral directors and staff to offer compassionate care and understanding to the grieving family.

Representation:

In Israel, (as in many states in the United States), a real estate agent, may represent both the buyer/renter and seller/leaser. Please bear in mind that this does not free one or the other party from payment. If both sides are represented by the agent, then each side independently of the other, must pay the agent the agreed upon fee (unless of course it was stipulated and agreed upon otherwise).

When you decide to sell, purchase, rent or lease a property, we will usually ask you to sign a form, (which is a binding legal document), in regard to the specific property.

It is wise for you to read this document, which is basically used, in one configuration or another, by all licensed agents in Israel. The form clearly states the agent’s fee (in case of a deal) and stipulates that if one attempts to circumvent the agent by asking a father, mother, sister or brother to purchase the property, you are still obligated to pay the agents fee. It is also important to note that the basic agreement stipulates that once you have signed to purchase, sale, rent or lease the property, from that moment you are obligated to pay the agents fee.

It should be noted that Real Estate Brokers and Agents MUST be licensed. If you demand to see the license of a broker that is up to date (either a piece of paper or a card issued by the Real Estate office which is under the auspices of the Ministry of Justice) and the Broker cannot produce it, there is no legal binding between you and the broker – no matter how many documents you sign.

Fees:

All fees listed here are the basic fees that agents in Israel charge in regard to properties. There are certainly some cases where we will take more than 2% or less. However, these are rare and very specific cases, and usually if not stipulated otherwise you are looking at a normative fee scale, practiced by most Brokers and licensed agents in Israel.

1. Purchase or sale – 2% of the amount Plus VAT (VAT=Value Added Tax and currently it is 16.5%. This is a tax that is added by the government on to any sale of goods or services. This is NOT given to the discretion of the agent to charge or not to charge. No matter what the final price paid, the agent must pay VAT to the VAT authorities.) VAT however, is not added on to the price of the property sale, unless it is a commercial property.

2. Rental or Leasing – is usually one month of rent. Thus if you decide to rent an apartment for $1500 per month, then you will owe twelve months worth of rent to the owner for one year, and $1500 + VAT to the agent. Again VAT is not added on to the actual rental (except in commercial properties), but only to the agents fee as this is considered a “service industry”.

3. Short Term Rentals – Fees for this can vary drastically, depending upon the length of the rental and the actual rental fee. Normal policy is to take between 10-15% of the overall deal.

Can you negotiate?

Most reputable real estate agents have strict policies of non-negotiation in terms of fees. They will, of course, for returning clients, or for those who use our agency for more than one property, discuss a reduction in fees. However, please do not expect them to negotiate a fee before they have any idea about what it is you wish them to do. Also, just because you decided to take the first property you were shown, does not mean the agent should go down in his fee. Actually, in such a case, you should be more than willing to pay the agents fee, as due to their ability and knowledge, they were able to take you to exactly the place that met with your description! You took an agent to save you time and frustration, and that is exactly what they did.

Exclusivity:

If you are familiar with agents in Israel, they love the term “exclusivity”. In essence what it means, is that you contract with a specific agent for a term of 3 or 6 months to be the sole representative to either sell or lease out your property. The advantages of this type of relationship are many-fold. The agent will not hesitate to advertise the property or work together with other agents who may have clients for your property. The agency will also fully advertise the property both in print and on the Internet. In Jerusalem, the apartment will also be listed in Shiran, the multiple listing for Jerusalem properties.

So yes, exclusivity will pay off in many cases. However, and this is critical, agents cannot demand exclusivity nor try to talk you into it. It is the owner’s decision to go that route. You should want to do it if the agency is reputable in the real estate and land investment market and thus you will want to sign exclusivity with more than the agency wants you to sign it! However, not signing exclusivity also works well and most agencies maintain working relationships with many reputable agents on the market, and deal with them on a constant basis.

Real estate agents liaise between home owners and buyers to conduct the sale, purchase or rent of properties. They work for brokers and play a major role in assisting people buy or sell residential, commercial or industrial property. They keep and maintain an up-to-date account of property listing and other relevant housing information to stay abreast with properties available on the real estate market. They subscribe to several listing services to advertise and market properties up for sale. They also contact property and market properties up for sale. They also contact property owners to obtain information regarding a property.

As part of their responsibilities, estate agents present sales and purchase offers to clients for consideration. They advise them on property rates, legal requirements and general market trend. They also interview clients to determine their property preference or specification. Usually, they prepare a list of properties that best match the needs and requirements of clients. They visit and inspect properties in order to establish precise property value. They also proffer recommendations to clients on properties that best suit their budget and preference.

Most estate agents oversee the preparation of closing statements, purchase agreements, representation contracts and other necessary documents required for estate trade. They conduct negotiations between property sellers and buyers to establish price and other terms of sales. They also liaise with pest control operators, home inspectors etc. to ensure the terms and conditions stated in a purchase agreement are met prior to the closing of sales.

In fulfilling their role, real estate agents oversee the closing of property sales, they ensure payment is complete and appropriate documents signed. They maintain contact with clients to offer them real estate services/products and assist with the resolution of issues. They also provide consultation services to clients to recommend strategies for the speedy sale of property. They often conduct training programs for junior/trainee sales agents to enhance their sales skill. This job position requires at least a high school diploma, state license for practice and an aptitude for sales. Qualities needed for the job include persuasion, interpersonal skills and problem-solving skills.

Real Estate Agent Job Description Sample

Given below is a sample of the job description usually handed real estate agents by most employers:

• Act as liaisons to conduct real estate trade between property buyers and sellers
• Present sales offers to clients as well as bid on available properties
• Carry out investigations to determine client credit status and ability to complete payment
• Inspect properties to appraise its value and estimate the worth on the property market
• Interact with clients to identify their requirements and proffer recommendations on properties that best suit their budgets
• Assist home sellers in promoting their buildings on property listing services to attract clients for purchase
• Prepare and deliver sales pitches to clients in order to secure real estate contract
• Provide clients with a list of properties available for sale to assist them in making choice selection
• Conduct price negotiations between property buyers and sellers to ensure a fair bargain for both parties
• Provide clients with a tour of residential, industrial or commercial properties to showcase and explain property features
• Carry out investigations to confirm clients have clear property titles
• Provide appropriate reply to client’s enquiries concerning property appraisals, financing, maintenance etc.
• Examine property premises to recommend maintenance measure required to improve the face value
• Assist clients in evaluating mortgage options to obtain the best rate and terms
• Attend conventions, conferences and seminars to improve existing job knowledge and expand personal network.

If you are a recruiter needing the best real estate agent to hire, you can use the sample job description above in making one for your company, for use in hiring and assigning duties to the successful candidates.

Although, there are over 1.3 million, real estate agents, in the United States, only, a small – minority, of them, are responsible, for the vast majority of the transactions, which occur! Since, for most of us, the value of their house, represents, their single – biggest, financial asset, wouldn’t it make sense, to very carefully, choose the individual, to hire, to represent you, and your best – interests? How should quality agents, demonstrate, and prove, their value? Doing so, demands a variety of skills, assets, attitude, persistence, discipline, integrity, etc, and, there is no such thing, as one – size – fits – all! Before, hiring the right person, to serve and represent, one’s interests, it is essential to, clearly, prove, he is worthy of their respect, etc! With, that, in mind, this article will attempt to, briefly, consider, examine, review, and discuss, 8 ways, quality agents consistently, prove their worth/ value!

1. Effectively listen to prospective clients: Observe, when interviewing agents to represent you, whether, the individual, effectively, listens, to you, and your personal needs, concerns, priorities, etc. How can anyone, represent your best interests, unless/ until, he commits to doing so?

2. Thoroughly, discuss, and discover, what prospective client, seeks, and needs: While some proceed, by trying to, merely, tell someone, what he believes, they want to hear, I strongly believe, in my service – mark, I’ll always tell you what you need to know, not, just, what you want to hear! It is wise, for client and agent, to know, trust, and believe, in – each other, throughout the process!

3. Discuss/ explain suggested marketing plan: What makes one’s marketing plan, different, in a meaningful way, from others? Since, one’s house, is so financially (and, other ways) relevant, it’s essential/ important, for both sides, to work together, on the same – page!

4. Explain concept/ teamwork/ strategy: Real estate agents, owe it, to their clients, to thoroughly, explain their concept, strategy, reasoning, action plans, and, the importance of well – considered, teamwork!

5. Commitment/ discipline/ efforts: Agents can’t, and should never, go – through – the – motions, and proceed, forward, with the level of consistent, true commitment, and the discipline, to maximize their efforts, for the client’s best – interests!

6. Regular updates: Communication, and providing regular reviews, and updates, must be an obligation, for agents! An essential component of representing someone, during stressful times/ periods, is holding – their – hands, throughout the entire period/ process/ transaction! From the onset, it’s important to pre – plan, for, regular, periodic updates, to thorough discuss, all relevant components, and/ or, necessary adjustments, during the period!

7. Quality negotiating: It takes quality negotiating, and an understanding of market, and economic conditions, in terms of supply – and – demand, etc, to make a significant difference, for the better!

8. Close the best deal: Meaningful representatives listen to potential deals, and help, bring them, forward, and, then, have the skills, and self – confidence, etc, to close the deal, with the best combination of minimizing the amount of time needed, enhancing the price offered, and addressing, any, and all conditions, etc.

Hire an agent, who will strive, to clearly, demonstrate, and prove his value, consistently, by a combination of skills, efforts, and a positive, can – do, attitude. Before you, buy, or sell a house/ home, doesn’t it make sense, to hire, the right agent?