For adult children raising kids of their own, assuming the role of caregiver for one’s parents can be extraordinarily difficult without the help of proper legal documents. We have discussed the importance of The Talk. The information gleaned from this discussion provides a foundation for the creation of effective legal documents that express and protect your parents’ wishes. These documents include a Will, a Power of Attorney, a Living Will/Healthcare Proxy, and a HIPAA Medical Release. Let’s take a quick look at these documents. A Will directs how a person’s estate is to be administered and how his or her assets will be distributed after death. The person who creates the Will is called the Testator while the individual who settles the estate is known as the Executor. Naming the Executor and specifying “who gets what” in advance can help eliminate family infighting. A Power of Attorney allows an individual
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You’ve no doubt heard about assisted living and nursing home care, but there are many other long-term care options available. An article by U.S. News & World Report provides an introduction to the types of care now available. You can read the full article by clicking here. Adult Day Care Adult day care offers relief to family caregivers and a safe, social environment for older adults. It is suitable for people with mild cognitive impairment, Alzheimer’s disease, or other forms of dementia; people who could benefit from speech, music, occupational, or physical therapy; and elders who crave activities and interaction with peers. Adult day care centers for people with dementia occasionally offer nighttime hours in recognition of the fact that some seniors are more active at night. Aging in Place The concept behind aging in place is to live independently in your own home and community as you grow older.
Continue Reading... →The term “sandwich generation” refers to people who are raising their own children while simultaneously trying to care for aging parents. If you are “sandwiched” between these two roles, the stress can seem overwhelming. Here are some tips for managing the challenge. Have “The Talk” with Your Parents as Soon as Possible. “The Talk” involves speaking with your parents about their wishes regarding long-term care and who will be able to make decisions on their behalf in the event of incapacity. By addressing these issues early and openly, you can then take steps to create legal documents to ensure your parents’ care will reflect their wishes (more about these documents later). Be sure to include your siblings and other members of your extended family in these conversations so that everyone is on the same page. This will help eliminate disagreements, which can quickly turn ugly, about what mom and dad
Continue Reading... →According to the American Humane Society, approximately 46 percent of households have at least one dog and 39 percent of households have at least one cat. We love our pets, and they provide us with plenty of love in return. Tragically, however, shelters and veterinarians euthanize approximately 500,000 pets each year when their owners predecease them. How can you be sure your beloved animal companion will receive proper care when you are no longer able to provide it yourself? A trust may be the answer. The main objective of using a trust to care for your pet is to provide a flexible method for managing financial assets for the benefit of any pets that survive you. The appropriate amount of money to fund the trust varies according to your pet’s age, condition and needs. With a properly designed trust, you can also designate a party to act as “caretaker” for
Continue Reading... →Our clients often express concern about protecting the inheritances of their children. Sometimes, parents worry about the security of a child’s job and what will happen if he or she loses that job, cannot pay bills, and subsequently loses the inheritance to creditors. Other times, parents worry about the influence a child’s spouse has over their child’s money management decisions. A child embroiled in a “bad marriage” frequently leads to parental concerns over an inheritance being diminished or lost through divorce. Finally, parents often wonder whether their children are mature enough to handle an inheritance on their own. Fortunately, there are a number of ways for you to leave an inheritance to your children and protect that inheritance against threats such as these and more. Certain types of trusts, for example, have the power to accomplish this goal, with the added benefit of avoiding probate. Here are a few examples.
Continue Reading... →Incapacity is defined, from a legal standpoint, as the inability to make sound decisions regarding one’s personal or financial affairs. Failing to plan for the possibility of incapacity in advance can create significant problems for seniors and their loved ones, particularly with regard to managing assets and medical care. This is why we recommend that all of our clients have us design durable powers of attorney for medical care and finances. Here are some of the most important reasons to have your own durable powers of attorney. If you become incapacitated, you are able to choose the person who makes financial and medical decisions on your behalf rather than the court. Without powers of attorney, the court will appoint someone to manage your financial affairs and medical care in the event of incapacity. The person named by the court could very well be someone you would never have wanted to
Continue Reading... →In our last post, we discussed some of the mistakes to avoid when settling an estate through probate. Here are some others: Handling creditors improperly Every potential creditor of the estate must be notified about the estate going into probate. If the creditor is known, he or she can be notified personally. Unknown creditors, on the other hand, must also be notified. How? Through a notice published in a local newspaper. The probate must be kept open for a period of time mandated by state statute to allow creditors to file claims against the decedent’s estate. Failing to communicate effectively with estate beneficiaries Working closely with beneficiaries is not a legal requirement, but failing to keep them abreast of developments can be a big mistake. In fact, poor communication sometimes leads to unnecessary, and expensive, litigation. Remember: You are not the only one dealing with the loss of a loved
Continue Reading... →Last time, we looked at the causes and symptoms of dementia. Now, let’s take a closer look at Alzheimer’s disease. The causes and symptoms of Alzheimer’s disease. Alzheimer’s disease stems from a protein, called beta-amyloid, building up in the brain between nerve cells to from what are known as plaques. There is another protein, called tau, that accumulates in the brain and forms what are called tangles. This results in the neurons of the brain shrinking, and eventually, dying. As with Lewy body dementia, scientists do not know precisely what causes the initial onset of the protein build ups that lead to Alzheimer’s disease. The symptoms of Alzheimer’s disease may include: Short-term memory problems, and eventually, loss of long-term memory Confusion Impaired judgment Repeating the same questions and statements Getting lost, even in familiar surroundings Personality changes Changes in sleep patterns, such as sleeping during the day and being awake
Continue Reading... →Losing a loved one is difficult enough without the added stress of having to make important financial decisions while grieving. For many people, the duties and responsibilities of probating a loved one’s estate can feel overwhelming. The probate process is time-consuming, complicated, and, quite often, extremely frustrating. If you have been named as an executor or personal representative and are tasked with settling an estate through probate, you’ll want to avoid these common mistakes. Handling assets incorrectly One of the first things an executor or personal representative must do is secure all of the decedent’s assets. Accomplishing this requires taking different steps for different types of assets. For example, financial accounts may simply need to be closed, whereas real property (such as a house) might require making sure the property is secure and arranging for its maintenance. Categorizing assets incorrectly Some assets do not have to go through probate. When
Continue Reading... →Many people think that Alzheimer’s disease and dementia are interchangeable terms for the same medical condition. This is not the case. Dementia is an umbrella term that encompasses a variety of conditions associated with memory loss. Alzheimer’s disease, on the other hand, is a specific type of dementia. Let’s look at some of the similarities and differences between the two. The causes and symptoms of dementia. Dementia, in general, is caused by damage to cells in the brain resulting in the damaged cells inability to function the way they normally would. There are a variety of factors that can lead to brain cell damage, and these factors are what often distinguish one type of dementia from another. For instance, what is known as vascular dementia is typically caused by a stroke, whereas Lewy body dementia is caused by protein deposits (Lewy bodies) forming in sections of the brain responsible for
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