Posts Tagged Elder Law

Beware of these two scams targeting seniors

Beware of these two scams targeting seniors

Approximately 20 percent of Americans over the age of 65 have been victimized by some form of financial abuse, with the average loss per victim exceeding $120,000. While financial abuse is sometimes perpetrated by family members or “friends,” it is often the result of organized online and telephone scams. According to a recent study by Wells Fargo, nearly half of all seniors report that they know someone who has fallen victim to a scam. The Social Security Administration has issued a warning about scammers who pose as employees of the agency in an attempt to gather personal information about seniors. In one such scam, a senior receives a phone call with a recorded message claiming that his or her Social Security number has been suspended for suspicious illegal activity. The message provides a phone number that the person must call to rectify the problem and to prevent his or her

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The Benefits of an Irrevocable Living Trust

The Benefits of an Irrevocable Living Trust

Irrevocable Living Trusts, when properly designed and implemented, can provide an almost unsurpassed level of asset protection from the high cost of long-term care. And, like Revocable Living Trusts, they spare your family the delays, frustration and expenses of the probate process. Other reasons to utilize an Irrevocable Living Trust include: Tax minimization Avoiding the risks of placing assets in the name of your children Protecting assets against predators, creditors and lawsuits While many different types of Irrevocable Living Trusts are available, in essence all of them re-title your assets. Assets placed in an Irrevocable Living Trust can include a business, cash, investments, life insurance policies, and more. Why is an Irrevocable Living Trust better than a Revocable Living Trust at protecting assets against the cost of long-term care? Under current Medicaid laws, assets in a Revocable Living Trust are not fully protected. Why? Assets in a Revocable Living Trust

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How to Inspect A Nursing Home to Make Sure It’s Right for you or Your Loved One

How to Inspect A Nursing Home to Make Sure It’s Right for you or Your Loved One

An article by AARP discusses several factors to consider when choosing a nursing home. Here is a brief synopsis.  Inspect the grounds Are there outdoor sitting areas available and do the residents use them? Are dumpsters well concealed and relatively clean? Is it quiet or can you hear a lot of noise coming from traffic or some other source? Does it seem like you or your loved one would find the area relaxing and a nice place to sit? Talk to residents Ask residents if they like living at the facility. You can ask about the food, what a typical day is like, if there are activities and outings for residents, and whether the facility sponsors events for family members. The facility might be beautiful, but make sure the residents seem well cared for and content. Talk to the staff Ask people working at the facility about their jobs and

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Now is a Good Time to Make Sure Your Plan is Up-To-Date

Now is a Good Time to Make Sure Your Plan is Up-To-Date

Has your financial or medical situation changed since your plan was created? Have any of your children or grandchildren gotten divorced and remarried, or started families of their own? Do your beneficiary designations continue to reflect your wishes? What about the people you have chosen to make financial and medical decisions on your behalf—are they still willing and able to do so? Are all of your trusts properly funded? Your plan must take all of these issues, and more, into account for it to accomplish your goals. The fact is, an outdated or improperly designed plan is often worse than having no plan at all. As 2020 begins, you’ll likely reflect upon what kind of year 2019 was for you and your family. In doing so, we hope you’ll also take time to review your plan and update it to take into account any changes in your financial, medical and

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Managing a Medicaid Crisis

Managing a Medicaid Crisis

In the United States, the median monthly cost of a semi-private room in a nursing home is currently more than $7,500. The cost of a private room exceeds $8,500 per month. Depending on where you live, costs can be considerably higher. In addition, costs rise according to the level of care needed and they are expected to increase dramatically in the future.  (Please click to see the current costs for home care, adult day care, assisted living, and nursing home care in your area.) To make matters worse, nearly 70 percent of us over the age of 65 will require long-term care at some point in our lives and 20 percent of us will need long-term care for five years or more. All of this helps explain why so many families exhaust their life savings within a few years of a family member entering a nursing home. And why more

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The Spectrum of Care, continued

The Spectrum of Care, continued

In our last post, we discussed some of the options available for long-term care. Now let’s explore additional options, including assisted living and nursing home care. Medical Foster Home/Adult Foster Care A medical foster home is a private home operated by a trained caregiver. Residents may be elderly adults with chronic physical or cognitive health needs who require assistance in daily living, or younger adults with disabilities who want to reside in a non-institutional setting. The United States Department of Veterans Affairs oversees a program that encompasses about 700 U.S. medical foster homes and serves approximately 1,000 military veterans. Medical foster homes are not restricted to veterans, however. Many people in the United States live in non-VA adult foster home arrangements. Post-Acute Care Post-acute care is palliative or rehabilitative care for people who have recently been discharged from a hospital. Rehabilitation centers, nursing homes and other facilities may offer post-acute

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Know Your Options: The Spectrum of Long-Term Care

Know Your Options: The Spectrum of Long-Term Care

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.

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A Pet Trust – Reward Your Pet With the Best Treat of All

A Pet Trust – Reward Your Pet With the Best Treat of All

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

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Seize Control Over Incapacity with Durable Powers of Attorney

Seize Control Over Incapacity with Durable Powers of Attorney

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

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The Difference Between Alzheimer’s Disease and Dementia, continued

The Difference Between Alzheimer’s Disease and Dementia, continued

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

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