Elder Law

Estate Planning Alzheimer’s Disease Patients

Published on: July 29, 2015 | By McCulloch & Miller, PLLC

When a loved one has Alzheimer’s, advanced planning for legal and financial matters becomes even more important than in day-to-day estate planning. Ideally, planning well in advance, before the disease has taken a toll on the person’s cognitive abilities, may give them an opportunity to express their wishes for their care. The debilitating nature of Alzheimer’s and other forms of dementia is extremely stressful for family members who are charged with being caregivers and decision makers. Planning early with the help of an experienced professional can alleviate some of the stress that results.

Caring for a loved one with Alzheimer’s or a different type of dementia is a challenge that requires a great deal of planning in advance. An article in The Lincoln (NE) Journal Staraddressed a number of financial, legal and medical care issues – “Planning the future of a loved one with dementia.”

You will encounter a number of costs in caring for a person with dementia. Planning for these expenses and costs throughout the course of the disease will involve examining all the costs you could possibly face now and in the future. These can include prescription drugs, personal care supplies, adult day care services, in-home care services, and residential care services.

Can You Talk to Your Aging Parents About Finances?

Published on: July 27, 2015 | By McCulloch & Miller, PLLC

Talking with aging parents about their finances, their wishes, and the future, is never an easy conversation. When it became clear that her mother was starting to suffer from memory loss, Gwen started to speak with her mother about finances, accounts and final wishes. While she felt uncomfortable pressing her own mother for information, in the long run obtaining this information made things easier when Gwen, the daughter, ultimately had to take over her mother’s finances. While not all parents are willing to have these discussions, they are important to prevent the difficulties that eventually arise. Gwen Morgan, the author of “What If…Workbook,” a guide that helps gather and convey this type of information, notes that “People hold tight to their bootstraps.” Communicating early and often can help.

Even if your parents are reluctant to discuss their finances, the sooner the conversation begins, the better for all concerned. In an article posted on Go Banking Rates, “How to Talk About Money With Your Aging Parents,” the author shares a deeply personal experience with her own mother. Some parents are simply not willing to have these conversations, and several different approaches may need to be tried before you find the one that they are comfortable with. Not knowing key information could lead to family members needing to go to court to obtain the ability to gain control of their parents' finances and make medical decisions on their behalf. These scenarios can cause serious emotional and financial hardship for families.

Here are several strategies from the article to get aging parents to discuss their finances. Make sure that the conversation is respectful. Also make certain that it’s understood that you’re not trying to take over your parents’ finances. Starting with an area that doesn’t feel like a loss of power, may be more successful, the article advises.

VA Long-Term Care: Helpful Benefits Available

Published on: July 24, 2015 | By McCulloch & Miller, PLLC

A survey conducted by the National Association of Area Agencies on Aging, National Council on Aging and UnitedHealthcare reveals a frightening statistic in the United States of Aging survey. 97% of professionals supporting people 60 and older believe that seniors will not be able to afford their health care costs as they age. Only 3% are very confident older Americans will be able to manage health care costs. Not a pretty picture.

The high and ever-increasing cost of long-term care is the leading reason that professionals do not believe that seniors will be able to afford their health care. The median price of a private room in a nursing home now costs about $91,000 – an increase of 4% from last year. The survey on aging, reported on in an article in Forbes, offers a glimmer of hope with a look at a little-known program from the VA: "The VA Program That Pays For Long-Term Care for Vets."

About half of us will someday use nursing home care, and many others will need long-term care in assisted living facilities or at home.

California’s Proposed Changes May Help Seniors

Published on: July 17, 2015 | By McCulloch & Miller, PLLC

By the end of 2015, it is expected that 5.1 million persons age 65 and over will make their homes in California. Add aging baby-boomers to the state’s current migration patterns and it is entirely likely that the state will be home to more than 8.4 million seniors by 2030. A recent report by the Senate Select Committee on Aging and Long Term Care, A Shattered System: Reforming Long-Term Care in California adds clarity to what may become a massive fiscal challenge for the state and its senior residents: “Reliance upon our existing patchwork of programs and services to serve our growing aging and disabled population will result in unnecessary expenditures, inequitable access, and irrelevant services.”

California is trying to make progress in improving the services available to its growing senior population, according to an article in The (Crestline CA) Alpenhorn News titled “Legislative protection for seniors”.

California passed AB 1899 last fall, which required any licensee found to have abandoned residents of a residential care facility to be permanently banned from operating facilities in the state. Also, California legislators passed AJR 29 in 2014. This bill asked for the restoration of federal funding for senior nutrition programs that was reduced by federal cuts, as well as to exempt these programs from future budget cuts. The federal government’s reply to this request is stalled.

Elder Abuse Awareness

Published on: July 16, 2015 | By McCulloch & Miller, PLLC

In a new and dynamic partnership, The Office of the Kansas Securities Commissioner (KSC), the Kansas Department for Children and Families (DCF) and the Kansas Department for Aging and Disability Services (KDADS) recognized World Elder Abuse Awareness Day (WEAAD) earlier in July. WEAAD is a global program created by the International Network for the Prevention of Elder Abuse and the World Health Organization. The primary goal is to provide people around the world with the knowledge and awareness necessary to prevent elder abuse in their communities.

Elder abuse comes in many forms, The Hays (KS) Post explains in a recent article titled “Agencies encourage Kansans to help prevent elder abuse in their communities.” There can be physical, financial, emotional, neglect, or abandonment, with several types of abuse often inflicted at the same time. Financial abuse is considered to be the most common form of abuse to elders, and costs its victims $2.9 billion a year.

Investment fraud is an area of concern because the victims can have their life savings wiped out with little or no opportunity to recover. Investment fraud can come in many forms, the article warns. The investment might be deceptive on its face, or it could be a legitimate product or service that’s unsuitable for the senior’s situation. Other investment problems include unregistered products, theft of funds, and products sold by an unlicensed adviser or broker. Investors and caregivers are urged to “investigate before investing” and to verify if the claims are legitimate and whether there have been any complaints.

Grandparent Scam in High Gear During Summer

Published on: July 9, 2015 | By McCulloch & Miller, PLLC

The National Council on Aging has identified the Grandparent Scam as one of the top 10 cons targeting the seniors. The scam involves asking grandparents to send money to help out a grandchild in a legal bind.

This happens quite often, and many grandparents might be too embarrassed or scared to report it to relatives or police. An article from the Detroit Free Press tells us that in many instances, the victims don't see their money again, particular when it’s a wire transfer. The article, titled “Loving grandparents target of latest 'send money' scheme,” says that some Michigan grandparents were out $33,000 after being told their grandson was caught fishing without a license in Canada and had drugs and alcohol on his boat.

The FBI cautions grandparents to resist the urge to act quickly. Make sure you confirm the caller's story, as well as the grandchild's travel schedule.

New Laws Possible for Adult Chidren Visitation Rights

Published on: June 26, 2015 | By McCulloch & Miller, PLLC

Can you imagine not being notified if your parent had been injured, fell ill or had even passed away? With a recently increasing occurrence across the country, state representatives are proposing changes to ensure children have visitation rights to ailing parents.

Fox News shared Catherine Falk’s story in an article titled“'Columbo' daughter pushes for bill that protects the right to visit sick parents.” The daughter of Peter Falk, a five-time Emmy Award winner as Lt. Columbo, laughs as she recalls memories about her funny father, like forgetting about Christmas presents they had given him after he had put them in the trunk of his car, only to find them all there still the next year. But when he got sick, it was no laughing matter. Catherine claims she was kept out of the details of her father’s condition, including being able to see or talk to him. Thousands of adult children in America are finding themselves going through a similar experience.

In Falk’s case, she and her stepmother were locked in a court battle over conservatorship and access to Peter for years. In 2008, he became completely incapacitated from his advanced dementia. Catherine then decided to create the Catherine Falk Organization, which advocates for the rights of adult children to see their sick parents.

6 Tips to Ease Stress for Houston Caregivers

Published on: June 25, 2015 | By McCulloch & Miller, PLLC

Here are six suggestions to help prepare for some of the most common stressful situations that can occur during elder care.

The role of an elder caregiver is not an easy one, and many Houston seniors find themselves taking on this role without any preparation.

A recent Forbes article, “6 Things Caregivers Must Do While There's Still Time,” explains that many family caregivers are part of what’s called “the sandwich generation.” They’ve just stopped caring for their own kids and now have to start to care for parents or older relatives.

Can You Navigate the Medicare Maze?

Published on: June 24, 2015 | By McCulloch & Miller, PLLC

"If you get a claim denial, always contact your doctor or hospital to see if they can help you through the appeal," said Shirley Whitenack, president of the National Academy of Elder Law Attorneys and a partner with law firm Schenck, Price, Smith & King.

Larry Tocco retired last year from a job in the collections department of a credit union. After some medical treatment, he started receiving past-due notices from health care providers after his claims on a Medicare plan weren't paid. After several frustrating phone calls, Larry learned he was still on the active employee roll of the health insurance plan covering his former employer. As a result, his Medicare plan was considered secondary coverage.

A benefits manager from the credit union told him they sent the retirement paperwork, but the representatives with the Medicare provider said they didn't get it.

Senate Strives to Ease Medical Care Access for Veterans

Published on: June 11, 2015 | By McCulloch & Miller, PLLC

The bill relaxes a rule that makes getting specialized care from local doctors difficult for some veterans in rural areas.

The Associated Press investigated this new legislation in a recent article titled “Senate tweaks health law to boost specialized care.”