Category Archives: Elder Law

Five Signs Your Parents May Need Help

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It’s easy to know what to do when a parent has a medical crisis: Go to the ER. But without the red flags of an emergency, it can be hard to know if there’s a health problem that needs attention.

Often, there are subtle signs of trouble brewing. The following is a list of five signs that may indicate that an Elder needs help. These signs were published by Hospice of the Valley.

  1. Have your parents lost weight? Unplanned weight loss may indicate a medical condition, such as depression or cancer. Vision problems that make cooking difficult. Dental problems that make chewing painful.
  1. How is their appearance? Are their clothes clean? What about bathing and grooming? Unkempt appearance may signal depression or dementia.
  2. Do they seem safe in their home? Are there signs of falls, such as dents in the walls? Is there a system for making sure pills are taken? Scorched pans in the kitchen? Spoiled food in the refrigerator?
  3. Have they lost interest in their usual activities? Are they withdrawing from friends or dropping hobbies? These could signal pain, depression, or another health issue.
  4. How well are they getting around? Are they steady on their feet? Able to walk without problems? Any difficulty climbing stairs or getting out of a chair?

What you should do if you have concerns:

  • talk with your parents. Tell them what you’ve noticed and why you are concerned. Ask them how you can help, and then LISTEN.
  • get the doctor involved. If your parents refuse a doctor’s exam, send a note to the doctor outlining what you have observed. That way, the doctor can follow up at the next regular appointment.
  • solve problems together. Explore your parent’s preferences for handling the situation. Consider a family meeting so everyone can share in the discussion. You might also consult a geriatric care manager for help identifying possible solutions.
  • be patient. If you encounter resistance, take a step back. People often need time to think about what has been discussed. Rushing can just build resentment.

If you have attempted all of the steps above to assist your parent(s) to no avail, it may be time to seek legal counsel on the possibility of a Conservatorship. You can read more about Conservatorship here.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Gift Ideas For Long Term Care Residents

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Gift Ideas for Long Term Care Residents

The best gift that you can give to a nursing home resident is a visit. If you cannot visit or want to do something extra for the holidays or their birthday, the following is an adaptation of a list published by the California Advocates for Nursing Home Reform in the winter of 2011.

  • A new pair of slippers or a robe in a favorite color.
  • A gift certificate for a haircut, massage, or manicure.
  • Recent pictures of family and friends in an album, frames, or a bulletin board.
  • Video record a family event that the resident was unable to attend and enjoy watching it with them.
  • A subscription to a favorite magazine or newspaper.
  • Crossword or word search books. (Perhaps in large print.)
  • A personal television for the resident’s room or wireless headphones for their television.
  • A wireless reading device.
  • Quilt or lap blanket.
  • Regular deliveries of flowers.
  • Plant.
  • Tote bag for walker or wheelchair.
  • Luxury toiletries.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

 

Deed Scam

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Nothing makes me angrier than people trying to scam other people.  The latest scam has hit two of my clients in the last week.  Both received an official looking envelope with correspondence inside entitled Local Records Office.

The rather official looking documentation requests $89.00 to be sent in to receive a copy of their latest filed deed.  Only if you turn the document over do you see in very small print the words “not affiliated with any State or the United States or the County Records”. However the disclaimer is small and not very noticeable, so my clients could have easily complied with the request. Luckily, they called us first.

This so called service is really not a service that you need.  You can get a copy of your deed by requesting it from the recorder’s office.  However in most instances, you already have the document in your possession.  In my client’s cases, I had just recorded deeds for them, so I would have sent them the same document free of charge.

It is appalling to send out such forms, which look so official that most people would pay the charge without realizing that it is unnecessary.  The company apparently has just enough disclaimer language in the form to avoid prosecution and they do offer a service, although you could easily obtain the deed yourself and save your money.

All we can do is get the word out to try and help prevent people from being taken advantage of by this scam.  For every official looking form you receive, be cautions, check the back of the form for fine print. It can also be helpful to do a search on the name of the agency sending the information. When you type Local Records Office into google, you get a list of articles about the scam.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

What is Hospice?

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Hospice is a practice of specialized care for individuals nearing the end of life. But it is not just for the last few days. In fact, Medicare pays for months of free services to patients and their families. For instance:

  • Do you wish you had help with bathing your loved one?
  • Are you worried about keeping your relative comfortable and out of pain or suffering?
  • Do you wish you had 24/7 access to medical advice?

Hospice offers these services and more. Its goal is to support the patient and family emotionally, physically, and spiritually.

With hospice care, your relative receives regular home visits from

  • a nurse who comes to manage pain, nausea, and other uncomfortable symptoms;
  • a social worker with advice about local programs to help with special needs;
  • a trained volunteer who can stay with your relative once a week so you can have a needed 2-3 hours off.

Such services are free to persons on Medicare who meet these eligibility requirements:

  • An incurable condition
  • A doctor’s assessment that the patient is not likely to live longer than six months
  • Willingness to let go of curative treatment

With an emphasis on quality of life, hospice is the choice for patients who would rather enjoy the time they have left than continue with repeated hospitalizations and ER visits.  It’s also good for patients who are tired of dealing with the side effects of treatment that offers only a slim chance of recovery.

If you think your loved one could benefit from hospice care, ask the doctor a simple question: “Would you be surprised if [your relative] were to die in the next year?” If the doctor says “no,” then it’s wise to talk about if/when hospice would be a good choice.  In hindsight, many families say they wish they had signed up sooner.

To learn more about hospice click here.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Social Security – Fast Facts and Figures

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A new Social Security web publication, “Fast Facts & Figures,” answers the most frequently asked questions about the programs SSA administers. It highlights basic program data for the Social Security (retirement, survivors, and disability) and Supplemental Security Income programs. Most of the data come from the “Annual Statistical Supplement to the Social Security Bulletin,” which contains more than 240 detailed tables. The information on the income of the aged is from the data series, “Income of the Population 55 or Older.” Data on trust fund operations are from the 2012 Trustees Report. The tables and charts illustrate the range of program beneficiaries, from the country’s oldest to its youngest citizens. In all, about 60.4 million people receive some type of benefit or assistance.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Fire Safety for Individuals with Disabilities

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Each year an estimated 2,655 deaths and 13,025 injuries occur as the result of residential building fires. The risk of death or injury from fire is even greater for people with physical, mental or sensory disabilities. Special populations such as people with disabilities, people who are deaf or hard of hearing and individuals who are visually impaired can significantly increase their chances of surviving a fire by practicing proven fire safety precautions. The United States Fire Administration (USFA) encourages individuals with special needs to read and use the following fire safety tips to help protect themselves and their homes from fire.

1. Install and Maintain Smoke Alarms

  • Smoke alarms with a vibrating pad or flashing light are available for people who are deaf or hard of hearing. Additionally, smoke alarms with a strobe light outside the house to catch the attention of neighbors and emergency call systems for summoning help are also available.
  • If you need assistance, ask the manager of your building or a friend or relative to install at least one smoke alarm on each level of your home.
  • Make sure your smoke alarms are tested monthly and change the batteries at least once a year.

2. Plan Your Escape

  • Identify at least two exits from every room.
  • If you use a walker or wheelchair, check all exits to be sure you can get through the doorways easily.
  • Make any necessary accommodations, such as providing exit ramps and widening doorways, to facilitate an emergency escape.
  • People with mobility difficulties are encouraged to have their bedroom on the ground floor and as close as possible to an exit.

3. Don’t Isolate Yourself

People with disabilities often are excluded from the development of escape plans, as well as practicing using those escape plans and participating in fire safety drills. As a result, their vital input is omitted and their fire safety needs remain unfulfilled. Take initiative and speak up to ensure that all involved parties receive the fire safety information they need in case of an emergency.

  • Speak to your family members, building manager or neighbors about your fire safety plan and practice it with them.
  • Contact your local fire department’s non-emergency line and explain your special needs. They may suggest escape plan ideas and/or perform a home fire safety inspection and offer suggestions about smoke alarm placement and maintenance.
  • Ask emergency providers to keep your special needs information on file.
  • Keep a phone near your bed and be ready to call 911 or your local emergency number if a fire occurs.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Social Security Benefits Increase

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In January, 2013, Social Security monthly payments will increase by 1.7%.  The cost of living increase is low as a result of low inflation over the year.   Last year the increase was 3.6%.  This increase of only 1.7% is one of the smallest increases since automatic annual cost-of-living adjustment was adopted in 1975.

While any increase is certainly a benefit to Social Security recipients, it is expected that some of this increase will be wiped out by higher Medicare premiums.  Although exact figures for the increase in the Medicare premium have not yet been released, it is expected that the premiums will increase from $99.90 per month to approximately $107.00.

Social Security is funded with 12.4% taxes on wages of employees, with that tax being split between the worker and the employer.  The Social Security tax paid by workers had been temporarily cut from 6.2% to 4.2% for 2011 and 2012.  This tax rate will revert back to 6.2% in 2013 unless there is some change by Congress.  Social Security taxes were previously on wages of up to $110,100 and this amount will increase to wages of up to $113,700 in 2013, which will increases taxes for workers and employers.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Alzheimer’s Networking for Caregivers

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Caring for someone with Alzheimer’s or other dementia type illness is extremely demanding on the caregivers. We are always concerned about the stress on the caregivers and want to make sure they do not burn out or become ill themselves as they provide the care to their loved one.

Support groups for caregivers of Alzheimer’s patients offer help to those caregivers who otherwise feel so isolated.  However, often the caregivers are unable to attend the group meetings as a result of not having any other respite caregivers available.  If you find yourself in this situation, consider the use of social media outlets to provide needed support.

The Alzheimer’s association has developed its own social media site called ALZconnected.  This site allows caregivers who are otherwise unable to attend group meetings to connect with other caregivers who know exactly what they are facing.  You may also post questions as well as helpful tips on the site which may be useful to other caregivers, on their solutions page.  For anyone facing the care of an Alzheimer’s patient this site provides good information, contact with others and an opportunity to know that they are not alone.  Message boards focusing on various topics are included on the site, with specific boards for caregivers, family members and even for the patient themselves.

Given the isolation of caring for an Alzheimer’s or dementia patient, it is comforting that there are resources that can be accessed without leaving your home.  Consider the use of social media to help the caregiver feel supported while they attend to the very difficult job of caring for their loved one.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

10 Tips to Avoid International Scams

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Mass marketing fraud is a significant source of income for international crime rings. Con artists ignore geographic boundaries to reach out to potential victims by phone, email, postal mail, and through the Internet, and then trick them into sending money or giving out personal information. According to the Federal Trade Commission, the nation’s consumer protection agency, Americans report losses of more than a billion dollars a year to these frauds.

These con artists are successful because they can be clever, but knowledgeable consumers can avoid these scams.

Here are 10 things you can do to stop a scam:

  1. Keep in mind that wiring money is like sending cash: the sender has no protections against loss. Con artists often insist that people wire money, especially overseas, because it’s nearly impossible to reverse the transaction or trace the money. Don’t wire money to strangers, to sellers who insist on wire transfers for payment, or to someone who claims to be a relative in an emergency (and wants to keep the request a secret).
  2. Don’t send money to someone you don’t know. That includes an online merchant you’ve never heard of — or an online love interest who asks for money or favors. It’s best to do business with sites you know and trust. If you buy items through an online auction, consider a payment option that provides protection, like a credit card. Don’t send cash or use a wire transfer service.
  3. Don’t respond to messages that ask for your personal or financial information, whether the message comes as an email, a phone call, a text message, or an advertisement. Don’t click on links in the message, or call phone numbers that are left on your answering machine, either. The crooks behind these messages are trying to trick you into giving up your personal information. If you get a message and are concerned about your account status, call the number on your credit or debit card — or your statement — and check it out.
  4. Don’t play a foreign lottery. First, it’s illegal to play foreign lotteries. Second, it’s easy to be tempted by messages that boast enticing odds in a foreign lottery, or messages that claim you’ve already won. Inevitably, you’ll be asked to pay “taxes,” “fees,” or “customs duties” to collect your prize. If you send money, you won’t get it back, regardless of the promises.
  5.  Don’t agree to deposit a check from someone you don’t know and then wire money back, no matter how convincing the story. By law, banks must make funds from deposited checks available within days, but uncovering a fake check can take weeks. You are responsible for the checks you deposit: When a check turns out to be a fake, it’s you who is responsible for paying back the bank.
  6. Read your bills and monthly statements regularly—on paper and online. Scammers steal account information and then run up charges or commit crimes in your name. Dishonest merchants sometimes bill you for monthly “membership fees” and other goods or services you didn’t authorize. If you see charges you don’t recognize or didn’t okay, contact your bank, card issuer, or other creditor immediately.
  7. In the wake of a natural disaster or another crisis, give to established charities rather than one that seems to have sprung up overnight. Pop-up charities probably don’t have the infrastructure to get help to the affected areas or people, and they could be collecting the money to finance illegal activity.
  8. Talk to your doctor before buying health products or signing up for medical treatments. Ask about research that supports a product’s claims—and possible risks or side effects. Buy prescription drugs only from licensed U.S. pharmacies. Otherwise, you could end up with products that are fake, expired or mislabeled — in short, products that could be dangerous.
  9. Remember there’s no such thing as a sure thing. If someone contacts you promoting low-risk, high-return investment opportunities, stay away. When you hear pitches that insist you act now, guarantees of big profits, promises of little or no financial risk, or demands that you send cash immediately, report them to the FTC. For more information about investment fraud, click here.
  10. Know where an offer comes from and who you’re dealing with.Try to find a seller’s physical address (not just a P.O. Box) and phone number. With VoIP and other web-based technologies, it’s tough to tell where someone is calling from. Do an internet search for the company name and website and look for negative reviews. Check them out with the Better Business Bureau.One bonus tip: Visit OnGuardOnline.gov to learn how to avoid internet fraud, secure your computer and protect your personal information.

For More Information

Visit the Federal Trade Commission (FTC) website. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them.

 

 

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Social Security to Add Adult Huntington’s Disease to Compassionate Allowances Program

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Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the statutory standard for disability. The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years.

The Social Security Administration will add symptomatic Huntington’s Disease to its Compassionate Allowances program for adults by the end of the year. The expedited disability process will identify people with significant symptoms of this devastating neurological disease. Adult Huntington’s Disease will accompany the designation of Juvenile Huntington’s Disease as a Compassionate Allowance condition, which will be effective next month.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.