by Matthew Crider | May 15, 2018
May is National Elder Law Month. The National Academy of Elder Law Attorneys started National Elder Law Month to acknowledge attorneys who support seniors and their families with their planning needs. And while that sounds great, many people still ask, “What do elder law attorneys do?” “May is Special for Elder Law Attorneys” will explore several ways elder law attorneys help seniors and their loved ones.
Elder law attorneys help seniors and their loved ones plan for the possibility of needing long term care.
According to the Alzheimer’s Association, 1 in 10 people age 65 or older has Alzheimer’s dementia. The Alzheimer’s Association predicts that this number will double by 2050. Alzheimer’s is also the most expensive disease in the country, with no known cure. In 2017, the average lifetime cost of care for someone with dementia was $341,810.
A diagnosis of dementia can wreak emotional and financial havoc on a family. Elder law attorneys can help discussing options to pay for appropriate care without losing the family home or savings.
The emotional and financial cost to family caregivers is also quite alarming. 83% of all caregiving comes from family members, friends, or unpaid caregivers. 30-40% of family caregivers suffer from depression. In 2011, a MetLife study estimated that women caregivers lose over $324,000 in lost wages and social security benefits over their lifetime. Male caregivers lose an estimated $283,000 in lost wages and social security benefits over their lifetime.
Family caregivers also need a their own legal plan. Elder law attorneys also work with family caregivers to make sure they have legal documents in place, if their health fails, or if they lose their jobs.
If it’s not in writing, it won’t be honored.
Elder law attorneys work with seniors to understand what should happen if they can no longer make financial or health care decisions. For example, if mom develops dementia, who will she want to have authority to access her bank account and pay the bills? What type of care does she want if her dementia advances to the point that she can’t communicate her wishes? Does she want to live at home as long as possible? Does she want a private room if she’s in a facility? These are just a few questions that elder law attorneys discuss with clients, which then get put into legal documents so that mom’s wishes will be fulfilled.
My loved one is in the hospital and can’t come home – now what?
It can be very stressful for a spouse and children when a parent becomes ill and can no longer live at home safely. It can also be very expensive, putting the family’s home and savings at risk.
Elder law attorneys help families find and pay for the best long-term care possible. Unfortunately, 24 hour care at home or in a facility can cost families thousands of dollars a month. Therefore, it is important to look at other funding sources, like Medicaid or Veterans Benefits. Elder law attorneys help families explore options, and make the best decision for the loved one needing the care.
We will continue exploring how elder law attorneys help seniors and their families in Part 2 of “May is Special for Elder Law Attorneys.” In the meantime, if you or a loved one needs help, we’ll be happy to talk with you. Please give us a call today.
by Matthew Crider | Apr 30, 2018
Traveling with disabilities can seem like an overwhelming task. However, it doesn’t have to be, if the right research, planning, and preparations are done ahead of time. There are even travel agencies that specialize in disabled travel. The most important thing is to be prepared. Here are some tips to consider in advance of traveling if you or a loved one has physical limitations:
1. Consult with a Physician
If you have disabilities and are planning to travel, one of the first steps is to discuss the travel plans with your physician. Be sure to give the doctor an accurate picture of what the trip will entail. In many cases, the physician can help plan for medical needs while traveling. The doctor can prescribe certain measures to help make travel easier. The doctor can also provide you with a medical statement for emergency situations. Keep your doctor’s name and phone number available while traveling. You should also identify what medical care is available at the travel destination. Be sure to carry extra medication in case of unforeseen delays. Keep all medication in carry-on bags to prevent loss.
2. Know Your Rights regarding Traveling with Disabilities
When planning for accessible travel, it is important to know your rights. The Transportation Security Administration (TSA) has certain procedures for travelers with disabilities and medical conditions. It is important to understand these procedures before going through airport security. The Air Carrier Access Act and the Americans with Disabilities Act (ADA) also provide information regarding the laws for those traveling with disabilities. Unfortunately, many airline, cruise, and theme park employees don’t know the law regarding those with disabilities. It’s always best to obtain the information ahead of time.
3. Plan Ahead
Planning ahead is the most important tip and encompasses all the other tips. One easy way to plan ahead is to hire a travel agency that specializes in accessible travel. These agencies can plan for the specific needs of the traveler with disabilities. If you wish to plan your own travel, then begin to plan early. First, research and create an itinerary for your trip. Websites can help you obtain information about accessibility and services offered. Even with websites, you should call to schedule any necessary accommodations that you need, so that each stop on the itinerary enjoyable. Remember to be detailed when describing your disability, so that everyone understands the limitations accurately.
Planning ahead for flights can also be very helpful for people with disabilities. If possible, avoid connecting flights: Fly direct to the destination. You should also check in with the flight attendant before landing to make an exit plan. Once you’ve disembarked, if a wheelchair is necessary, make sure you have set up accessible ground transportation to and from the airport. All of this can be done ahead of time to help ensure more relaxing travel for everyone involved in the adventure.
The experience of travel can be smooth and enjoyable with the right information and planning. Of course, even the best plans can experience turbulence along the way, but planning and documenting in advance can help minimize any bumps along the way. Just remember, after calling and booking for the special needs, call again and touch base 24-48 hours in advance of your trip to ensure all appropriate accommodations are in order.
by Matthew Crider | Apr 23, 2018
The United States veteran population is some 20 million strong, many of whom face health challenges different from non-Veterans. Due to their military training, Veterans have a well-defined culture. This culture is strong on values, codes of conduct, respect of superiors, and customs, to name a few. Due to this culture, Veterans face different health challenges that family, friends, and health professionals need to be aware of.
Advances in medicine have allowed many more Veterans to survive once-fatal injuries. However, this often comes at the cost of mental health. A successful transition from the battlefield to civilian life rests on being able to spot the many health issues Veterans face, and assisting them in getting the help they need.
A study titled “US Veterans and their unique issues: enhancing health care professional awareness,” published in the US National Library of Medicine and available here, identifies several health issues specific to United States Veterans:
Mental Health Disorders
33% of Veterans are diagnosed with at least one mental health disorder. From 2006 to 2010, 2.1 million Veterans received mental health treatment from the Department of Veterans Affairs. Only about one-third of those diagnosed with a mental health issue actually seek treatment. Often, Veterans feel embarrassed or shame about needing mental help. It is important for family and friends to help change this stigma, and ensure Veterans get the help they need.
Substance Use Disorders
The extreme stress of military service causes Veterans to often seek out a vice. Such vice may take many forms, such as alcohol, tobacco, or drugs. A 2013 study titled, “Enhancing veteran-centered care: a guide for nurses in a non-VA setting” found that both cigarette and alcohol consumption is higher among Veterans than the general population. Medical research finds that treatment of an underlying condition, such as post-traumatic stress disorder (PTSD), reduces tobacco and alcohol consumption in some Veterans. Sometimes, long-term care is required.
PTSD
PTSD results from directly or indirectly experiencing a traumatic event. Military personnel are nearly four times as likely to be diagnosed with PTSD. The American Psychiatric Association diagnoses PTSD with the presence of four symptoms: intrusive symptoms (flashbacks), avoidance of reminders (isolation), negative thoughts and feelings, and exaggerated reactivity symptoms. Social support is a large facet of the treatment plan for Veterans with PTSD.
Depression
Depression is among the most treatable mental health disorders that Veterans face. Although likely underdiagnosed, the National Alliance on Mental Illness states that the depression rate for Veterans is 14%, but the treatment success rate is between 80-90%. If you know a Veteran who you believe is suffering from depression, it is vital that you encourage them to get help. There is nothing “weak” or embarrassing about seeking help, and depression is often treatable.
Veterans often have a challenging time acclimating to civilian life after being at war for any length of time. However, providing them with a strong support system, along with all of the help available to them through private care and the Department of Veterans Affairs, they can experience a smooth transition to civilian life.
We help Veterans and their families plan for long-term care. If you would like to learn more or would like help, please contact us now.
by Matthew Crider | Apr 6, 2018
Alzheimer’s is a complicated and overwhelming disease.
Over time, the disease can change a loved one into a seemingly different person. Caring for a loved one with Alzheimer’s disease is a challenging task. If you’re a caregiver, it’s important to be well educated about the disease and to ask for help and information whenever necessary. The disease manifests differently in different people, so it is important to be attentive to the symptoms and behaviors your elderly loved one exhibits. This will help you find the best possible way to create a positive and caring living environment.
If housing becomes an issue, an elder law attorney from Crider Law Group can help you explore all your options, and can create the best plan for you and your loved one. Below are some tips for caring for a loved one with Alzheimer’s.
1. Create a Safe Environment for your loved one with Alzheimer’s
During the early stages of Alzheimer’s disease, your loved one may be able to continue living on their own. Even then, it’s important to keep a very close watch on them and be aware of when that begins to change. As Alzheimer’s progresses, you should take precautions around the home to keep your loved one safe from falls. You may need to remove obstacles around the home and install ramps to make it easier for the elderly person to get around. You may also want to install locks on substances like alcohol and things like guns that can be dangerous to your loved one. Think about fire safety as well. Hot water is another potential danger. As Alzheimer’s progresses, you may need to lower the thermostat so that the water cannot get as hot and potentially burn the senior.
2. Keep Frustration to a Minimum
When your loved one is diagnosed with Alzheimer’s disease, this is often coupled with a lot of frustration. A person with Alzheimer’s disease can experience frustration with forgetting to do things they were once able to do. They experience frustration because they struggle to follow and understand tasks and communication. Frustration can also come from loss of independence. It is important to recognize these frustrations and take steps to reduce the frustration. Provide your loved one with choices whenever possible. Allow your loved one to help with tasks they are capable of, even if it takes them longer that it may take you, or longer than they were able to do it before their diagnosis. Make directions and requests simple. When your loved one needs to focus, eliminate distractions. Create a calm environment. Be patient with your loved one and take time to allow them to do tasks.
3. Work at Communication with your loved one with Alzheimer’s
Communication often becomes difficult when an elderly loved one has Alzheimer’s disease. This is an area that takes patience. When communicating with your loved one, they may get discouraged if they can’t understand you or you can’t understand them. Always maintain eye contact with your loved one when communicating. Keep communication simple and to the point, but positive. When your loved one is attempting to communicate with you, be sure to allow them to talk. Be careful not to interrupt or try to complete their sentences. This can add more frustration. Keep conversations going with your loved one as long as possible by encouraging them and truly listening to concerns. Use physical touch, such as holding a hand or touching a shoulder, to communicate with your loved one. Don’t take outbursts personally. The illness causes you loved one to do and say things they may not normally do or say. Always be aware of your tone and keep it kind.
Alzheimer’s is a disease with many varying characteristics. It can wreak havoc on the person our loved one once was. Caring for a loved one with Alzheimer’s can be frustrating and difficult. However, patience is the overarching quality that a caregiver must possess to deal with an elderly person with Alzheimer’s disease in a loving and positive manner.
Crider Law Group can help take the guesswork out of planning for Alzheimer’s and dementia. Contact us now if you’d like to get started.
by Matthew Crider | Feb 5, 2018
Many people have been told that it is important for people to “avoid probate.” However, they might not know exactly what probate means, why it can be a problem or how to successfully avoid it. This article discusses probate, why it’s a problem, and how to best avoid it.
What is Probate?
Probate means “to prove” a will. It covers the entire legal process necessary to settle a person’s estate after they die. The person named in the will (usually a family member) is known as the executor or personal representative. The executor opens the probate case in court. With the court’s help, the executor will work through all of the financial business that the decedent left behind. For example, the executor may distribute the decedent’s personal property, money, real property or anything else that the deceased owned at the time of his or her death. The executor must also deal with any debts that were in existence at the time of death.
Why is Probate Such a Negative Thing?
Probate is not inherently bad. Probate’s goal is to oversee how property is distributed after someone passes away. However, people generally should avoid probate, particularly in California. Here is why:
Privacy Concerns
The executor will file the will with the probate court to start the probate case. Therefore, the will and most things related to the will become part of the public record. If for any reason a person wants to maintain a sense of privacy after they die, it could be a good idea to avoid probating the estate in court. Famous people or other potentially controversial people usually don’t want their financial and family affairs dragged out into the open.
Probate Can Create Family Disagreements
Any person interested in the deceased person’s estate can make own claim on the estate. This is one of the reasons that wills are probated in a public court case. For people with complicated family dynamics, unpopular second marriages or estranged loved ones, avoiding probate should be a top priority. When an estate is handled through non-probate channels, it becomes much less likely that a will may be successfully challenged.
Probate is Slow
Like most things that end up in court, probate can be time-consuming. In more complex estates, the entire process can last months or years. And, while the family waits for this time to pass, the decedent’s assets or property may be slowly losing value or be lost completely.
Probate is Costly
Probating an estate requires the help of a probate lawyer to facilitate the matter. Here in California, the probate rules state that the probate lawyer is paid as a percentage of the gross estate value. That means the probate lawyer is paid a percentage of the fair market value of the probate assets, without subtracting any of the debts associated with those assets. With proper pre-planning, much or all of this cost may be avoided.
How Can Families Prevent the Need for Probate?
Creating a smart estate plan is the best way to avoid probate. You and your attorney can work together to draft the proper legal documents and carefully time asset transfers
Revocable Living Trust
The revocable living trust is an document which dictates the management or distribution of property. The people who establish the trust transfer ownership of their property to the trust. The property owner also chooses someone to act as trustee, a trusted person who will manage the trust property and make distributions after the death of the trust’s creator.
The other good thing about a trust is that there is no need to involve the court in any way. The successor trustee does not have to file the trust with the probate court to administer the estate. Instead, the successor trustee can simply administer the estate in private.
Joint Title
Another way to avoid probate hassles is by placing your assets into joint ownership with your future beneficiaries. This way, when you pass away, the ownership interest will automatically transfer to the joint owner. There are some problems with joint title, however. First, it may lead to unintended consequences, if one of the beneficiaries receives all the property to the exclusion of the others. Second, a joint tenant may have personal financial issues, which may impact the jointly held property. You can protect your property with careful planning.
Payable-On-Death and Transfer-On-Death
Payments on death accounts (POD) have a designation which names a person who will receive the assets in the account when the original account owner dies. At the same time, transfer on death (TOD) is a designation on the title or deed to a piece of real estate or a car which will automatically change ownership once the owner dies.
Don’t Give Away Your Assets
Some people assume that the easiest way to avoid probate is to give everything away before you die. However, doing this could cause problems for seniors when they may need to qualify for assistance for long-term care.
Hopefully, these tips will help you and your family plan responsibly for the future. Contact us if you would like to learn more about any of these strategies, or to discuss your estate plan.
