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.
by Matthew Crider | Jan 17, 2018
There are a number of changes to social security benefits in 2018. This article discusses those changes.
Social Security Increases
There is good news! Social Security payments will increase by 2% in 2018. The bad news? It’s not enough to keep up with inflation.
Senior citizens’ social security checks will increase two percent in 2018. This averages about $27.38 per month, or $329 per year under a new Cost of Living Allowance (COLA). “It will help them make ends meet,” says Erin Parrish of AARP Minnesota.
This modest increase in benefits is the largest since 2012. Unfortunately, it still does not allow many seniors to keep up with the ever-rising costs of medical care. The age of retirement has continued to rise. At present rates, the Social Security Administration (SSA) has warned that the social security fund will be empty by 2034.
Social Security Tax Cap Increases
Other changes to social security in 2018 include a slightly higher tax cap. At present, Americans in the workforce who pay taxes give up 6.2% of their pay to Social Security if they make up to $127,200. That cap will slightly increase to $128,700 in 2018.
Maximum Monthly Benefit Increases
The SSA has announced that the maximum possible benefits that a person can receive increased from $2,687 per month to $2,788 per month, or $33,456 per year. Additionally, seniors who continue to work while receiving Social Security can earn up to $17,040 without being penalized. This is a modest increase from $16,920 in 2017. Likewise, disability payments will increase in 2018 by $10 per month.
No More Paper Statements
One of the biggest changes to Social Security is that it no longer mails paper statements. Beneficiaries in 2018 are now required to have an online account on ssa.gov. This development may be quite irksome for senior citizens who are not tech-savvy. To make matters more complicated, the SSA will require two-step verification for security purposes which will likely require more than one pin or password to access an account. While security is always a concern, some seniors may wish to have a trustworthy friend or relative walk them through the procedure the first few times.
No Guarantee After 2034
So, there are some modest increases coming to various aspects of social security benefits in 2018 that will be welcome for millions of Americans. What has long been “the bedrock of American financial security” will continue to be so for the short term but what happens after 2034? With the social security predicted to be depleted, what will our seniors do then?
Working With An Elder Law Attorney
The aging population needs to take steps today to ensure their financial security. Look at alternative means for future income such as safe investments and early planning. They should take these actions while they are still working. Go one step further and work with an elder law attorney to create a strategy that will help protect assets and allocate funds for long term care. It’s crucial to plan as early as possible, contact our office today for an appointment.
