Resources for Elders

If you have questions on long term care, the Kaiser Foundation website is a tremendous resource!  Here is a tutorial they crerated to explain long term care financing.  If after watching the vidoe you have questions, please don;t hesitate to make an appointment or drop me an line via the Contact section of the home page.

Presentation:      Long-Term Care 101

Presenter:          Jhamirah Howard - for the Kaiser Family Foundation
 

URL Link 
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If you think a Durable Power of Attorney (DPOA) is just a form you fill out with your names and names of your family members you want to help you in case of incapcity, think again!  As I always tell my clients, a DPOA is a powerful legal document and it's not just a form!

Reversing a trial court, a New York appeals court holds that an attorney-in-fact with authority over estate transactions has the power to amend an irrevocable trust that was created before the execution of the power of attorney. Matter of Matter of Perosi v LiGreci (N.Y. Sup. Ct., App. Div., 2^nd Dept., No. 2011-02446, July 11, 2012).

Nicholas LiGreci created an irrevocable trust to benefit his three children, and named his brother as trustee.  Later, Mr. LiGreci named his daughter Linda Perosi as his attorney-in-fact under a durable power of attorney. The power of attorney granted Ms. Perosi authority over estate transactions and the power to designate the trustee of any trust.  According to New York statute, an irrevocable trust may be amended or revoked by the trust's creator with the written consent of the trust beneficiaries.  As attorney-in-fact and with the consent of the other beneficiaries, Ms. Perosi executed an amendment to the trust removing the trustee and naming her son as trustee.

After Mr. LiGreci died, Ms. Perosi and her son filed for an accounting. The trustee moved to set aside the amendment. The trial court granted the motion, holding that the power of attorney did not give Ms. Perosi the power to amend estate planning devices that were created before the execution of the power of attorney. Ms. Perosi and her son appealed.

The Supreme Court of New York, Appellate Division, reverses holding that the attorney-in-fact has the authority to amend the trust. According to the court, the attorney-in-fact was the alter ego of the creator; therefore "because the creator was alive and had not revoked the power of attorney at the time the amendment was executed, the actions of the attorney-in-fact were within the bounds of her authority."

Click here for the full text of this decision.

So when we sit down to discuss powers of attorney, we need top pay special attention to the specif powers you frant you agent!

This story from the Eagle Tribune reminds us that just because you have a Caretaker or a Sitter coming in to the home of your loved one, that is just the beginning of your due diligence.  Once hired, someone must be responsible for supervision and oversight!  Just as you must take actions to be involved in the nursing home care of an elder, that may be even more important when the care is provided in the home.

Read full story

As you read this story, realize that there is help available.  Through our Life Care Planning service our Elder Care Coordinator (ECC) can not only help you get the care your loved one needs, the ECC can also make visits to the home to provide oversight and make sure all is well.  This service is perfect for parenst whose children have moved away from the area.  Our ECC can keep them informed as to their loved ones care no mater where they live! 

Now that's peace of mind!

One of the first comparison tools that rates long term care facilities was at the Medicare website.  Nursing Home Compare has detailed information about every Medicare and Medicaid-certified nursing home in the country. Before you get started, you or your family member may have other long-term care choices like community-based services, home care, or assisted living depending on your needs and resources.

Remember, these are just tools.  We urge our clients to visit the facilities and talk to the staff.  Our Elder Care Coordinator can help you screen facilities through our Life Care Planning services.

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I posted on this subject a while back, but here it is once again in the news!

“As Social Security benefits are paid as a life annuity, delayed claiming reduces the expected length of time over which benefits are claimed,” the authors wrote. “Thus, the benefit calculation rules call for an actuarial adjustment so that individuals who claim later receive larger monthly payments.”

For the full article, click here: http://www.marketwatch.com/story/with-rates-low-it-pays-to-delay-social-security-2012-07-12

This webinar will address Social Security benefits and how they can stretch to help meet the needs of families. Join AARP Financial Security experts for an interactive seminar, available at no cost, on Social Security — Benefits for Family Members.

Date: Thursday, July 19, 2012
Time: 7:00 p.m., EDT

Earlier I introduced you to Resident Essentials; today we look at Buck and Buck:

Elderly clothing is a line of clothing that is both age appropriate, easy to wear and easy to care for. As we age, it becomes more difficult to move, stretch, bend and twist, making the process of dressing a bit of a challenge at times. Buck and Buck realizes this, and our business is to make clothing for seniors look good, feel good, and most of all, to make clothing that helps keep the wearer as independent as possible for as long as possible. Loss of independence in the daily task of dressing can be very difficult for aging mothers and fathers, so we place their dignity in the forefront of our designs. 

We select fabrics that are comfortable for the elderly to wear with patterns, designs and colors that are appropriate. We choose fabrics that are easy to launder and wear without the need for ironing. Our elderly clothing fits well to the body with waistbands, cuffs and necklines that are comfortable. We use zipper pulls, snaps and buttons that are easy to grasp. Many styles of our elderly clothing have VELCRO® brand closures that will not challenge the individual who has arthritis or weakness in a limb from a stroke. When the elderly need the assistance of a caregiver to get dressed, we have many options of open back and side zip clothing to choose from.

http://www.buckandbuck.com/

Among those who have been hardest hit by the stifling heat in their out-of-power residences are the elderly.

Hospitals across the region said their emergency rooms were treating elderly patients who live at home alone, without relatives in the area, and who use oxygen machines that rely on electricity.

http://www.washingtonpost.com/local/without-power-elderly-seek-help-at-hospitals/2012/07/05/gJQAs3xTQW_story.html

If you know of or have an elderly family member, be sure to check on them when these heat waves occur!!

"When Pamela Glasner's mother died, she and her brother contacted the nursing home to transfer power of attorney for their father to themselves. That's when they learned that their father had signed everything over to a man they did not know.

The person had presented their father a paper in the nursing home and said, "sign here." It was considered legal, and even after her father's death, Glasner is living with the consequences."

http://burke.patch.com/articles/cuccinelli-fraud-and-elder-abuse-major-problems

It's good to see AG Cuccinelli take this crime seriously!

Protect Yourself

"A simple rule of thumb is this: If you receive a call asking for personal information or money, never give it. Just hang up," said Cuccinelli. "Only when you initiate the call should you ever consider giving out personal information."

"We have investigated 17,000 complaints of elder abuse in the last full year for which I have data," he said. "We are overwhelmed with concerns, and you can help us spot them," he said.

Persons can contact TRIAD -- "the cooperative effort of law enforcement agencies (police, fire, sheriffs), senior citizens, and senior organizations, focused on reducing crimes against ... seniors."

Speak Up

Many crimes against the elderly go unreported. According to the film Last Will and Embezzlement, this is due to several reasons:

• The victim is embarrassed.
• The victim feels responsible.
• The victim fears retaliation.
• The victim fears losing their freedom.
• The victim fears losing contact with this person, who may be the only "family" they have.
• The victim does not even know they are being defrauded.

"These crimes can happen to anyone anywhere," said Glasner. "It is important that everyone speak up."

Here is a blurb from a great article on Geriatric Care Managers or Elder Care Coordinators:

What are geriatric care managers?

A geriatric care manager is a health and human services specialist who helps families who are caring for love ones. They are trained and experienced in any of several fields related to care management, including nursing, gerontology, social work or psychology.

Geriatric care management is a relatively new profession. It's rapidly growing, especially given the aging of the baby boomers.

Just what do these specialists do?

They provide a wide range of services, including:

1. Coming to the residence of the person with dementia and completing an extensive assessment of that person's circumstances, including, but not limited to, the personality of the person, family dynamics, funds available for care, a safety check of the residence, listing any medical issues and providing a list of other previously vetted professionals that might be needed for a consult. These could include eldercare attorneys, home health companies, senior real estate experts, remodeling companies, nursing homes and others.

2. Developing a care plan especially for that person and the family, outlining steps to be taken immediately as well as actions to be taken in the long-term.

3. Conducting educational sessions with the family to increase their knowledge of the patient's illness.

4. Monitoring the situation to assure things are going as planned.

http://www.huffingtonpost.com/marie-marley/care-manager_b_1552025.html

For more information, give us a call and we can arrange a consult with Mr Haley and our Elder Crae Coordinator.