Archive for the ‘Elder Law FAQ’ Category

What are the symptoms of Alzheimers?   no comments

Posted at 7:06 pm in Elder Law FAQ

What are the symptoms of Alzheimers?

The Alzheimer’s Association has developed a list of warning signs that include common symptoms of Alzheimers disease (some also apply to other dementing illnesses). Individuals who exhibit several of these symptoms should see a physician for a complete examination.

Memory loss that affects job skills. It’s normal to occasionally forget an assignment, deadline or colleague’s name, but frequent forgetfulness or unexplainable confusion at home or in the workplace may signal that something’s wrong.

Difficulty performing familiar tasks. Busy people get distracted from time to time. For example, you might leave something on the stove too long or not remember to serve part of a meal. People with Alzheimer’s might prepare a meal and not only forget to serve it, but also forget they made it.

Problems with language. Everyone has trouble finding the right word sometimes, but a person with Alzheimer’s disease may forget simple words or substitute inappropriate words, making his or her sentences difficult to understand.

Disorientation to time and place. It’s normal to momentarily forget the day of the week or what you need from the store. But people with Alzheimer’s disease can become lost on their own street, not knowing where they are, how they got there or how to get back home.

Poor or decreased judgment. Choosing not to bring a sweater or coat along on a chilly night is a common mistake. A person with Alzheimer’s, however, may dress inappropriately in more noticeable ways, wearing a bathrobe to the store or several blouses on a hot day.

Problems with abstract thinking. Balancing a checkbook can be challenging for many people, but for someone with Alzheimer’s, recognizing numbers or performing basic calculation may be impossible.

Misplacing things. Everyone temporarily misplaces a wallet or keys from time to time. A person with Alzheimer’s disease may put these and other items in inappropriate places – such as an iron in the freezer, or a wristwatch in the sugar bowl – then not recall how they got there.

Changes in mood or behavior. Everyone experiences a broad range of emotions – it’s part of being human. People with Alzheimer’s tend to exhibit more rapid mood swings for no apparent reason.

Changes in personality. People’s personalities may change somewhat as they age. But a person with Alzheimer’s can change dramatically, either suddenly or over a period of time. Someone who is generally easy going may become angry, suspicious or fearful.

Loss of initiative. It’s normal to tire of housework, business activities, or social obligations, but most people retain or eventually regain their interest. The person with Alzheimer’s disease may remain disinterested and uninvolved in many or all of his usual pursuits.

The Alzheimer’s Association is the only national voluntary health organization dedicated to research for the causes, cures, treatments and prevention of Alzheimer’s disease and to providing education and support services to affected individuals and those who provide their care.

Although many Assisted Living communities and nursing homes cater to individuals with Alzheimers disease and other related memory disorders or dementia, there is a growing trend towards facilities that provide specialized care and housing tailored to the special needs of individuals with this disease.

Care that fosters residents’ individual skills and interests in an environment that helps to diminish confusion and agitation is what sets these facilities apart. Specialty services are provided in a secure environment, such as activity programs designed to include reality orientation classes and specially trained professional staff skilled in handling the behavior associated with memory impairments.

Many facilities that specialize in Alzheimer’s or related dementia disorders have building design features that assist with the problems associated with this disease: color-coded hallways, visual cues, and secure wandering paths for additional security.

Similar to Assisted Living communities, most provide assistance with dressing, grooming, bathing, and other daily activities. Assistance with medications differs according to state regulations. Meals, laundry and housekeeping are usually provided within private and semi-private rooms in a residential type setting

The Alzheimer’s Association National Headquarters
919 N. Michigan Ave., Suite 1000
Chicago, IL 60611-1676

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Written by RobG on June 15th, 2010

Should I add someone’s name to my bank account?   no comments

Posted at 7:03 pm in Elder Law FAQ

Should I add someone’s name to my bank account?

Many people add a child, relative or friend to a bank account to enable that person to take over the account and pay the bills if one should become disabled. This is not a wise approach. When you add someone to an account, that person becomes a co-owner, and has the right to withdraw and use all your funds for himself or herself. Upon your death, that person owns everything in the account, regardless of any beneficiary provisions on the account or in your Will. The better approach is to appoint the person you trust as your attorney-in-fact under a power-of-attorney. That way, the person has a fiduciary legal responsibility to manage and use the funds prudently for your benefit.

Appropriate beneficiary designations on bank accounts is an effective way to keep the funds out of your probate estate. However, you need to be careful not to give up control of your funds or expose yourself to unnecessary risk. You also want to make sure the manner in which your account is titled and designated does not undermine your estate planning objective.

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Written by RobG on June 15th, 2010

What is a Living Will and a Health-Care Powers-of-Attorney?   no comments

Posted at 6:56 pm in Elder Law FAQ

What is a Living Will and a Health-Care Powers-of-Attorney?

A living will, also known in some states as an Advance Medical Directive With Health-Care Instructions, is one’s declaration to the world not to keep one alive on life-support machines or by receiving nutrition through feeding tubes, in certain limited circumstances. Since State law varies regarding the language that may be used, you should consult with an attorney in your area to ensure that your Living Will complies with the requirements of your State.

In short, the Living Will applies in very limited circumstances, namely when one is terminally ill and death is imminent, or one is in a vegetative or end-stage condition with no reasonable prospects of recovery and unaware of one’s surroundings. One may include special individualized health-care instructions.

Since the Living Will is very limited in its scope, it is important to appoint someone you trust to make health-care decisions for you when you are no longer able to do so. You appoint such a person by appointing a health-care agent in an Advance Medical Directive or by granting a durable medical power-of-attorney.

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Written by RobG on June 15th, 2010

Why do I need Powers-of-Attorney?   no comments

Posted at 6:52 pm in Elder Law FAQ

Why do I need a Powers-of-Attorney?

If you should become physically or mentally incapacitated, there ought to be someone you trust with clear legal authority to make decisions on your behalf. The person you appoint may be given broad powers to do whatever you could do, or limited powers to perform specific acts, depending on the circumstances. The most simple and inexpensive approach is to appoint someone you trust as your attorney-in-fact by signing a power-of-attorney.

You should have a medical power-of-attorney for health-care decision-making, and a general power-of-attorney for your business affairs, such as paying your bills, managing your property, and depositing your Social Security and other checks. One has to be mentally competent in order to make a power-of-attorney. Therefore, you should not wait until the illness or injury occurs. If it is too late to make a power-of-attorney, it may be necessary to apply for guardianship. Having a power-of-attorney in place will make it easier for your representative to act quickly on your behalf and avoid the stress, delay, inconvenience and expense of a guardianship proceeding. It is important that these documents be “durable,” otherwise they will be ineffective when you are incapacitated.

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Written by RobG on June 15th, 2010

Why is professional legal guidance so important for the elderly?   no comments

Posted at 6:37 pm in Elder Law FAQ

Why is Professional Guidance so important?

Senior citizens or family members faced with a medical or other crisis may need more than powers-of-attorney. If you want to provide for the support of a disabled child, an aging parent or other loved one, consider a trust. Don’t simply leave this responsibility to someone else informally. Moreover, powers-of-attorney terminate automatically upon the death of the grantor.

Trusts are an highly effective vehicle for disability planning, and there several different types, depending on what you need to accomplish. Popular trusts include revocable living trusts, family trusts, credit-shelter trusts, spendthrift trusts, irrevocable life-insurance,supplemental needs and other irrevocable trusts.

Frequently, a key concern to the family is how to pay the high cost of nursing home care yet preserve assets and income to avoid impoverishment. Consultation with an attorney experienced in elder law matters can be most helpful to enable the older person and the family to recognize and understand these important issues, engage in asset protection planning and to take advantage of the benefits available under the Medicaid regulations.

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Written by RobG on June 15th, 2010

What is Elder Abuse?   no comments

Posted at 6:31 pm in Elder Law FAQ

What is elder abuse?

Unfortunately, more and more people are taking advantage of the elderly. The abuse can be in the form of neglect, physical or psychological mistreatment. Financial abuse by family members and friends seeking to secure a personal advantage under the guise of concern and caring is an insidious abuse of the confidential and trusting relationship they have with the senior citizen. Transfers of assets or changes of beneficiary provisions may result in hardship and serious problems for the senior and cause bitter quarrels and tear apart families and friendships.

Timely and effective planning with the assistance of an elder law attorney can significantly reduce the potential for such abuse. Legal remedies exist through the courts against people who take advantage of the frail and elderly through use of coercion or manipulation, particularly where the senior’s memory or ability make rational decisions without undue influence is in question. Whenever there is reason to believe elder abuse is occurring, it is important to seek legal assistance promptly.

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Written by RobG on June 15th, 2010