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Archive for the ‘Elder Law’ Category

Caregivers Need Care Too—How to Help, Effectively

Tuesday, September 24th, 2019

Caring for a loved one is a labor of love, very often with an emphasis on the work. Caregivers bear an incredible weight in making sure that their loved one is getting what they need while their own life is put on hold. Burnout is common.

With good intentions and a little forethought though, a small amount of kindness to a caregiver can go a long way. The key to being an effective helper is to act with the caregiver in mind, to give them what they want, not what you think they need.

Get Personal

If you know the caregiver and have an idea of their situation and what they enjoy, you can focus on something from which you know they would benefit. For example, if they have always taken pride in their yard but have not been able to find time to take care of it as well as they usually do, ask if you can weed the garden or cut the grass (or hire someone who can). If they have a hobby, help them be able to do that activity by caring for their loved one or by performing other tasks. If you do not know the person well, you can ask someone who does what they would enjoy or offer something that is generally enjoyable or helpful.

Be prepared for them to decline your offer caregivers may not want to burden anyone or feel awkward about accepting help. You may need to offer again later and remind them that you want to help.

You may need to be creative in how you facilitate giving them a hand. If they are anxious or unable, to leave the person they care for, then try to figure out how to accommodate that. Otherwise, your offer to help may cause more stress than good.

Show Up

Forget about asking the caregiver to let you know when/if they need anything. Chances are good that they will either never ask or have no clue how to respond to an open-ended request. Instead, make a specific offer and follow through.

A small break from the endless responsibility of being a caregiver can be very refreshing. Take something off the caregiver’s plate. Pick up some groceries or an indulgent treat and drop it off to them. Sit and listen to them talk. Help with chores. Watch a movie together. There is no need to spend money or obsess over what to do. Simple, thoughtful gestures are often enough and very much appreciated.

Learn more about our elder law estate planning or Medicaid Planning services. Contact us with additional questions.

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Tags: caregivers, caregiving
Posted in Alzheimers, Caregivers, Elder Law, Estate Planning, Power of Attorney, Wills | Comments Off on Caregivers Need Care Too—How to Help, Effectively

It’s Time to Protect Your Family and Your Future: April is National Financial Literacy Month

Monday, April 1st, 2019

Estate planning is a financial process that can protect you and your family, and is a very important component of your overall financial planning. April is National Financial Literacy Month to put your estate planning house in order. If you don’t have an up-to-date estate plan and you happen to get hurt or sick and cannot manage your financial affairs, the courts will have to appoint someone to manage them for you. The person they appoint might not be the one you would want to perform those tasks.

Without an estate plan when you pass away, your affairs will be settled by default through a complex legal system called “probate.” The handling of your financial affairs can turn into a costly and frustrating ordeal for your family and heirs.

The crafting of a good estate plan starts with planning, followed by the proper drafting and signing of appropriate legal documents such as wills, trusts, buy-sell agreements, durable powers of attorney for asset management, and an advanced health-care directive or health-care power of attorney. Having these documents in place saves you and your family a lot of money and time at a very difficult and emotional time.

Your estate planning should also address the coordination of the way you hold title to your various assets, your beneficiary selections, and the possible transfer of certain assets while you are alive.

Regardless of the extent of your net worth, estate planning is important for everyone. Complex strategies may be used by wealthy people to reduce death taxes and costs. Others may only require a simple will and/or trust to pass on property to their heirs and provide for minor children.

Even if a simple will is all you require, an estate plan is an essential part of your financial planning. Everybody will need it someday. The time to address or update your estate plan is now.

CHECKLIST — SIX STEPS TOWARD SUCCESSFUL ESTATE PLANNING

1. DEFINE YOUR GOALS: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place?

Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24 or upon completion of college, and the balance at age 30.

Choose your appointees for important roles: Who will be your executor and, if applicable, trustee and/or guardians? It is advisable to list at least a first and second alternate for each appointment in case your first choice is unwilling or unable to serve.

If you have children who are minors, the appointment of a guardian is probably the most important decision you’ll make. With the court’s approval, this person, or persons, will raise your children. Consider appointing a family member and spouse, or another close couple who’ll care for your children the way you would want.

You may want to consider listing multiple executors, trustees and guardians to serve together in handling the details of your estate. This can provide a check-and-balance system for the appointees and help them avoid oversights or misappropriations. Consider appointing family members, friends, professionals, advisers and/or trust companies for this position.

There is some risk here: If these people disagree and have problems, they can each be represented in court by counsel paid for by your estate, so be very careful in making your selections.

Living trusts have become popular because less administration is required in comparison with a will. Be aware that having a living trust does not eliminate the need for a will and administration at either the first or second spouse’s death.

To get the benefits of the trust, certain details must be attended to, and this is the job of your appointees. For example, leaving a trust for the surviving spouse requires that the trust be funded properly and in a timely manner at the first death, or major tax benefits can be lost.

Is estate privacy an issue for you? Do you want your estate to be public record upon your death? Do you have any special gifts you want made to charity? Do you want an elderly parent or friend to be financially cared for? All of these circumstances should be noted in your plan.

2. GATHER & ORGANIZE YOUR DATA: There are three basic tasks to be accomplished:

Review and update your financial position.

Review how you hold title to your assets. Is it consistent with your estate plan?

Review your beneficiary selections. Are they aligned with your estate plans?

Did you know that how you hold title to assets has a higher legal priority than your will? For example, if you and your best friend held title to an investment club account as joint tenants and you died, the property would revert to your friend even though you had willed your interest to your spouse.

3. ANALYZE YOUR SITUATION: Start by determining your current net worth, assuming your death occurred today. This can be done by totaling your current assets and liabilities, and adding the value of any life insurance.

Try sketching a picture or flow chart of your existing estate plan. Review your appointees:

Executor

Guardian of the Person/of the Property

Trustee

Power of Attorney – Property Management

Advanced Health-Care Directive or Health-Care Power of Attorney

Check with your financial advisors for updated information.

4. DEVELOP YOUR STRATEGIES: With the assistance of your estate planning advisor(s), identify the legal documents that need drafting or make any necessary adjustments to existing documents. Determine any other actions that must be taken for your wishes to be carried out.

5. IMPLEMENT YOUR PLAN: Do what needs to be done — i.e., create new wills, trusts and powers of attorney, adjust title to your properties, change alternate beneficiaries of retirement plans and life insurance policies to trusts.

6. TRACK & MONITOR YOUR PROGRESS: Check your estate plan annually or any time there are changes in your family situation or net worth. Use your financial planning calendar to schedule your next review.

These materials are provided as a public service by The NAEPC Education Foundation for “free-use” on websites, newspapers, newsletters, magazines, and other media broadcasts during the months of April and October as it relates to National Financial Literacy Month and National Estate Planning Awareness Week. For additional information or materials contact us at The NAEPC Education Foundation.

To assist with your estate planning, visit our website at www.elderlawnewyork.com.

Tags: estate planning, National Financial Literacy Month
Posted in Elder Law, Trusts, Wills | Comments Off on It’s Time to Protect Your Family and Your Future: April is National Financial Literacy Month

Is Your Estate Plan Up To Date?

Friday, March 22nd, 2019

By: Amy C. O’Hara, Esq., Littman Krooks LLP

In order to ensure your existing estate plan meets your objectives, it is imperative that it be reviewed at least every 3-5 years and updated when needed. Here are some issues that might necessitate updating your estate plan:

You want to avoid probate;
You or a beneficiary become disabled or have a long-term illness;
Death of a beneficiary;
Marriage, divorce or remarriage;
Birth or adoption of a child;
Death or change of executor, trustee, and/or guardian;
A change in the distribution of your estate;
A significant increase or decrease in your net worth;
Retirement;
Expecting to change state of domicile; and
Finally, any time you feel uneasy about any of your documents, making changes and/or speaking with your estate planning lawyer to make you feel comfortable with them.

Never make any changes on your current estate planning documents. Mark-outs, interlineations and other informal changes are of no effect and will not be honored during an illness or after your death. It is important to meet with an experienced estate planning lawyer to ensure you estate plan is updated properly to protect you and your loved ones.

Learn more about our elder law estate planning or Medicaid Planning services. Contact us with additional questions.

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Tags: estate plan, review your estate plan
Posted in advance directives, Elder Law, Estate Planning, Long Term Care, Medicaid, Power of Attorney, Social Security, Tax Planning, Trusts, Wills | Comments Off on Is Your Estate Plan Up To Date?

Seniors Face Significant Health Risks in Summer Heat

Wednesday, August 15th, 2018

Last month New York City experienced it’s first heat-related death of 2018 when a 71-year-old man died of hypothermia while sitting in a parked car in Queens. In Woodland, Calif., a 63-year-old postal worker died in her delivery truck on an afternoon when the outside temperature reached 115 degrees. And in Tipton, Pa., a 64-year-old woman succumbed to heat stroke after gardening for several hours outside her home.

If current weather trends continue, 2018 will be the fourth hottest year on record, according to the National Oceanic and Atmospheric Administration.

Warm temperatures in the summer months create health risks for everyone, but particularly for seniors. The U.S. National Institute on Aging recently warned that older individuals are at “significant increased risk of heat-related illnesses” during the summer months.

So far this year over 70 people have died in Canada as a result high heat levels this summer. According to a recent report on Canada’s heat wave from National Public Radio, Canada’s elderly population was most at risk of heat-related death. The majority of people who died, NPR reported, were “elderly men and women living alone in apartments with no air conditioning, and many had chronic health conditions.”

Here are several measures seniors can take to guard their health during the summer heat.

Schedule outside activities such as gardening or exercise during the cooler times of the day.
Seek out cool locales. When outside, stay in the shade. Seniors whose homes lack air conditioning should head for air-conditioned spaces such as shopping malls, libraries, movie theaters or community centers.
Consider a cool shower or bath for temporary relief from the heat.
Drink plenty of liquids but avoid caffeine and alcohol, both of which are diuretics that can cause dehydration.
Wear loose fitting, lightweight clothing. When outside, wear a hat or use an umbrella to ward off the sun.
Pay attention to the body’s warning signs. Dizziness, nausea, headache, or breathing problems are reasons to immediately seek medical attention.

Relatives of older individuals should be sure to check on them regularly during the warm summer months. Normally benign errors in judgment such as forgetting to turn on an air conditioner or staying too long in the afternoon sun could have catastrophic consequences when the temperatures are high.

How much water should people drink to protect against dehydration in the summer? There is no universally accepted answer to that question. However, the Mayo Clinic recommends roughly one gallon of water daily during normal conditions for an average male, slightly less for females.

Learn more about elder law, estate planning and special needs planning at littmankrooks.com, elderlawnewyork.com & specialneedsnewyork.com. Have questions about this article? Contact us.

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Posted in Caregivers, Elder Law | Comments Off on Seniors Face Significant Health Risks in Summer Heat

Ride-Sharing for Seniors May Help with Senior Transportation Crisis

Wednesday, December 6th, 2017

Seniors face a crisis in transportation. Older individuals may have physical or mental impairments that make driving difficult, and public transportation may be unavailable or too difficult to navigate. Subsidized para-transit is available in many communities, but the process of scheduling a ride can be complicated. A lack of transportation can be a serious health hazard, as it can cause seniors to miss medical appointments and prevent them from engaging with a social support network, which helps maintain mental health.

Today there are new transportation options such as the ride-hailing services Uber and Lyft, which can be faster and less expensive than taxis. These options have been embraced quickly by much of the population, but seniors may be less familiar with them. A smartphone is essential to using the new services, and older individuals may not have smartphones or may not be as comfortable using them. Among Americans over the age of 65, only 42 percent own a smartphone, while 77 percent of the general population owns one. In addition, someone with a physical disability may require a vehicle that can accommodate an assistive device such as a walker or wheelchair, and the new services may not be set up to handle such requests.

Companies and governments recognize that there is a gap in transportation services for seniors, and they are making improvements. Lyft built a new platform called Concierge that allows operators to request rides for others. On the Jitterbug phone marketed to older people, users can press zero to have an operator order a Lyft. A startup called GoGoGrandparent offers a hotline that seniors can call to hail a ride. Uber launched an UberAssist option for riders who need help getting in and out of vehicles. Washington, D.C. launched a service called Abilities-Ride, which subsidizes taxi rides for people with disabilities. The Massachusetts Bay Transportation Authority in Boston subsidizes Uber and Lyft rides for people who do not need the full services of para-transit. The AARP Foundation has begun a pilot program with Lyft and other partners to give free rides to people who may be in danger of missing medical appointments. With the rapid development of technology and the large market that seniors represent, transportation options are likely to expand.

Learn more about elder law, estate planning and special needs planning at littmankrooks.com, elderlawnewyork.com & specialneedsnewyork.com. Have questions about this article? Contact us.

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Tags: boomers, Ride sharing, senior transportation
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National Hospice and Palliative Care Month

Thursday, November 9th, 2017

By Lou Giampa, President, Right at Home Westchester

If you were a European warrior or religious pilgrim on the way to Jerusalem during the Middle Ages, chances are you lodged at a “hospes house” on the arduous journey. The holy orders of knights such as the Hospitallers and Templars ran these travel lodges named after the Latin word that means both “guest” and “host.” Over time, hospes houses expanded to offer care for the sick and dying. Derived from “hospes,” our modern-day word “hospice” is known as a place for the dying or the practice of end-of-life care.

Part of hospice services may include palliative care, the medical specialty of alleviating pain and improving the quality of life of the seriously ill. Hospice care begins after health treatment for an illness has stopped and the patient is considered terminal. Palliative care can begin as soon as a patient is diagnosed with a serious illness and can continue while the individual pursues a cure. November is National Hospice and Palliative Care Month to help raise awareness of the skilled, compassionate care that both disciplines offer. The campaign’s 2017 theme is “It’s About How You Live.”

How Does Hospice and Palliative Care Work?

Hospice providers alone care for more than 1.6 million Americans and their families annually. While hospice does involve caring for the terminally ill, hospice care is more than seeing someone through their final days. An integrated team of healthcare professionals and trained volunteers work together to manage pain, control symptoms, and bolster emotional and spiritual needs. Hospice teams ensure patients and their loved ones find support, respect and dignity along the difficult path of a life-limiting illness.

Interdisciplinary palliative care teams are typically comprised of doctors, nurses, social workers, chaplains, and physical and occupational therapists who assist with the pain of cancer, kidney failure, chronic obstructive pulmonary disease, congestive heart failure and other chronic diseases or disorders.

“Hospice and palliative care are a vital means of comfort and support but are not synonymous,” said Lou Giampa, President of Right at Home Westchester. “Palliative care offers a holistic approach to helping reduce the suffering of anyone with a serious, chronic or life-threatening illness, not just those who are dying. As death draws near, palliative care often segues into hospice.”

Hospice serves those with a terminal diagnosis in their homes or at freestanding hospice centers, nursing homes, in-patient care facilities and hospitals. Hospice teams primarily serve in a patient’s home because most end-of-life individuals prefer to pass in their own home surroundings. Hospice care is available to any patient of any age, race, religion or illness. The National Hospice and Palliative Care Organization notes that hospice services “focus on caring, not curing” and “hospice is not ‘giving up,’ nor is it a form of euthanasia or physician-assisted suicide.” Instead, hospice care helps patients and their families embrace life as fully as possible. In some cases, hospice patients rally to make a full recovery.

Who Qualifies for Hospice and Palliative Care?

Most Medicaid, Medicare and private health insurance plans cover palliative and hospice services. Hospice care covered by Medicare requires that a person receive a prognosis of living six months or less, but there is not a six-month limit on hospice care services. A patient with a doctor’s certification of terminal illness may receive hospice support for as long as necessary.

Any person with a serious illness can benefit from palliative support, which emphasizes the quality of life for the whole person including one’s relationships. Palliative care may include educating family members and caregivers on the patient’s illness, treatment plans and medications. Palliative services ease the symptoms or side effects of an illness including:

Pain
Sleep difficulty
Nausea
Shortness of breath
Lack of appetite
Fear and anxiety
Depression and hopelessness

“The majority of U.S. medical schools now offer hospice and palliative care programs and are instructing medical students in these specialized branches of pain management and end-of-life care,” explained Giampa. “It is important to work alongside a care client to develop and tailor a care plan and strategy that meets their own goals, values and needs. Our Right at Home caregivers support a range of hospice and palliative services for everyday needs, such as personal care, meal preparation and light housekeeping. Hospice and palliative medicine means skilled, compassionate teams working together for the good of the care client and the family.”

For more information about person-centered care or cognitive support, visit the local Right at Home office at www.westchesterseniorcare.com.

Learn more about elder law, estate planning and special needs planning at littmankrooks.com, elderlawnewyork.com & specialneedsnewyork.com. Have questions about this article? Contact us.

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Tags: hospice, palliative care
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National Financial Literacy Month: Six Steps Toward Successful Estate Planning

Tuesday, October 10th, 2017

In support of National Financial Literacy Month (April) and National Estate Planning Awareness Week (3rd week in October), the following estate planning article contains a very important message:

Estate planning is a financial process that can protect you and your family and is a very important component of your overall financial planning. Now is the perfect time to put your estate planning house in order. If you don’t have an up-to-date estate plan and you happen to get hurt or sick and cannot manage your financial affairs, the courts will have to appoint someone to manage them for you. The person they appoint might not be the one you would want to perform those tasks.

Without an estate plan, when you pass away, your affairs will be settled by default through a complex legal system called “probate.” The handling of your financial affairs can turn into a costly and frustrating ordeal for your family and heirs.

Even if a simple will is all you require, an estate plan is an essential part of your financial planning. Everybody will need it someday. The time to address or update your estate plan is now. See the checklist provided below to help update your estate plan:

CHECKLIST — SIX STEPS TOWARD SUCCESSFUL ESTATE PLANNING

Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24 or upon completion of college, and the balance at age 30.

Choose your appointees for important roles: Who will be your executor and, if applicable, trustee and/or guardians? It is advisable to list at least a first and second alternate for each appointment in case your first choice is unwilling or unable to serve.

If you have children who are minors, the appointment of a guardian is probably the most important decision you’ll make. With the court’s approval, this person, or persons, will raise your children. Consider appointing a family member and spouse, or another close couple who’ll care for your children the way you would want.

You may want to consider listing multiple executors, trustees and guardians to serve together in handling the details of your estate. This can provide a check-and-balance system for the appointees and help them avoid oversights or misappropriations. Consider appointing family members, friends, professionals, advisers and/or trust companies for this position.

There is some risk here: If these people disagree and have problems, they can each be represented in court by counsel paid for by your estate, so be very careful in making your selections.

Living trusts have become popular because less administration is required in comparison with a will. Be aware that having a living trust does not eliminate the need for a will and administration at either the first or second spouse’s death.

To get the benefits of the trust, certain details must be attended to, and this is the job of your appointees. For example, leaving a trust for the surviving spouse requires that the trust be funded properly and in a timely manner at the first death, or major tax benefits can be lost.

Is estate privacy an issue for you? Do you want your estate to be public record upon your death? Do you have any special gifts you want made to charity? Do you want an elderly parent or friend to be financially cared for? All of these circumstances should be noted in your plan.
GATHER & ORGANIZE YOUR DATA: There are three basic tasks to be accomplished:

Review and update your financial position.

Review how you hold title to your assets. Is it consistent with your estate plan?

Review your beneficiary selections. Are they aligned with your estate plans?

Did you know that how you hold title to assets has a higher legal priority than your will? For example, if you and your best friend held title to an investment club account as joint tenants and you died, the property would revert to your friend even though you had willed your interest to your spouse.

Try sketching a picture or flow chart of your existing estate plan. Review your appointees:

Executor

Guardian of the Person/of the Property

Trustee

Power of Attorney – Property Management

Advance Health-Care Directive or Health-Care Power of Attorney

5. IMPLEMENT YOUR PLAN: Do what needs to be done — i.e., create new wills, trusts and powers of attorney, adjust title to your properties, change alternate beneficiaries of retirement plans and life insurance policies to trusts.

Learn more about National Financial Literacy Month by clicking here. For more information on estate and financial planning content contact v.sabuco@TheFinancialAwarenessFoundation.org.

Tags: National Financial Literacy Month, trusts & powers of attorney, wills
Posted in Asset Protection, Elder Law, Estate Planning, Tax Planning, Trusts, Wills | Comments Off on National Financial Literacy Month: Six Steps Toward Successful Estate Planning

Millennials and Estate Planning: You are Not Too Young for That!

Friday, August 25th, 2017

For many millennials, estate planning is not a topic that has even crossed their mind, let alone been made a priority. With more immediate concerns such as graduation from school, the start of a career, perhaps looking forward to buying a home and starting a family, the thought of planning for death or incapacity is a non-starter for many. Although people often think of estate planning as a task for later in life, there are aspects of estate planning that prove beneficial regardless of age or perceived net worth. Estate planning can include both planning for during life (“Advance Directives”) and for after death (“Testamentary Planning”), both of which are important for any person.

Advance directives, such as a Health Care Proxy and Power of Attorney will benefit any adult, as accidents and emergencies cannot be predicted, and do not discriminate by age. By having a Health Care Proxy in place, a person can dictate who will make decisions on their behalf in the event they can no longer make them on their own. In addition, a thoughtfully drafted living will can assist the appointed agent in making the choices that a person would want made, including what kind of end-of-life care they would want to be given or withheld. Another document that becomes tremendously important in the event of incapacity is a durable power of attorney, which allows the appointed agent to manage the principal’s finances.

As for Testamentary Planning documents, although many people believe that they do not have sufficient assets to warrant the creation of a Last Will and Testament of Trust, there are many aspects of such documents that are important for people of all socioeconomic situations. For young adults who are not yet married, consideration should be made for aging parents who may be on government benefits like Medicaid now or in the future. Without proper planning any amount of money received as the beneficiary of an estate can jeopardize an aging parent’s government benefits. Additionally, as greater numbers of millennials begin starting their own families, a Will or Trust is essential, not only to ensure that assets are distributed according to their wishes at death, but also to nominate a guardian for your minor children in case of your death.

Even at the exciting a fast pace beginning of life, it is never too early to make plan for the unimaginable and for the benefit of your loved ones.

Learn more about elder law, estate planning and special needs planning at http://www.elderlawnewyork.com and www.littmankrooks.com. Have questions about this article? Contact us.

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Posted in Elder Law, Estate Planning, Long Term Care, Power of Attorney | Comments Off on Millennials and Estate Planning: You are Not Too Young for That!

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Archive for the ‘Elder Law’ Category

Caregivers Need Care Too—How to Help, Effectively

It’s Time to Protect Your Family and Your Future: April is National Financial Literacy Month

Seniors Face Significant Health Risks in Summer Heat

National Hospice and Palliative Care Month

National Financial Literacy Month: Six Steps Toward Successful Estate Planning

Millennials and Estate Planning: You are Not Too Young for That!