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Estate Planners Find More Clients Are Raising Grandchildren

Monday, October 7th, 2013

Financial advisors and estate planning experts are reporting that they are seeing an increase in the number of grandparents who are helping to raise their grandchildren. For many, that added financial responsibility means that plans for retirement must be put on hold.

More than 2.6 million grandparents were raising grandchildren below the age of 18 as of 2011, according to the U.S. Census. Many households are disrupted due to underemployment, divorce, mental health or substance abuse issues or chronic illness. When adult children are not able to fully parent their own children, other family members often step in, and many times, custody of the children falls to the grandparents. That addition to the household means that more funds are needed for food and clothing; add in school supplies, sports and leisure activities and even basic entertainment, and a comfortable budget for two retirees can quickly be stretched to the breaking point, not to mention the emotional toll.

Merrill Lynch ran a survey of retirees in early 2013. Thirty-five percent of responding grandparents stated that they expect they will have to provide financial support for their grandchildren: 43 percent of those respondents stated that they will be providing financial support; 38 percent believe they will be paying for housing; 30 percent will be paying for education; and 25 percent are planning to pay for health care.

Even when grandparents are not shouldering the entire burden, many grandparents report that they are helping to “bridge the financial gap,” paying for some items or providing ongoing monthly funds to help make ends meet. And when some families are more financially secure than others, issues of resentment can build. That and the tax implications of gifts and estate tax is why so many estate planning attorneys strongly suggest that families look into setting up trusts with specific guidelines.

In addition to looking at financial estate plan issues, any grandparents who are parenting or co-parenting grandchildren should speak with an attorney to make sure guardianship issues are formalized. A guardianship that must be declared through the courts during an emergency is unpleasant for everyone involved.

 

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Milestones That Can Turn YOU Into A Caregiver (When Occasional Help Becomes Full-Time Assistance)

Tuesday, October 1st, 2013

In a third of all American homes, someone is providing care for a loved one. When a son or daughter is caring for an elderly parent, occasional help with some tasks can move rather quickly into regularly providing care for such essential daily activities as eating, bathing and dressing. The speed of the transition can sometimes be overwhelming for the person providing the care. It is important to recognize specific milestones that can mark the transition to full-time care, so that the caregiver is prepared and so that everyone involved can more easily recognize when help is needed.

Physical challenges are one such milestone. When a person is unable to walk without assistance, the need for full-time care quickly arises. Depending on the circumstances, it may not be safe for a particular caregiver to provide the lifting support necessary to help an older loved one in and out of chairs, automobiles and bed. Incontinence issues are another physical challenge that are often a tipping point for families to recognize that caregiving has become a full-time job and that help may be needed.

Behavioral and cognitive issues are another challenge that can quickly increase in significance. If an older loved one has symptoms of early Alzheimer’s disease or other dementia, the assistance he or she needs may be minor at first, but may progress quickly. If an elderly parent becomes prone to wandering or exhibits the aggressive behavior sometimes found in Alzheimer’s patients, this can be a turning point in the need for full-time care.

The needs of each individual and the way that each family provides care depend on individual circumstances, but it is important to recognize when the need for a little help has become the need for full-time care.

 

For more information about our legal services, visit www.elderlawnewyork.com.

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Procrastination & Debt Have Serious Effects on Estate Planning

Thursday, September 19th, 2013

Proper retirement and estate planning is the key to having the resources to enjoy one’s golden years and leave a legacy to one’s heirs. Two of the biggest obstacles to avoid on the way to these goals are procrastinating about saving for retirement, and accumulating unmanageable debt.

It may be understandable that retirement is the last thing on young people’s minds, but it is also regrettable, because the earlier one begins to save for retirement, the easier it is to build a comfortable nest egg. Someone who saves $100 per month beginning at age 25 will have saved over $300,000 by age 67, assuming a rate of return on investment of 7 percent. Saving the same amount of money per month but not starting to save until age 40 would result in savings of less than $100,000.

The Social Security system is more stable than some critics would lead one to believe, but Social Security retirement benefits provide only a safety net, not enough to retire in comfort. Employer pensions are very nearly a thing of the past. Much of the responsibility of providing for one’s retirement is up to the individual. A 401(k) plan, especially with an employer contribution, can be a tremendous help, and can motivate even young workers to save. The key is to avoid procrastination in saving for retirement.

Debt is the other major issue that can adversely impact retirement planning and estate planning. With too much debt, many older Americans find they cannot afford to retire, much less leave a substantial estate to their heirs. To get control of debt, it is important to focus on paying down high-interest debt first, such as credit cards.

Debt – even a healthy, manageable amount – can affect estate planning in less obvious ways as well. For instance, if you are planning to provide for some heirs through a trust and others through a will, you should be aware that debts must be paid from your estate and consider how that will affect your bequests.

 

For more information about our legal services, visit www.elderlawnewyork.com.

 

 

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Relocation and Estate Clearance Services: The Anatomy of a Virtual Clean Out

Wednesday, September 18th, 2013

This week’s guest blogger is Leslie Josel, a nationally recognized expert on chronic disorganization and hoarding issues. Leslie has appeared on several episodes of TLC’s hit television show, “Hoarding: Buried Alive,” the Cooking Channel’s television special, “Stuffed: Food Hoarders,” “dLife-TV” and the nationally syndicated “The Better Show” as an organizing expert. She is frequently quoted in mainstream news media such as MORE Magazine, Better Homes and Gardens, New York’s Daily News, Westchester magazine and other print media.

Losing a parent is difficult for anyone. But when you live thousands of miles away from your parents’ home and you are responsible for clearing out and selling it, the task can seem overwhelming. How are you going to take off work or leave your family? How are you going to be able to afford the multiple trips it might take to accomplish the clean out? Where do you even begin finding the resources you will need in a city that you don’t live in? By hiring a “transitions” or estate clearing company that works virtually. Yes, virtual is the answer! Let me take you through the anatomy of a virtual clean out.

Henry reached out to us to help him clear his parents’ home in Brooklyn. Due to personal issues, he was not able to make the trip east from his home in Texas. So we did our entire decision making by video, email and phone. We created a photo book of the home’s contents and their appraised value that was sent to Henry and his siblings. They were able to make the appropriate decisions at their leisure using our book as their guide.

With Henry’s involvement, we hired appraisers, cleaners, electricians, carting services and movers. We sold, donated and disposed of the contents of the home that Henry did not want to keep. In addition, through photos and video, we were able to advise Henry of the necessary repairs and renovations needed to get the home ready for sale and hired the appropriate contractors for the work. After extensive interviews with local realtors, we then hired a reliable realtor to sell the home. Through Virtual Organizing (E-mail, Skype and phone consultations), we enabled Henry to remain in Texas knowing that, while he was in capable hands, he would still be able to make critical decisions and stay in the loop every step of the way. End result? Henry’s parent’s home was sold within two months with Henry only needing to return to New York for the closing.

 

To find out more about Littman Krooks legal services, visit www.elderlawnewyork.com.

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Retroactive Disability Benefits Now Available for Veterans

Monday, September 16th, 2013

For the first time, eligible veterans who file fully developed claims (FDCs) will be entitled to retroactive benefits from the Department of Veterans Affairs for a service-connected disability, for up to one year. The change is due to provisions of a new law that went into effect on August 6, 2013 and will be in effect until August 5, 2015. Public Law 112-154 is a comprehensive package of legislation that was passed by Congress and signed into law on August 6, 2012 by President Obama.

Veterans’ advocates said that the new legislation is all the more reason for disabled veterans to submit fully developed claims, which are claims that do not need any further documentation. In addition to the retroactive benefits, FDCs move through the VA’s system much more quickly. The current average time for traditional disability claims to be processed and decided is approximately 260 days, while the average for FDCs is approximately 114 days.

Disability claims can be filed electronically using eBenefits, an online portal jointly operated by the VA and the Department of Defense. While submitting an FDC will decrease the processing time for any claim, only veterans submitting their first claim are eligible for retroactive benefits.

 

For more information about our legal services for veterans, visit wsww.elderlawnewyork.com.

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Demand for Caregivers Increases

Wednesday, September 11th, 2013

A new study by the Pew Research Center and the California HealthCare Foundation found that the number of adult caregivers of family members has increased from 30 percent to 39 percent in the past year. The sluggish economy, an aging population and an increase in chronic illnesses all have contributed to an increased need for caregivers in the home. And more than ever, those family caregivers are turning to the internet for support and information.

Grandm_GranddThe U.S. population in 2000 included approximately 12 percent of adults 65 years and older; by 2020, adults 65 and older are expected to make up at least 19 percent of the population. The increased “graying” of the country means that more comprehensive services for elders and their caregivers, both professionals and family members, are an ongoing concern. Most of the adults who are caring for a family member – two-thirds – are either caring for a parent or a parent-in-law, researchers say. Caregivers typically are doing everything from managing finances to shuttling the elderly parent to medical appointments, and more.

Another cause for concern is that more seniors than ever before are living with complex chronic medical conditions, and living longer. Seniors are relying on family members to help with their medical issues, in large part due to the sluggish U.S. economy. More households are attempting to manage their care with limited funds and resources and caregivers are turning to the internet for information on illnesses, symptoms, medications and treatment. The study found that more than 70 percent of caregivers surveyed reported that they research issues online. Information on medical issues and the support of social media have never been more important to caregivers, researchers say.

But the Internet is only one resource, and not as comprehensive as many caregivers need. According to a 2012 estimate by the AARP, 50 percent of caregivers for the elderly are delivering complex medical and nursing care in their own homes.

The bottom line? The U.S. health care system and the social system are both struggling to keep up with the demand for elder care. For now, that need is still being met primarily at home.

 

 

Visit www.elderlawnewyork.com for more information.

 

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Traveling Tips for Families with a Loved One with Alzheimer’s

Monday, September 9th, 2013

If you have a loved one with Alzheimer’s or other dementia, you may be apprehensive about bringing your family member with you when traveling. However, with a little bit of careful planning, you and your loved one can enjoy a safe trip.

Before deciding on travel details, consider what would be best for the safety and comfort of your loved one with Alzheimer’s. People in the early stages of the disease often enjoy travel, but for some the experience is overwhelming. Keep your family member’s preferences and limitations in mind when choosing your transportation method. The best journey is one that does not unduly disrupt your loved one’s daily routine. A person with dementia is likely to prefer a destination that is familiar or that involves visiting loved ones.

Navigating airport security can be difficult for someone with dementia; if you must travel by air, consider informing the airline of your needs ahead of time. Even if a wheelchair is not necessary, it may be a good idea for your family member’s comfort and because you will have an airline employee to help you get around the airport.

During the trip, be aware of the fact that a change in environment can be a trigger for wandering, and take precautions. Also be sure to keep essentials on hand such as a comfortable change of clothes, all prescribed medications, snacks and drinking water. You should also bring important documents such as copies of any living will or advanced health care directives, health insurance cards, and doctors’ names and contact information.

For more information about our elder law services, visit www.elderlawnewyork.com.

 

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Study Finds High Disability Rates for Elderly

Tuesday, August 27th, 2013

Researchers at the University of California, San Francisco, have released a study recently published in JAMA Internal Medicine, after looking at more than 15 years of data. They examined the national Health and Retirement Study in order to discern how many elderly people are disabled in their last few years of life. The study looked at more than 8,000 adults over the age of 50 who died between the years 1995 and 2010, and how mobile they were, as well as any disabilities they had in their last years of life.

Gerontologists and other elder care professionals have been working on the “compression of morbidity:” keeping seniors healthy and active as long as possible so that there is little-to-no loss in quality of life until just before death. But despite their best efforts, the researchers believe that instead, people are living longer while also disabled. Though later-life disability can be slowed down, it cannot, it seems, be prevented entirely. According to the lead author, Dr. Alex Smith, most people who live to an older age, especially women, do so with a mobility issue or other disability for the last few years of life.

The study found that for the last two years before death, 28 percent of individuals were disabled in an area of “activities of daily living,” meaning they could not bathe, dress or toilet themselves without assistance. Twelve percent of that group was severely disabled; they needed assistance with all three of the activities of daily living, and other assistance, as well. The rate of disability rose sharply with the age ranges; of the group which died by age 69, only 15 percent were disabled in the two years prior to their deaths. Of the group which died after age 90, at least 50 percent were disabled within two years prior to their deaths.

Mobility issues occurred in most people in the study; 69 percent of the older group had reported that they could not walk more than several blocks, while 50 percent reported that they had trouble using stairs. Women overwhelming were more disabled in their later years compared to men the same age, possibly due to depression, osteoporosis and arthritis, all of which occur more commonly in elderly women than in elderly men. The study did not include the incidences of cognitive decline.

The study indicates that the U.S. needs better elder care facilities, comprehensive medical elder care and extensive support structures in place as the nation’s elderly population continues to grow.

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How Nursing Facilities Can Be Welcoming to LGBT Residents

Monday, August 19th, 2013

Nursing homes have always had lesbian, gay, bisexual or transgender residents, but they have not always felt comfortable identifying as such, for fear of how staff or other residents might react. It is important for nursing facilities to be open and welcoming to LGBT residents, and to this end the Alzheimer’s Association has published a guide for long-term care facilities welcoming LGBT residents. The guide is also useful for LGBT elders and their families considering a nursing facility, to determine how welcoming it will be.

According to the Alzheimer’s Association, a facility should first of all assume that there are LGBT residents, and not assume that staff can identify them. LGBT residents cannot necessarily be identified by external characteristics and they may have past life experiences such as being in a heterosexual marriage or having children that do not fit common assumptions about LGBT people.

The association also recommends that nursing home staff ask residents about their sexual orientation in a safe and confidential way, in the same way that any other factual though potentially sensitive question would be asked. However, if the resident appears uncomfortable, the matter should not be pushed, and staff should remember that sexual orientation is just one aspect of a person’s identity.

The association recommends – and LGBT elders should look for – signs of welcoming in a long-term care facility. A facility can show that LGBT elders are welcome by prominently posting its non-discrimination policy, including same-sex couples in marketing materials, and including LGBT-inclusive images or messages in the lobby and other public areas. Forms should include relationship options such as “significant other” and “partner.” Staff should be trained on how to recognize and address the needs of LGBT residents.

When nursing facilities take these steps, it will be apparent to LGBT elders and their families that the facility is welcoming to them.

 

For more information about our elder law services, visit www.elderlawnewyork.com.

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What to Do When an Older Loved One is Resistant to Care

Tuesday, August 13th, 2013

 

Caring for an older loved one can be a challenge, even more so if the family member is resistant to care. In dealing with this type of situation, it is important to understand the source of the resistance and how to encourage cooperation.

A family member who resists care, whether it is direct help by a loved one or professional care, is likely experiencing unhappiness due to loss of independence. Needing to be cared for involves a disruption of routine and loss of privacy, which can be disconcerting. An older family member may be feeling frightened of aging or feel guilty about being a burden on other family members. All of these factors can combine to cause a response that is understandable even if it is not very rational: resisting needed care.

An important part of dealing with resistance to care is knowing when and how to have the necessary conversations with your loved one. You should bring the subject up at a relaxed time when you will be able to take time to listen to each other. Be sure to ask questions about your family member’s needs and preferences. Even someone with Alzheimer’s or other dementia can express preferences. If your loved one is resistant to even talking about the care situation, try letting the matter rest for a while and bringing it up again later.

One effective strategy for encouraging cooperation is to suggest that a new type of care be introduced on a trial basis. Whether the change involves bringing in a home health aide or leaving home, much of the resistance may come simply from fear of the unknown. Once your loved one actually experiences the benefits of care, there may be less trouble accepting it. In the case of a home health aide, it can be useful to point out that this can help prolong independence.

Depending on the situation, it also may be helpful to have a professional such as a doctor, attorney or care professional explain the need for care and the benefits of a certain arrangement. Due to family dynamics, an older parent may be more likely to take the advice of a trusted adviser.

Resistance to care can be an enormous challenge. Communicating effectively with your family member can make all the difference.
For more information about our elder law services, visit www.elderlawnewyork.com.

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