Elder Law

Alzheimer’s Factors to Be Aware Of

March 1, 2021Filed Under: Elder Law

Alzheimer’s disease is a type of dementia that causes problems with memory, thinking, and behavior, according to the Alzheimer’s Association. Symptoms usually develop slowly and get worse over time, becoming severe enough to interfere with daily tasks. Alzheimer’s affects a growing number of people. There are several factors known to play a role in Alzheimer’s. Let’s look at these factors, both positive and negative.

Age

Age is one of the biggest factors to consider when discussing Alzheimer’s disease. Symptoms generally begin for most after the age of 65. However, the proteins that damage the brain can begin taking a toll on the patient well before symptoms appear. The Alzheimer’s Association reports that after the age of 65, the risk of Alzheimer’s disease doubles every five years. Alzheimer’s disease is associated with old age, but early-onset Alzheimer’s disease occurs in some people, although it is less common.

Genetics

Another factor associated with Alzheimer’s disease is genetics. Although family history is not necessary for a person to develop Alzheimer’s, a person with a parent or a sibling with Alzheimer’s disease is at greater risk of developing the disease. If more than one first-degree relative (meaning a person’s parent, sibling, or child) has Alzheimer’s, the person is at even greater risk.

There are specific genes that can increase the risk of Alzheimer’s disease. If a person receives a gene from one parent, they are at risk, and genes from both parents increase that risk. Although these genes can determine the risk of developing the disease, they do not determine that a person will develop Alzheimer’s disease. In some rare cases, there are deterministic genes that guarantee a person will develop Alzheimer’s disease. There are genetic tests that can identify risk genes and deterministic genes for Alzheimer’s. A person can elect to have these tests to determine their risk for Alzheimer’s disease.

Lifestyle

Lifestyle can be a great factor in helping to prevent Alzheimer’s disease. Researchers have found that aspects of a healthy lifestyle can help to prevent Alzheimer’s disease. Healthy eating, exercise, and sleep are some lifestyle factors that can be preventative medicine for Alzheimer’s. Exercise can help to increase blood and oxygen flow in the brain, and eating a heart-healthy diet also shows great benefit. In addition, strong social connections have been shown to be a preventative factor for Alzheimer’s disease. Remaining mentally active can also help to reduce the risk of Alzheimer’s. Lifestyle is one factor everyone has control over and can go a long way in slowing or preventing Alzheimer’s.

Other Factors

There are other factors that can determine whether or not Alzheimer’s takes hold or not. Socioeconomic factors can determine whether Alzheimer’s takes hold. Recent research suggests that the more higher-level education a person has, the less likely that person is to develop Alzheimer’s. Head trauma earlier in life can put a person at greater risk for developing Alzheimer’s. Race and ethnicity have also been shown to play a role in the risk for Alzheimer’s disease. African Americans and Hispanics are at a greater risk for Alzheimer’s disease, according to research. Gender also plays a role in Alzheimer’s disease. Research indicates that because women are likely to live longer than men, they are also more likely to develop Alzheimer’s disease.

Although we know some of the factors associated with Alzheimer’s disease, there are still many mysteries surrounding it. There is no known cure for the disease, and treatments can only slow the progression of Alzheimer’s. With this information, it is important to take control of the risk factors you are able to and be fully aware of early warning signs. Being armed with good information can help to slow or prevent Alzheimer’s from taking hold.

If you have any questions about something you have read or would like additional information, please feel free to contact us. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

Information That Can Help Seniors to Become More Tech Savy

February 15, 2021Filed Under: Elder Law

Today, we currently live in a world of the Internet of Things (IoT). Embedded electronics with internet connectivity simplify tasks and are a pervasive part of our daily lives. Typically, the younger generations are very adept at navigating the IoT while many seniors feel overwhelmed by technology, devices, and the internet in general. The good news is that learning the basics and becoming a tech-savvy senior is not that hard, particularly if you take a couple of weeks to get acclimated and have some guidance in the form of online tutorials or personal assistance. Digital literacy training will give a senior the confidence and skills they need to access information and online services.

What is a computer anyway? It is an electronic device that manipulates information in a coded format. A computer can store, retrieve, and process information or data. The data is rendered through software applications that provide us screen displays of written text, pictures, video, and sound. The personal information age began with the desktop computer. A desktop personal computer (PC) has a screen (monitor), a keyboard and a mouse for input, and the hardware box called a tower. It is connected by the main power cable and is thus stationary. A laptop computer, also called a notebook, is a self-contained, thin box that opens like a clamshell. The monitor is on top, and the keyboard and mouse are below. Laptops are portable, and while it has a power cable to plug into a wall, it also has a battery that can last for hours without the need for an electrical outlet.

Newer versions of traditional computers are available because microprocessors became so small and efficient that miniaturization is commonplace in the forms of tablets, smartphones, and wearable devices. A tablet is a wireless, portable, lightweight personal computer that utilizes a touch screen, which allows for input via fingertip touch. It is a single flat surface monitor and has a camera for photo and video capabilities. Like a laptop, a tablet is charged via a wall outlet but has a battery that can last for hours. The tablet is smaller than a laptop or notebook computer but larger than a smartphone. Smartphones and wearable devices like a smartwatch or medical device have cellular capabilities for internet connectivity and are essentially a portable mini-computer. Like a tablet, they have a touch screen and a camera. These smallest of devices use cellular tower connections or Wi-Fi connections, often referred to as a “hot spot.” Wi-Fi “is the name of a popular wireless networking technology that uses radio waves to provide wireless high-speed Internet and network connections.” Smartphones, watches, and wearable medical devices all have battery powers that must occasionally be recharged.

All of these types of computer can connect to the internet of things that enable you to browse internet content, use email, play games, listen to music, watch movies, engage in social media like Facebook or Twitter, video chat with Skype or FaceTime, shop online, and edit/share videos and photos. There are many more uses for the IoT, such as making your living environment a smart home by using internet controls (applications or “apps”) to change your environmental lighting, heating, or cooling. Or connect your vital signs to your medical professionals via a wearable diagnostic device, remotely monitor your front door with a doorbell camera, and even manage your finances, providing you have a safe and secure online connection.

If you have a grandchild or technically-able adult child talk to them about which particular type of computer is best suited to you. Many computers that are available today are explicitly geared toward the aging population with larger font sizes and buttons, and voice controls. Once you select your computer, get help connecting the device to the online world. Eventually, you will learn how to configure your connectivity, but your first steps should be about familiarizing yourself with the basics of the technology.

If you are unfamiliar with using a computer, visit a local library or bookstore. There are a variety of computer “self-help” books that describe different types of technologies, and you can use the book as a reference if you can’t remember everything at first. The book by Nancy C. Muir, Computers for Seniors, subtitled for Dummies is a good “getting started” read and is part of a series of how-to books that simplify learning. If you already have access to the internet, several online services provide technology lessons and instructional videos at no cost. These tutorials allow you to work at your own pace; even will enable you to repeat a section that you might find particularly challenging to grasp. GCFGlobal and TechBoomers.com are easy and free websites that can help you learn the necessary computer skills to engage in the IoT. If you are somewhat familiar with computers, you can also “Google” search (or use another search engine) and browse YouTube for video instructions that provide quick overviews of general computer understanding and specifics like setting up a Facebook account or creating a Skype account.

Being comfortable in the online world brings many benefits to an aging senior. Even if you have zero computer experience, do not be afraid to engage in computer and online technology. Grab a trusted tech-savvy friend or grandchild who can help you take your first few steps. There are so many ways that being online can connect you to friends and loved ones, your medical professionals, keep you from feeling isolated or bored, allow you to explore the virtual world and spark new interests to keep you mentally engaged. Once you have mastered the computer technology basics, use your interests to help guide you to topics that you find most engaging. Begin with someone who can point you in the right direction to make your learning experience easy and fun while staying protected in online communities.

If you have questions or would like to discuss planning opportunities for you or a loved one, please give us a call. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

The Stresses of a Spouse Becoming The Main Caregiver

January 18, 2021Filed Under: Elder Law, Long Term Care

Becoming the main caregiver for a seriously ill spouse can trigger relationship challenges. In the process of change, you can lose your best friend, your love, and your future as you both had imagined it. Promises will change from words spoken in oath on your wedding day to deeds of care in your mostly, but not exclusively, older years. The new caregiver morphs from a loving spouse into their new role, which is an entirely different sort of relationship of primary service. In more tragic cases, the caregiver can become distant to the marital bond, struggling with feelings of loss, fear, anger, resentment, or misunderstanding.

It’s a situation no spouse looks forward to on either side of the equation. A loving couple does not look forward to the day when they either must watch and tend to the mortal decline of their spouse or, conversely, be the spouse who feels wracked with guilt feelings knowing their health problems are placing a tremendous caregiving burden on their spouse. No matter the desire to avoid the experience, very few married couples will elude the complication that serious illness brings to their shared lives. Sadly, the needs of the caregiving spouse are often overlooked at a time when they need renewed strength to support their partner in new ways.

The caregiving pressures exerted on a spouse are significant. According to an analysis of 168 studies, while the caregiving spouse will protect their mate, they report more symptoms of depression, lower levels of psychological well-being, and more significant physical and financial burdens. To cope with the changes presents challenges, and sadly, the longer you have been married, the more difficult the process of rewriting the relationship’s rules and expectations become. Early on in the illness diagnosis, spouses are unclear as to how to handle the short-circuit in communication and productively process their feelings.

Many new spousal caregivers will feel the complications of isolation. Family members and close friends may not visit, not help, or even ignore the couple struggling to create new behavioral norms. Health Affairs reports that 55 percent of older spouses experience their end of life caregiving years without help from children, other family members, or even paid home health aides. The entirely new sort of relationship that becomes forged between husband and wife becomes defined by illness and lost emotional connections.

The need then becomes the focus on what to do to improve the situation. The first is the caregiving spouse needs an accurate understanding of the condition, treatment, prognosis, and needs of their ill spouse, whether they are diagnosed with dementia, cancer, heart failure, kidney dysfunction, or another serious illness. The information needs to come directly from attending physicians and health care providers. Caregivers need to participate in medical appointments and become an active participant in identifying health and wellness issues and potential fixes. Medical recommendations need to be prioritized so that the caregiver can be a positive, encouraging reinforcement rather than a nagging, stress-inducing reminder that can trigger frustrations on both sides.

If family and friends are willing to help lighten the load, it is imperative to accept help. Housekeeping, erranding, providing casseroles, transportation, visiting, anything that can reduce your workload as a caregiver is essential to accept graciously. Review your insurance plans as many give some level of coverage of home nursing services, occupational, and physical therapy. These services can improve your partner’s abilities and safety in your home.

Share as much time as reasonable with your spouse, listen to their thoughts, and spend time in quiet reflection. Follow routines that are established patterns in your life together. A Friday movie night at home with popcorn, walking the dog, or sharing morning coffee as a continued routine helps to keep a sense of continuity in the face of the unknown.

Recognize that you are not alone in your struggle. Authors Barbara Kivowitz and Roanne Weisman have written about their journeys as the caregiving spouse of a seriously ill mate in a book entitled Love in the Time of Chronic Illness: How to Fight the Sickness – Not Each Other. The most poignant recommendation describes shifting the notion of caregiving from a set of daily responsibilities to an act of expressing compassion. Kivowitz encourages couples to “Measure success by how well you connect, love and feel loved.” Don’t let a serious illness shake the foundation of your marriage. Identify your roles and set structure to address the issues at hand, and in the face of the unknown, you both will be better for it.

If you have questions or would like to discuss your personal situation, please don’t hesitate to contact us at 513-771-2444.

What Happens to your Digital Assets?

January 11, 2021Filed Under: Asset Protection, Elder Law, Estate Planning

Today, almost everyone has digital footprint. From social networks like Facebook, Linkedin, Instagram, Twitch.tv and Twitter, blogs and licensed domain names, email, music, photos, seller accounts on eBay, Amazon, or Itsy, gaming accounts, even your financial, utility, and medical accounts are all part of your digital footprint. When most of us created these accounts, we blithely accepted the End User License Agreement (EULA) without much thought to when we would no longer be around to manage their content and activity. However, a EULA designates in detail the rights and restrictions that apply when using the software known as terms of service (TOS). Most EULA’s are a standard form of contract, a contract of adhesion, which is known to exploit unequal power relationships. A user has no option to negotiate the terms of a EULA if they want to use the software.

When you create your will and its associated documents like a durable power of attorney (in the event you become incapacitated) it is prudent to include digital assets and a designation for someone to access your online accounts and manage their activity. Without specific instructions, most of your online accounts will not pass through the typical estate planning devices like trusts and wills because they are not your property. Still, they are very representative of your being. Since most TOS are non-transferable, you will likely be unable to transfer the “ownership” of your online accounts legally. However, you can still plan for how they should be handled when you die.

In terms of Facebook and other social network platforms, each company has its policy regarding the account of the deceased. Facebook, for example, will permit your account to be placed in a “memorial” status so that it can be viewed, and loved ones can leave memorial messages. Other social networking sites will delete or deactivate your account. If the social network is not appraised of your death, the company won’t know for a while, allowing someone to make changes to your account after your death, perhaps even posting a final status or update of your choosing. Though this is in opposition to most social networking platform policies, it is difficult for online companies to know about and monitor user activity in the event of death.

Your executor should inform readers of a blog or other licensed domain names you maintained while alive. A licensed domain name should be transferred or ended as continued licensing payment makes no sense. The content of these sites should be removed or archived. If you belong to online communities such as a book group or community list serve, you may also choose to leave a final message or have your executor notify the group of your passing.

If you store movies, music, photos, eBooks, or other digital online files, your executor should have access to the files and carry out your wishes as to what to do with them. If you do not leave access to your online accounts, they will eventually become disabled due to inactivity, and no one will have access to the files. In the event you own the data, i.e., personal photos, you can use your will or living trust to leave them to a loved one or a friend. You will have to leave detailed descriptions (My trip to Paris) for photos. As far as purchased online music or eBooks it is not the same as owning a physical CD or book. Software or digital content does not permit acquisition of ownership rights. This means the money you paid for the online content was more of a subscription service solely for your use and not transferable upon your death. Your virtual music and film library will die with you.

If you are an online seller on eBay, Amazon, Itsy, or the like, leave specific instructions about what to do with your online store. You may leave all profits that continue to come in and the stock items you sell through your will or living trust. When the company knows of your death, your executor will have no power over the account itself, but you can make provisions for the profit and stock items to be bequeathed. If you want someone to take over your online store after you die, you will need to reference the TOS of the company. Most do not allow accounts to transfer; however, the new “owner” can open a new account and reimagine your storefront.

Financial, utility, and medical accounts should all be addressed very clearly in your digital will. Leave instructions as to what website, username, and password are for each account. Also, leave written instructions about what to do with each of them. Regarding your financial accounts, their contents will be addressed in your will or trust, but your executor will have to access these accounts to wrap up your estate. These accounts include checking and savings accounts, mortgage, life insurance, and retirement accounts, as well as phone, cable, gas, and electric bills, tax preparation services, medical accounts, and more.

Your online presence requires digital legacy planning. Take a good look at all of your online accounts and be sure to leave reliable access to them and instructions for your executor. We can help you with this process, and with drafting appropriate planning documents to deal with these assets.

If you have questions or would like to discuss your personal situation, please don’t hesitate to contact us at 513-771-2444.

Alzheimer’s Factors to Be Aware Of

Information That Can Help Seniors to Become More Tech Savy

The Stresses of a Spouse Becoming The Main Caregiver

What Happens to your Digital Assets?

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Affiliated with Cornetet, Meyer, Rush & Stapleton Co., L.P.A.