Elder Law

Family Caregivers Who Thrive

April 26, 2021Filed Under: Elder Law, Senior Health and Wellness

Around 17 percent of the US population is a family caregiver, and most are losing sleep, worrying, losing income, struggling to balance caregiving tasks with their workload and other family responsibilities. These 53 million caregivers are often experiencing ill health of their own and putting their well being at a lesser priority to their family loved one. The coronavirus pandemic further complicates matters as an October 2020 poll from The Associated Press-NORC Center for Public Affairs Research reveals that family caregivers provide 36 percent more care than one year ago due to the virus. Many family caregivers are exhausted, keeping their older loved ones safe and socially connected, often while working from home and supervising children during home school days. To be good to others, you must first be good to yourself. Making self-care a top priority allows you to be a more effective caregiver to your loved one. Here are ten strategies to implement today to ease family caregiver burnout.

Relentlessly add some “me time” into your schedule. There is time to enjoy life, visit (even if virtually) friends, read an enjoyable book, do some artwork, practice meditation, or just lay down and relax. Whatever it is that brings you joy and peace of mind (and it can be changeable!), put it in your schedule routinely.

Prioritize your healthcare. You cannot be an effective caregiver if you are unwell. It is a trap to spend all of your time managing your loved family member’s doctor appointments and medication while forgoing yours. When was your last checkup? Are you experiencing new symptoms under the stress of caregiving that you are not sharing with your doctor? Make those appointments for your well being today.

Eat a healthy diet and get enough exercise. Neglecting the very basics of a healthy lifestyle encourages health problems to present themselves in you. A healthy diet coupled with exercise will bring balance to your well-being, and from there, all things become possible. Ditch the fast food, drop the daily glass of alcohol, and practice a healthier lifestyle.

Connect with other caregivers. It is so helpful to address your caregiving frustrations out loud to others in a similar situation. You might find they experience similar feelings to your own. It is not a failure on a caregiver’s part to have these feelings. You are human and, as such, have frailties. Never try to be invincible. If you feel you need more help than this, seek professional counseling. A counselor can help you sort through the complexity of your situation and feelings, providing tools to navigate family caregiving’s complex emotions. Select a therapist who specializes in helping those who are caregivers and the associated dynamics.

Learn more about your loved one’s health condition to better prepare for what lies ahead. You can’t know the future, but a medical prognosis and additional research can go a long way to addressing uncertainty that increases stress levels. Understanding possible future scenarios will let you plan and reduce the number of surprises that can catch you off guard.

Learn to set boundaries and don’t let old family dynamics dominate today. As your aging loved one requires more care, your downtime can become non-existent. Stay true to your schedule and your needs. If your loved one requires more help, it is time to call in other family members for financial or hands-on assistance or hire a service to provide additional care. Also, do not fall into child mode and allow your parent to push your buttons as they may have in earlier years. Stay in the present and focus on the task at hand. If you find it hard to separate then and now behaviors with your parent, seek support groups or find a counselor to learn ways to combat falling into old patterns.

Get help and get it sooner than later. It is not your destiny to go through this alone. Talk to your family or your doctor to strategize about ways to reduce your workload and stress. Bring in professional care, even if just a couple of times a week for some relief. Ask for help and then accept it! Your family members may be willing to help financially and spend time remotely with your loved one while you take a well-deserved break. When someone steps in to help, do not hover or micro-manage the situation. Walk away and clear your head. The world will spin without you being the family caregiver for a few hours or even a few days. Do not delay. Take good care of yourself to be your best for others.

Make sure you have a plan. If something should happen to your health, have you put into writing who should make decisions for you, who should manage your affairs, and what your wishes are regarding your care? If not, the time couldn’t be better. We can help, and would welcome the opportunity to make sure your wishes are properly documented.

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

How to Prepare for an Aging Parent’s Care

April 19, 2021Filed Under: Elder Law, Medicaid Planning, Senior Health and Wellness

One truism of providing care for an aging parent one is preparation is crucial to success. Whether you need basic information about eldercare resources and services, are looking for a local agency to provide those services, or have worries about legal documents or how to finance your parents’ care needs now or in the future, the time to begin planning is today.

The American Public Broadcasting Service (PBS) and television program distributor provides an online handbook, Caring for Your Parents, that offers good preparedness strategies. These planning strategies, links, and tools are also transferable for spousal care, other elderly relatives, or caring for a loved one who is chronically or critically ill with significant ongoing needs. The PBS handbook, designed by WGBH Educational Foundation and the MIT Workplace Center, addresses a wide variety of situations and is even appropriate when considering your own needs as you age.

In terms of an aging parent, it all begins with an open and honest conversation. You might be fortunate and know your parents are well prepared for their future, but most Americans will face situations where loved ones will require additional help and resources. If your parents have a solid aging plan with proper legal documents and financial backing, know that you can access that paperwork and account information.

If there is no plan in place, talk with your parents about future changes with appropriate family members. Take small steps to prevent overwhelming your parents, listen carefully, and be prepared for some denial. Discuss living at-home safety, bringing in outside services and caregivers into their home. Also, broach assisted living or nursing homes and if your parents’ have a valid will and health care proxy. Define their healthcare and living needs for the present and the future.

When locating services remember all eldercare is ultimately local, and services vary widely among states and regions. If you care for your elder parent but do not live nearby, look for resources in the state and neighborhood where your loved one lives. Be persistent; no one resource has all the answers. You may receive advice that something cannot happen when in fact, it can. Request an “Information and Referral” (I&R) specialist. These specialists have the proper training to answer a wide range of questions and connect you to services.

Much of your search will be on the internet. Your search can be overwhelming as there is so much information about eldercare, so be sure to use trustable sites for data. The PBS Caring for Your Parents Handbook’s links can specifically help navigate eldercare services and information complexities, whether the needs be moderate or significant.

Aside from identifying and using eldercare services, the Handbook contains information about finances, legal issues, insurance, home care, housing and transportation, health care, activities, and strategies for caregiver wellness. You can cross-reference data you uncover using the AARP online forums, where people share experiences, ask and answer questions, and learn from each other. Or use the AARP search tool entering phrases like “caring for your aging parent” for articles, books, and guides that you can compare with the PBS Handbook.

When establishing a care plan for your aging parents, realize that good intentions can quickly derail without legal documents in place permitting you to make decisions on their behalf. The quality of life and end-of-life care your parents receive is inextricably linked to proper legal documentation. When making plans and acquiring eldercare services, be certain to speak with an elder law attorney who can provide an overview of the aging process from a legal perspective and identify your parents’ specific needs. Health care proxies and living wills will enable you to make decisions based on your parents’ beliefs, values, and wishes when they are no longer able to decide for themselves.

As elder law attorneys, we consult with families on both care and legal needs of family members as the two are closely related and should be considered together. If you would like to discuss your particular needs, we would be honored to speak with you. Please don’t hesitate to contact us at 513-771-2444.

Undue Influence and Estate Planning

April 12, 2021Filed Under: Elder Law

The elderly have, unfortunately, always been more susceptible to manipulation from those who will defraud or steal from them. Targeted attacks on vulnerable older people to exert what attorneys deem “undue influence” constitutes elder abuse. It disrupts the older persons’ impulse to provide for loved ones and instead leaves assets to the manipulator. Often, family members do not find out about a change in estate plan until after their loved one has died. Most often, a manipulator will seek to keep last-minute changes of inheritance quiet.

If you believe undue influence was at play regarding the will of your deceased love one, you can take your suspicions to probate court. Proving undue influence can prompt the probate judge to rule that the will and other estate planning documents are invalid. Contesting undue influence is allowable even if there is no regular probate court proceeding to probate the will and distribute estate assets.

A probate judge will look for a claimant to prove that the will either

Leaves property in an unexpected manner, cutting out close family members in favor of others without an obvious explanation before their death
The will-maker may have been particularly trusting of, or dependent on, the influencer, sometimes referred to as a confidential relationship
Frailty, illness, or fear of abandonment make the will-maker susceptible to undue influence
The confidential relationship influencer took outright advantage of the will-maker and directly benefited by substituting a will of their choosing and not the will-makers.

Undue influence is not the same as meddling or offering unsolicited advice or opinions to an aging family member. As long as a will-maker is mentally and physically independent, they can follow or disregard opinion and advice as they choose. The situation changes when physical frailty or cognitive decline can leave a will-maker susceptible to undue influence. As an example, out of need, an older person might welcome a cousin into their home to provide them care. That older person’s children may have suspicions about the cousin’s motivation or begin to experience estrangement from their loved parent. In this event, direct conversations with the will-maker and their permission to confirm through their attorney that the will and estate documents have not changed may be necessary.

Proving undue influence in probate court will require testimony from people who knew the will-maker well, such as medical doctors and health care providers, caregivers, lawyers, and other advisers, as well as family members. These individuals then testify about what they know regarding the relationship between the deceased individual and the person being accused of exerting undue influence.

Because probate courts try to adhere to the last “voice” of the decedent, the best and least expensive way to prevent undue influence is to have an open discussion with your loved one or aging parent. Discuss their estate planning and its impact on all generations in the family well in advance of them becoming vulnerable. According to a survey by Caring.com, only 45 percent of adult children discuss what their parents’ plans are for when they need care. And only 30 percent discuss who will pay for and manage their care. Even during the COVID-19 pandemic, only a small percentage of Americans have the proper estate planning documentation. Acting now to prevent potential abuse is vastly preferable to introducing allegations of undue influence in probate court.

If your loved one is already having difficulty making rational decisions, including estate planning options, for their well-being, seek a guardianship or conservatorship through the courts. Appointing a trusted person will ensure the respect of a loved one’s wishes and prevent undue influence. If they are capable, review existing estate plans and share feelings openly. If no plan exists, encourage your parents to contact an elder law attorney and discuss the need for a will, trust, or both. Understanding and helping loved ones with aging preparations should be a family priority, and open discussion can prevent undue influence.

If you believe a loved one may have been the victim of undue influence (or is currently being influenced) please give us a call. We would be happy to discuss your situation confidentially. Please don’t hesitate to contact us at 513-771-2444.

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.

Family Caregivers Who Thrive

How to Prepare for an Aging Parent’s Care

Undue Influence and Estate Planning

Alzheimer’s Factors to Be Aware Of

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