Elder Law

A Legal Representative Is Vital to Carry Out Your Final Wishes

September 13, 2021Filed Under: Elder Law, Estate Planning

As we have learned through the coronavirus pandemic, life is precious and unpredictable. Too many aging Americans found themselves with a life-threatening COVID-19 illness in 2020 without legal documents naming trusted love ones to make decisions for their well-being while they were incapacitated. Family caregivers are generally given the task of some medical and financial coordination on your behalf, and they will operate on your behalf most effectively with documents that afford them legal authority.

Without these important documents appointing them as legal representatives, they will wind up in the court system trying to sort things out to act on your behalf. Decisions will be up to your state’s proxy, conservatorship, and guardianship laws, and you may have a court-appointed representative instead of someone you prefer. Even young and healthy individuals need to identify their legal representatives. Unexpected accidents and illnesses do not discriminate by age.

An elder law or estate planning attorney can explain about naming executors and trustees and health care surrogates and power of attorney agents for your state. Each of these roles constitutes a type of caregiving, and while your attorney can advise you, the final decision is up to you as the client. Careful selection of representatives is crucial as they will have control over the medical care you receive, your property and assets, and even where you live and how you spend your time.

One person does not have to fulfill all roles. A sister might be very responsible with money, while a brother might be more of a day-to-day caregiver. The individuals appointed can change in time as a good choice today might not be in ten years. Choose your representation with current circumstances in mind and update your documents as life goes on and things change. Some of the most important attributes for all representatives to have are trustworthiness, responsible behavior, and a willingness to be ready and able to serve.

Your agent or attorney-in-fact, if you are married, is often your spouse. If not a spouse, it is useful to choose someone nearby and discuss your decision with the family to avoid potential conflicts or hurt feelings. If you have a living trust, name your trustee and if you need an institutional representative, name the person, not a bank. When your agent starts, their role is dependent on what type of power of attorney you choose. An attorney can explain the differences between the five types of attorney-in-fact:

general power of attorney
durable and nondurable power of attorney
medical power of attorney
limited (special) power of attorney
springing power of attorney

Whichever type, your agent will have a tremendous amount of power over either your well-being, property, and assets. It is often best to distribute the power of attorneys amongst competent, trusted family members or friends. This approach does not bog down one individual with an overwhelming number of tasks. By law, your agent will have a “fiduciary standard” to adhere to as they must act in your best interest or potentially be held civilly or criminally liable. Encourage the use of professional guidance to carry out their duties successfully.

Your executor, as named in your will, will administer your estate after you die. The purpose is to take an inventory of your estate assets, retain an attorney, pay your final taxes, and any creditors with a valid claim. If you set up a trust, your trustee can act on your behalf if you are alive, after you die, or both. The trustee controls your assets according to the terms and conditions as put forth in the trust. When appointing a trustee, identify someone dependable and trustworthy, good with money, and efficient as they will adhere to the same fiduciary standards as your powers of attorneys.

Don’t overlook naming a neutral professional if you feel you do not have good choices within your friendship or family circles to handle these important roles. You can select a caregiver advocate, accountant or attorney, someone within a financial institution or trust organization to fill these roles. These individuals are a solid alternative as they will operate with a high degree of competence and professionalism. These representatives will earn a fee for their services, but the higher cost can ensure your interests remain protected and your wishes followed. A professional appointee can also reduce family tension and possible litigation in contentious family situations.

Whoever you choose for these important roles, talk through your expectations and wishes with them about assuming this great responsibility. Transparency in discussions and instructions about your finances and wishes provides a road map that can ease a caregiver or representative’s stress. An estate planning or elder law attorney can guide you through the processes of identifying the right people for the right roles and create legal documents that reflect your decisions. Your care will go more smoothly and as you wish with representation properly in place, acting on your behalf during a medical crisis.

We would be happy to work with you to create an estate plan that follows your wishes, including the naming of important legal representatives. If you’d like to discuss your particular situation, please don’t hesitate to reach out. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

How Pandemics Reinforce Lessons on Senior Loneliness

July 12, 2021Filed Under: Elder Law

It’s no surprise that growing older can be a challenge and not the pleasant experience seniors once envisioned. Diabetes, high blood pressure, obesity, heart conditions, and pulmonary problems are common hurdles to overcome or manage. Apart from these well-known health issues growing evidence points to the powerful negative effects that loneliness plays in the life of senior well-being. Sadly, millions of American adults live their lives devoid of meaningful social connections, and the problem is so big, experts are declaring “loneliness a bigger health epidemic than obesity.”

Understanding the Rise of Loneliness for Seniors

According to nxtgencare.com, statistics show older adults living in loneliness are 45 percent more like to die sooner and have a 59 percent greater risk of a decline in health comparative to their socially engaged counterparts. While loneliness can have negative consequences at any age, older adults can suffer serious detrimental health consequences that can shorten their lifespan, and loneliness is rampant during the age of coronavirus isolation of seniors. Even the Centers for Disease Control and Prevention (CDC), in conjunction with the Centers for Medicare and Medicaid (CMS), amended guidelines for nursing home visitation in March of 2021, noting the toll that isolation through separation has on nursing home residents and loved family members and friends. The need to experience physical contact is universal for mental, emotional, and physical well-being.

There are simple steps to take to combat the feelings of loneliness, especially among the elderly. It begins with the brain, which is highly responsive to “exercise,” much the same as a muscle in the body. The more the brain receives training and exercise, the stronger and healthier it becomes. It is possible to retrain and rewire neural pathways and processes which release positive chemicals in our brains. A similar phenomenon occurs when seniors participate in socially meaningful ways.

How Social Engagement Can Positively Impact Seniors

Meaningful social engagement offers a wealth of positive biochemical benefits, more so than many novel drug interventions. Meaningful social engagement, combined with other aspects of healthy living, can prevent and protect our brains from some of the more common challenges of growing old. The concept is simple, put yourself in social settings regularly such as:

Share tea, coffee, or a meal with friends
Small groups in conversation are more brain-stimulating than a one on one chat
Look for opportunities to meet new people
Join a class and learn something new
Attend a yoga, Thai Chi, or meditation class
Make your way back to in-person religious services

Positive thinking can help you retrain your brain and banish negatives thoughts because as we think, we feel. Feelings of hopelessness and dwelling on pessimistic thoughts can lead to cycles of negativity. Instead of seeing the downside of a social event, think that you might meet someone new and interesting. Rather than focus on a night of poor sleep, practice calming breathing exercises. Implement the 4-7-8 breathing technique before sleep and if you don’t know what it is, read all about it here. If it is raining outside, think of the value it will bring to the living world outside, like trees, flowers, and how it will help to refresh the air you breathe.

Learn new things as it engages different parts of your brain. You can learn a new language or polish up your skills in a foreign language you already know using the free app Duolingo or pay a nominal fee for Babbel. Try a dancing lesson if your balance is strong enough, play chess, or try a new recipe. Even something as simple as brushing your hair and teeth with the opposite hand can help activate your brain, and that activity negates the effects of loneliness.

Physical activity moves more than just your body; it “moves your brain” too. Endorphins, or the “feel-good” chemical in our brain, become active with muscle movement and reduce feelings of loneliness. Ideally, just thirty minutes a day of physical activity, twenty of it consecutively, is all your body needs for these powerful, positive chemicals to be released. Walking, balancing exercises, chair stretches, even a recumbent bike will provide enough stimulation to promote a happier you.

Maintaining mental health is not only recognizing and treating mental illnesses like anxiety and depression. Many of the suggestions above also help promote mental wellness. Mental well-being can also mean disconnecting from a 24/7 news cycle and online distractions and finding some peace in simplicity.

While there are many techniques to employ that combat loneliness and depression, these feelings can also be real illnesses. Neither depression nor anxiety is a normal part of aging. If you cannot break the negative thought cycles in your brain, it is important to speak to a health professional for more intensive therapy. However, for many aging Americans, simple shifts in daily living habits and attitudes can create monumental changes in mental health wellness and diminish feelings of loneliness. The world is slowly emerging from the grip of the coronavirus pandemic and the isolation it imposes. Now is a great time to implement new strategies to combat loneliness and live a happier and healthier life. We are only human after all, and life is meant to be shared.

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

Caring for Your Parent from Far Away

June 7, 2021Filed Under: Elder Law, Estate Planning

The National Institute on Aging (NIA) defines long distance caregiving as providing care for a person who lives an hour or more away. This type of caregiving takes many forms – from arranging for in-home care, money management, bill paying, and information coordinator. You may also provide respite care for a primary caregiver, conduct safety reviews, create emergency plans, or any combination of these tasks. Legal publisher Nolo cites more than seven million adults in the US acting as long-distance caregivers for elderly parents or relatives.

The greatest success in long distance caregiving happens when there is a foundation of planning and preparation. If there is a primary caregiver for your parent, ask how you can be most useful. Also, talk to friends who provide care to see if they have helpful suggestions. You will need to identify local resources that can help provide care for your parent. Local providers can include Meals-on-Wheels, senior centers, elder transportation, and more. The National Institute on Aging offers several good websites to use as a starting point. It is best to visit your parent before planning to assess their current living situation, identify their health issues, and gather important information.

Things to consider as you go through each room of the home, the garage, and the yard include

Safety – Is there anything that poses a safety problem in the location? Poor lighting, area rugs, clutter, or whatever else might stop your senior from moving safely around the space should be removed or improved.
Accessibility – Are things accessible to the senior? Are they within easy reach? Are switches, doors, plugs, and cabinets readily at hand to perform the room’s desired or necessary tasks?
Adaptability – Are there ways to adapt things in the room to provide greater accessibility, safety, or ease of use? Will brighter lights or additional railings, grab bars, and even a stairlift help your parent?

Check to see if your loved one is taking proper care of themselves including

Home care – Is their living space clean? Is food properly stored and the kitchen clean? Is there any clutter posing a safety hazard?
Food – Can you parent prepare themselves a nutritious meal? Are the pantry and refrigerator stocked with good food that is not out of date? Are they drinking enough water? If they have a pet, do they properly provide them water, food, and outdoor activity?
Medical care – Is your loved one taking all of their medications in the right dosages and at the right time? Can they fill their prescriptions at the drug store? Are they able to transport themselves to doctor appointments and labs for blood workups? Do they calendar, remember, and go to their doctor appointments? If they have a pet, do they take them to see a veterinarian for routine examination?
Finances – Are there stacks of unopened mail around the house? Are bills left lying around? These warning signs are a good time to take over their bill payment or set them up on auto payments through their bank.
Driving ability – If your parent is still operating a car, truck, even a golf cart, are they doing so safely? If you find increasing numbers of traffic tickets or warning violations, they frequently become lost or experience fender benders while parking, or easily become nervous, angry, or frustrated while driving; it may be time for your parent to hang up the keys.
Lifestyle – Does your parent drink alcohol to excess? Do they smoke? Do they participate in medical or recreational marijuana? These activities can cause negative interactions with medications, create mental confusion, and increase the risk of falling.

Gather contact information for neighbors, friends, clergy, or anyone your parent is in contact with regularly. While these relationships are informal, these are people you can rely on to help out in an emergency. Review medical care records, remembering to get doctors’ names, emails, and phone numbers. Include medical insurance information, medications, and other important data on a comprehensive list. Update the list quarterly or anytime you know there is a change. Does your parent live in a “smart home?” Learn the passwords and interact with the audio-video and health monitoring functions to watch for potential problems and communicate with them.

At a bare minimum, know where your parents store their financial information. If it is online, request the passwords. Suppose you need to manage their money remotely. In that case, you will need details about income sources, checking and savings accounts, monthly bills and expenses, social security benefits and other government assistance programs, and investment accounts. Contact information should include accountants, tax preparers, or other people who know about your loved one’s finances.

Get copies of relevant legal documents and know where your parent keeps the originals, including wills, house deeds, and advance health care directives. If your parent has an attorney, get their contact information and introduce yourself to them. If you parent needs an attorney we would be happy to set up a meeting.

Once you conclude your initial assessment, regularly speak with your parents and visit as much as you are able. Build your network of local contacts and coordinate with them to assess changes. Know that your plan is going to change often. Even if your parents can remain in their home, they will require more services and care as they age, and you will need to be responsive to these changes. There is no one solution for every living situation. Begin with a solid assessment of your parent’s current needs and prepare and plan with that information as your starting point.

We help seniors plan for the possibility of needing long term care, and we ensure the proper legal documents are in place so that their wishes regarding their finances and their care will be carried out. If you or your parents would like to discuss the possibility of long term care and how to access financial resources to pay for that care, we would be happy to speak with you. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

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.