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Protect Your Elderly Parents from Financial Exploitation in Nursing Homes

A nursing home should take good care of your elderly parents, but occasionally, a poorly managed one will exploit the seniors in their care. Financial exploitation in nursing homes takes many forms, such as unauthorized withdrawals, hidden charges, overbearing financial control, and manipulation by caregivers. According to Nursing Homes Abuse, up to one in six elderly individuals in nursing homes suffered some form of abuse in 2022.

Can You Recognize Financial Exploitation?

Several red flags may indicate your elderly parent is being financially exploited:

  • Unexplained withdrawals or changes in bank accounts
  • New or added names on financial documents
  • Sudden changes in wills or financial documents
  • Missing funds or valuable possessions
  • Substandard care despite an adequate funding source
  • Reports of financial exploitation from the elderly person
  • Signs of fear or anxiety when discussing finances

What Steps Prevent Financial Exploitation?

Regularly reviewing financial documents is crucial in spotting early signs of exploitation. Monitor bank statements, credit card bills, and any changes in financial habits. Setting up alerts for large withdrawals or transfers can also help you stay informed. If possible, pay frequent visits to your parents. This will help you stay current on their living conditions and relationships with caregivers and may deter abusers.

Establishing a power of attorney can be smart, as it will vest a trusted family member or attorney with authority to manage parts of your elderly parent’s finances. However, your parents must understand the decision and choose someone they’re comfortable with.

Informing your parents about common scams and tactics financial abusers use can also help. Encourage them to be cautious about sharing financial information, report suspicious activity immediately, and remember they can contact you for help.

What If You Suspect Financial Exploitation?

If you suspect financial exploitation, start documenting any evidence. Keep a record of suspicious transactions, changes in financial documents, and any unusual behavior or comments from your elderly parents or caregivers. Contact Adult Protective Services (APS) or your local long-term care ombudsman to report suspected financial exploitation.

Another important step is to consult an elder law attorney. Someone with experience in the field can tailor advice to your unique situation, offer insight, and propose solutions. They can help you look into the situation and spot evidence if you suspect elder abuse.

Can Estate Planning Protect Elderly Parents?

Estate planning is not just about distributing assets after death; it’s also about protecting elderly loved ones during their lives. A comprehensive estate plan can establish safeguards to hinder financial exploitation in nursing homes.

An estate planning attorney can help create wills and trusts to protect assets. They can also assist you in establishing powers of attorney and other mechanisms to protect your elderly parents.

Estate Law Can Safeguard Your Elderly Parents

By the time your elderly parents suffer financial exploitation in a nursing home, it’s often impossible to recoup the damages. Be proactive and contact our law firm today to schedule a consultation. Our experienced estate planning attorneys can help you create a plan to detect and limit financial abuse.

Key Takeaways

  • Recognize Signs of Financial Abuse: Early detection can prevent further exploitation.
  • Proactive Monitoring: Regularly review financial statements and documents.
  • Legal Safeguards: Establish powers of attorney, trusts, and advance directives.
  • Stay Involved: Frequent visits and communication with your parents and their caregivers.
  • Report Suspicions Promptly: Engage with nursing home administration, ombudsman programs, and law enforcement when you suspect elder abuse.

Reference: Nursing Homes Abuse (Sep. 13, 2023) “Financial Abuse in Nursing Homes: Warning Signs & What to Do”

Am I Obligated to Pay My Deceased Parent’s Medical Debts?

Being responsible for your parent’s medical debt plus your medical expenses is a genuine worry for many Americans. A recent article from U.S. News & World Report starts with an unsettling title: “This Is Why You Might Be Responsible For Paying Your Parents’ Medical Debts.” A total of 25 states currently have “filial responsibility laws,” enacted to give adult children the responsibility to support parents who can’t provide for themselves.

The reality is more nuanced than the headline. Technically, you could be required to pay for some of your parents’ essential needs if they cannot. In Nevada, a law states that if there’s a written agreement to provide care, the child has control over and access to the parent’s assets or income, and the child can financially support the parents.

In most cases, certain triggering events must occur before the children need to pay their bills. For one, the parent must be found to be indigent. If parents receive nursing home care and cannot afford to pay for care until they qualify for Medicaid, the facility could sue the children.

Enforcement now rarely occurs. In Pennsylvania, a statute was proposed to prevent having family members support impoverished family members, including a person’s “child, spouse and parents.”

However, there’s more to the story. Adult children might get phone calls and letters from debt collectors if medical bills are unpaid. If a healthcare provider doesn’t receive payment and sells the debt to a third-party collection agency, the collection agency then owns the debt. It may turn to any viable source—typically, an adult child.

What can you do? Unless you co-signed or agreed to be a guarantor on bills for your parents, you are not liable for the debt. The collection agency will hope you don’t know this and press for payment. They may not be polite about it either. They cannot sue you or add the debt to your credit reports by law. They can be very aggressive. However, you have the law on your side. You don’t have to pay if you’re not legally responsible for the bill.

You’re also protected by the Fair Debt Collection Practices Act (FDCPA), which gives you the right not to talk with third-party debt collectors. Once you tell the person it’s not your debt and to stop contacting you, they are bound by the FDCPA to stop contacting you.

There are steps to prevent any accidental mingling of funds with parents. For starters, don’t co-sign debts, including loans, mortgages and credit cards. Read nursing home contracts thoroughly; some contracts may attempt to sign you up as a responsible party. Don’t sign anything you don’t understand—ask your estate planning attorney to review the contract first.

Plan by ensuring that your parents have wills, trusts and powers of attorney with medical directives. Talk with them about insurance policies and find out if they have created trusts to protect their assets. If they are relatively healthy, see if they are eligible for long-term care insurance.

Put a plan in place for the inevitabilities that occur in life. They may be spry today. However, aging is not always a kind or easy process. If it’s likely they will need your help, and you’re able to do so, build in some emergency funds for their needs. If parents have not put any estate planning into place, including planning for long-term care, talk with your estate planning attorney about how to help them get started.

Reference: U.S. News & World Report (June 28, 2024) “This Is Why You Might Be Responsible For Paying Your Parents’ Medical Debts”

How to Prepare for Cognitive Changes in Your Life

Planning for the cognitive decline that often accompanies aging can prevent expensive mistakes, says a recent article from U.S. News & World Report, “How to Minimize 4 Financial Management Disasters That Come With Aging.” Planning for cognitive decline can make our later years less stressful.

Age and Vulnerability to Financial Elder Abuse. Simple tasks like paying bills can become problematic as our cognitive abilities diminish. This also leaves people more susceptible to fraud and scammers—today’s thieves’ prey on the elderly through telephone, online, mail and in-person schemes. Add a layer of protection by having a trusted person or family member oversee accounts. A professional fiduciary or a bill-pay service could be used if no family member is available or trustworthy enough.

Freezing a senior’s credit with major credit bureaus can make it harder for thieves to steal their identity, take out loans, or open credit cards under their names.

Financial documents should be organized, and their location should be shared with loved ones. Your estate planning attorney, financial advisor and CPA should have the contact info of a trusted person who can step in to manage your affairs, if necessary. Your estate planning attorney can create a Financial Power of Attorney, so they can act on your behalf.

You can appoint a representative payee with the Social Security Administration, so another person can help you with Social Security matters.

The Death or Disability of the Family’s Financial Person. One person in the household very often runs the business side of life, paying bills, balancing checkbooks and keeping an eye on investments. If that person dies or becomes disabled, the spouse needs to be able to take over finances. To do this, they’ll need to know more than the usernames and passwords on accounts—although they’ll need to know this information as well. Regular check-ins on financial matters with a spouse and a trusted adult is a good practice.

Planning for Long-Term Care Expenses. Failing to prepare for the cost of long-term care or to protect a couple’s assets with Medicaid planning can be financially catastrophic. Medicaid can help with the cost of nursing home care. However, if the family has assets, they must be used up before the person is eligible for care. Medicaid also has a five-year lookback period, meaning any transfers or sales of assets taking place five years from the date of application will delay eligibility. An estate planning attorney can help with the use of irrevocable trusts, often referred to as Medicaid Asset Protection Trusts. There are also trusts designed to protect assets for the healthy spouse. A consultation with an estate planning attorney long before long-term care is needed is critical to avoiding this mistake.

Outliving Your Money. Experts believe nearly two-thirds of Americans nearing retirement age are unprepared for two, three, or even four decades of retirement. The past year’s skyrocketing costs of living have prevented many from adding to their savings during the end of their working lives, and many don’t even have emergency savings. Having a financial plan and an estate plan is important at every age and stage of life.

Cognitive changes don’t happen to everyone as they age. However, it is still wise to have your estate planning done long before any changes occur. Having a will and any necessary trusts created and executed while you are at full capacity allows you to be the one making these decisions.

Reference: U.S. News & World Report (June 26, 2024) “How to Minimize 4 Financial Management Disasters That Come With Aging”

How Elder Caregivers Take a Much-Needed Vacation

How Elder Caregivers Can Take a Vacation

Caring for an elderly parent can be a full-time job. Elder caregivers might dream about taking a vacation but feel unable to fulfill those dreams. The good news is that with a bit of planning and the right strategies, you can take a much-needed break without guilt or worry.

Why Is It Important for Caregivers to Take a Vacation?

Taking care of an elderly parent is physically and emotionally demanding. Without regular breaks, caregivers can experience burnout, stress and even health problems. This burden takes a toll on the elder caregiver and can result in care mistakes that also affect the elderly parents. A vacation offers a chance to recharge, relax and return with renewed energy to provide the best care possible.

Can You Find Coverage for Your Caregiving Duties while You’re Away?

According to Care, the first step in planning your vacation is finding someone to care for your parent temporarily. There are several options to consider:

Ask a Family Member or Friend

Family members or close friends can often step in to help. Care discusses how Carolyn Miller Parr, a family caregiver, asked her siblings to cover for her so she could take a trip. They enjoyed spending time with their parents and saw it as a mini vacation.

Similarly, Laurie from Boston asked her brother to extend his visit with their mother so she could enjoy a brief getaway. Although she only stayed at a local hotel, it was still a peaceful, rejuvenating experience.

Hire a Temporary Caregiver

If family and friends are not an option, consider hiring a temporary caregiver. Introduce them to your parent ahead of time to ensure that they are comfortable with each other. If you don’t have personal recommendations, try looking through an agency.

Look into Respite Care

Respite care is another excellent option. Many assisted living facilities offer short-term stays with professional care for elderly parents. While this is usually for the parent’s respite following an injury or hospital visit, it can also be for your respite. Research local facilities to find one that suits your needs.

How to Prepare a Temporary Caregiver?

Preparing the temporary caregiver is crucial for a smooth transition. Provide detailed instructions about your parent’s needs, from medications and meal preferences to daily routines and quirks. Laurie, who arranged for her brother to care for their mother, provided him with a comprehensive guide, including everything from medication schedules to household tips.

How Should You Handle Communication while Away?

Decide how you want to communicate with the temporary caregiver while on vacation. Some caregivers prefer daily updates, while others only want to be contacted in emergencies. Ensure that the caregiver has all the necessary information, including insurance details, medical records and emergency contacts.

How to Deal with Caregiver Guilt?

Feeling guilty about taking a vacation is common among caregivers. However, it is essential to remember that caring for yourself is crucial to being an effective caregiver. Overcoming guilt involves recognizing that you deserve a break and accepting that you can’t control everything.

Janet, from Homewood, Alabama, felt guilty about going on a pre-booked trip after her mother was diagnosed with cancer. However, she realized that worrying about worst-case scenarios was unproductive. By accepting her limitations, she was able to improve her well-being and better support her mother through hard times.

Start Planning Your Break

If you’re an elder caregiver who needs greater peace of mind, we can help. While our estate planning attorneys can’t plan your vacation, we can help you create a comprehensive plan for your elderly parents’ care and estate. Schedule a consultation with us and secure your peace of mind today.

Key Takeaways

  • Preventing caregiver burnout is a must: Taking a vacation helps prevent burnout and reduces stress, enabling caregivers to continue providing quality care.
  • Find a temporary care solution: Family, friends, temporary caregivers and respite care facilities can provide temporary coverage.
  • Make detailed preparations: Thorough preparation and clear communication ensure a smooth transition and peace of mind.
  • Care for yourself and your parents: A break allows caregivers to recharge. This is just better for them and those they care for.

Reference: Care.com (Mar. 2, 2024) “Yes, you can take a vacation — even if you’re caring for aging parents. Here’s how”

Why Consider Long-Term Care Insurance?

Planning for the future is essential to protecting your health and well-being. Your medical expenses grow as you age, and you’ll likely have to bear long-term care expenses. These costs can be too steep for many to bear, which is where long-term care insurance (LTCI) comes into play.

What Is Long-Term Care Insurance?

Long-term care insurance is coverage that helps pay for the cost of long-term care services, such as in-home care, assisted living, memory care and nursing home stays.

As we age, most people eventually need assistance with daily activities, like bathing or dressing. When we reach this point, long-term care is vital to maintaining our well-being and quality of life. However, federal health insurance programs often fall short, and then you have to pay from your savings. According to the National Council on Aging (NCOA), LTCI is invaluable to cover the costs of long-term care.

Why Is Long-Term Care Insurance Important?

As we age, the likelihood of needing assistance with daily activities increases. Whether you stay home or move into a care facility, the costs can add up quickly. Long-term care insurance helps cover these expenses, ensuring that you receive the necessary care without depleting your savings.

What Does Long-Term Care Insurance Cover?

Depending on your policy, long-term care insurance can cover various services, including:

  • Personal care
  • Adult day service centers
  • Assisted living facilities
  • Memory care facilities
  • Nursing homes
  • Respite care

These services ensure that you can maintain a good quality of life, even when you need day-to-day help.

How Do You Get Long-Term Care Insurance Benefits?

To receive benefits from your long-term care insurance, you need to file a claim with your insurance company. A nurse or social worker then evaluates your cognitive abilities and ability to perform daily activities. If you meet the criteria, your insurance company will approve a care plan and begin paying benefits after an elimination period. This period typically ranges from one to three months.

When Should You Get Long-Term Care Insurance?

It’s recommended that you purchase long-term care insurance between the ages of 50 and 65. The earlier you buy, the lower your premiums will be and the better your chances of qualifying for a policy. Waiting too long or having existing health issues may result in higher premiums or denial of coverage.

How Much Does Long-Term Care Insurance Cost?

The cost of long-term care insurance varies depending on several factors, including age, health, gender, marital status and the level of coverage.

For example, a healthy 55-year-old man might pay around $900 annually for a $165,000 policy. On the other hand, a healthy 55-year-old woman could pay about $1,500 for the same coverage due to women’s longer life expectancy and higher likelihood of needing long-term care services. These prices are only examples; you’ll need to look into LTCI personally for an accurate quote.

Where Can You Get Long-Term Care Insurance?

There are several options for obtaining long-term care insurance:

  • Insurance Agents and Brokers: Licensed professionals who can help you find and compare policies.
  • Employer Benefits: Some employers offer group long-term care insurance at lower rates.
  • Government Programs: Federal employees can access the Federal Long Term Care Insurance Program.
  • State Partnerships: Some states offer partnership programs with private insurers for additional benefits.
  • Life Insurance Policies: Some life insurance plans include long-term care coverage.

Find Out More about Long-Term Care Insurance

Planning for long-term care is an essential part of your estate planning. Long-term care insurance can protect your savings, ensure quality care and secure your peace of mind.  However, remember that once you need LTCI, it’s already too late.

Enrolling in a long-term care insurance plan sooner rather than later secures the coverage you need. If you’re unsure where to get started, you’re in the right place. Contact our office today to schedule a free consultation and find the right LTCI option for you.

Key Takeaways:

  • Financial Security: Long-term care insurance helps cover the high costs of long-term care services, protecting your savings and assets.
  • Secure Your Peace of Mind: LTCI provides assurance that you and your loved ones will receive necessary care without financial strain.
  • Timely Planning is Essential: Purchasing at a younger age can result in lower premiums and better chances of qualification.
  • Customized Plans: You can tailor your LTCI coverage to fit your individual needs and circumstances.

Reference: National Council on Aging (NCOA) (Apr. 30, 2024) “What Is Long-Term Care Insurance?”

Long-Term Care Planning and Timing Move to Assisted Living

A recent JAMA Internal Medicine study titled “The Natural History of Disability and Caregiving Before and After Long-Term Care Entry” examined the health and caregiving needs of assisted-living residents. Study results highlighted the median move-in age, the average level of care needed and likely long-term needs. This article expands on the research results to highlight how your assisted-living move-in impacts elder law in your estate planning and the strategies to consider.

How Does Timing Your Move to Assisted Living Influence Long-Term Care Planning?

The study indicates that the mean age for moving into assisted living is 85, and they are less likely to be severely disabled compared to those entering nursing homes. The research identified a critical period of one to two years during which the care needs of assisted living residents could escalate to levels seen in nursing home settings. This progression underscores the importance of upfront discussions and planning regarding long-term care strategies.

Despite relatively good initial health, over half of the new residents had dementia, highlighting the need for comprehensive planning to protect financial and personal well-being in the event of cognitive decline.

Legal Strategies for Assisted Living Planning

As the average entry age into assisted living is around 85, it is crucial to prepare for possible increases in care needs, including issues related to dementia or cognitive decline. Legal and financial strategies to consider with your elder law attorney include:

  • Living Trust: Living trusts are a three-party agreement between the creator, trustee and beneficiary. With well-written terms and instructions, these trusts can protect your assets and funds.
  • Irrevocable Trust: Irrevocable trusts transfer asset ownership to the trust and can help lower your estate’s value.
  • Powers of Attorney (POA): Durable POAs give legal authority to a trusted person to oversee financial and healthcare matters when you are incapacitated.
  • Advance Care Directives: These directives specify your preferences for medical care, including decisions about treatments and care facilities.

Elder law attorneys are vital in navigating the legal complexities associated with transitions to assisted living. They help draft critical documents like living wills and powers of attorney and ensure that your rights are protected throughout the process.

Conclusion

Deciding to move into an assisted living facility is a significant life choice that impacts quality of life and health care in later years. Consulting with elder law professionals helps families devise flexible plans that accommodate changing care needs, ensuring that legal and financial protections are in place for residents as they transition into and within senior living communities.

Key Takeaways:

  • Optimal Timing for Assisted Living: The average age for moving into assisted living is 85, with prior home care averaging 18 hours per week.
  • Evolving Care Needs: Health and independence levels can approach those of nursing home residents within one to two years, indicating possible changes in care needs.
  • Personalized Decision Making: The decision to move into assisted living varies greatly and should be based on individual health, care requirements and personal preferences.
  • Role of Early Long-Term Care Planning: Elder law attorneys are crucial for helping seniors with early long-term care planning that protects individual rights and assets before a move to assisted living is necessary.

Reference: JAMA Internal Medicine (Nov 6, 2023) “The Natural History of Disability and Caregiving Before and After Long-Term Care Entry”

Aging Well Priorities and the Need to Reauthorize the Older Americans Act

As we age, ensuring our well-being requires thorough planning and foresight. Aging well means maintaining your physical, emotional, social, and financial quality of life. While good estate planning is a must for aging well, benefits programs also help. The Older Americans Act is landmark legislation that has protected older adults’ well-being for decades.

What Is the Older Americans Act?

The Older Americans Act (OAA) provides vital services and support to older adults. Since it became law in 1965, it has funded programs such as:

  • Nutrition
  • Caregiver support
  • Community service employment

Congress reauthorized the act in 2020. Now, they can choose whether or not to reauthorize it again. According to the National Council on Aging (NCOA), reauthorizing this act is essential to support older adults’ well-being and meet their evolving needs.

How are Advocates Promoting Aging Well?

In May 2024, 200 advocates gathered on Capitol Hill to promote healthy aging. They emphasized the need to reauthorize the Older Americans Act and secure funding for various programs benefiting older adults. Their message was clear: healthy aging should be a right for all, not a privilege for a few.

What are the Key Priorities for Aging Well?

One advocate, Susan, shared her story during the Capitol Hill meetings. A retired teacher, Susan spoke passionately about the impact of community services funded by the OAA. After her husband passed away, she struggled with loneliness and health issues.

The local senior center became her lifeline. It provided meals, social activities, and health screenings. For Susan, these services were more than helpful; they were life-changing. Thanks to funding from the OAA, it was all possible.

Susan’s story underscores the importance of continuing these programs. Advocates push for the reauthorization of the Older Americans Act to ensure seniors like Susan have access to essential services that help them age well.

How Does Estate Planning Support Aging Well?

Estate planning is a crucial aspect of aging well. It involves making decisions about your assets, healthcare, and final wishes. By making these decisions, you support your well-being in various ways. These benefits and strategies include:

  • Healthcare directives: Provide for your healthcare needs through advance directives.
  • Relieve stress: You and your family can rest easily knowing you have a clear end-of-life plan.
  • Fund management: A well-planned budget incorporating benefits and your assets can provide comfort into your later years.

Why Should You Plan Ahead?

Planning allows you to maintain control over your future. It can also relieve your loved ones from making difficult decisions during emotional times. Working with an estate planning attorney can create a comprehensive plan tailored to your needs. You can start planning by taking the following steps:

  • Assess Your Assets: List your assets, including property, savings, and investments.
  • Consider Your Healthcare Wishes: Consider what kind of medical care you want if you cannot make decisions.
  • Choose a Trusted Representative: Select someone to make decisions on your behalf if you cannot do so.
  • Consult with an Attorney: An estate planning attorney can help you navigate the complexities of wills, trusts, and advance directives.

Plan for Peace of Mind

Aging well involves proactive planning and ensuring access to essential services. We can continue supporting older adults’ well-being by advocating for Congress’ reauthorization of the Older Americans Act. If you’re ready to take control of your future and start planning, contact us today to learn more about how we can help you with estate planning and ensure you age well.

Key Takeaways

  • Aging Well: Maintaining health, independence, and quality of life is crucial for older adults.
  • Older Americans Act: This act funds essential services for older adults, including nutrition, caregiver support, and community programs.
  • Advocacy Efforts: Advocates are pushing to reauthorize the Older Americans Act to continue supporting these vital programs.
  • Estate Planning: Proper estate planning helps secure your future and ensure your wishes are respected.
  • Action Steps: Assess your assets, consider healthcare wishes, choose a trusted representative, and consult an estate planning attorney.

Reference: NCOA (National Council on Aging) (May 15, 2024) “Hill Day 2024: Advocates Take Aging Well Message to Lawmakers”

Legal Planning can Help Prevent Elder Abuse

In a recent case reported by FOX43, an 86-year-old father fell victim to elder abuse at the hands of his own son. According to the report, the son stole $153,168 from his father. This story is a painful reminder of how even trusted individuals can exploit the vulnerability of our elderly loved ones. Likewise, it reminds us to be vigilant of elder abuse to prevent these heartbreaking situations.

What Is Elder Abuse, and Why Is It a Growing Concern?

Elder abuse is a serious issue that affects many older adults. It includes physical, emotional, and financial harm, and the perpetrators are often trusted individuals. Many elderly people rely on others for their daily needs, making them vulnerable to abuse.

To make matters worse, elder abuse is becoming more common as the elderly population grows. The National Council on Aging (NCOA) states that one in ten Americans aged 60 and older has experienced some form of elder abuse.

How can Legal Planning Protect Elders with POAS?

Legal planning can help protect an elderly person’s wishes and their assets. Elder law attorneys can assist in creating essential documents like wills, trusts, and powers of attorney. These documents guide the management of an elderly person’s assets and who will make decisions on their behalf.

A power of attorney (POA) is especially important. It’s a legal document that allows someone to make decisions for another person. If an elderly individual cannot make decisions for themselves, a POA is vital. A trustworthy person holding power of attorney can prevent financial abuse and protect the elderly person’s needs.

What are the Warning Signs of Elder Abuse?

Recognizing the signs of elder abuse is crucial for prevention. Some common warning signs include:

  • Unexplained injuries or bruises
  • Sudden changes in financial situation
  • Withdrawal from normal activities
  • Poor hygiene or living conditions
  • Fear or anxiety around certain individuals

What Steps can Be Taken to Prevent Elder Abuse?

  • Regular Check-Ins: Regularly check in on your elderly loved ones. Frequent visits or phone calls can help you notice any changes in their behavior or living conditions.
  • Educate Yourself: Learn about the signs of elder abuse and stay informed about how to protect your loved ones.
  • Legal Safeguards: Work with an elder law attorney to create legal documents that protect the elderly person’s assets and outline their care preferences.

How can Elder Law Help Protect Seniors?

Elder law encompasses various legal issues affecting older adults. These include estate planning, healthcare, and guardianship. An elder law attorney can help create a comprehensive plan to protect the elderly individual and their assets. Some strategies include setting up trusts to manage assets, appointing guardians or conservators, and drafting advance healthcare directives.

Take your first step toward securing a comprehensive estate plan; schedule a consultation today.

Key Takeaways

  • Elder Abuse Awareness: Stay alert to warning signs of elder abuse. Sudden financial changes, unexplained injuries, and strange behaviors are potential warning signs.
  • Importance of Legal Planning: Elder law can protect your loved ones. Leverage legal tools like powers of attorney and trusts.
  • Role of Estate Planning: Estate planning isn’t just for distributing assets after someone dies. Instead, it can protect them during their lifetime.
  • Consult an Elder Law Attorney: Aging well can be a challenge. Professional legal advice can make it safer and easier.

References:  FOX43 (Oct. 22, 2018) “Son charged for stealing $153,168 from 86-year-old father, officials talk elder abuse warning signs | fox43.com”

NCOA (National Council on Aging) (Feb. 23, 2021) “Get the Facts on Elder Abuse”

Caregiving and Estate Planning Provides Peace of Mind for All Generations

If your goal is to keep the farm, ranch, or small business in the family, planning, including estate planning and caregiving, is the number one strategy to making it happen. Families may dissolve the farm or business without advance planning to pay for long-term care expenses. A recent article from AgWeek, “Caregiving plans can provide peace of mind for farming and ranching families,” explains what needs to be done.

Part of the issue is that most ranchers and business owners won’t qualify for Medicaid because they own a significant asset. Having to sell off something they’ve worked their entire lives to build is often a result of no planning.

If you have a long-term care insurance policy, it needs to be carefully reviewed to determine what conditions need to be met for benefits to be paid. For example, most policies have a “waiting period,” so you’ll need to plan how to pay for caregiving during the months before the policy kicks in.

There’s also confusion about the difference between Medicare and Medicaid. Medicare is health insurance for medical expenses, while Medicaid is usually used for long-term care and caregiving needs. However, Medicaid is a needs-based program. An estate planning attorney can help the family determine what needs to happen in advance, whether the goal is to protect the farm, ranch, or small business while helping the aging parent become eligible for Medicaid.

Estate planning includes planning for incapacity, which can occur at any time but is more likely as we age. Suppose the individual hasn’t completed a power of attorney, healthcare power of attorney, and other medical directives. In that case, the family will need to go to court to obtain conservatorship or guardianship to take over the person’s financial matters and make healthcare decisions on their behalf. An estate planning attorney can help the family prepare the documents and create a plan.

Having an estate plan in place is also another means of protecting the family’s assets from elder abuse. Everything needs to be documented, and records need to be well-organized so every family member knows where documents are, where assets are and the plan for the inevitable events of aging.

Meeting with an estate planning attorney to create the last will and testament, power of attorney and all other planning documents can minimize the stress and costs involved. Without planning, everything becomes far more complicated, costly and stressful for all concerned.

Reference: AgWeek (May 14, 2024) “Caregiving plans can provide peace of mind for farming and ranching families”

What Do You Do If Elderly Family Member Is Being Financially Abused?

Financial elder abuse is when a family member, caregiver, or another individual illegally or improperly uses an elderly person’s assets for their own personal gain without the knowledge or understanding of the elderly person. A recent article from The Sun Times News, “Elder Financial Abuse Can Be A Family Affair,” notes the coming “Great Wealth Transfer” of Baby Boomer assets could lead to a dramatic increase in elder financial abuse.

Even minor memory loss can be exploited by scammers and, sadly, family members. With nearly seven million Americans having moderate cognitive issues, the possibility of financial abuse is growing. Boomers live longer than any previous generation, translating into huge healthcare costs in post-retirement years. At the same time, their children and grandchildren face challenges, including student debt and high homebuying costs. The combination of these issues isn’t pretty.

A contributing factor is the increased misinformation about Medicaid, wills, trusts, guardianship and power of attorney. When seniors make their wishes known and formalize them through an estate plan and trusts to protect their assets, the chances of them becoming victims of exploitation can be minimized.

In many cases, isolation leads to vulnerability. One woman allowed her son’s ex-wife to move into her Colorado home to live with her elderly mother. The ex-wife fell victim to scammers herself and convinced the elderly mother to send two checks totaling $70,000 to two scammers, one claiming to be running a children’s mission in Nigeria and another rescuing animals in Malaysia. The elderly woman’s bank didn’t question the large checks, which it should have. The ex-wife also forged checks worth more than $10,000 on the elderly woman’s account. The promised caregiving never happened, and while the woman was arrested and prosecuted, the family will never recover the money as the ex-wife is unemployable—she was a bookkeeper.

The National Center on Elder Abuse suggests only one in 24 cases of elder abuse is reported to authorities. If abuse of any kind is suspected, it should be reported immediately to the police in the jurisdiction where the senior lives. Financial statements, bank statements, credit card bills, canceled checks and evidence must be provided. Even if you don’t have evidence, suspected abuse should be reported.

Families can be torn apart when heirs battle over inheritances. Two means of prevention are creating an estate plan by an experienced estate planning attorney, with trusted family members or professionals to serve as Power of Attorney and executor. The second is to maintain ongoing contact with the senior, if possible, in person and, if not, via phone calls, video calls and visits. The more involved you are with an aging person’s life, the better your chances of uncovering or preventing financial elder abuse.

Reference: The Sun Times News (May 8, 2024) “Elder Financial Abuse Can Be A Family Affair”

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