PARKINSON'S AND ME

Just a few weeks ago, I found out that a dear loved one, who is in her 60s, has Parkinson’s Disease. So it is not without irony that I was reminded April was Parkinson’s Awareness Month.

For many years, I have had the distinct privilege of educating Parkinson’s patients and their families on the need to plan and protect against the financial and social devastations of the disease. 

Parkinson's disease is a progressive neurological disorder. Symptoms differ greatly from person to person, so much so that there's no predicting for sure which a patient will experience or how quickly. No cure exists yet, but medications can give a patient substantial symptom relief and a good quality of life for many years, sometimes a decade or more. When drugs aren't enough, brain surgery may be an option.

Parkinson's disease gradually impairs the ability to move, walk, talk, and swallow. It typically develops when patients are in their 50s or 60s, but in roughly 8 percent of cases it strikes before age 40.

For some people, the condition can be severely debilitating in the long term; others are able to function relatively well even after 25 years of living with the disease.

Parkinson’s stems from gradual destruction of certain nerve cells that produce a key chemical known as dopamine. Dopamine helps relay messages within the brain, in the centers that orchestrate muscle movements of the body, to ensure smooth, coordinated motions. Without that signal, muscles can't respond properly.

Some early symptoms of Parkinson’s include:

• Shakiness, from a tremor in a hand, arm, or leg to the jaw or face when the patient isn't actively moving.
• Stiffness or rigidity of the arms, legs, and torso.
• Slowness of movements.
• Small, cramped handwriting.
• A stooped posture.
• Less arm-swinging than before while walking.
• A blank, "masklike" facial expression, also called a “flat affect”.

WARNING:  Parkinson’s Disease is often misdiagnosed, so believe up to 20% of the time.

As a progressive disease, it is imperative that families prepare for the inevitable incapacities that may come with the disease. The following links provide more details:

- http://www.caring.com/articles/parkinsons-motor-symptoms#ixzz1JABRiP00

- http://www.caring.com/articles/what-is-parkinsons?utm_medium=email&utm_source=suggests&utm_campaign=park&utm_content=20110405)

To learn more about this and other topics, as well as the Elder Care services that we provide under

“The Elder Law Umbrella”, call The Law Offices of Alice Reiter Feld and Associates
at 954.726.6602 or visit www.florida-elderlaw.com

And additional links that offer other useful information FREE, brought to you by The Law Offices of Alice Reiter Feld and Associates:
http://www.southfloridamemorylawyer.com/
www.medicaidcrisislawyers.com/reiterfeld

www.learnvabenefits.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld

What is the purpose of a Special Needs Trust?

While you can certainly bequest money and assts to those with special needs, such a bequest may prevent them from qualifying for essential benefits under the Supplemental Security Income (SSI) and Medicaid programs. However, public monetary benefits provide only for the bare necessities such as food, housing and clothing. As you can imagine, these limited benefits will not provide those loved ones with the resources that would allow them to enjoy a richer quality of life. But if parents leave any assets to their child who is receiving public benefits, they run the risk of disqualifying the child from receiving them. Fortunately, the government has established rules allowing assets to be held in a trust, called a “Special Needs” or “Supplemental Needs” Trust for the benefits of a recipient of SSI or Medicaid, as long as certain requirements are met.

When should a Special Needs Trust be established?

• Generally, a Special Needs Trust should be established no later than the beneficiary’s 65^th birthday. If you have a disabled or chronically ill beneficiary, you may want to consider establishing the Special Needs Trust at an early age. One benefit of having the Trust in place is that if the disabled beneficiary becomes the recipient of funds such as gifts, bequests or a settlement from a lawsuit they can immediately be transferred to the Special Needs Trust without affecting that individual’s eligibility for government benefits.

Who can establish a Special Needs Trust?

• While Special Needs Trusts are typically established by parents for their disabled children, any third party can establish a Special Needs Trust for the benefit of the beneficiary. It is important to seek the assistance of competent counsel when creating a Special Needs Trust. Indeed, a poorly drafted Trust can easily be subject to “invasion” by the government agencies who provide benefits. Our law firm has the experience and the expertise to establish effective Special Needs Trusts for anyone who wishes to provide for a disabled beneficiary.

Our family is wealthy. Do we still needs to create a Special Needs Trust?

• Yes, you should still establish a Special Needs Trust to protect your disabled beneficiaries from potential creditors. For example, if your disabled beneficiaries are ever sued in a personal injury action, the assets in the trust would not be available to the plaintiffs. Furthermore, because the funds in the Special Needs Trust are not countable as available assets for purposes of determining expenditures that will allow your disabled beneficiary to enjoy a higher quality of life. Otherwise, much of your assets will be used to pay for private care benefits that are extremely expensive and can drain even significant sums of money over a period of years.

To learn more about Special Needs Trusts, other topics and the Elder Care services that we provide under the Elder Law Umbrella, call The Law Offices of Alice Reiter Feld and Associates
at 954.726.6602 or visit www.florida-elderlaw.com

And additional links that offer other useful information FREE, brought to you by The Law Offices of Alice Reiter Feld and Associates:

http://www.southfloridamemorylawyer.com/

www.medicaidcrisislawyers.com/reiterfeld

www.learnvabenefits.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld

A Very Uncivil War

April 12^th marks the 150^th anniversary of the start of the Civil War. I’ve been a student of the civil war since I got hooked on “Gone With the Wind” at age 13.  

Did you know that this war is often called the second American Revolution and that it changed our government from “these United States” to “the United States?

At the 100^th anniversary, our country was in the middle of a civil rights crisis.  Now, 50 years later, we can perhaps for the first time, look again at the Civil War through mature eyes, and what we were taught in grade school about what this war was really all about.

You may be asking, “What does this have to do with Elder Law?”  The answer is nothing!  I just wanted to share a side of myself that you may not have known about.  

I would love to hear your thoughts and comments, since there are not too many people in my life who want to discuss the Civil War!

P.S.  OK, I can’t resist….When it comes to planning for long term care needs and estate planning DO NOT adopt Scarlett O’Hara’s mantra, “I won’t think about this today, I’ll think about it tomorrow.”

Larry King Special: A Must See for Folks Contending with a Loved One with Alzheimer's

As many of you know, our firm specializes in supporting caregivers to Alzheimer's patients, whether a loved one, friend or professional caregiver. We have made a significant moral, emotional and financial investment in acquiring the BEST possible resources, assembled them in a convenient, online resource center and offer them to you completely FREE of charge at: www.southfloridamemorylawyer.com

 PLEASE MAKE A NOTE TO VIEW THIS EPISODE OF LARRY KING: His Special “Unthinkable: the Alzheimer’s Epidemic” airs May 1, 8pm ET   It’s being called the disease of the 21^st century as an estimated 5.4 million people have been diagnosed with Alzheimer’s. It is the sixth-leading cause of death across all ages in the United States, but many Americans still do not know much about this illness. The one-hour special will look into Alzheimer’s disease, who gets it and why, the race to find effective treatments and a possible cure.

Please be sure and come back to us with your comments after the show!