Just When You Thought It Was All Worked Out...

Being a caregiver is trying... just when you think you have everything worked out, your loved one has a change in status that turns the world upside down again.  Maybe they had a stroke, or are not getting along with another patient in the facility, or they just need more assistance than they used to.  The prospect of having to make all those changes, constantly, can be overwhelming!

I’m here to help you not to lose heart, even though there are some disturbing truths about dementia.  The very reason this disease is referred to as a “journey” is because it continues to change.  Your loved one’s brain is degenerating, and she is only going to get worse – not better.  Often, both the blessing and the curse is that the disease progresses slowly. Unfortunately, one can’t put out a sign that says “Already have one illness, can’t get another – sorry, my scorecard is full!”  There will be changes in this process and there is little choice except to forge ahead, but with assistance.

The 5th Absolute for Caregiver Decision Making is: Never Stop, Instead Progress.  Your role as caregiver is one of the most difficult you will face in this life, and there will be times when you feel like you just can’t take any more.  Before you get to this point, you must request and accept assistance - and there are many ways to find it.

Ask for assistance from the people at your loved one’s senior citizen complex - they will provide you with resources for your next steps.  When you are feeling overwhelmed and trying to figure everything out on your own, it is sometimes difficult to admit you may not know the best path to take, or even what questions to ask.  Make a copy of this and hand it to the person at the senior center, amd they will provide resources in your community – they do it every day, they care, and they want what’s best for you and your loved one.

Until next time,
Alice

Alice Reiter Feld, Esq., PA, CELA,
Board Certified Elder Law Attorney
Law Offices of Alice Reiter Feld, PA
5701 N. Pine Island Rd.
Suite 260
Tamarac, FL 33321
(954) 644-7270
areiterfeld@senioradvocates.net
www.florida-elderlaw.com

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Administrative/Office Assistant

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Administrative/Office Assistant

Excellent Job Opportunity: Professional Phone and Customer Service/Receptionist

My
Law Firm in West Broward is seeking a special "people" person for a unique position. Part time and full time will be considered.

This is not a typical receptionist position. APPLICANT MUST HAVE EXCELLENT PHONE BASED CUSTOMER SERVICE AND COMMUNICATION SKILLS.

The position entails heavy phones, assisting clients, directing calls to the proper personnel, appointment setting, followup and taking initial intake information in a structured manner for which you will be trained.

Able to follow written office procedures but also use initiative and common sense.

Position also includes basic office duties and requires candidate to be proficient in all Microsoft Office applications and internet.

Candidate must be well spoken, independent, energetic, able to resolve client issues, work in a fast paced environment and have customer service experience. Sales and/or marketing experience a plus.

Position requires in house training. Please apply only if you are looking for a long term position.

Part time or full time considered.

Please respond with the following. NO application will be considered without all of the information requested

• A 250 word paragraph as to why you would be good for this position
• Reference from a previous employer
• Salary requirement or salary on last job

 

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Professional Phone and Customer Service/Receptionist

South Florida Elder Law Attorney Blog: Excellent Job Opportunity: Professional Phone and Customer Service/Receptionist

Excellent Job Opportunity: Administrative/Office Assistant

Office assistant/receptionist needed for my Tamarac law office. We are two attorneys with staff of 6/7. The position is for a receptionist but requires much more than just answering phones and greeting clients. This position requires intelligence, patience and common sense. Our clients are senior citizens and their families, often in time of crisis.

Position also includes the following: opening and closing files, calendar management, appointment setting , order supplies, copying, faxing, scanning.

Must have office experience. Legal experience helpful but not essential. MUST HAVE EXCELLENT COMPUTER SKILLS and be very comfortable with the computer including all Microsoft Word applications and the internet. Must be very organized, able to follow office procedures and use initiative, able to multitask, have great attitude and work as a team player. Good on phones, hardworking, reliable, quick learner. Please apply only if this job sounds like something just for you.

Part time or full time considered.

Please respond with the following. NO application will be considered without all of the information requested

• A 250 word paragraph as to why you would be good for this position
• Reference from a previous employer
• Salary requirement or salary on last job.

South Florida Elder Law Attorney Blog: Will Your Loved One's Decisions Be Made By A Stranger?

South Florida Elder Law Attorney Blog: Will Your Loved One's Decisions Be Made By A Stranger?

Will Your Loved One's Decisions Be Made By A Stranger?

I always try to emphasize the importance of planning ahead... you and your family want to be prepared in case something should happen to you.  A “guardianship” is a situation that some families find themselves in... and it means that your loved one’s healthcare and financial decisions may be made by a perfect stranger, appointed by the courts.  So, what is the difference between a power of attorney and a guardianship?

A power of attorney is a legal document where one person (the principal) authorizes another  person (the agent) to act on his or her behalf, either for health care decisions or for financial decisions. (Remember - new laws on powers of attorney start in October!)

Guardianship over the person is a legal relationship whereby a court gives a person (the guardian) the power to make personal decisions for another (the ward). A family member or friend initiates the proceedings by filing a petition in the circuit court in the county where the individual resides. A medical examination by 3 licensed medical professionals is necessary to establish the individual’s condition. A court of law then determines whether the individual is unable to meet the essential requirements for his or her health and safety. If so, the court appoints a guardian to make personal decisions for the individual. Unless limited by the court, the guardian has the same rights, powers and duties over his ward as parents have over their minor children. The guardian is required to report to the court annually.

A guardianship is a legal relationship whereby a court gives a person (the guardian) the power to make financial decisions for another (the protectee). The court of law determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a guardian to make financial decisions for the individual. Often the court appoints the same person to act as both guardian of the person.

Powers of attorney for health care and property/financial decisions are relatively low cost and private ways to decide which family member or trusted friend will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. If you do not have power of attorney, or if your powers of attorney are not drafted properly and something happens that results in your inability to make decisions, your loved ones may later face court proceedings and court-supervised guardianships. A court proceeding is not only costly, but the person appointed as your guardian may not be the person whom you would have chosen yourself.

Don’t let this happen to you or your loved one... put the right documents in place now, or it may be too late!

Need Your help Placing Alzheimer's Patients

My office has two male clients in their fifties with mid-late stage Alzheimer’s.  We’re trying to place them in a SNF, preferably  in Broward County.  Both will qualify for Medicaid.  We have not been able to find a facility willing to accommodate these “younger” men. 

If you can help me place these men, please contact me at alice@florida-elderlaw.com

The rules of paying for nursing care can get so complicated it makes your head spin!

First let me tell you that many of my clients, about this time, decide they just want to know if I can save them money?  If they are likely eligible for benefits?

They want to cut to the chase and find out now what their own personal bottom line is.  If that’s you... if you want to know now how you might become eligible and how much you might save, then call my office at (954) 726-6602  and let’s explore whether or not you’re likely to qualify and what you might be able to protect.

You may have assets in lots of different places. You might have insurance policies, checking and savings accounts, IRA's, 401k's, CD's, a car, a boat or RV, an annuity or a home. Let me show you how the Medicaid officials view your money and assets differently. They focus on dividing your financial assets into three different categories:

1. Available Assets
2. Exempt Assets
3. Unavailable Assets

Let's look a little closer at each of those three types of assets:

Category number one, available assets, is made up of assets that you could cash in and use for your own nursing home care. Available assets are also referred to as "countable resources." The Medicaid views your available assets as the ones you should send every month to the nursing home - at a whopping $7,000 to $8,000 a month.

The second category is referred to as Exempt Assets. The Medicaid Department allows you to keep these assets - even though you may qualify for Medicaid services. If an asset is exempt, you do not have to cash it in to pay for your nursing home bill.

The third category may sound a little bit strange, but it's called Unavailable Assets. Those are assets which appear to have some value, yet for one reason or another, they are not available to be spent on long term care. One of the best examples of an unavailable asset is an irrevocable prepaid burial insurance policy.

Prepaid burial insurance policies are a relatively straightforward insurance product in which a person spends money now for the future promise to pay for burial cost. Typically the burial insurance product is put together so that it is irrevocable and non-assignable (that just means that once it's done, you can't change it). It's only available for one purpose - to pay a funeral home for your final expenses. After all, even the Medicaid department doesn't want to deal with all these buried bodies... so they've been generous enough to allow you to prepay for your funeral. Even if you paid $12,500 for that particular policy, it's just plain unavailable to you for nursing home care.

If you'd like to learn more about how the Medicaid department views your money, give us a call at (954) 726-6602. Our experienced team of attorneys can show you how Medicaid "sees" your assets. Transform some of your "available" life savings into exempt or unavailable assets.

Hope to hear from you!
Alice

Alice Reiter Feld, Esq., PA, CELA,
Board Certified Elder Law Attorney
Law Offices of Alice Reiter Feld, PA
5701 N. Pine Island Rd.
Suite 260
Tamarac, FL 33321
(954) 644-7270
areiterfeld@senioradvocates.net
http://www.florida-elderlaw.com/
Legal Disclaimer

This information has been provided for general informational purposes only. It does not constitute specific legal advice. Do not take any action based on your understanding of the legal concepts presented in this letter except to call a qualified elder law attorney. The receipt of this information does not establish any attorney-client privilege. Proper legal advice can only be given upon consideration of all the relevant facts, circumstances, and laws.

Foreclosure and Our Seniors

Today I had a call from a client who lives in an independent living facility, has no savings left and whose condo was going into foreclosure.  He was very disturbed by all the “demand” letters he was getting from the mortgage company, the condo association etc.  So much so, that his wife was becoming ill with stress.

After reviewing all the alternatives it became clear that he and his wife had no choice but to allow the foreclosure.  But even the thought of someone suing him and not being able to pay his bills (despite being judgment-proof) was extremely disturbing and embarrassing to him.

I have had many clients come to me with virtually the same problem.

Seniors have been the worst hit by the foreclosure crisis. And I see it, up front and personal, and over and over again, and it is heartbreaking.  This is the generation who survived a major depression, a world war and now in their twilight years, are unable to pay their bills and are losing their homes. 

I have no solution for this problem nor would it do any good to assess blame.  I just think it is one of the saddest things about our economic crisis.

Health Care Reform News and Fun Facts

For the first time since the enactment of the Health Care Reform Act (Obamacare), a US Court of Appeals upheld Congress' right to enact health care reform law.

This is a very important decision because it was made by prominent conservative and liberal judges, taking some of the momentum out of the issue of repeal and reminding us that decisions should be made based on the law, not politics.

Changes are being implemented over a period of time. Any changes that have not already occurred do not take effect until 2014 when most of the major changes really kick in.

For now, here are some interesting and fun facts you might not know:

• Health care reform requires restaurants with 20 or more chain locations to include the calorie content next to each item on the menu. This will allow for individuals to make better-informed decisions regarding their nutrition. In 2009, according to the Center for Disease Control (CDC), 26.7% of Americans self-reported themselves as obese.
   
• A total of $50 million will be used for Community Transformation Grants to encourage healthy living; this money may be used, for example, to provide nutritional school lunch programs.
   
• A 10% tax will be imposed on all indoor tanning sessions

Will Your Loved One Lose Their Dignity?

Alzheimer’s disease robs those with the disease of their personalities, their roles in life, even precious time with their loved ones.  That’s something we all know.  But if you’ve been reading these emails the past few months, you also know that there are ways to make your loved one’s remaining time precious and dignified.  But some caregivers unknowingly put their loved ones with Alzheimer’s at risk – simply by not taking steps to help them keep some of what they’ve worked a lifetime for.

When a loved one begins experiencing personality changes, Alzheimer’s could be a culprit – but it’s always important to have a diagnosis made by a doctor.  If a diagnosis of dementia or Alzheimer’s is made, there are steps every family should begin to take right away to ensure that their loved one isn’t put in a position to lose almost everything they have – including their dignity.  But this doesn’t have to be the case.

Too many families think that an Alzheimer’s diagnosis means that they have plenty of time to plan for the eventualities of nursing care – unfortunately due to new laws that have been put in place in the last few years, that’s not the case.

When someone is diagnosed with Alzheimer’s, it’s vitally important that you get their financial house in order right away, whether or not there will be someone to bear the financial burden if they need skilled nursing care.  The sooner after diagnosis the better to discuss your loved one’s plans and paperwork regarding insurance, wills, burial policies, safe deposit boxes, files, and personal wishes.  Your loved one will be more able to discuss their wishes, and you can even put in place documents to allow your loved one to get their hair done, fresh flowers brought to their room, and other things that will make their life with Alzheimer’s as “normal” and pleasing as possible.

If Alzheimer’s is a concern, you need to make two appointments: the first with an elder law attorney and the second with a physician.  Your loved one may be more willing to go to these appointments if you accompany them.  Whether you come to our firm or another, making these plans early is essential so that you’re loved one is not penalized when they ultimately need nursing care.

You may want to search for a neighbor or lifetime friend of your loved one who can assist you with gathering the information you’ll need and getting them to these appointments.

Don’t take the risk of allowing your loved one to lose everything to high care costs.  Their life savings could be quickly whittled down to a mere $2000 in the bank and $30 per month in income.  How many hairdos can a woman get with $30 per month?  Fresh flowers?  What happens when your loved one’s hearing aid is accidentally stepped on, or he’d like to get something to hang on the wall in his room?  Frankly, these numbers are too thin for most people, and your loved one may have to have these costs covered by friends and family... an action that for many seniors, is something they never wanted to have happen. 

I urge you to call my office today... not for my sake but for that of your loved one.  We’ll talk over the phone to see if we’re the right fit for you... and if we can’t help you, we’ll point you in the direction of someone who can.  Don’t let your loved one suffer the loss of dignity that so many of those with Alzheimer’s do, being unable to even provide for their necessities because care costs have sapped their life savings dry.  That’s why we do what we do – to help people like your loved one live a more dignified life with Alzheimer’s.

Gay Marriage in New York: Before You Take the Plunge

Gay couples: Think twice before running up to New York to tie the knot. Along with the rights and benefits of marriage come the responsibilities. And there are a few catches!

Firstly. The marriage will not be recognized in Florida. This means that any rights, benefits and responsibilities afforded married couples in Florida will not be afforded to same-sex couples who marry out of state.

This is because of the Defense of Marriage Act (DOMA), passed in 1996, which precludes states from recognizing same-sex marriages that happen out-of-state. So no Social Security, spousal, death or survivor benefits, and no spousal Veteran's benefits are available in Florida.

So what happens if a same-sex couple marries in New York and moves down to Florida . . . are they still married? Probably not - at least for now. Only time will answer these questions as more and more states adopt same-sex marriage.

The second catch is that being married may give your partner rights that you may not want to give. After all, may couples choose not to get married for a variety of reasons. Simply because same-sex marriage is available, does not mean you should take advantage.

For example, among other things, married couples have the right to take a portion of a deceased spouse's estate, possible spousal support, responsibility for paying for nursing home care and the right to make health care decisions. All couples, especially senior citizens, need to address all these issues before deciding whether marriage serves these and other needs.

Whether married or not, these are issues that all couples face in planning their estate and long term care needs, and providing a legacy. For seniors, my opinion is that it is an unnecessary complication. Now gay people in New York have the absolute right to complicate things for themselves, too.

Just When You Thought It Was All Worked Out

Being a caregiver is trying... just when you think you have everything worked out, your loved one has a change in status that turns the world upside down again.  Maybe they had a stroke, or are not getting along with another patient in the facility, or they just need more assistance than they used to.  The prospect of having to make all those changes, constantly, can be overwhelming!

I’m here to help you not to lose heart, even though there are some disturbing truths about dementia.  The very reason this disease is referred to as a “journey” is because it continues to change.  Your loved one’s brain is degenerating, and she is only going to get worse – not better.  Often, both the blessing and the curse is that the disease progresses slowly. Unfortunately, one can’t put out a sign that says “Already have one illness, can’t get another – sorry, my scorecard is full!”  There will be changes in this process and there is little choice except to forge ahead, but with assistance.

The 5th Absolute for Caregiver Decision Making is: Never Stop, Instead Progress.  Your role as caregiver is one of the most difficult you will face in this life, and there will be times when you feel like you just can’t take any more.  Before you get to this point, you must request and accept assistance - and there are many ways to find it.

Ask for assistance from the people at your loved one’s senior citizen complex - they will provide you with resources for your next steps.  When you are feeling overwhelmed and trying to figure everything out on your own, it is sometimes difficult to admit you may not know the best path to take, or even what questions to ask.  Make a copy of this and hand it to the person at the senior center, amd they will provide resources in your community – they do it every day, they care, and they want what’s best for you and your loved one.

Until next time,...

Fluent in Elder Law?

Today you're going to learn how to select someone who's fluent in elder law.  Why is this important for you? An Elder Law attorney concentrates their practice in the area of estate and longevity planning, Medicaid, special needs trusts, and VA benefits for the over 65. Anyone nearing or over that age should know what steps they may need to take to get the right documents in place so that their plans for their finances and their family can be realized.

I recently looked at a bar association listing of attorneys who identify themselves as elder law attorneys. Frankly, I was a little surprised to see that some individuals who are really general practitioners also consider themselves to be elder law attorneys. I was a little disturbed when I saw this, because drafting simple wills and trusts does not qualify an attorney to be an elder law attorney. Wills and trusts may be part of the elder law process at times - but there is so much more involved than that!

Really, wills are what I call "death planning" - they really only control what happens after you die. Today's seniors need an estate and longevity plan - this will help their families know what their wishes are in the event that they become incapacitated before they die. If you are married, then it's highly probable that one of the two of you will spend a substantial amount of time in a nursing home before you die.

Will the real elder law attorney please stand up?

When trying to find an elder law-focused attorney, it's important to understand how elder law differs from traditional estate planning (death planning). A traditional estate plan is typically designed to do three things:

1. Minimize estate taxes
2. Avoid probate court
3. Distribute assets from the deceased person to his or her heirs.

Elder law, on the other hand, is death planning plus long-term disability and care planning - what I call "longevity planning." The elder law attorney is not only dealing with your estate plan, but must also think ahead for life care issues in the event that you or your spouse has long term health care needs during your lifetime.

These days, it is quite common to see families spend several hundreds of thousands of dollars when both a husband and wife have long term care needs. The key focus of an elder law attorney is to help the family to try to protect their assets during their lifetime, to avoid such a catastrophic loss.

No one wants to be out of money and out of options before they are out of breath. While it's not possible to guarantee specific results, the elder law attorney works with clients and families to guide them through the minefield of public benefits, veteran's benefits, Medicare, Social Security, special needs trusts, powers of attorney, and Medicaid. Our job is to increase the quality of life of our clients, not just to figure out who-gets-what after you pass away.

So if you are trying to figure out who is the real elder law attorney, please ask these questions:

- How many Medicaid applications does your firm do in a year?

- How many veterans does your firm assist with the VA aid and attendance benefits per year?

- How many elder law oriented estate plans has your firm done this year?

If you are looking for an elder law attorney to do any of these things, please use an attorney who can demonstrate that he or she is working in that area every day. The issues are complex, and you deserve to work with someone who is fluent in elder law.

Talk to you soon!

Medicaid Myths and Misperceptions

My husband, being a rabbi (see www.rabbimitch.com), often attends meetings with religious leaders of different faiths. At a recent meeting, the subject of nursing home care came up.  One pastor in the group opined that, in order to get Medicaid to pay for such care, a person must have spent all his money. My husband (who’s been enlightened by his elder-law attorney/wife!) immediately corrected the pastor, advising him that this was not true. He then also advised him to get Nursing Home Medicaid advice from an elder law attorney.

Incidents such as these are, unfortunately, not rare. In fact, many seniors (or near-seniors) still maintain outdated – and dangerously inaccurate – views as to exactly what Medicaid can and can’t do, and how to become eligible for it. And many end up paying a severe price for believing in what are, essentially, myths.

Clergy, of course, answer to a higher authority than the rest of us. And, justifiably, we put a lot of trust in them. But clergy, too, are only human. And the incident at the meeting proved that they can be as vulnerable to Medicaid Myths and Misperceptions as the rest of us.

When my husband told me about this incident, I began to think about the powerful influence of the clergy in our lives…and how they can inadvertently harm people when they give out inaccurate information. We put trust in our clergy that we don’t put in anyone else. After all, this isn’t the same as getting advice from a neighbor who “knows someone.” This is someone we rely on, a person with wisdom, a person with vision, and a person whose advice we’ve come to trust.

But – clergy or not - this is also very dangerous.  Everyone in my office can recite horror stories of families spending down thousands of dollars needlessly, because they received bad advice and believed it.  (Thankfully, everyone in my office can also recite stories about all the money we’ve saved our clients!) 

Take a minute to think about it. Would you trust your health care to an accountant? Would you trust your tax planning to a writer? Would you trust your estate planning to a teacher? (Or, conversely, would you trust your children’s education to a lawyer?) 

My message is simple: Don’t take elder-care advice from someone who “knows someone.” Don’t take it from a clergyman. Don’t take it from anyone, in fact – no matter how well-intentioned – who’s not an elder law attorney.  Get your advice on Medicaid and Veteran’s benefits from people who know - elder law attorneys.  That’s what we do. And it’s the only thing we do.

It’s one investment you’ll be glad you made. And you’ll be happy with the results for years to come.

Will Your Loved One's Decisions Be Made By A Stranger?

I always try to emphasize the importance of planning ahead... you and your family want to be prepared in case something should happen to you.  A “guardianship” is a situation that some families find themselves in... and it means that your loved one’s healthcare and financial decisions may be made by a perfect stranger, appointed by the courts.  So, what is the difference between a power of attorney and a guardianship?

A power of attorney is a legal document where one person (the principal) authorizes another  person (the agent) to act on his or her behalf, either for health care decisions or for financial decisions.

Guardianship is a legal relationship whereby a court gives a person (the guardian) the power to make personal decisions for another (the ward). A family member or friend initiates the proceedings by filing a petition in the circuit court in the county where the individual resides. A medical examination by a licensed physician is necessary to establish the individual’s condition. A court of law then determines whether the individual is unable to meet the essential requirements for his or her health and safety. If so, the court appoints a guardian to make personal decisions for the individual. Unless limited by the court, the guardian has the same rights, powers and duties over his ward as parents have over their minor children. The guardian is required to report to the court annually.

A conservatorship is a legal relationship whereby a court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship, except the court of law determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make financial decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court annually.

Powers of attorney for health care and property/financial decisions are relatively low cost and private ways to decide which family member or trusted friend will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. If you do not have power of attorney, or if your powers of attorney are not drafted properly and something happens that results in your inability to make decisions, your loved ones may later face court proceedings and court-supervised guardianships and/or conservatorships. A court proceeding is not only costly, but the person appointed as your guardian/conservator may not be the person whom you would have chosen yourself.

Don’t let this happen to you or your loved one... put the right documents in place now, or it may be too late!

How to Best Communicate With Your Loved One With Memory Problems

Good communication can decrease or even prevent many behavior problems.  So what’s the best way to communicate with your loved one?

The number one tip to remember is to treat your loved one as an individual with a disease, not a diseased individual. He has an entire history of life that stays with him throughout this journey. He will continue to have many of the same characteristics he had before. If he was laid back before, he may be more so now. If he had high energy/anxiety, he may be tightly wound now as well.

All people need to have their feelings validated. A person with Alzheimer’s is no different. In fact, because of memory loss and insecurity issues, he or she may need it even more. An example: Your father who has Alzheimer’s is angry with your husband most of the time. They have had a great relationship in the past, but now your father blames him for everything. As difficult as it is, keep in mind that it’s the dementia talking, not your father. You can say, “I don’t blame you for being angry” and then move on. What he is feeling is real to him, even if it is not accurate. You will probably have to coach your husband as well. Let him know that this action isn’t against him personally; it is the nature of the illness and “this too shall pass.”

Individuals with Alzheimer’s respond well to affirmation. When they do anything, no matter how insignificant it may be to you, praise them with “good job” or “thank you.” 

Other tips:
- When beginning a conversation, identify yourself. If your loved one says “I know who you are,” laugh or say something humorous.
- Slow down when you speak and use short simple sentences.
- Ask one question at a time. Give adequate time for response. Yes/no questions are best.
- When speaking, maintain eye contact.
- Lower the tone of your voice; a high pitch may be interpreted as anger.
- Eliminate distracting noise. Turn off the TV or radio, or go to another room to talk.
- Smile and be pleasant.
- Use touch to get attention (hand on shoulder, hand on knee, hand on hand).
- When your loved one is upset and you can’t communicate, try a hug. Soon anger will be forgotten and you can try again.
- Be aware of their body language. A sudden sit-to-stand change in position may indicate the need to go to the bathroom or some other kind of discomfort. Be aware of your body language too - try not to appear tense.
- Don’t argue.
- Don’t order the person around or be condescending.
- Don’t talk about your loved one as if he isn’t there; you never know just how aware he might be

How Do You Know....A Message for Caregivers

Caregivers often want to know: how do you know what your loved one is feeling and experiencing as they progress in the disease?  No one can truly empathize with any situation without having been there themselves. Even then, each person handles life differently. Perhaps the best way to try to understand how your loved one is feeling is to read what several people with Alzheimer’s disease have written and published to educate those who want to know.

These books walk you through their personal journeys. It can be heart-wrenching to read about the devastating things they go through, but it is good for learning and understanding. Reading these books may bring out many of your own emotions, but it may also help you know how your loved one feels.

- Living In The Labyrinth: A Personal Journey Through the Maze of Alzheimer’s
by Diana Friel McGowin
Copyright 1993, Dell Publishing/ Doubleday Dell Publishing Group

- Show Me The Way To Go Home
by Larry Rose
Copyright 1996, Elder Books, Forest Knolls, California

You can find these books at your nearest Alzheimer’s Association or at any bookstore or online book source.

Plan and Protect

Last week, a client, along with his wife, came to see me about making some changes in his estate planning documents.  It had been six years since I had last seen Mr. K.  And I immediately saw the change in him. From the moment he walked in, he seemed very agitated. And within a minute of sitting down, he was dictating what I needed to do to accomplish his goals. 

But that’s not the way I work. I like to have an open discussion with my clients about their goals – because each client’s goals are different. So I told Mr. K. that, before making any changes, I thought we should chat for a few minutes. I believe such a chat is essential…because it helps me do a better job of servicing my clients.

He wasn’t happy about my suggestion – to put it mildly. His mind was made up.  But I hadn’t seen him in six years. And I wanted to spend a little time talking with him, asking him questions, and making sure I had the right answers. I do this for two main reasons:

• The first is because it’s best for the client. If your doctor hasn’t seen you for a while, he’ll probably tell you it’s time for a check-up. And if I haven’t seen you for a while, it’s probably time for an estate-planning check-up. It’s time to make sure the plan we came up with a few years back is still appropriate for you today. And it’s time to see if we need to make some changes based on age, physical condition, assets, income, death of a loved one, etc.

• The second (albeit more selfish) reason I want to have this conversation is because if I don’t ask these questions, and I don’t address these issues, I’m going to hear from my clients (or, more likely, their children) later on. And they’re going to want to know why I didn’t tell them how to properly plan and protect themselves.

So I asked Mr. K. about his health. He responded that he was “fine.”  I asked him about his assets, and he refused to answer. I asked him if he had plans in case he became incapacitated.  He announced that the VA would take care of him. And he refused to listen when I informed him this wasn’t necessarily the case.

I’ve been working with older people my entire professional life. And I know the signs of Alzheimer’s when I see them. I turned to his wife and asked her if he had been exhibiting any memory loss.  And she affirmed my suspicions. He was indeed, it turned out, exhibiting the early signs of Alzheimer’s.

Why am I sharing this story with you? Well, it’s not to brag about myself. Rather, it’s to point out how important these regular “legal” check-ups can be.  When looking at Mr. K., I saw belligerence, paranoia, discomfort at my questions (for fear he wouldn’t be able to answer them), and a man who kept asking me the same questions…over and over. 

The conversation wasn’t necessarily a happy one. But it will help both of them. As a result of our conversation, I will now be able to provide his wife with much-needed support, resources, and information on Alzheimer’s. I’ll be able to encourage her to seek the advice of a neurologist. And I’ll be able to help prepare her for the long and difficult road ahead.

Mr. K., needless to say, was not at all happy with my observations.  Who would be?  No one wants to hear they may have Alzheimer’s.  Life being life, I told him, I can’t always talk about happy things. But I told him that I would always be totally honest with him. And that I would always give him my best advice.

He then asked me a question about his will - a question he’d already asked me three times before. 

Our firm advocates for seniors and senior care, so we have made a significant investment in acquiring the best materials and resources that address the unique needs of these communities. We also offer a unique suite of resources to aide the caregivers to Alzheimer’s patients. We are pleased to make these valuable resources available to you COMPLETELY FREE OF CHARGE. These materials represent the initial steps you need to take to provide the best possible care for yourself, your family members, clients, patients and friends. Sign up for one or all of these unique and valuable online resource centers:

www.medicaidcrisislawyers.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld

www.learnvabenefits.com/reiterfeld

and

www.southfloridamemorylawyer.com for caregivers to Alzheimer’s patients.

You may also visit our website any time for access to information on all of the areas of law we practice under “The Elder Law Umbrella” at www.florida-elderlaw.com or follow our blog: www.southfloridaelderlaw.blogspot.com

Medicare Targets South Florida

Five Florida hospitals, including Memorial in Hollywood and Jackson in Miami have scored so poorly regarding readmission rates that they are actually getting a grant to fix things up.   This means that too many Medicare patients that are discharged a being readmitted within weeks or even days to the same or another hospital.

Hospital Readmissions has become such a problem that the new health care bill includes sanctions for hospitals who do not address this issue.

Obviously hospital readmissions are very costly for Medicare and are often preventable with concentration on a “team approach” to making discharge more comprehensive, educating the patients and family and using all resources in the community.  This comprehensive approach has also shown to reduce the patients stay in the hospital.

Obviously addressing these issues is not only good for Medicare but for the patients as well.  We routinely get calls from frantic family members whose elderly relative is being released from a hospital and they have no idea what to do next.  Typically the elder was independent before; now they may need a higher lever of care.

We appreciate the overwhelming burden discharge planners have and work with them and the family with regard to placement, public benefits and a myriad of issues a family has when an elderly loved one is discharged from a hospital.  Putting the elder law attorney as part of the comprehensive team approach can reduce readmissions to hospitals, benefiting Medicare, the patient, their family and the hospital.

Our firm advocates for seniors and senior care, so we have made a significant investment in acquiring the best materials and resources that address the unique needs of these communities. We also offer a unique suite of resources to aide the Caregivers to Alzheimer’s patients. We are pleased to make these valuable resources available to you COMPLETELY FREE OF CHARGE. These materials represent the initial steps you need to take to provide the best possible care for yourself, your family members, clients, patients and friends. Sign up for one or all of these unique and valuable online resource centers:

www.medicaidcrisislawyers.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld

www.learnvabenefits.com/reiterfeld

and

www.southfloridamemorylawyer.com for caregivers to Alzheimer’s patients.

You may also visit our website any time for access to information on all of the areas of law we practice under “The Elder Law Umbrella” at www.florida-elderlaw.com or follow our blog: www.southfloridaelderlaw.blogspot.com

On days like this it’s hard to love the law.

A few months ago a colleague and I were chatting and I remarked to him that I love the law.  An attorney as well, he remarked that he never had the love of the law that so many attorneys have. 

When a decision like the one in the Casey Anthony trial comes down, my immediate reaction is not to love the law; in fact it’s to agree with the bloggers that our system of justice is dead.

But it is not.  Thomas Friedman once said, “If only America could be China for a day- just one day - just one day.”  In many other countries things run much more efficiently and effectively but offer little in personal freedoms.

For our criminal justice system to work we must accept less efficiency and unjust verdicts.  It’s the price we pay for the personal freedoms that come with being an American.

So, yes, I still love the law.  On days like today (or when OJ was acquitted), I remind myself that we all win when Casey Anthony is acquitted.  It just doesn’t feel like it.

There Are Other Veteran's Benefits

Aid and Attendance offers up to nearly $2000 per month to a veteran who has long term care needs and costs associated with this care. A surviving spouse can be entitled to a benefit of up to approximately $1000.  For more information on these useful benefits to which many qualified veteran’s and their surviving spouses may be eligible, visit our firm's website (or go directly to: http://www.florida-elderlaw.com/VABenefits.html.)  Our firm also offers a FREE email series that provides further details. Sign up here: www.learnvabenefits.com/reiterfeld.

In our practice we see a great percentage of our clients seek assistance in procuring Aid and Attendance benefits. There are, however, other VA benefits available. Below is a clipping from an article that I came across recently offering interesting insight into this subject:

THE VA HEALTH CARE SYSTEM operates the largest health care system in the  United States.        Contrary to what many veteran’s expect, every veteran is not eligible for benefits from the VA health care system.  The system principally covers veterans with service connected injuries, those with low income and the very elderly with wartime service.  The system requires the veteran to enroll on a yearly basis. This can be done in person, by mail or over the Internet.   Adverse decisions concerning the VA healthcare system are appealable.  Advocates should encourage their clients to enroll in the VA system even if they currently do not need or are entitled to benefits.

A veteran should attempt to enroll in the system despite the fact that the veteran has been told that s/he is not eligible or that there is a long waiting list. The system can be inconsistent and I have had many clients receive benefits such as prescription drugs for which they otherwise would have had to pay. Veterans who have a service connected disability in excess of 50% receive priority in enrollment.  Additionally, veterans who receive increased pension based on their need for aid and attendance or are housebound also receive a higher priority and are entitled to receive free medication from a VA pharmacy even if they are not otherwise receiving medical care.

                                                 

The VA medical benefits package includes prescription drugs and medical exams.  Since veterans with a higher percentage of disability have a higher priority, the veteran should consider filing for an increased rating.  While the amount of money received on a monthly basis will increase minimally, the health care benefits can be enormous. 

###

Reading Of The Will

In Hollywood, when someone dies, there is a somber meeting, at a lawyer’s office, around a big traditional conference table in a plushy decorated conference room. The heirs eagerly wait to hear what they may have inherited. The scene often includes angry family members just to create more drama.

But that only happens in the movies.  I’m not aware of this occurring anymore, at least not in South Florida.  I’ve never done it in my firm.  One’s attorney determines who should get a copy of the will, and is required to file the original with the clerk of the courts within 10 days of death.

So what really happens?  The personal representative (executor) retains an attorney and together they determine who the beneficiaries are, collect the necessary documents   and ascertain if a probate estate needs to be opened in court.  The trustee (if there is a trust involved in the estate) may also be included in this discussion. 

Our firm works to settle estates as quickly as possible.  We gather all the information about the assets, acquire death certificates and contact the heirs named, providing them copies of the documents and outlining how the process will work.  Depending on the complexities, it should all be wrapped up within 6 months.

So, just because you see it on the big screen, doesn’t make it a reality. We don’t want drama in our offices, or for our clients. Therefore, you won’t see us conducting a “reading of the will” any time soon.  You will, however, see an estate settled swiftly, skillfully, and with compassion.

To learn more about Estate Planning, including Wills, Trusts and Probates, 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:

www.southfloridamemorylawyer.com

www.medicaidcrisislawyers.com/reiterfeld

www.learnvabenefits.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld

Our efforts to help folks cope with Alzheimer's & Dementia

To gain access to our FREE Alzheimer's caregivers' Support Online Resource center, visit: www.southfloridamemorylawyer.com

So, How Are My Parents Doing?

Because I write about my family from time to time, people ask for an update so here it is!

My father recently turned 90, my mother will be 89 in June and they are married 65 years.  That’s the good news.

The bad news is that because of their advanced age, they continue to experience the incapacities most of us are used to seeing.  Both suffer from some physical incapacity and myriad of illnesses and my mom has a little mild cognitive impairment.   Being in the business is both a blessing and a curse because I have access to information and resouces, which is good, but I know too much, which is bad.

They have a full time aide and are still able to get out for meals.  They have help with their finances and I am regularly in touch with their primary care physician to get updates and ask questions.

I see my parents once a week, for breakfast, at the PI Bagel in Davie.  This tradition has been going on so long that we are often joined by friends and family members.  The visits are not too long, Mom doesn’t fret about entertaining, and they get to see family and friends.  What was once just a simple breakfast is now the perfect way for family and friends to have brief but frequent visits.  It’s a win/win situation and something I recommend others adopt in some form.

So if you want to join us, just let me know!  My father is a pip and you’ll get some really bad jokes to take back to the office!  Thanks for listening

Protect Your Identity! Safety Tips for Seniors.

Our office is always seeking new ways to get information out on how to seniors can live better lives. Safety is one topic that needs reminding occasionally. There are several ways criminals try to exploit seniors. One of the most common ways is by stealing your identity. Her are some tips on how to minimize your chances of falling victim to the unscrupulous.

• Use a shredder to destroy any important papers that you wish to dispose of.
• Don’t put outgoing mail in an unsecured mailbox.
• Don’t carry too many credit cards.
• Don’t share personal information on the phone or internet with anyone that you don’t know.
• Use virus software protection and enable firewall settings on your computer.
• Review your credit report annually-report any errors or questionable entries.

If you suspect that you or a senior you know has been exploited, below are some resources:

• Florida Abuse Hotline: 1-800-96-ABUSE
• Florida Elder Help Line: 1-900-963-5337
• Elder Consumer Protection Program: Elder Consumer Protection Program
• National Center on Elder Abuse: http://www.ncea.aoa.gov/
• Academy of Florida Elder Law Attorneys

Alice's Suggested Additions to the Above:

• Never give out your Social Security Number to someone you don’t know.
• Never give out your Medicaid ID Number to someone you don’t know.

For more information on issues affecting the seniors in your family, including how to report senior abuse, 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

South Florida Elder Law Attorney Blog: Wednesday, June 15th marks the 6th Annual World El...

South Florida Elder Law Attorney Blog: Wednesday, June 15th marks the 6th Annual World El...: "Wednesday, June 15th marks the 6th Annual World Elder Abuse Awareness Day. The mission of this special day is to raise awareness of the cult..."

Wednesday, June 15th marks the 6th Annual World Elder Abuse Awareness Day

Wednesday, June 15th marks the 6th Annual World Elder Abuse Awareness Day. The mission of this special day is to raise awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect.

Elder abuse, like other forms of violence, is never an acceptable response to any problem or situation. Early intervention and education are the keys to preventing elder abuse. Anyone can fight elder abuse by:

1. Calling or visiting an elderly loved one and ask how he or she is doing
2. Providing a respite break for a caregiver
3. Asking your bank manager to train tellers on how to detect elder financial abuse
4. Speaking to community advocates about the problem.
5. Learning the warning signs of abuse - visit http://www.centeronelderabuse.org/.
6. IF YOU KNOW OR SUSPECT THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED AND/OR EXPLOITED IMMEDIATELY REPORT THE INFORMATION TO THE ABUSE HOTLINE: 1-800-96-ABUSE (1-800-962-2873).

Thank you for helping to keep our seniors safe!

Betty Ford

Former First Lady Betty Ford recently celebrated her 93rd birthday.  Most of us associate her with the alcohol and substance abuse recovery treatment center she created. But she was and is much more.

Her public battle with breast cancer encouraged hundreds of thousands of women to have a mammography, saving countless lives. And her in-depth study of addiction issues pointed her to women with AIDS, whose unique problems led to substance abuse; and to her testifying before Congress in favor of health care coverage.  

As a young woman, Mrs. Ford made regular visits to hospitals for disabled children and first witnessed the potential for rehabilitation.  

We thank her for her groundbreaking efforts and wish the former First Lady continued health and happiness.

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 http://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:

www.medicaidcrisislawyers.com/reiterfeld

www.learnvabenefits.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld

Sincerely, 

Alice Reiter Feld

Singing Away Alzheimer’s Disease

Music can treat and even help prevent the onset of Alzheimer=s disease. 

If you think about it, it makes sense: I can=t find my keys, but I can sing the words to songs that

I haven=t heard in 40 years!

Of course it=s no magic bullet, but music DOES stimulate the mind and exercise the memory.  Music also reduces anxiety and depression, which makes it good for the patient and the caregivers.

So, go ahead and pick up that favorite Frank Sinatra record (Oops! That’s a CD these days), bring it on your next visit to your favorite caregiver and relieve some stress. 

For more information on Alzheimer’s disease and dementia, and support available for caregivers, visit our specialized online resource center: http://www.southfloridamemorylawyer.com/.

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:

www.medicaidcrisislawyers.com/reiterfeld

www.learnvabenefits.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld

How to be a Good Friend to a Caregiver

When someone in our life finds themselves a caregiver for an Alzheimer’s patient, they have two challenges: dealing with the patient and dealing with the isolation. Here are a few tips for being a good friend:

• Don’t brag about how wonderful things are in your life….too much.
• Be sensitive to last minute changes of plans.
• Do not minimize anything they are experiencing.
• Help with errands (Duh!)
• Bring food.
• Stay in touch and keep including the person even if they often refuse (unless told otherwise).

For more information on Alzheimer’s disease and dementia, and support available for caregivers, visit our specialized online resource center: www.southfloridamemorylawyer.com.

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:

www.medicaidcrisislawyers.com/reiterfeld

www.learnvabenefits.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld