Important Victory for LGBT Married Couples

LGBT married couples can now celebrate another important victory in their fight for equal rights. The U.S. Justice department will soon grant them the same rights in legal matters as married heterosexual couples. These new guidelines are the latest effect of the Supreme Court’s ruling on same-sex marriage that struck down the Defense of Marriage Act in June of 2013.

What does this mean for LGBT couples? Under the new guidelines, LGBT couples will not be forced to testify in court against their spouse and will receive the same visitation rights as other married couples in prison. The Justice Department’s policy will also allow same-sex married couples to apply for federal programs such as the Sept. 11 fund to compensate victims of the terrorist attacks.

The Justice Department has already approved policy changes by other federal agencies to extend federal benefits to LGBT couples.

• Last summer, the Office of Personnel Management announced that federal employees in LGBT marriages could apply for health, dental, long-term care, life and retirement benefits.
• The Department of Health and Human Services said that legally married LGBT seniors on Medicare would be eligible for equal benefits and joint placement in nursing homes.
• The Social Security Administration will pay death benefits to survivors of a LGBT marriage.
• The Department of Homeland Security will treat LGBT spouses equally for the purposes of obtaining a green card if the spouse is a foreign national. And the IRS has begun treating same-sex marriages equally for tax-filing purposes.

While laws are changing to promote greater equality for LGBT seniors, whether you are gay or straight, if you haven’t done so, now is the time to get started with planning for your future and for your loved ones! We here at The Fairfax and Fredericksburg LGBT Law Firm of Evan H. Farr, P.C. have strategies in place to help LGBT couples. With advance planning, each person, regardless of sexual orientation, can retain the benefit of the money, income and assets it has taken a lifetime to accumulate. Learn more at http://www.LGBTelderlaw.com, or call us at our Virginia Elder Law Fairfax office at 703-691-1888 or at our Virginia Elder Law Fredericksburg office at 540-479-1435 to make an appointment for a no-cost consultation.

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Don’t Let Your Mother-In-Law Get Duped

Q. My 70 year old mother-in-law, Geraldine, is a lot like the character “Rose” from the 80’s sitcom, Golden Girls. Although she was always a kind and gentle person, she is becoming more and more naïve and trusting. You would never believe that just five years ago, she was a successful business owner who made sound decisions. Now my husband tells me the doctor thinks she is in the early stages of dementia. We are very concerned about her decision-making capabilities.

I was over at her apartment one day with my son, who was home from college, and she picked up a call on her cell phone from a telemarketer. Next thing I know, she was giving him her personal information. I signaled for her to stop and hang up. When she got off the phone, she told me that the caller was promising the “investment opportunity of a lifetime.”

She will be moving in with our family soon, but the calls may not stop, since many of them are on her cell phone. I might not always be around to stop her from giving her information out. How can I convince her, before it is too late, that calls such as the one we witnessed are most likely fraudulent?

A. Sadly, with the increasing proportion of aging baby boomers, such as your mother-in-law, criminals are under the impression that they have a wealth of potential victims. According to a survey on elder fraud from Investor Protection Trust, 20% of unsuspecting retirees become victims of financial fraud. The same study reveals that one in every five Americans over 65, or about 7.5 million people, has lost money through financial fraud.

As we age, our ability to discern the credible from the not-so-credible decreases. And retirees in the early stages of diseases like dementia or Alzheimer’s, such as your mother-in-law, are more prone to fall for illegitimate phone, mail, or email-based money-grabbing schemes.

As a rule of thumb, if it seems too good to be true, it’s probably a scam. With that in mind, since you can’t be around all the time, gently remind your mother-in-law not to sign up for sweepstakes, travel giveaways, or suspicious free gift offers. According to the National Consumers League fraud center, once the scam bait has been taken, her contact information may end up on a “suckers list,” where it’s collected and then sold to outside parties. From that time onward, she will likely find herself receiving a plethora of fake mailings and phone calls.

The following are some common scams that target seniors:

• Telemarketing or mail fraud: Dishonest scammers use the phone to sell seniors goods that either never arrive or are worthless junk. In addition, they often conduct investment and credit card fraud, lottery scams, and identity theft. Telemarketers take in an estimated $40 billion each year, bilking one in six American consumers. AARP claims that about 80% of them are 50 or older.

• Health Care/Medicare/Health Insurance Fraud: In these types of scams, perpetrators may pose as a Medicare representative to get older people to give them their personal information, or they will provide bogus services for elderly people at makeshift mobile clinics, then use the personal information they provide to bill Medicare and pocket the money.

•  Grandparent Scam: Since she has at least one grandson in college, she should be aware of a frightening scam that comes as a call from someone pretending to be a family member needing money. The criminals often do intensive research on the potential victim’s family, so their story may sound credible. If this happens to her, tell her to ask the person if you can call them back later and immediately check the facts with your family. Suggest to your mother-in-law that she should NEVER give money to anyone without verifying their identity.

• Using Fraudulent Legal Documents: Many scammers cloak their actions in legal authority, procuring a power of attorney or will or other legal document giving them access to a senior’s property. They get seniors to sign these documents by lying, intimidation, or threatening of the seniors. To ensure that this does not happen, make sure that your documents are done in a safe and ethical manner by a Certified Elder Law Attorney, such as myself. Make her aware that any other estate planning or incapacity documents presented as hers are not authentic.

Of course, there are plenty of other scams out there, including phony charities asking for donations, advance-fee loans, fake checks and identity theft. Read the FBI Common Fraud Schemes Web page or the Better Business Bureau Scam Stopper Web page for more details and be sure to report any scams to the Better Business Bureau.

You mentioned that your mother in law was diagnosed with dementia. Persons with dementia and their families face special legal and financial needs. At The Fairfax and Fredericksburg Dementia Planning Law Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from dementia and their loved ones.  If you have a loved one who is suffering from dementia, we can help you prepare for your future financial and long-term care needs.  We help protect the family’s hard-earned assets while maintaining your loved one’s comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. If you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), or if you have a loved one, such as your mother-in-law, who is nearing the need for long-term care or already receiving long-term care, call us at 703-691-1888 in Fairfax or 540-479-1435 in Fredericksburg to make an appointment for a no-cost consultation.

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Nicotine Patches as Treatment for Schizophrenia

Smoking of tobacco is the largest cause of preventable death in the world, and in the US alone, 440,000 people die because of smoking each year. Despite the dangers associated with smoking, new research shows that the drug nicotine (one of the dozens of substances found in tobacco) may actually have some health benefits, including preventing and treating Parkinson’s, Alzheimer’s and schizophrenia.

We speak about the effectiveness of nicotine patches in treating Alzheimer’s and Parkinson’s in another post. Today, we will explore how nicotine patches can be used to treat those with schizophrenia.

Science Magazine reports that nicotine can play an important role in helping to regulate a person’s GABA levels or, in other words, making sure all brain communications are operating at the right speed and with the correct intensity. GABA or Gamma-Aminobutric Acid is a chemical that is made in the brain that works by blocking brain signals (neurotransmissions). When there is too little GABA, we become overstimulated and engage in excessive and impulsive behavior. When there is too much GABA, we become overly relaxed and sedated. The levels of GABA are low in schizophrenia as well as in epilepsy and other seizure disorders.

Findings from research included that a 14mg nicotine patch improved sustained focus while there was no gain in control subjects. Nicotine was also found to enhance smooth eye movement, or allowing the eyes to closely follow a moving object. The complexity of this task is difficult for those with schizophrenia, indicating that cognitive improvements can be measured by how well movement tracking is performed. In addition to these findings, there are previous studies showing that schizophrenic symptoms return when nicotine intake is reduced.

Do you or a family member have special needs? Twenty million American families have at least one member with special needs, which can include schizophrenia, autism, Down syndrome, bipolar disorder, and numerous other disorders.  Parents of those with special needs are tasked with planning for their children throughout their lifetime, as many of them will outlive their parents but might not be able to support themselves and live independently.

As a parent or guardian, you want to ensure that your child with special needs will remain financially secure even when you are no longer there to provide support.  A Special Needs Trust is a vehicle that provides assets from which a disabled person can maintain his or her quality of life, while still remaining eligible for needs-based programs that will cover basic health and living expenses. Learn more at The Fairfax and Fredericksburg Elder Law Firm of Evan H. Farr, P.C. website, or call us at our Virginia Elder Law Fairfax office at 703-691-1888 or at our Virginia Elder Law Fredericksburg office at 540-479-1435 to make an appointment for a no-cost consultation.

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Parkinson’s and Alzheimer’s: New Help from an Old Drug

As everyone knows, tobacco smoke is responsible for innumerable diseases, including cancer, heart disease, and COPD and other chronic respiratory diseases. Smoking of tobacco is the largest cause of preventable death in the world, and in the US alone, 440,000 people die because of smoking each year. Despite the dangers associated with smoking, surprising new research shows that the drug nicotine (one of the dozens of substances found in tobacco) may actually have some health benefits, including preventing and treating neurodegenerative diseases such as Parkinson’s and Alzheimer’s and psychiatric disorders, such as schizophrenia.

As people live longer and the world population grows older, disorders such as Parkinson’s disease and Alzheimer’s disease will affect more and more individuals. Both of these diseases are neurodegenerative and progressive, meaning the symptoms get progressively worse. Currently, there is no cure for Parkinson’s or Alzheimer’s, but symptoms are treated with various medications and procedures (such as deep brain stimulation to help Parkinson’s).

Extensive clinical trials on the effectiveness of nicotine to improve mental processes and potentially to forestall both Parkinson’s and Alzheimer’s is underway, and several studies have already shown the effectiveness of nicotine in treating both of these diseases.

A recent study investigated the effects of dietary nicotine found in peppers on Parkinson’s patients. The study, conducted by The University of Washington found that although vegetable consumption in general did not affect Parkinson’s disease risk, as consumption of edible Solanaceae found in peppers increased, Parkinson’s disease risk decreased. Researchers noted that the apparent protection from Parkinson’s occurred mainly in men and women with little or no prior use of tobacco, which contains much more nicotine than the foods studied.

Another study is currently being conducted by The Michael J. Fox Foundation (MJFF) to measure the effect of a nicotine patch on Parkinson’s patients.  To conduct this study, 160 Parkinson’s patients were provided with either a nicotine patch or a placebo patch, in order to determine if the real patches might have the potential to slow the progression of PD. The drug used in the trial is the same exact drug from Novartis that people have used to try to quit smoking for many years. So far, pre-clinical studies have shown that nicotine could protect dopamine-producing neurons in the brain from dying, therefore lessening the symptoms of Parkinson’s.

The same nicotine patch can also improve memory in older adults with mild cognitive impairment (MCI). MCI is considered an intermediate between normal aging and dementia. People with MCI are more likely to develop Alzheimer’s disease.

A trial, led by researchers at Vanderbilt University’s Center for Cognitive Medicine and published in the journal Neurology, involved 67 non-smokers with MCI. The researchers supplied half of the test group with a nicotine patch and half with a placebo patch. After six months, patients who wore the nicotine patch regained 46% of their age-adjusted “normal performance” on long-term memory tests, whereas patients in the placebo group worsened by 26%.

Findings from the research confirm that nicotine stimulates receptors on neurons involved in learning and memory. According to lead scientist, Paul Newhouse, “if it helps in early Alzheimer’s, we might be able to move back even further into patients with mild memory loss.” The six-month trial suggested the nicotine was safe. But Newhouse cautioned that smoking or unsupervised use of the patch is not.

Keep in mind that no one is suggesting that smoking of tobacco is good for you or anyone around you, as tobacco contains dozens of noxious, toxic, and carcinogenic compounds, and even second-hand smoke and third-hand smoke (such as smoke residue on clothing) is responsible for a multitude of illnesses and societal harm. Nor is anyone suggesting that people should start using nicotine patches by themselves, as a medication such as nicotine should only be used with a doctor’s supervision. However, if you or a loved one has Parkinson’s and would like to participate in a clinical trial, you may want to visit Michael J. Fox Foundation’s Clinical Trial Finder. If you or a loved one would like to participate in an Alzheimer’s clinical trial, you may want to visit the National Institute on Aging Alzheimer’s Education and Referral Website.

If you or a loved one is suffering from Parkinson’s disease or Alzheimer’s disease, we at The Fairfax and Fredericksburg Elder Care Firm of Evan H. Farr, P.C. are dedicated to easing the financial and emotional burden on those suffering and their loved ones.  We can help you prepare for your future financial and long-term care needs.  We help protect your hard-earned assets while maintaining your comfort, dignity, and quality of life by ensuring your eligibility for critical government benefits. Please call us at 703-691-1888 in Fairfax or 540-479-1435 in Fredericksburg to make an appointment for a no-cost consultation.

P.S. For details on the health benefits of nicotine in treating Schizophrenia and other mental disorders, please read our blog post on the subject.

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