Beware of Deed Scam
Last week was National Consumer Protection Week (NCPW), a campaign that encourages consumers to take full advantage of their rights and make better-informed decisions. Unfortunately, scams never stop. The NCPW website offers a way to keep up with scams, highlighting some of the most common schemes, with red flags and tips to keep consumers safe.
Attorney General Mark Herring is warning Virginia property owners to be cautious of companies offering to sell them a copy of the deed to their home. Homeowners throughout the state have been receiving official looking letters, often titled as a “Deed Processing Notice,” that offer to sell them a copy of their deed for $83. The letters specify that homeowners must comply by a specific date. Often these letters are received shortly after you’ve purchased your house or refinanced your mortgage. “Even though these letters look like official notices, they are actually solicitations and should be treated as such,” Attorney General Herring said. In other words, these letters are a scam.
You should never need to pay to get a copy of your recorded deed, because you always get the original deed back within a few months after closing – directly from the Settlement Agent who handled your closing. Here’s what happens: when you first buy your home or other real estate, the Settlement Agent who handles your closing sends your deed to the County courthouse to be recorded; after recordation, the courthouse sends your deed back to the Settlement Agent and the Settlement Agent then sends it to you, typically along with your Title Insurance Policy (assuming you purchased Owners Title Insurance, which most buyers do). Most people put that Deed and Title Insurance Policy in a safe location such a bank safe deposit box or a small home safe.
Please keep in mind that the mortgage lender does NOT keep your deed until you pay off your mortgage. That happens with car titles, but not with real estate deeds. If you need your original deed for something and you can’t locate it, you should start by calling the Settlement Agent who handled your closing and asking for a copy. If for some reason they don’t have a copy, or you can’t recall the name of the Settlement Agent, then you can go to the land records division of the county courthouse and obtain a copy of your recorded deed for a very small copying fee. In some smaller counties, you might even be able to call the county land records office and they might be willing to work out sending you a copy without you having to come in to the courthouse.
At the Fairfax and Fredericksburg Elder Law Firm of Evan H. Farr, P.C., we encourage you to stay informed about this and other scams this Consumer Protection Week and always. Other scams out there include 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. In addition, please read our “Don’t Let Your Mother-in-law Get Duped” post for more details.
Keeping up with scams that are affecting consumers is important. It is also very important to keep up with your planning. If you have not done Incapacity Planning, Estate Planning, or Long-Term Care Planning, or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, please contact The Law Firm of Evan H. Farr, P.C. as soon as possible at our Virginia Elder Law Fairfax office at 703-691-1888 or at our Virginia Elder Law Fredericksburg office at 540-479-1435 to schedule your appointment for our introductory consultation.
Is Your Town “Dementia Friendly”?
In Watertown, Wisconsin, several local businesses display small purple angel decals in their windows. The decals indicate that the employees inside have been trained in how to recognize customers with dementia and how to best assist them and their caregivers.
Jan Zimmerman, a nurse in a senior living community in Watertown, initiated the effort and envisions a community where residents are fully educated about dementia, business owners are trained on how to assist customers with memory loss, and people with dementia remain independent for as long as possible.
According to Zimmerman, the participating businesses are part of a “broader effort to educate the town’s 24,000 residents about dementia and to keep those who have the condition engaged in the community by providing the services they need.”
How does it work? People in Watertown who are living with dementia can pick up pocket-sized cards intended to be carried by people with memory loss and presented at retail establishments at monthly support meetings. The cards read: “Thank you for your patience. I am memory impaired and may require a few extra moments. Your cooperation and understanding is much appreciated.” The cards are a subtle way people can signal their situation without having to announce it publicly.
Businesses in the town can take advantage of no-cost, on-site training for their employees, and those that complete training can display a purple angel in their window. Shops with purple angels then make special accommodations for their customers. In the Connection Cafe, a coffee shop similar to Starbucks with trained staff, baristas might encourage those patrons with memory loss to simply point to which size of coffee they want. And at the local bank, employees have been trained to look for signs that customers have been scammed.
The concept of making communities dementia-friendly is spreading in Europe but is just beginning to take hold in the United States. Currently, more than 50 groups have joined in the ACT on Alzheimer’s collaboration to help additional U.S. communities prepare for growing numbers of residents with dementia. According to Lori La Bey, executive director of Alzheimer’s Speaks, “I think it’s going to continue to expand. People are seeing the need, and this does not have to cost a lot of money or take a lot of time.”
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 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 an introductory consultation.
Don’t Forget These Often-Overlooked Tax Deductions
As tax time draws near, you want to make sure you file all the proper forms and take all deductions you’re entitled to. The following are some helpful but often overlooked deductions to keep in mind as you prepare your 2013 taxes:
Estate Planning Attorney Fees: If you met with an estate planning attorney within the past year, some of your legal fees may be tax deductible. We suggest that 20% of the total fees that you paid to our firm can appropriately be considered deductible tax advice. Please read Part 4 of our Tax Time Series for more details.
Medical Expenses: To take advantage of the medical expenses tax deduction, you have to itemize and deduct medical expenses, and for 2013 you can write off only the amount of those expenses that exceeds 7.5% of your adjusted gross income. For retirees with low incomes, this threshold can be easy to cross. See IRS Publication 502 Medical and Dental Expenses for more details. Please also read Part 3 of our Tax Time Series.
Caregiver Deductions: As a caregiver, you likely pay for some care costs out-of-pocket. Did you know that if you are caring for a relative, you might be able to claim tax deductions and credits for certain medical expenses? These can include dental treatments, transportation to medical appointments, health insurance premiums, and long-term care costs. The rules below apply to caregivers for the 2013 tax year (filed in 2014). See IRS Publication 502 for more details. Please also read Part 1 of our Tax Time Series.
Parental Deduction: If you are caring for your mother or father, you may be able to claim your parent as a dependent on your income taxes. This would allow you to get an exemption $3,950 (in 2014) for him or her. Please read Part 2 of our Tax Time Series for more details.
Long-Term Care Insurance Premiums: Premiums for “qualified” long-term care insurance policies are treated as an unreimbursed medical expense. Long-term care insurance premiums are deductible for the taxpayer, his or her spouse, and other dependents.
Social Security Benefits: If you file a federal tax return as an individual and your combined income, including half of your Social Security benefits and nontaxable interest income is between $25,000 and $34,000, 50% of your Social Security benefits will be considered taxable. If your combined income is above $34,000, 85% of your Social Security benefits is subject to income tax.
Real Estate Taxes: If you don’t have enough deductions to itemize, you can still increase the amount of your standard deduction by the amount of your real estate taxes up to $500 ($1,000 if filing jointly).
Home Sale Exclusion: If you sold your home in 2013, you might be able to exclude up to $500,000 (if you are married) or $250,000 (if you are single) from your income. If a surviving spouse sells the home, he or she can still claim the exclusion as long as the house was sold no more than two years after the spouse’s death.
Elderly or Disabled Tax Credit: Some low-income elderly or disabled individuals are entitled to a special tax credit. To be eligible, you must meet income limits. For more information, click here.
Gifts: If you gave away more than $14,000 in 2013, you are required to file IRS Form 709, the gift tax return. Please read our blog post Gifting and the New Gift and Estate Tax Exclusion Numbers for more details about gifting and taxes.
For more details, please see the IRS Tax Guide For Seniors.
Please note that getting a tax refund might affect your Medicaid or Social Security benefits. However, since everyone’s situation is different, it is wise to contact a Certified Elder Law Attorney such as myself to walk you through this process and ensure that you are not doing anything to affect Medicaid eligibility. Call us today at the Fairfax and Fredericksburg Elder Law Firm of Evan H. Farr, P.C.at 703-691-1888 in Fairfax or 540-479-1435 in Fredericksburg to make an appointment for an introductory consultation.
And the Oscar for Best Alzheimer’s Patient Goes to. . .
Joyce Griffen, a retired anthropology professor at Dartmouth University, spends many hours a week rehearsing and playing different roles. She’s not involved in theater and hasn’t been since college. However, in a week’s time, she can assume the role of someone with dementia, Parkinson’s, chronic pain, and other age-related disorders.
According to the Center for Disease Control (CDC), 90% of Americans who need long term care get it from unpaid family members. That puts a strain on a lot of relatives who have neither enough time nor the training to care for loved ones with brain disorders such as dementia.
“Family caregivers are often thrust into this role of providing medical care without medical training,” says Justin Montgomery, a clinical nurse and nurse practitioner at Dartmouth-Hitchcock’s Aging Resource Center. The Center had answered the need for training by offering classes featuring role play opportunities for participants. The training program, paid for by a federal grant through the Health Resources and Services Administration, is one of the oldest simulation training programs of its kind, and it employs 15 actors, including Ms. Griffen, between 68-93 years old.
Last month, 16 caregiver spouses gathered at the hospital’s simulation center in an attempt to boost their caregiving skills. Those who attended learned how to deal with challenging behaviors and how to solve real-life issues. In the process, the group also learned, through role-play, how to deal with someone who is impaired and difficult.
As part of the training, each participant was videotaped in a pretend scenario with an actor who refused to get dressed, or was exceptionally argumentative, difficult, or negative. To make the portrayal seem authentic, one of the actors, Mark Cookson, was made up to look 30 years older. Fake bags were placed under his eyes, adhesive creases etched his forehead, and flesh-colored spray drained the natural color from his face. He portrayed a crotchety old man with advanced Parkinson’s disease. In character, wearing a bathrobe and a frown, he slumped in a chair in a simulated hospital room. He acted as if he had trouble speaking and stiffened as his caregiver (a class participant) tried to steer him into bed.
After the role-playing, the actors and fellow caregivers offered feedback on the caregiver’s body language and interaction about what worked and what didn’t, including how well caregivers picked up on non-verbal cues.
Reading body language is a big topic in the three-hour seminar, which also includes information about how the brain changes at the onset of Alzheimer’s and other dementias and how to respond safely to challenging or dangerous behavior. The advantage of stimulated training is that participants can watch and see what the body language is telling them and learn how they should interact with someone based on posture and stance and all the ways other we communicate without saying any words.
Dartmouth-Hitchcock’s Aging Resource Center is the only geriatrics center in the U.S. that makes such heavy use of role-playing with actors as patients. However, training for caregivers, including various online options, does exist. These are some available caregiver training options:
- The Alzheimer’s Association has several free, online tools to help caregivers find answers, local resources and support.
- The National Parkinson’s Foundation has a list of caregiver resources and a free manual called Caring and Coping.
- AARP has several free on-line seminars on family caregiving topics such as housing options, the basics of handling caregiving, providing the care, and planning for the care of aging parents.
- AARP has also prepared comprehensive materials for caregivers called “Next Step in Care.” Although the focus isn’t on nursing-style caregiving tasks, three might be useful: a self-assessment tool for family caregivers, a medication management guide, and a guide to hospice and palliative care.
- Many home health-care companies, such as Five Star Home Health care in Fairfax, offer a 40-hour Caregiver class, where you can learn personal care assistance; home management; safety and accident prevention; infection control; and food, nutrition, meal preparation and how to help a loved one with activities of daily living such as bathing and toileting.
- The American Red Cross offers a training manual for caregivers that has a DVD explaining the mechanics of transferring another person from bed to chair and back, and a few other complicated tasks.
- Also, some videos are available for free at www.mmlearn.org, a Web site that says its mission is to provide caregivers with online training and education.
In addition, the best way for caregivers to learn caregiving techniques is to ask a professional for help. If your loved one is in the hospital, make sure care instructions are clearly explained to you before discharge. If you don’t get them to your satisfaction, don’t sign the form that says you have been given instructions on what to do. The hospital is legally obligated to ensure that discharges are safe, and this operates in a caregiver’s favor. The same goes for the pharmacy: don’t sign that sheet that the pharmacist hands you indicating that you have been adequately informed about the medications you are purchasing if you haven’t been.
Caregiving can be rewarding, but it is also physically and emotionally demanding. The Fairfax and Fredericksburg Elder Law Firm of Evan H. Farr advises that if you are a caregiver, don’t let your own needs or health take a back seat. Many caregivers are at the age when they are developing their own chronic medical issues. Be sure to take good care of the person you are caring for and yourself too! Part of doing so is planning for your future and for your loved one’s future. Call us today at 703-691-1888 in Fairfax or 540-479- 1435 in Fredericksburg, to make an appointment for an introductory consultation.
And the Oscar for Best Alzheimer’s Patient Goes to…
Joyce Griffen, a retired anthropology professor at Dartmouth University, spends many hours a week rehearsing and playing different roles. She’s not involved in theater and hasn’t been since college. However, in a week’s time, she can assume the role of someone with dementia, Parkinson’s, chronic pain, and other age-related disorders.
According to the Center for Disease Control (CDC), 90% of Americans who need long term care get it from unpaid family members. That puts a strain on a lot of relatives who have neither enough time nor the training to care for loved ones with brain disorders such as dementia.
“Family caregivers are often thrust into this role of providing medical care without medical training,” says Justin Montgomery, a clinical nurse and nurse practitioner at Dartmouth-Hitchcock’s Aging Resource Center. The Center had answered the need for training by offering classes featuring role play opportunities for participants. The training program, paid for by a federal grant through the Health Resources and Services Administration, is one of the oldest simulation training programs of its kind, and it employs 15 actors, including Ms. Griffen, between 68-93 years old.
Last month, 16 caregiver spouses gathered at the hospital’s simulation center in an attempt to boost their caregiving skills. Those who attended learned how to deal with challenging behaviors and how to solve real-life issues. In the process, the group also learned, through role-play, how to deal with someone who is impaired and difficult.
As part of the training, each participant was videotaped in a pretend scenario with an actor who refused to get dressed, or was exceptionally argumentative, difficult, or negative. To make the portrayal seem authentic, one of the actors, Mark Cookson, was made up to look 30 years older. Fake bags were placed under his eyes, adhesive creases etched his forehead, and flesh-colored spray drained the natural color from his face. He portrayed a crotchety old man with advanced Parkinson’s disease. In character, wearing a bathrobe and a frown, he slumped in a chair in a simulated hospital room. He acted as if he had trouble speaking and stiffened as his caregiver (a class participant) tried to steer him into bed.
After the role-playing, the actors and fellow caregivers offered feedback on the caregiver’s body language and interaction about what worked and what didn’t, including how well caregivers picked up on non-verbal cues.
Reading body language is a big topic in the three-hour seminar, which also includes information about how the brain changes at the onset of Alzheimer’s and other dementias and how to respond safely to challenging or dangerous behavior. The advantage of stimulated training is that participants can watch and see what the body language is telling them and learn how they should interact with someone based on posture and stance and all the ways other we communicate without saying any words.
Dartmouth-Hitchcock’s Aging Resource Center is the only geriatrics center in the U.S. that makes such heavy use of role-playing with actors as patients. However, training for caregivers, including various online options, does exist. These are some available caregiver training options:
- The Alzheimer’s Association has several free, online tools to help caregivers find answers, local resources and support.
- The National Parkinson’s Foundation has a list of caregiver resources and a free manual called Caring and Coping.
- AARP has several free on-line seminars on family caregiving topics such as housing options, the basics of handling caregiving, providing the care, and planning for the care of aging parents.
- AARP has also prepared comprehensive materials for caregivers called “Next Step in Care.” Although the focus isn’t on nursing-style caregiving tasks, three might be useful: a self-assessment tool for family caregivers, a medication management guide, and a guide to hospice and palliative care.
- Many home health-care companies, such as Five Star Home Health care in Fairfax, offer a 40-hour Caregiver class, where you can learn personal care assistance; home management; safety and accident prevention; infection control; and food, nutrition, meal preparation and how to help a loved one with activities of daily living such as bathing and toileting.
- The American Red Cross offers a training manual for caregivers that has a DVD explaining the mechanics of transferring another person from bed to chair and back, and a few other complicated tasks.
- Also, some videos are available for free at www.mmlearn.org, a Web site that says its mission is to provide caregivers with online training and education.
In addition, the best way for caregivers to learn caregiving techniques is to ask a professional for help. If your loved one is in the hospital, make sure care instructions are clearly explained to you before discharge. If you don’t get them to your satisfaction, don’t sign the form that says you have been given instructions on what to do. The hospital is legally obligated to ensure that discharges are safe, and this operates in a caregiver’s favor. The same goes for the pharmacy: don’t sign that sheet that the pharmacist hands you indicating that you have been adequately informed about the medications you are purchasing if you haven’t been.
Caregiving can be rewarding, but it is also physically and emotionally demanding. The Fairfax and Fredericksburg Elder Law Firm of Evan H. Farr advises that if you are a caregiver, don’t let your own needs or health take a back seat. Many caregivers are at the age when they are developing their own chronic medical issues. Be sure to take good care of the person you are caring for and yourself too! Part of doing so is planning for your future and for your loved one’s future. Call us today at 703-691-1888 in Fairfax or 540-479- 1435 in Fredericksburg, to make an appointment for an introductory consultation.
Can Mom Be Discharged From a Nursing Home Against Her Wishes?
Q. My mother, Bunny, was told she is being discharged from the nursing home in which she resides. She and I are completely against this. For what reasons may a nursing home discharge a resident and what recourse do we have?
A. Nursing homes are required to follow certain procedures before discharging a resident, but a facility may occasionally attempt to discharge an undesirable resident by transferring the resident to a hospital and then refusing to let him or her back in. This practice is called “patient dumping” and, in most cases, is illegal.
The Nursing Home Reform Act of 1987, however, prohibits transfer or discharge of a resident by a skilled nursing facility, except for the following reasons:
- Resident has improved: Sometimes a resident’s health has improved enough so that he or she no longer needs the services provided by the facility.
- Needs cannot be met by the facility: Sometimes, a patient’s transfer or discharge is necessary to meet the resident’s welfare when the resident’s needs cannot be met in the facility. This reason is very rarely legitimate, but in some cases is legitimate, for instance if a resident needs ventilator care but the facility does not offer such care.
- Failure to pay after given notice: A nursing home can discharge a resident if the bill isn’t paid after reasonable and appropriate notice. However, if the resident is eligible for benefits – such as Medicaid – that would pay for the resident’s stay, and the resident has filed all necessary paperwork to apply for benefits, the nursing home must wait until the application process has been completed.
- Endangers the health or safety of others: If the resident’s stay endangers the health or safety of other individuals in the facility, then he or she may be discharged. A physician must document the endangerment in the resident’s clinical record.
- Closing its doors: If the facility ceases to operate, it will obviously need to transfer or discharge its residents.
Prior to transfer or discharge, the facility must notify the resident and, if known, a family member or legal representative of the resident. If the nursing home transfers a resident to a hospital, state law may require that the nursing home hold the resident’s bed for a certain number of days (usually about a week).
Before transferring a resident, the facility must inform the resident about its bed-hold policy, and the resident (or someone on behalf of the resident) must typically pay privately to hold the bed. If the resident is a Medicaid recipient, the nursing home must readmit the resident to the first available bed if the bed-hold period has passed.
Residents or their families or the attorney for the resident (such as our firm) can appeal or file a complaint with the state if a nursing home refuses to readmit them.
Also, please read 20 Common Nursing Home Problems—and How to Resolve, a helpful publication from the National Senior Citizen’s Law Center.