Posted by admin on December 31, 2016 · Leave a Comment
Q. My granddaughter, Abigail, recently got married and my husband and I would like to give her a gift of $14,000 before the end of the year to put towards a down payment on their first home. To be fair, we also want to give the same amount to our grandson, Robert, for some remodeling work in his home. My husband, Murray, is 82 years old and has several health ailments, including high blood pressure, diabetes, and mild cognitive impairment. If his health suddenly declines and if he requires nursing home care next year and we would like to try and qualify for Medicaid, would he be penalized for the gifts we give to our granddaughter and grandson?
We also give small gifts to the animal shelter every month. Would we be penalized for these gifts, even though we’ve been making them for years?
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A. Presumably you have chosen the amount of $14,000 because that is the amount the Federal Gift and Estate Tax laws allow you to give per year to anyone you want without having to file a gift tax return. Under IRS rules, you and your spouse may each give an unlimited number of these $14,000 gifts per year without having to file a gift tax return. So, for example, if you have 4 children and 2 grandchildren, you and your husband could give away up to $168,000 each year ($28,000 x 6). However, even though the Federal Gift Tax laws allow you to give away up to $14,000 per year ($28,000 for a married couple) to as many people as you wish without gift tax consequences, Medicaid laws still apply to these gifts, meaning that these gifts will result in a penalty period — a period of ineligibility for Medicaid should either of you need nursing home care in the next 5 years. The length of the penalty period is determined by the penalty divisor(s) in each state. Below is a list for our area:
Penalty Divisors (as of 7/8/2016):
Northern Virginia: $8,367
Rest of Virginia: $5,933
DC: $10,333.00
MD: $7,940.00
So, your $168,000 gift would result in the following periods of ineligibility for Medicaid:
Northern Virginia: $168,000 / $8,367 = over 20 months
Rest of Virginia: $168,000 / $5,933 = over 28 months
DC: $168,000 / $10,333.00 = over 16 months
MD: $168,000 / $7,940.00 = over 21 months
Why does this happen? Medicaid presumes that all gifts made in the 5 years prior to filing for Medicaid were made in contemplation of applying for Medicaid. Individuals seeking eligibility for long-term care Medicaid benefits must disclose all gifts made by the individual or his or her spouse within the prior 5 years. And, even if it’s not the case, Medicaid will likely presume that the gifts made within 5 years of the eligibility request date were made in order to qualify for benefits.
However, if you have a history of giving small weekly or monthly gifts to a charity, some Medicaid offices will not construe those to be disqualifying gifts. For instance, in Virginia, these types of regular gifts are not penalized so long as they are under $4,000 per year and there was a regular pattern of making this gift for 3 years prior to applying for Medicaid.
Does this potential risk of a Medicaid penalty suggest that all giving should cease? Not necessarily. However, those who may need nursing home care within the next five to ten years must weigh the joy of giving against the potential cost of losing much-needed Medicaid benefits.
For more details about this, please see our resource page, “Medicaid: The Perils of Gifting FAQ.”
Q2. My niece Bonnie mentioned at Christmas that she would like to give to a charity, since it’s the end of the year, and she is feeling charitable and is interested in taking a tax deduction. She is only 50 and in good health, but has been vulnerable to scams in the past. What should she watch out for? Thanks for your help!
It is very kind of your niece to want to give to charity. Unfortunately, all too frequently, kind generous souls can be the victims of charitable fraud. Please share the following tips with her from Charity Navigator, to help ensure that she contributes only to legitimate and efficient charities.
- Don’t succumb to pressure tactics. Well-run charities don’t use pressure tactics to garner support for their mission. They don’t have to. Their good work and financial health speaks for itself.
- Do not feel compelled to give because you received a gift. Just because you received some mailing labels, cards or an umbrella, that doesn’t mean you’re required to reciprocate with a donation. Be especially wary of sweepstakes that require a contribution to enter. Again, a reputable charity doesn’t need to employ such inefficient and deceptive fundraising tactics.
- Be careful of imposters. Scam artists often use sound-alike names to trick you into thinking they represent a legitimate charity.
- Hang up the phone. Ask the fundraiser to send you written information about the charity they represent, then hang up the phone and do some research on your own.
- Make sure that your donation is tax-deductible. Before giving a donation to any organization, make sure it is a 501(c)(3) charity. That means the group has filed paperwork with the Internal Revenue Service (IRS), registering it as a U.S. nonprofit and enabling its contributors to take a tax-deduction for their gifts. A quick way to confirm the organization’s status is to check with Charity Navigator (www.charitynavigator.org), where all 501(c)(3) charities are listed.
- Research the charity before you give. Take a look at the organization’s rating on Charity Navigator to give you an indication of how much of the organization’s income goes towards programs and services. However, do note that smaller charities, such as the one that I founded (ROSE — Reiki Outreach Services for Elders, Inc.) may not have a rating, because they are not required to file the comprehensive tax forms required by larger organizations.
- Send your donation directly to the charity. Never divulge your personal or credit card information to those initiating contact. Once you’ve done your research, send your contribution directly to the charity you wish to support. Don’t send cash as it can be lost or stolen. Also, you’ll want to have paid by check or credit card so you have a receipt of your donation when it comes time to take the tax-deduction.
- Tell the charity not to share your personal information. When you send a charity a small donation – say $10 or $25 – there is a chance that the organization will sell or trade your contact information with other charities. The next thing you know, your mailbox may be overflowing with solicitations. Often older Americans get caught up in this vicious cycle because they respond with a small donation to each new appeal full of heartbreaking photos. To prevent this from happening, tell the charity upfront that you do not want it to share your personal information with any other entity.
Again, if she chooses to give charity, small monthly gifts on a regular basis to a reputable charity may be a good way to go! Hope this is helpful!
Tax Laws and Medicaid Rules Change Frequently
With all of the frequent changes that take place in the tax laws, and even more frequent changes in Medicaid rules, I recommend that everyone should revisit their estate plans every year. The Farr Law Firm’s Lifetime Protection Program ensures that your documents are properly reviewed and updated as needed, so that they will have the proper effect under the law.
As always, if you or a loved one is nearing the need for personal care or already receiving personal care, or 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), please call us to make an appointment for an initial no-cost consultation:
Fairfax Elder Law Attorney: 703-691-1888
Fredericksburg Elder Law Attorney: 540-479-1435
Rockville Elder Law Attorney: 301-519-8041
DC Elder Law Attorney: 202-587-2797
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Posted by admin on December 31, 2016 · Leave a Comment
Dear Angel,
I noticed you sent out the new key elder law numbers last week, but I did not see anything about gift and estate tax exclusion amounts for 2017. What are the new gift and estate tax exclusion numbers for 2017, and how do they compare to the current ones?
S. “Tate” Taxx
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Dear Tate,
For 2017, the estate and gift tax exemption is $5.49 million per individual, up from $5.45 million in 2016. That means an individual can leave $5.49 million to heirs and pay no federal estate or gift tax. A married couple will be able to shield $10.98 million from federal estate and gift taxes.
How does this compare to previous years? Under the provisions of the American Taxpayer Relief Act of 2012, the lifetime gift and estate tax exemption increased from $5,120,000 in 2012 to $5,250,000 in 2013 and the tax rate increased to 40%. In 2014 and future years, the exemption amount continued to be indexed for inflation and the tax rate remained at 40%. The 2014 lifetime gift and estate tax exemption as indexed for inflation was $5,340,000, the 2015 lifetime gift and estate tax exemption was $5,430,000 (an increase of $90,000), the 2016 lifetime gift and estate tax exemption is $5,450,000 per individual (an increase of $20,000), and the 2017 lifetime gift and estate tax exemption is $5,490,000 per individual (an increase of $40,000).
In 2017, you can still gift up to $14,000 per person, per year, without incurring any federal gift tax. These gifts are referred to as annual exclusion gifts and are not subject to the federal gift tax at all and therefore do not use any of your lifetime exemption from gift or estate taxes. The annual exclusion amount is indexed for inflation but can only increase in $1,000 increments. Therefore, the 2017 annual gift tax exclusion remains at $14,000. However, always beware of making lifetime gifts if you are over the age of 65 —read the Medicaid: The Perils of Gifting FAQ webpage on our website for more details.
For spouses, there is an unlimited deduction from estate and gift tax that postpones the tax on assets inherited from each other until the second spouse dies. Married couples can combine their annual exclusion gifts and gift up to $28,000 per person, per year, but “split gifts” must be reported to the IRS on Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return.
The new inflation adjusted numbers are available in Revenue Procedure 2015-53.
Hope this is helpful!
Angel
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Posted by admin on December 28, 2016 · Leave a Comment
Andrea’s father has had Parkinson’s for more than 15 years. When she visits him, she notices his motor skills are diminishing and he is becoming quite difficult to understand. She holds back her tears, as she remembers the man who used to play football with her brothers and who ran 10Ks to help others with degenerative diseases.
Andrea is pregnant with her first child. In the waiting room at the OB/GYN, she saw a brochure about harvesting and storing her placental stem cells to help her father, or possibly others with Alzheimer’s, Parkinson’s, certain cancers and more. She was intrigued to research the possibility further.
Stem cells are truly incredible.
Stem cells are the foundation of development in plants, animals, and humans. They can come from different places in the body or are formed at different times in our lives. There are stem cells that exist in the placenta when babies are born and adult stem cells that remain in our bodies from birth and throughout our lives. What makes stem cells so amazing is that they can make copies of themselves, or self-renew. In other words, they can replace tissue that is damaged by disease or injury.
This type of treatment could be used to:
- replace neurons damaged by spinal cord injury, stroke, Alzheimer’s disease, Parkinson’s disease or other neurological problems;
- produce insulin that could treat people with diabetes and heart muscle cells that could repair damage after a heart attack; or
- replace virtually any tissue or organ that is injured or diseased.
The cells could be used to study disease, identify new drugs, or screen drugs for toxic side effects.
Parkinson’s Treatment with Stem Cells Lasts 24 Years
A stem cell treatment for Parkinson’s has lasted more than two decades, according to researchers from Lund University in Sweden. More than two decades ago, researchers took stem cells from babies and inserted them into the brains of 10 people diagnosed with Parkinson’s. Their hope was that the healthy stem cells would restore diminished brain function.
In one instance, the researchers followed a patient with Parkinson’s disease who underwent the transplantation 24 years before his death. This was how the stem cells helped him:
- No more medication needed: The patient showed such marked improvement that his medication was no longer necessary three years after the transplantation.
- Function of transplanted dopamine-producing cells was normal: Brain-imaging technology allowed the researchers to show that dopamine function was completely normal in the transplanted brain structure ten years after the operation.
- Healthy cells were present 24 years later: The transplanted dopamine-producing cells and their normal neural connections are still present almost a quarter of a century after the operation.
According to researcher and professor Anders Björklund, “This study is completely unique. No transplanted Parkinson’s patient has ever been followed so closely and over such a long period. The patient was also unique in the sense that the nerve cells were only transplanted to one hemisphere of the brain, which meant that the other, which did not receive any transplant, could function as a control. What we learned from the study of this patient will be of great value for future attempts to transplant dopamine-producing nerve cells obtained from stem cells.” Read more in Discover magazine.
Stem Cells to Research and Treat Alzheimer’s
Scientists have been actively engaged in research on stem cell transplants in mice with Alzheimer’s symptoms and studies have shown some benefits. In a paper in Stem Cell Reports, researchers reported “encouraging” findings.
To test the effects, scientists bred mice with the key symptoms and characteristics of Alzheimer’s, such as memory impairment. They then injected stem cells into the brains of the mice and observed some improvement in memory.
- Stem cells repaired mice brains: About 60% of the cells were identified as alien and killed by the rodents’ immune systems, but the rest survived and repaired the damaged regions in their brains.
- Mice showed steady improvement: The mice treated with the method were “comparable” to normal mice in performing cognitive tasks two months after the treatment, and showed steady improvement in memory tests.
According to researchers, “(t)hese results indicate the cognitive deficiency of Alzheimer’s disease in mice can be reversed.”
Stem cells are also instrumental in Alzheimer’s research. For instance, scientists are using stem cells that are derived from Alzheimer patients to grow large numbers of brain cells in the lab, which they then use to study the disease and search for new drugs.
Stem Cells to Treat Other Diseases
Some other applications of stem cells, for a range of conditions, are being investigated in clinical trials. There are several ongoing or completed clinical trials involving stem cells, for diseases including:
- Macular degeneration
- Neurological conditions, such as Huntington’s disease and Motor Neuron Disease;
- Diabetes;
- Spinal Cord Injury;
- Myocardial infarction (heart disease);
- Multiple sclerosis therapy;
- Leukemia studies;
- Cartilage or tendon injuries.
It is worth noting that there are numerous other clinical trials (not listed here) aimed at:
- testing specific drugs to stimulate stem cells in the patient’s own body
- deriving cells or cell lines to be used in research and clinical trials
Early Detection is Key
Research suggests that the process of degenerative diseases, such as Alzheimer’s, begins more than a decade before clinical symptoms appear. Therefore, early detection may have a major impact on the course of the disease, and in successfully treating symptoms and participating in clinical trials (perhaps even taking advantage of stem cell treatments).
Medicaid Planning for Alzheimer’s and Parkinson’s
Degenerative diseases such as Alzheimer’s and Parkinson’s are among the biggest health and social care challenges of our generation, and a diagnosis of such diseases is life-changing. When it comes to planning for long-term care needs, generally, the earlier someone plans, the better. But it is never too late to begin the process of Long-term Care Planning, also called Lifecare Planning and Medicaid Asset Protection Planning.
Medicaid planning can be initiated by an adult child acting as agent under a properly-drafted Power of Attorney, even if you are already in a nursing home or receiving other long-term care.
Medicaid Asset Protection
At The 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. 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 such as Medicaid and Veterans Aid and Attendance. Please call us as soon as possible to make an appointment for a no-cost consultation:
Fairfax Elder Law: 703-691-1888
Fredericksburg Elder Law: 540-479-1435
Rockville Elder Law: 301-519-8041
DC Elder Law: 202-587-2797
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Posted by admin on December 22, 2016 · Leave a Comment
Carolyn is physically disabled, but has full mental capacity. Her parents and grandparents are no longer around. She would like to set up a Special Needs Trust for herself, to ensure that she is protected against the risk of impoverishment. In the past she couldnât do so, and had to rely on a family member or guardian to do so on her behalf. On December 13, 2016, things changed for people like Carolyn, when President Obama signed the Special Needs Trust Fairness Act into law.
Tucked inside a larger bill, the Special Needs Trust Fairness Act is designed to make it easier for people with disabilities to protect assets. Prior to the passage of this law, capable individuals with disabilities had to rely upon parents, grandparents, legal guardians, and the courts to be able to establish this type of trust on their behalf. This was due to a glitch in the law that existed since its enactment over 20 years ago. Now people with disabilities can create their own first-party special needs trusts without having to rely on others.
âThis provision replaces an antiquated law that was unfair and outmoded in its treatment of people with disabilities,â said Sen. Chuck Grassley, R-Iowa, who sponsored the Special Needs Trust Fairness Act. âThose who want and need to set up a trust to help pay for their care should be able to do so, plain and simple,â Grassley said. âThis measure allows individuals to act in their own interests with their own assets without having to rely on a family member or the courts.â This new law does not mean that disabled individuals should go out and create their own special needs trusts with forms they find on the Internet. On the contrary, disabled persons must use an experienced special needs attorney to prepare the trust because the laws governing special needs trusts are among the most complex laws in existence, as they are designed to protect assets in connection with SSI and Medicaid, and Medicaid is well known to be the most complex area of law and existence.
Click here for what the United States Supreme Court and many other courts say about the complexity of Medicaid laws.
What are the different types of Special Needs Trusts?
If you or a loved one is disabled, it is wise to consider creating a special needs trust. A special needs trust is an essential tool to protect a disabled individualâs financial future. Also known as âa supplemental needs trust,â this type of trust preserves eligibility for federal and state benefits by keeping assets out of the disabled personâs name. Special Needs Trusts fall generally into two main categories:
- Third-Party SNTs that one person creates and funds for the benefit of someone else.
- First-Party SNTs (also called d4a trusts) that are created for the person with special needs using that personâs own money. As mentioned previously in this article, now, people with disabilities can create their own first-party special needs trusts without having to rely on others.
Both âfirst partyâ and âthird partyâ Special Needs Trusts are created for the benefit of an individual with a disability, but have some differences. Below is a brief summary about them:
First Party Special Needs Trusts
- A First Party Special Needs Trust is funded with assets or income that belong to an individual with a disability (the beneficiary).
- The trust must be irrevocable and must provide that Medicaid will be reimbursed upon the beneficiaryâs death or upon trust termination, whichever occurs first. Because of this, First Party Special Needs Trusts are often called âPayback Trusts.â
- A First Party SNT is commonly funded with money from an inheritance, a personal injury lawsuit, or child support.
Third Party Special Needs Trusts
A Third Party Special Needs Trust is funded with assets belonging to persons other than the beneficiary.
- Funding typically comes from the estates of parents or grandparents and life insurance policies naming the third party SNT as beneficiary.
- Practically anyone other than the beneficiary can create a Third Party SNT.
Assets remaining in a properly-established Third Party SNT are not recoverable by Medicaid at the time of the beneficiaryâs death â in other words, there is no payback requirement. This allows the trust creator to provide for alternate beneficiaries upon the death of the disabled beneficiary.
Read more here.
Another Kind of Special Needs Trust
Pooled third-party trusts are an alternative to setting up your own special needs trust if you canât come up with a good choice for trustee or if you are only putting a small amount of money into the trust.
They can be advantageous because the people managing the trust and its assets are typically attuned to the special needs community and knowledgeable about the rules governing the SSI and Medicaid programs. In addition, even if you donât have a lot of money to leave to your loved one, a third-party pooled trust provides a way to benefit from a special needs trust without having to create one yourself.
Pooled trusts are not for every family. Why?
- Some non-profits end up doing a bad job managing pooled trusts or may even go out of business altogether.
- Some pooled trusts distribute assets only at certain times of the month. This can be a problem for a beneficiary who may need distributions more frequently.
- Generally, there is a one-time setup fee that can run from a few hundred dollars to several thousand dollars. Plus, there is typically an annual fee that is based on a percentage of the assets that are put into the trust that can be several thousand dollars a year.
- Once the assets are in the pooled trust, it is difficult to move the assets to another trust.
- Some pooled trusts will not agree to own real estate or authorize other nontraditional investments.
Before you sign on with a pooled trust, it is wise to explore your options. Read more on our website.
When it comes to special needs planning, we can guide you through this process. Please contact us to make an appointment for a no-cost consultation:
Fairfax Special Needs Attorney: 703-691-1888
Fredericksburg Special Needs Attorney: 540-479-1435
Rockville Special Needs Attorney: 301-519-8041
DC Special Needs Attorney: 202-587-2797
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Posted by admin on December 18, 2016 · Leave a Comment
Both the Virginia Partnership to Encourage Responsible Lending (VaPERL) and the Virginia Poverty Law Center(VPLC) submitted comments this fall on the Consumer Financial Protection Bureau proposed Rule governing payday and car title lending. You can see the full comments here and here. VPLC Comments with borrower Stories VaPERL (Virginia Partnership to Encourage Responsible Lending) Coalition C0mments.
The need for a comprehensive reforms of such loan types and similar loans is needed both at the state and federal level to ensure borrowers are left with loan options that account for their ability to be successful in and after loans. To end cycles of debt caused by loan terms and traps designed to keep borrowers indebted in high rate loans for increasing spans of time.
We are pleased that the CFPB Rule is designed to stop the payday and car title loan
debt trap but the Rule needs to be strengthened. Our goal is to ensure that the first-ever federal rule for small-dollar loans stops the harm payday and car-title loans have caused borrowers for many years and fosters fair and affordable products. Attached to VPLC’s comments are 70 stories of Virginia borrowers that have suffered financial ruin, the anguish of struggling to repay a loan that is designed to be unaffordable, and then the humiliation caused by abusive debt collectors. The VaPERL comments highlight the history of some of the most egregious ways the payday and car title lenders themselves have thwarted efforts to impose reasonable regulations in Virginia. The CFPB Rule is sorely needed to address the enormous harm cause by these loans but the payday and car title lenders will surely find ways to evade this new CFPB Rule unless some of the loopholes in the Rule are eliminated.
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Posted by admin on December 14, 2016 · Leave a Comment
Last Wednesday, The Economist’s “Business of Longevity” conference took place, attracting world-renowned experts in aging. One of the main themes of the conference was the need to change the way we think about longevity, as we are living longer, more productive lives. Coincidentally, on the same day the conference began, a study was released that life expectancy has actually declined.
How Long Can We Expect to Live?
According to the study on mortality in the U.S., life expectancy for the U.S. population in 2015 was 78.8 years, a decrease of 0.1 year from 2014. The age-adjusted death rate increased 1.2% from 724.6 deaths per 100,000 standard population in 2014 to 733.1 in 2015.
The 10 leading causes of death in 2015 remained the same as in 2014, and included heart disease, chronic lower respiratory diseases, unintentional injuries, stroke, Alzheimer’s disease, diabetes, kidney disease, and suicide.
Are these Findings Alarming?
“There’s a chance that the latest data, from 2015, could be just a one-time blip. In fact, a preliminary analysis from the first two quarters of 2016suggests that may be the case,” says Robert Anderson, chief of the mortality statistics branch at the National Center for Health Statistics, which released the new report. “We’ll have to see what happens in the second half of 2016,” he says.
How These Findings Affected Information Gleaned From Longevity Conference
The Economist’s “Business of Longevity: Innovation for an Aging World” event was held in an effort to ignite a global dialogue around opportunities in aging and the most recent innovations driving the aging market.
Based on my research, it seems that speakers were aware of the new survey findings at the conference, and that they are taking a wait and see approach to them (not necessarily altering their viewpoints). The following highlights are important findings from the conference:
The Need to Redefine Longevity
• Longevity and health care are typically seen as the same thing. But, in reality, they’re not. “Longevity is so much more,” noted Thomas Goetz, co-founder and CEO of Iodine — a health technology company. He urged the audience to look at the bigger picture and recognize that personal longevity is impacted by our financial situation, social environment, and institutional policies.
• There is new thinking about aging products and solutions. For instance, the Food and Drug Administration (FDA) made an announcement that will affect the nation’s 30 million older Americans suffering from hearing loss. Effective immediately, the FDA said it no longer requires adults to receive a medical evaluation or sign a waiver before buying most hearing aids. This news may help prove Goetz’s point that aging solutions are not purely medical in nature.
According to the Institute of Medicines’ report, “Retooling for an Aging America,” our aging population is the most diverse the nation has ever seen, with more education, increased longevity, more widely dispersed families, and more racial and ethnic diversity, making their needs much different than previous generations. For more details on longevity, and information about this and other research, please read our article on the subject.
Financial Problems of Older People
• The traditional retirement age of 65 is a “false age” that creates financial stress. As more of us live into our 80s and 90s, the economics of a two- or three-decade retirement are simply not feasible anymore for most people.
• Workers need to plan and save for retirement at earlier ages.
• Employers must play a more significant role in the new reality of aging.
• Flexible retirement ages, transitional work options, and job creation for people over 65 were all cited as examples of what should be on the to-do list at businesses and nonprofits.
• Many employers don’t have the aging workforce and its unique needs on the “company agenda.”
• Most people are afraid to signal any interest in leaving the workforce. This prevents the collaboration between employers and employees that is imperative to drive change.
When it comes to financial planning, everyone has different needs, situations, and goals. Should you ever want expert guidance with your financial planning process, remember that qualified assistance is available at The Farr Law Firm. Please read our recent article on financial uncertainty in retirement and the need for financial planning for more details.
Loneliness and Isolation
• Loneliness and isolation have the same negative health effects as smoking 15 cigarettes per day.
• The solution to the problem of loneliness among older people is two-fold: part human and part technology.
• The idea of a robot to combat loneliness was met with enthusiasm and skepticism in equal measure.
• There are merits of using virtual reality to keep the elderly engaged. But the best solution for isolation would always be live interactions with friends and family.
If you or a loved one is experiencing loneliness, research has shown that it is a major risk to healthy aging, and is linked to a decline in mobility, decrease in cognitive function, depression, and early death. For more details on this topic and tips for dealing with loved ones experiencing loneliness, please read our recent article.
What Other Countries Are Doing
An international panel of experts presented a fascinating look at how their countries have approached longevity, as follows:
• Japan, which has the world’s fastest-aging society, is proactively planning for the future impact to its culture and economy. Part of Japan’s strategy focuses on large investments in robotics and smart homes to counter a lack of caregivers there (a problem the U.S. is expected to increasingly face, too).
• Italy has tackled its caregiver shortage differently. As the first country where people over 65 have surpassed those 20 and under, Italians have taken what Roberto Bernabei, president of Italia Longeva (a scientific network of the Ministry of Health), describes as a “DIY” approach. There, families are leveraging 1.5 million immigrant workers to work as in-home caregivers. The solution has been quiet and organic, not one driven by government or policy.
In our recent article, we also looked at France, Canada, China, Germany, and the United Kingdom. Read it here.
Planning for a Long Life Ahead
Luck and genetics play roles in longevity, of course, but you can’t control that. If you want to better your odds of living longer, focus on what you can do, such as eating healthy, exercising, and cutting down on stress. As you are taking care of yourself and enjoying your life, it is also a good idea to plan for your future and for your loved ones. Our firm is dedicated to helping protect seniors preserve dignity, quality of life, and financial security. 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 to make an appointment for a no-cost initial consultation:
Fairfax Elder Law Attorney: 703-691-1888
Fredericksburg Elder Law Attorney: 540-479-1435
Rockville Elder Law Attorney: 301-519-8041
DC Elder Law Attorney: 202-587-2797
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Posted by admin on December 10, 2016 · Leave a Comment
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney
From the title of the article alone, you would think this blog post is a no-brainer. Medicaid looks back five years to determine if you made transfers of resources out of your name to someone else for less than fair market value. Property received from a trust for the applicant’s benefit is considered available income for determining Medicaid eligibility. Estate of Berto v. D.S.H.S., a Medicaid appeal from Washington State, demonstrates a case of simple statutory interpretation that reaffirmed basic principles of applying to the Medicaid program.
Ms. Berto and her husband had all their assets in a living trust, including their house. Both were beneficiaries and trustees of the trust. Berto’s husband died in 2009, and his will created a testamentary trust, (trust found in a Last Will) where all his assets were transferred. This trust named Berto as the beneficiary and trustee, but another trustee was appointed. She also was not allowed to determine how much money she would get. She sold the marital home and transferred a portion of the proceeds from the living trust to the testamentary trust. She then applied for state assistance, and was denied in part due to the money in the testamentary trust available to her as a resource. She challenged the finding that the testamentary trust is an available resource.
As I mentioned earlier, if the applicant is a beneficiary of the trust, it does not matter how the property is issued to her. All of the property is considered an asset for the purpose of determining eligibility. Berto hangs her argument on a specific regulation concerning trusts created by the individual or her spouse. Should a spouse or the applicant establish a trust with his or her assets, and the trust is not created by a will, the trust is treated as if the trust was created by the individual. In this case, the assets contributed by the applicant or spouse to the trust are available unless contributed by will, which Berto says applies here as her husband’s will stated all property was to go to this trust. But the court points out that there is a qualifier for this regulation. THIS PROVISION ONLY APPLIES WHEN THE TRUST ASSETS ARE CONTRIBUTED BY PEOPLE OTHER THAN THE APPLICANT OR SPOUSE. So because no money was added into the trust through operation of the will of somebody other than Berto or her husband, the assets are countable for purposes of Medicaid eligibility.
One of the reasons why this case was only 6 pages long was because the argument failed when Berto hung her hat on a regulation that didn’t apply to her situation, so for the court this case is easy. But there are a ton of statutes and regulations that only an experienced Medicaid attorney knows and has worked with. It’s cases like these that show that you need an experienced Medicaid attorney on your side to navigate this system.
To discuss your NJ Medicaid matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing consultations if you are unable to come to our office.
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Posted by admin on December 9, 2016 · Leave a Comment
Q. My siblings and our families are going to spend Christmas this year with our mother at our family home in Virginia Beach. She lives alone with her dog, Rascal. Since Thanksgiving, the last couple of times I called her, she seemed a little out of it, but insists everything is okay.
I checked with mom’s neighbor, and she said she hasn’t seen my mother in weeks. Although mom is an introvert who likes to mostly keep to herself, the neighbors usually see her walking Rascal every morning, but instead she is just letting him out in the yard.
I am concerned that she is feeling the holiday blues, so I am planning on making the trip earlier than expected. I am not sure if this is a seasonal thing, or if she is feeling lonely and isolated since my dad passed away, since she typically does a good job hiding her true emotions from us. What should we look out for when we visit with mom? And do you have any suggestions for what we can do if she is experiencing loneliness? Thanks for your help!
A. Recently, The New York Times published an article about the epidemic of loneliness among older adults and the effects that social isolation has on overall health and well-being. If your mom is experiencing loneliness, research has shown that it is a major risk to healthy aging, and is linked to a decline in mobility, decrease in cognitive function, depression, and early death. So, you are right to be concerned!
Seniors living independently often respond with a mix of stress and excitement around the holidays. While excited to see family, they may also be careful to hide physical deterioration, memory loss, and sad feelings. Therefore, it can be difficult to know if your mother is truly in need or feels depressed, lonely, or isolated. The cheer is typically up, spirits are high, and often times the people we know the best are the hardest to read.This is why it is wise that you are visiting a little early, before the holiday festivities begin.
Loneliness during the holidays
For many older adults, the holidays (which are supposed to be a happy time) are a time that has grown to represent sadness. Whether it is because family members and loved ones have passed away, an incapacitating illness, or just an overall lack of social interaction, this is the time of year when severe loneliness can set in.
One of the most important things you can do to help combat elder loneliness during the holidays is to understand the condition and its signs, as follows:
•A lack of interest in things that used to bring joy;
•A sudden change of disposition, often going from cheerful to mean or sad;
•An abrupt change in eating habits;
•Further isolation from friends and family members;
•A severe lack of interest in social interaction;
•A severe change in sleeping habits (such as sleeping too long);
•Verbalizing their hatred of the holiday season.
What Can You Do to Help?
While it might sound simple, just spending some extra time with your mother can make a huge difference during the holidays. When you’re dealing with an older adult who feels isolated and depressed, the key is to make them realize just how needed and special they truly are.
One way to make your mom feel better is to include her in as many activities as possible, as it can give her a great self-esteem boost. No matter how simple the task, if you can provide her with a purpose, it will have a great impact. With a little pre-planning, appropriate adjustments to favorite old traditions can be made (or new traditions started) that the whole family can enjoy together. Allowing your mother to be a part of this planning will help make the occasion happier for everyone. Here are some ideas of ways you can include mom:
- Play holiday music. Put on a festive CD or gather around the piano for a holiday sing-along.
- Share memories. The holidays are a great time to reminisce, and older family members often love to share stories. Engage them in a trip down Memory Lane. If you’re a past or current client of ours, you can help create “Memory Lane” using the Legacy Stories computer program and app.
- Write Legacy Stories. Using the Legacy Stories Website and mobile App, you can compose, organize, preserve, and share your legacy stories with your own Legacy Story Blog. This is the ideal solution to preserve and share your heirloom recipes, family traditions, legacy letters, poetry, wishes for the future, wisdom statements, and life lessons and values. living arrangements for your mother, such as assisted living, shared living, or a senior community, and to have conversations with your family when they are all together for the holiday.
Remember, it is always prudent to plan ahead in the event that assisted living or nursing home care is needed in the future. Life Care Planning and Medicaid Asset Protection is the process of protecting your assets from having to be spent down in connection with entry into a nursing home, while also helping ensure that you or your loved one get the best possible care and maintain the highest possible quality of life, whether at home, in an assisted living facility, or in a nursing home. As always, please contact us when you’re ready to make an appointment for a no-cost introductory consultation:
Fairfax Elder Law: 703-691-1888
Fredericksburg Elder Law: 540-479-1435
Rockville Elder Law: 301-519-8041
DC Elder Law: 202-587-2797
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Posted by admin on December 9, 2016 · Leave a Comment
Dear Commander Bun Bun,
Every year, I find it hard to find gifts for my grandparents. I used to buy books for them, but their eyesight is declining. Do you have any suggestions you can share?
Thanks!
Chris Mass-Giffs
—-
Dear Chris,
Grandparents are special and they play a major role in our lives, so they deserve thoughtful holiday gifts. This year, you can surprise them with the unexpected. Here are some gift ideas that are sure to make grandma and grandpa smile:
•Custom neighborhood map coasters: Whether each of their kids lives in a different neighborhood or they’ve moved around over the years, this custom neighborhood map coaster set is a unique way to reflect this family history.
•A place to pass on a unique family legacy: If Grandma or Grandpa is known for their advice and amazing stories, Legacy Stories offers a unique place to record these priceless messages. If you’re a past or current client of ours, you can use the Legacy Stories computer program and app.
•A family cookbook for secret recipes: This special cookbook not only allows grandparents to keep track of their family’s favorite recipes but also gives space for them to include photos, tips, and notes for future generations. Legacy Stories is also an ideal solution to preserve and share heirloom recipes, as well as family traditions, legacy letters, poetry, wishes for the future, wisdom statements, and life lessons and values, and more. Learn more.
•Silver USB cufflinks for the tech-savvy grandpa: This might be the coolest gadget that Pop has ever seen, and it might even blow his mind — silver USB cufflinks. You can’t get much fancier than that!
•A classic home portrait: Because there’s no place like Grandma’s house . . . have her home (complete with holiday decor!) rendered as a custom illustration by artist Phil Thompson.
•A world travel journal for grandparents who like to travel: they can chronicle their journeys near and far in this sophisticated World Travel Journal now, and they’re guaranteed to become a family heirloom later. Legacy Stories is also a great place to record your exciting travels and capture memories that you can pass on to future generations.
•An iPad Air 2 cover and keyboard for the connected grandparents: Take Grandma and Grandpa’s love of the iPad to the next level with an accessory that makes it even easier for them to use: an iPad keyboard and cover.
Hop this list is helpful and your grandparents enjoy their gifts, and that your family has a happy and healthy holiday!
Yours Truly,
Commander Bun Bun
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Posted by admin on December 8, 2016 · Leave a Comment
Kate has been experiencing sharp pain in her left thigh for a couple of weeks. She is a busy caregiver, who doesn’t feel like she has the time to go to the doctor for herself. She attributes the pain to lifting her father into his wheelchair, or possibly stress, or the aches and pains that accompany getting older.
Similar to Kate, many of us shrug off pain, make excuses for it, or ignore it altogether. Often we’re right, but sometimes our bodies are trying to tell us something.
Kate in our example was sure her thigh pain was a sign of routine wear and tear. Little did she know that it could actually be a symptom for something much more serious, such as a bone tumor.
Red Flags to Watch For
Not all aches and pains indicate the presence of disease, of course. But we need to be aware of the potential correlation between pain and illness. These are some red flags to look out for, that could indicate you need to seek medical assistance:
- Pain between shoulder blades is common in women, as is jaw pain, shortness of breath and nausea. If you have these symptoms (you’ll likely have more than one), you need care ASAP as they could be the sign of a heart attack.
- Headaches: Most of us have experienced mild or moderate headaches, and usually an over the counter pain medication makes the pain go away. But if you have the worst headache of your life and it comes on suddenly, call 911, as it could be bleeding in the brain due to a ruptured aneurysm. Don’t take aspirin for such a sudden, intense headache — it can increase the bleeding.
- Chronic left- arm pain could be a sign of heart disease, says Dr. Craig Radnay, an orthopedic surgeon in New York. • Severe right-lower stomach pain could be associated with appendicitis, says Dr. Radnay.
- Upper right-quadrant pain can indicate gall bladder disease.”
- Lower back pain can be a sign of kidney infection or kidney stones, or a peptic ulcer.
- Pain in the jaw muscles after exercise could be a symptom of angina, a condition in which an area of your heart muscle doesn’t get enough oxygen-rich blood, triggering pain or discomfort, usually in the chest.
- Jaw discomfort could also indicate an inflammatory vascular condition such as temporal arteritis, which affects the blood vessels that supply the head area.
Most muscle strains will heal within a few days or several weeks, Radnay says. But it’s still important to have pain evaluated — quickly if pain is severe or you feel numbness. Even if the pain is relatively mild, you should see a doctor if it lasts more than two or three weeks. Delayed diagnosis and treatment could lead to prolonged disability. So listen to your body when it tries to tell you something. And remember, if you are a caregiver, it is of utmost importance to care for yourself also. A quick trip to the physician can help ease your mind — and your pain.
Chronic Pain
Chronic pain, or pain lasting more than three to six months, affects 100 million adult Americans, according to a report from the Institute of Medicine. Chronic pain can be from mild to excruciating, episodic or continuous, inconvenient or incapacitating.
Chronic pain may originate with an initial trauma/injury or infection, or there may be an ongoing cause of pain. The most common sources of chronic pain include headaches, joint pain, pain from injury, and backaches. Other kinds of chronic pain include tendinitis, sinus pain, carpal tunnel syndrome, and pain affecting specific parts of the body, such as the shoulders, pelvis, and neck. Generalized muscle or nerve pain can also develop into a chronic condition.
Symptoms of chronic pain include:
- Mild to severe pain that does not go away
- Pain that may be described as shooting, burning, aching, or electrical • Feeling of discomfort, soreness, tightness, or stiffness
- Fatigue
- Sleeplessness
- Withdrawal from activity and increased need to rest
- Weakened immune system
- Changes in mood including hopelessness, fear, depression, irritability, anxiety, and stress.
There is considerable evidence that unrelenting chronic pain can suppress the immune system, so it’s important to treat chronic pain as your physician suggests, and possibly via alternative therapies and treatments, including acupuncture, nutritional supplements, massage, chiropractic therapies, certain herbal therapies, and Reiki.
Reiki to Treat Chronic Pain and Other Diseases
Reiki is one of many types of energy-based healing practices. By placing hands on specific parts of your body or even just positioning hands slightly above your body, a qualified Reiki practitioner can help bring relief to your chronic pain and other diseases, and make you feel better than you have in years. In alternative medicine, Reiki is a treatment in which healing energy is channeled from the practitioner to the patient to enhance energy and reduce stress, pain, and fatigue. Reiki works by opening up a channel between healer and patient to transfer universal energy into the recipient to help “jump start” the natural healing abilities of the recipient’s own body. In other words, a Reiki practitioner helps the Reiki recipient restore the recipient’s body both physically and mentally.
Attend the Farr Law Firm Holiday Open House and Help Support Reiki for Elders
ROSE (Reiki Outreach Services for Elders) is a 501(c)(3) non-profit organization dedicated to helping elders with the healing power of Reiki. ROSE serves as a bridge between volunteer Reiki practitioners and elders in senior-serving communities. Please drop by the Farr Law Firm Holiday Open House on December 10 from 2-5 where we will have a Silent Auction for the benefit of ROSE. Please click here to RSVP.
Fairfax Elder Law: 703-691-1888
Fredericksburg Elder Law: 540-479-1435
Rockville Elder Law: 301-519-8041
DC Elder Law: 202-587-2797
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