Critter Corner: I Don’t Want Your Vacation Home, Mom!
Dear Commander Bun Bun,
My mother just did her estate planning and she told me she will be leaving us her vacation home. My father is deceased, and I am an only child. Despite her generosity, my family doesn’t want the home, and we told her that in the nicest way possible, but she still insists on leaving it to us. The reason we don’t want it is that there are annual home-owners fees we would have to take on, constant maintenance since it’s an older home, and it’s so far away from us, we will likely never use it. How do you suggest I handle this situation?
Thanks!
Don Wannit
—-
Dear Don,
Parents often work hard to purchase a vacation home and cherish the idea of keeping it in the family, so their children and their children’s children can travel and enjoy the benefits.
I would suggest you broach the subject again in gentle way. Estate planning documents can be modified if your mother changes her mind.
If your mother insists on leaving you the house, here are some things you can do:
Rent it out:
Make the house a vacation rental to generate income.
Since you are far away, you might need to hire a property management firm, which can cost between 10-30% of the rent, but it can still be worthwhile having the extra income.
Turning the home into a rental provides a big tax benefit, too. The depreciation expense will serve to reduce your taxable rental income. For tax purposes, the house (not the land) is considered a depreciable asset and a certain percentage of its value can be deducted annually. You can also depreciate improvements, like a new roof, provided they add value or will extend the property’s life.
Sell it:
If the house becomes too much to handle and you really can’t do it anymore, you may have no better option than to sell it. However, selling an inherited house isn’t easy. There’s the financial cost of making necessary updates to attract buyers. You will need to take steps to learn the market, educate yourself and have a Realtor who is reliable. You need someone who is going to be empathic and is there to help.
Expect an Emotional Process
The process of renting or selling your family’s vacation home is likely going to be emotional, from the sorting of the personal belongings to the finalization of the sale at the closing table. Expect that, and surround yourself with professionals who will be empathetic and helpful.
For your own estate planning needs, be sure to call an experienced elder law attorney, such as Evan Farr.
Hop this helps!
Commander Bun
Part 2 of 2: Natural Remedies for Dementia
Dementia is a devastating disease. Most of us have seen or experienced the toll on families that comes with caring for someone with Alzheimer’s disease or other forms of dementia. Currently, there are an estimated 8.5 million family members providing dementia care at home and, with no cure on the horizon, this number is expected to rise sharply.
Although there is no cure, when it comes to dementia (including Alzheimer’s and other forms), research shows that when more formal pharmaceutical treatments are complemented by natural remedies and healthy habits, greater improvement can often be seen. As described in Part 1 of this article, it has been shown that some of the most effective home remedies for dementia include the use of certain food products such as ginseng, salvia, bananas, and more, as well as behavior changes, including breaking routine, creative stimulation, Reiki, meditation, and aromatherapy. Today, we’ll look at some additional natural remedies that are still natural, but are more “medicinal” in nature because you typically take them in a pill form, including vitamin B12, ginkgo, fish oil, club moss, turmeric and, perhaps most surprisingly, lithium.
Please note before reading: As I mentioned previously, these natural remedies are intended to boost quality of life and delay or slow the progression of dementia; they are not a cure. As always, ask your doctor before starting any natural remedies, as even natural remedies can have unwanted side effects such as negative impact on the liver and kidneys.
Club Moss: This popular Chinese herb has long been trusted to improve cognition, and research studies have shown a 50% improvement in cognitive performance and memory in those patients taking regular club moss supplements.
B12 Supplements: If you are suffering from younger-onset dementia, there is a good chance that you are also suffering from a B12 deficiency, which can be easily fixed by supplements, or by consuming foods like sardines, shrimp, tuna, beef, and yogurt!
Ginkgo is one of the oldest and most trusted natural remedies for dementia and Alzheimer’s. It has been shown in numerous research studies that ginkgo is able to increase circulation within the brain and boost short-term memory. Ginkgo biloba supplements are some of the most popular herbal remedies for cognitive function in the world.
Fish Oil: Omega-3 fatty acids are the “good” cholesterol that is so often overlooked when pursuing total health. These beneficial fatty acids can prevent brain lesions, which are often precursors or causative elements behind dementia, so don’t be afraid of taking a fish oil supplement, which is rich in omega-3s, when you’re feeling a bit fuzzy.
Turmeric: You might expect rates of dementia to be similar across the world, but in fact, India has a significantly lower rate of dementia than other parts of the world. The high prevalence of turmeric in their diet may have something to do with this, as it has been shown to block the creation of meta-amyloid, which is the source of plaque in the brain that compounds the issues of dementia.
Lithium and Dementia
Despite lithium’s main reputation as being a drug used to treat bipolar disorder, it is actually a natural occurring mineral – related to sodium and potassium – and low doses of this mineral are generally considered safe and can have significant cognitive benefits, as well as many other health benefits.
According to Dr. Edward Group, DC, NP, DACBN, DCBCN, DABFM, “most people are unaware that lithium is a naturally occurring mineral from the earth. Just like calcium and potassium, lithium is something that every human body requires.”
Dr. Jonathan V. Wright of the Tahoma Clinic explains in a two-part series that lithium is a Misunderstood Mineral. He says “The biggest problem with lithium treatment is people’s perception of it. Since its most well known use is for bi-polar disorder, lithium sometimes encounters the same stigma as mental illness itself.”
According to Davangere Devanand, M.D., director of the geriatric psychiatry program at Columbia University, in an interview with Psychiatric News, “More recently there has been some preliminary evidence that low doses of lithium may have beneficial effects on cognition in patients with mild cognitive impairment and Alzheimer’s disease, though the findings are not yet consistent and have been obtained in small samples.”
In a recent study, Davanand and colleagues from the Department of Psychiatry at Columbia University and the Ernest Mario School of Pharmacy at Rutgers University conducted a large-scale, retrospective study of patients with bipolar disorder. As the group reports in the study published last month in the British Journal of Psychiatry, lithium treatment was associated with a decreased risk for dementia in patients with bipolar disorder, the opposite of what the scientists originally expected.
To conduct the study, the team gathered clinical data from 27,700 Medicaid and Medicare enrollees aged 50 and older with bipolar disorder who did not receive dementia-related services in the past year. Lithium use at various doses was observed in 6,900 patients who had multiple follow-up visits within a given year.
Each visit, including the initial day of prescription, was categorized by duration of lithium exposure within that year. The categories included no exposure to lithium (0 days), sporadic exposure to lithium (1 to 60 days), intermediate exposure to lithium (61 to 300 days), and continuous exposure to lithium (301 to 365 days). Patients who used anticonvulsive therapy (20,788) as treatment for bipolar disorder were used as negative controls.
The results showed that increasing the duration of lithium exposure in the past year was associated with a gradual decrease in the incident rate for dementia. In fact, continuous exposure to lithium was statistically significant in reducing the risk of dementia by 44% when compared with patients in the group that had no lithium exposure.
“The results suggest that long-term lithium use may have beneficial effects on cognition and may be potentially worth testing in patients with cognitive disorders like mild cognitive impairment and Alzheimer’s disease in the future,” said Devanand.
Other studies include one by doctors at Wayne State University (Detroit), reported in report in the Lancet in October 2000 that lithium has the ability to both protect and renew brain cells. Eight of ten individuals who took high dose lithium showed an average 3 percent increase in brain grey matter in just four weeks.
Another group of researchers reported in the journal Neuroscience in 2003 that lithium enhances nerve cell DNA replication – actually generating entirely new cells.
Dr. Wright cautions that “The Wayne State study used high-dose lithium, but . . . prescription quantities of lithium just aren’t necessary for ‘everyday’ brain cell protection and re-growth.” He also states that “Studies done years ago have shown that very low amounts of lithium can also measurably influence brain function for the better.”
So, if you’re interested in keeping your brain as young as possible for as long as possible, lithium therapy may be a consideration for you. High-dose lithium is available only by prescription. But low-dose lithium is easily available from most natural food stores and from Amazon.com and other online retailers. The most recommended form of low-dose lithium is lithium orotate.
Dr. Group says that low-dose lithium orotate may also:
- Protect the body from toxins, particularly in the grey matter of the brain
- Promote normal white blood cell count
- Support liver health
- Stimulate general well-being
- Encourage normal thyroid health
- Prompt mental balance and a good mood, and
- Support eyesight
Be sure to review the information about lithium and the other natural remedies described with your own doctor or with a physician that is skilled and knowledgeable in nutritional and natural medicine before taking them.
Considering taking a vitamin or supplement to treat dementia?
WebMD offers a list of common natural remedies used to treat or reduce the symptoms of dementia, with information about effectiveness, and links to read about common uses, side effects, and dosage details here.
Do you or a loved one have Alzheimer’s or another form of dementia?
Controlling the high costs of caring for a loved one with Alzheimer’s, and navigating the emotionally and physically demanding requirements of caregiving, require the assistance of a highly skilled and specialized expert in the field of Alzheimer’s Planning. 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. Please call us as soon as possible to make an appointment for a no-cost consultation:
Fairfax Alzheimer’s Planning: 703-691-1888
Fredericksburg Alzheimer’s Planning: 540-479-1435
Rockville Alzheimer’s Planning: 301-519-8041
DC Alzheimer’s Planning: 202-587-2797
An Enduring Challenge: Competency and the Dueling Powers of Attorney
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship & Elder Care Attorney
A resident was place in an assisted living memory locked unit by his son. He (the resident) has a girlfriend of long standing (10 years). The son has told the management of the facility that the girlfriend is not permitted to visit with the resident.
In response, the girlfriend contacted the Ombudsman’s office and was told that the son had the authority under the father’s Power of Attorney (DPOA). My understanding from the Director of the facility is that the Ombudsman is currently investigating the situation and until they complete their review, they are allowing the son’s decision based on the DPOA to stand for the time being. I have not seen the document.
The resident was placed in assisted living after a short stay at a Psychiatric Hospital because of an altercation at a prior nursing home. I’m not sure of the resident’s mental capacity. I suspect he had a drinking problem that is causing his present cognitive issues. The resident is capable of arguing politics and defending his decision. He is repetitive but articulate and remembered why he called me. He told me that I should tell the front desk that I am his attorney or they will not let me in. The resident never wanted placement in any facility and I think his behavior reflects that.
Unless I get a capacity examination on him (which he is currently refusing), I don’t think he can support revoking the DPOA. If the resident revokes the DPOA without proof of capacity, it would force the son to file for a guardianship, which he could do even if I had a doctor’s report that found capacity. He has repeatedly asked his son for his financial records and the son has not provided them. He is angry that his girlfriend isn’t permitted to visit with him. Does the girlfriend have any legal recourse?
In a reported decision (The matter of the Estate of Ann F. McNierny, an Adjudicated Incapacitated Person, 2010 N.J. Super. (Ch. Div. 2010) the Superior Court of New Jersey, Chancery Division held that a court appointed guardian had the authority to control the visitation rights of an incapacitated person.
In the McNierny decision the plaintiff was adjudicated an incapacitated person, and 2 of her 5 children were appointed as co-guardians. She was admitted to an assisted living facility. A son, would often visit mom at the facility. These visits became a problem, as mom became upset every time that her son would visit. In order to keep these issues at a minimum, the co-guardians set out a supervised visitation schedule for the son’s visits. The son totally disregarded this visitation schedule. As a result, the co-guardians asked the facility to deny him access. The son filed a complaint with the Office of the Ombudsman for Institutionalized Elderly. The investigator found that the mom welcomed visits from her son and that his visits were not disruptive. The investigator further concluded that the co-guardians lacked authority to deny the son access to the mother.
The co-guardians filed a complaint in Chancery Court, claiming that they had the requisite authority to control the visitation rights of mom.
Under New Jersey law general guardian has the right to exercise powers of the incapacitated person except as limited by a judgement. N.J.S.A. 3B:12-24.1; N.J.S.A. 3B:12-48. There were no limitations placed on the co-guardians in this case. The co-guardians had the authority to make all decisions on behalf of their ward, but must defer to the ward’s preferences if not contrary to the ward’s best interest. This right of self-determination must be balanced against the ward’s best interests.
The Court held that, as a general proposition, guardians have the authority to exercise their discretion in denying visitation rights. The Court also found that the Office of the Ombudsman for Institutionalized Elderly unreasonably interfered with that authority. In the event a party is aggrieved by their decision, he or she has the right to seek redress in Chancery Court.
So what is to be done? On thought is to assume an adult has legal capacity until demonstrated otherwise.
If legal council meets with the resident and believes that the client has capacity, he may revoke the DPOA and sign a new one appointing the girlfriend. Sure, it would be nice to have a capacity evaluation by a medical professional to substantiate his/her legal determination. However, I do not believe that such a report is always necessary in order for a person to revoke an existing DPOA if you have made that legal determination upon interviewing a client that he/she has capacity to sign a new POA.
But realize that doing so it will likely result in a guardianship application.
I also do not always agree (with the Ombudsman) that a DPOA has the authority to prevent visitation by the girlfriend if the Resident is saying that he wants to see her. A POA serves at the pleasure of the appointing individuals as his “agent” and has an obligation to follow the instructions of the appointing individual.
Comparatively, the guardian (once appointed) has “substituted judgement” and can control visitation (subject to the expressed preferences of the ward and any carve outs in authority granted to the guardian in the judgment).
To discuss your NJ Guardianship & Elder Care 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.
When They Ask if You Can Hear Them, Say “No!”
Q. I think my mother was the victim of a scam. She had some suspect charges on her credit card last month for more than $500, and was quite upset when the bank called and told her that her bank card was compromised, as well. I asked her if she gave her credit card number to anyone, and she said no, but a kind gentleman called her from a mortgage company, and asked her if she could hear him. She is sensitive about her hearing, since she is 80 and wears a hearing aid, so when asked, she of course said “Yes.” I wonder if this call had anything to do with her credit card being charged fraudulently? She also mentioned that the “IRS” called her recently demanding payment, which doesn’t sound right to me. Have you heard about any scams like this that are targeting seniors? Thanks for your help!
A. National Consumer Protection Week was recently observed in the United States. During this time of year, we realize that consumer education helps keep seniors and all Americans informed while providing them with resources to explain their rights and protections. It is also a time when information about scams comes to light and, unfortunately, what you described are scams that are affecting a lot of people in our country, and many of them are seniors.
What likely happened to your mother when the “man from the mortgage company” called is a scam known as “cramming,” and it has become more prevalent recently. In fact, last week, FCC Chairman Ajit Pai published a column on what he called an “explosion” of robocalls. He reports that American consumers received about 29 billion robocalls in 2016—or roughly 230 calls per household.
According to complaints the FCC has received and public news reports, the fraudulent callers impersonate representatives from organizations that provide a service and may be familiar to the person receiving the call, such as a mortgage lender or utility, to establish a legitimate reason for trying to reach the consumer.
The scam begins when a consumer answers a call and the computer (sounding like a real person) at the end of the line asks, “Can you hear me?” The robocaller computer then records the consumer’s “Yes” response and thus obtains a voice signature. This signature can later be used by the scammers to pretend to be the consumer’s authorization of fraudulent charges via telephone. A slight variation of the strategy involves a robocaller saying, always after a short delay, something like “Oh, I’m sorry, I was having trouble with my headset. Can you hear me now?”
The FCC warns that if you receive this type of call, immediately hang up. In fact, if you receive any type of call where you say hello and the caller on the other end does not immediately respond, that means it is a robocall and you should immediately hang up. If you have already responded to this type of call, review all of your statements such as those from your bank, credit card lender, or telephone company for unauthorized charges. If you notice unauthorized charges on these and other types of statements, you have likely been a victim of “cramming.” Anyone who believes they have been targeted by this scam should immediately report the incident to the Better Business Bureau’s Scam Tracker and to the FCC Consumer Help Center.
IRS – Impersonation Telephone Scams
You also mentioned that your mother was called by the “IRS.” This sounds like a phone scam that has been targeting taxpayers during this time of year. Callers claim to be employees of the IRS, but are not. These con artists can sound convincing when they call. They use fake names and bogus IRS identification badge numbers. They may know a lot about their targets, and they usually alter the caller ID to make it look like the IRS is calling.
Victims are told they owe money to the IRS and it must be paid promptly through a pre-loaded debit card or wire transfer. If the victim refuses to cooperate, they are then threatened with arrest, deportation or suspension of a business or driver’s license. In many cases, the caller becomes hostile and insulting. Or, victims may be told they have a refund due to try to trick them into sharing private information. If the phone isn’t answered, the scammers often leave an “urgent” callback request.
Your mother and others should know that the IRS will never:
• Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer. Generally, the IRS will first mail you a bill if you owe any taxes.
• Threaten to immediately bring in local police or other law-enforcement groups to have you arrested for not paying.
• Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
• Ask for credit or debit card numbers over the phone.
Be on the Lookout for Telephone Scams
Consumers should always be on alert for telephone scams. The following tips can help you and your loved ones ward off unwanted calls and scams:
• Don’t answer calls from unknown numbers. Let them go to voicemail.
• If you answer and the caller (often a recording) asks you to hit a button to stop receiving calls, just hang up. Scammers often use these tricks to identify, and then target, live respondents.
• If you receive a scam call, write down the number and file a complaint with the FCC so they can help identify and take appropriate action to help consumers targeted by illegal callers. You should also block that number from calling you in the future. This is easily done on most cell phones. For instance, on an iPhone, simply go to your “recents” caller list, click on the little “i” to the right, and then click “Block this Caller.”
• Ask your phone service provider if it offers a robocall blocking service. If not, encourage your provider to offer one. You can also visit the FCC’s website for information and resources on available robocall blocking tools to help reduce unwanted calls. As an example, to block anonymous calls on your iPhone, where the Caller ID says “Unknown Caller” or “No Caller ID,” then first create contacts and then block calls from those contacts. The contacts should be called “Unknown” as the first name and “Caller” as the last name, and “No” for the first name and “Caller ID” for the last name.
• As explained above, if you receive any type of call where you say hello and the caller on the other end does not immediately respond, hang up.
• Consider registering all of your telephone numbers in the National Do Not Call Registry, not that this actually helps against fraudulent robocallers
At the Farr Law Firm, we encourage you to stay informed about these 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.
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 us as soon as possible to schedule your 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
Critter Corner: Financial Scams Targeting Seniors
Dear Ribbit,
My sister lives alone, and she is a very trusting person. I am constantly afraid someone will take advantage of her. Do you know what some of the common scams that are targeting seniors today are, so I can tell her what to watch out for?
Thanks for your help,
Lee Vaherr-Alonne
——
Dear Lee,
Financial scams are devastating to many older adults and can leave them in a very vulnerable position. According to the National Council on Aging, these are some of the most prevalent financial scams today:
1. Medicare/health insurance scams: 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.
2. Counterfeit prescription drugs: Counterfeit drug scams operate on the Internet, where seniors increasingly go to find better prices on specialized medications. The danger is that besides paying money for something that will not help a person’s medical condition, victims may purchase unsafe substances that can inflict even more harm.
3. Funeral & cemetery scams: The FBI warns about two types of funeral and cemetery frauds perpetrated on seniors. In one approach, scammers read obituaries and call or attend the funeral service of a complete stranger to take advantage of the grieving widow or widower. Claiming the deceased had an outstanding debt with them, scammers will try to extort money from relatives to settle the fake debts.
4. Telemarketing/phone scams: One of the most common scams is when scammers use fake telemarketing calls to prey on older people, who as a group make twice as many purchases over the phone than the national average. One example is when money is solicited for fake charities. This often occurs after natural disasters.
5. The grandparent scam: Scammers will place a call to an older person and when they pick up, the scammer will pretend to be a grandchild, and will usually ask for money to solve some unexpected financial problem (overdue rent, payment for car repairs, etc.), to be paid via Western Union or MoneyGram, which don’t always require identification to collect.
Hop this is helpful and that your sister doesn’t get targeted for any scams. To report a scam, AARP ElderWatch offers a list of contacts.
Ribbit
Combining Efforts Can Be a Win for Tenants Across the Country
Inaccuracies in records and discriminatory renting practices that haunt tenants for years might be meeting their match from a joint effort
In many states, including Virginia, property management firms—particularly those which operate large, multi-family rental complexes—conduct background checks on prospective tenants and will deny admission to applicants who have been previously sued for eviction. Frequently these properties do not take the circumstances or outcomes of applicants’ eviction records into account, but will simply refuse admission to any applicant ever named as a defendant in an eviction matter, even if the case was dismissed. As the founder of one of the largest U.S. tenant-screening companies (On-Site Manager, Inc.) once told the New York Times, many landlords prefer to reject applicants with eviction records “no matter what the reason is and no matter what the outcome is, because if their dispute has escalated to going to court, an owner will view them as a pain.”
Blanket polices barring admission to those who have ever been sued for eviction are most common in communities offering the greatest opportunity—i.e., those with high-performing public schools, good employment options, effective public transportation, and other characteristics that give residents the best chance to thrive economically and socially. Categorically excluding applicants with eviction records from rental opportunities in these areas reinforces cycles of poverty and patterns of economic isolation.
Policies of this kind also have a distinct effect on women and racial minorities, as studies from numerous U.S. cities have consistently shown that people sued for eviction are more likely to be women, to be people of color, and to have children in their households.
For this reason, unconditional bans on tenants with eviction records almost certainly violate the Fair Housing Act—the 1968 federal law which prohibits discrimination in housing because of race, color, sex, and certain other characteristics. As the U.S. Department of Housing & Urban Development and numerous federal courts—including the United States Supreme Court—have interpreted the Act, a policy may not openly discriminate on an illegal basis (such as race or sex) but is nevertheless unlawful if that policy has a disproportionate negative effect on a protected group and is not necessary to achieve some important business-related interest. Denying housing to all applicants who have ever been sued for eviction cannot be justified under this standard because, while landlords have a legitimate interest in avoiding unsuccessful tenancies, not every tenant with an eviction record is unlikely to be a good tenant.
Despite their probable illegality, no court has yet heard or ruled on a fair housing challenge to the blanket denial of housing to people with eviction records—and such policies remain in widespread use. That is why the Virginia Poverty Law Center has joined together with the ACLU Women’s Rights Project, the ACLU of Washington, and the Northwest Justice Project to bring the first such lawsuit. The case of Nikita Smith v. Wasatch Property Management, Inc., filed on March 29, 2017, in the U.S. District Court for the Western District of Washington, challenges a multifamily housing provider’s policy of categorically denying admission to rental applicants with unlawful detainer (i.e., “eviction”) records under the Fair Housing Act, due to the discriminatory impact of that policy on African-American women. As the first case to hear such a claim, the court’s decision will likely have strong influence on how this critical issue is decided in Virginia and other jurisdictions nationwide.
The lawsuit does not aim to prevent landlords from using eviction records in rental admissions altogether. But, if successful, the case could establish that before a residential landlord may turn down a rental applicant because of an eviction record, the landlord must first consider the specific circumstances and determine whether that eviction record truly suggests the applicant would not be a good tenant. A favorable outcome would mark important progress in protecting the rental housing opportunities of wrongfully-sued tenants, would give those who have experienced eviction a better chance at returning to quality rental housing once their ability to pay rent and fulfill lease terms has improved, and would chip away at a major practical impediment to building more inclusive communities where all families can aspire to self-sufficiency and healthy, fulfilling lives.
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