Elder Abuse Scams – 3 Red Flags

Apr 27, 2012  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law, Estate Planning, Financial Planning

Red Flag 1: You must act now.

Con artists often use a false time pressure in order to try to get you to agree to a deal that you otherwise would never consider. If someone is offering you a limited time offer, or tells you that you must act immediately or you will miss the opportunity of a lifetime, simply walk away. The false time pressure is a tool specifically designed to get you to not think and to give in to your instincts, which are usually wrong.

Red Flag 2: Keep it quiet.

A legitimate advisor is not in the business of keeping his or her success secret. If someone offers you a deal and tells you that you have to be secretive about it or that you must not tell your family, this is an immediate warning sign. The legitimate offer is one that will stand up in the harsh light of scrutiny, while illegitimate ones will scatter like cockroaches once you shine a light on them.

Red Flag 3: A free weekend getaway.

The use of a free item to induce you to listen to an offer is also a common trick. Be very careful about accepting offers for free meals, free weekend getaways, or similar prizes. While the prizes are real, the high-pressure sales tactics that often accompany them are also very real and can lead to disastrous outcome.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

Elder Abuse Risks With In-Home Caregivers

Mar 28, 2012  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law, Estate Planning

As an estimated 10,000 or more Americans reach the age of 65 every day, the potential threat of elder abuse becomes more and more pronounced. Though incidents of abuse are not as widely reported as those of domestic violence, it’s estimated that about one in 10 elderly people will suffer some kind of abuse at some point in their lives. Those who are under the care of at-home caregivers are especially at risk, given that the caregiver is around the elderly person more often than most other people. Here are a few warning signs you can look out for if you are concerned about an elderly person who may be suffering from elder abuse.

Physical signs. Elder abuse comes in many forms, and can often leave clear physical signs. Intentional abuse can result in bruises, unexplained injuries, repeated trips to the hospital and injuries that appear on both limbs simultaneously. Physical abuse can also come in the form of neglect, which can result in signs such as disheveled appearance, unsanitary living conditions, malnutrition and dehydration, as well as inappropriate clothing for the weather conditions.

Emotional signs. The shame and stigma that accompanies elder abuse is often very powerful, preventing the elderly from speaking out. This will affect the person’s emotional state, often resulting in unexplained emotional outbursts, decreased interest in activities and symptoms that also appear in dementia patients, such as rocking, finger sucking or mumbling.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

Talking To Aging Parents About Money

Mar 09, 2012  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law, Estate Planning, Financial Planning

For an aging parent, the change from being independent and caring for others, to becoming someone who relies on others on a daily basis, is often fraught with highly charged emotions and difficult transitions. When you add the difficult topic of money to the mix, bringing up financial discussions with your aging parent can sometimes feel almost impossible. Let’s look at several tips you can use in order to have a positive discussion about the topic.

Tip 1: Set out your desires. When you confront an aging parent about money, parents can often feel cornered or accused, causing them to shut down or be defensive. Take some time to sit down and reflect on why you want to talk about finances and what your concerns are about your parents. Write these down so you can later bring them up and couch the discussion in terms of your concern.

Tip 2: Ask, don’t order. The loss of independence that elderly people face is often more daunting than any medical condition or other change in lifestyle. When you bring up financial concerns, it’s important to raise them as questions and not appear as if you are giving parents an order or making demands.

Tip 3: Recognize the parent’s feelings. Often, a simple phrase such as “it must be difficult to think that you have to rely on your children after so many years of looking after us” can establish empathy and sympathy with your parent.  As long as your parents understand that you are considering his or her feelings, this can go a long way to making the discussions easier.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

When a Parent Dies And Leaves Behind a Full House – 3 Tips

Mar 07, 2012  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law, Estate Planning

While your parent may have an estate plan that covers the big financial concerns of who gets an inheritance and what happens to the house, what about all the personal property that has accumulated over the years? There isn’t always clear guidance about what should happen to the kitchen appliances, the furniture, photo albums and all the other stuff that we all have. If you’re feeling overwhelmed by the accumulated possessions your parent has left behind, there are some practical steps you can take to help you deal with the situation.

  • Tip 1: Don’t procrastinate. While you shouldn’t make a mad rush to dispose of all the personal property, you shouldn’t let the issue wait for too long. The longer it remains, the more costs you’ll incur and the more stress it will cause.
  • Tip 2: Use care with heirlooms. Some of the simplest, mundane property can lead to conflicts between family members, so it’s important to hand out heirlooms with care. Talk with your siblings about who wants what and try to accommodate everyone’s wishes.
  • Tip 3: Get help. If you’re a long way away from the home or don’t have the time, you can often hire an estate liquidation company or similar service to help you. These companies will set up an estate sale and take a percentage of the sale as payment. You may also be able to hire an auctioneer or appraiser to dispose of more valuable items.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

Preventing Elder Abuse: 3 Essential Tips

Feb 29, 2012  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law, Estate Planning, Incapacity Planning

Tip 1: Plan Ahead. Many of the issues associated with elder abuse can be dealt with in advance by creating a comprehensive estate plan. For example, estate plans typically include provisions that allow you to pass your decision-making rights to others through a power of attorney. If you create a financial power of attorney, you can allow someone else to manage your finances when you are no longer able to do so.

Tip 2: Stay In Touch. Elderly people often lose contact with friends and loved ones because of their loss of independence. For example, people living in a retirement home may feel isolated because they have much less contact with their friends and family. Once this loss of contact takes place, elderly people often feel as if they have no one to turn to if a problem arises. To combat this it is important to maintain strong and close relationships. Whether you form a group of friends that meets regularly, engage in volunteer work, or simply call your family members on a regular basis, this can go a long way to having access to support and assistance.

Tip 3: Stay Active. Along with keeping an active social life, making sure your own life is full of enjoyable and rewarding experiences can do a lot to prevent abuse. If you begin suffering from depression or feelings of isolation as you grow older, this can lead you to be more vulnerable to those who want to take advantage of you. It can also lead you to be less likely to reach out for help. Staying active and maintaining positive relationships is essential in avoiding elder abuse.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

Is Your Elderly Loved One Okay without Long Term Care?

Oct 19, 2011  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law

If you aren’t with your elderly loved one on an everyday basis, it can be hard to determine if he or she is functioning well without the support of long term care.  It’s important to make sure that all needs are met so that your loved one is safe and happy.  Take a look at the following information to better determine your loved one’s level of care needs.  If you have any questions, or if you’d like to discuss long term care options, contact an estate planning attorney.

As loved ones continue to age, physical and mental health tends to deteriorate.  The next time you visit your loved one, consider the following:

  • Is your loved one able to get around the home?  Does your loved one fall?
  • Is your loved one remembering medical needs such as daily medication needs and regular doctor exams?
  • Is he or she still able to cook and clean?  How does the house look and feel?
  • Is your loved one afraid to ask for assistance or embarrassed to have visitors?
  • Does your loved one have increasing health and medical concerns?
  • Is he or she unable to leave the home?
  • Is your loved one lonely or depressed?  What’s his or her social life like?

These are all issues to consider.  While your loved one may not be ready for full-time long term care out of the home, such as a nursing home, he or she may still have needs that can be met with support.  Home care and assisted living facilities both provide long term care support, while your loved one maintains a high level of independence.

If you’d like help choosing the right level of long term care or discussing long term care with your loved one, consult with qualified estate planning attorney.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

Planning for the Costs of Long Term Care

Oct 07, 2011  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law

If you’re beginning to think about future long-term care, you may feel stressed and overwhelmed.  There are many things to consider when planning for this need.  Taking the time to carefully plan as early as possible will allow you to better handle the costs and provide more choices than if you wait. Take a look at the following information, to better understand this need.  If you have any questions, or if you’d like to discuss long-term care planning, contact an estate planningelder law attorney.

 

It’s important to plan for long-term care as soon as possible after you attain the age of 50 (40 if you have early onset dementia in your family). If you put off long-term care planning, you may be unable to afford the care that you deserve.

 

When beginning to think about future costs, you will need to ask yourself some questions:

 

  • What type of care may I need?
  • What are all of my long-term care options?
  • Should I invest in long-term care insurance?
  • Are there other alternatives to long-term care insurance?
  • What are the typical costs associated with long-term care?
  • What are my options if I can’t afford care?
  • What are my options if I can’t afford long-term care insurance?
  • What if I have to sell my home in order to afford care?

 

These questions can help to stress the importance of planning and researching ahead of time.  It can be surprising and upsetting realizing the true costs of care, especially if you have no plan in place.

 

It’s recommended that you work with an estate planning – elder law attorney.  He or she will be able to guide you throughout the process of planning for long-term care.  You need to make sure that you’re making smart financial and planning choices, so that you’re protected in the future.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

4 Tips for a Successful Long Term Care Discussion

Oct 05, 2011  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law

Talking to your aging parents about the need for lon-gterm care can be upsetting and stressful; it may even seem impossible to approach them on the issue.  However, it’s important that you don’t avoid this topic.  Talking and planning will best ensure that your parents receive the care and assistance needed.  Take a look at the following 4 tips, to help make the discussion easier.  If you have any questions, or if you’d like to discuss long-term care options, contact an estate planningelder law attorney.

 

  • Get the help of an elder law attorney.  An elder law attorney can help guide you through the entire conversation.  He or she can also better explain the facts so that you fully understand all of the options; this can make it easier for you to prepare for the talk with your parents.  Additionally, you can suggest that your parents speak with an attorney about their options.
  • Make sure that you have information available.  When talking to your parents, you should have information ready to present.  This makes it easy to answer questions if they agree to have a discussion. This may include having pamphlets and flyers available for further reading, or you may even suggest that everyone attends a seminar.  These can be ways for your parents to get information.
  • Use real data when making points.  It can be easier for your parents to realize the importance of planning for long-term care if you’re able to use data and facts that are relevant.  You shouldn’t scare your parents, but you should make valid points that will make them want to consider getting help.
  • Share success stories.  If you have friends, family members, or neighbors who have had success with long-term care, don’t forget to bring it up during the conversation.  This can help to take some of the fears that are associated with long-term care.

With extra care and planning, you can make sure that your discussion is successful.  If you have any questions, or if you need help planning for a long-term care discussion, consult with a qualified estate planning attorney.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

Dealing with Stress as a Long Term Care Caregiver

Oct 03, 2011  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law

If you provide long-term care support to a loved one on a regular basis, it’s common to feel a lot of stress and to have your health deteriorate.  Having to care for someone else, in addition to yourself, is a lot of responsibility.  To help deal with the stress, take a look at the following tips.  If you have any questions about other long term care options, contact an estate planning attorney.

 

  • Make sure that you eat healthy and get enough rest.  You need to take care of yourself first, so that you’re healthy enough to care for your loved one and the rest of your family.
  • Communicate with your loved one.  This can allow you both to discuss your frustrations and can allow you both to have a greater understanding and peace of mind.
  • Take small breaks throughout the day.  Even if the breaks are only for five minutes, they can allow you to catch your breath and relax for a moment.
  • Try to remain as positive as possible.  It can be difficult and depressing to see your loved one’s health deteriorate.  Try to remain positive so that you can do a better job and so that you’re setting a positive tone.
  • Look for ways to minimize stress.  Make sure that you’re being as efficient as possible when handling your daily responsibilities so that you can feel a sense of accomplishment.

 

If you’re unable to handle the stress of serving as a caregiver, you may need to explore other options.  Consider working as a team with family members and friends to handle care responsibilities.  Additionally, you may want to look into other programs for your loved one such as senior day care or in home care.  It’s important that both you and your loved one are comfortable with the care choices that are made.

 

If you have any additional questions about long-term care and serving as a caregiver, consult with a qualified estate planning attorney.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.

Is It Time for Your Loved One to Leave the Nursing Home?

Sep 28, 2011  /  By: Michael Robinson, Estate Planning Attorney  /  Category: Elder Law, Incapacity Planning

Not everyone has to live in a nursing home for the rest of their life.  If your loved one is ready to move out of a nursing home, it’s important to make sure that he or she is ready to go home.  Take a look at the following information, to better prepare for your loved one’s next step, with less assistance.  If you have any questions, or if you’d like to discuss other ways to prepare for nursing home departure, contact an estate planning attorney.

It can be difficult to know for sure whether a loved one is ready to leave the nursing home; often, patients are discharged if they are well or no longer making progress in physical therapy.  This is because Medicare stops paying.

Along with your loved one and the medical staff, it’s important that you carefully think through where your loved one will go next.  When making this choice, consider the following:

  • Is your loved one physically able to get around independently?  If not, what kind of support is needed?
  • Is your loved one capable of making personal care decisions on a daily basis?  Is support needed for dressing, toileting, eating, and grooming?
  • Will he or she be able to take part in social activities in the new environment?
  • Will family members or friends be able to assist with care?
  • Does your loved one require constant medical attention?
  • Is at home care service required, or is assisted living appropriate?
  • Will your loved one be close to medical facilities in case of emergency?

Your loved one may be able to leave the nursing home, even if there are still care needs present.  It’s important to carefully consider your loved one’s current needs so that a plan can be developed.  You may want to consider a combination of at home care services, along with the care assistance of loved ones, or an assisted living facility.

If you need help deciding where your loved one will live after a nursing home stay, consult with a qualified estate planning attorney.

The Law Office of Michael Robinson, P.C. is a member of the American Academy of Estate Planning Attorneys.