The Greening Law Firm, P.C.

Missing Your Social Security Statements?

2012-03-15T12:01:00.000-05:00

Have you noticed you haven't received one of those green and white social security statements lately? That's because last April, as a cost-saving measure, the Social Security Administration (SSA) stopped mailing them out. Later this year they plan to launch an online statement service, although the launch date is still forthcoming.

In the meantime, if you're looking for an estimate of your retirement benefits, try the SSA's retirement estimator. It's interesting to see what you've got - assuming of course it's still solvent when it's your time to retire!

Family Input Can Help Detect Dementia Earlier

2012-02-08T13:55:00.002-06:00

Recently, USA Today reminded readers of the role that family members play in catching the onset of cognitive mental diseases in seniors, such as dementia and Alzheimer's. These issues are of particular importance in the legal context because mental issues can affect one's legal capacity. The ability to conduct estate planning, receive Medicaid, or otherwise make prudent decisions for the future will be made more difficult if begun after dementia or Alzheimer's has set in.

By the very nature of the condition, the one who is suffering from these issues has difficultly identifying the problem themselves. That is why a family plays a crucial role in identifying the cognition problem and addressing it. As the article notes, "dementia can sneak up on families. Its sufferers are pretty adept at covering lapses early on." Often it is not until there is some major accident or life-threatening complication that adult children, spouses, and others become fully aware of the problem.

To combat the challenges of early detection, experts urge family members to be more involved. As part of the first "National Alzheimer's Plan," advocates are trying to raise awareness about the need for relatives to be diligent about a senior's actions to ensure mental cognition issues are caught as soon as possible. One advocate noted, "family input should be mandatory...it's the only way to know if the person really is eating enough and taking her medicines as she claims, and not forgetting to turn off the stove."

In addition, there is a growing call for primary-care doctors to take a more active role in detecting dementia early. For example, in a regular visit the doctor might ask "How are you doing?" Usually the senior patient replies, "Fine," and then the matter is dropped. This minimal discussion of basic life circumstances is too brief for the physician to have any way to ensure that the senior's mental condition has not reached a dangerous level.

On top of that, as part of the early detection programs, government officials working on dementia and Alzheimer's issues are trying to get families to conduct advanced planning. Having a Power of Attorney and Health Care Proxy are crucial as soon as dementia is diagnosed. No one is fully prepared for the challenges that aging can bring--particularly conditions that attack the mind. No amount of financial preparation or long-term care plans can make the process easy. However, the overall stress of the situation is less taxing when steps have been taken ahead of time to ensure that sticky matters like estate preparation and proper long-term care planning are decided ahead of time.

"The Long Goodbye"

2012-02-01T13:27:00.000-06:00

Earlier this year a featured article in Atlanta Magazine offered a uniquely detailed and accurate portrait of what it is like to help an ailing parent or loved one as their heath deteriorates. Entitled, "The Long Goodbye," the article shares the author's own story of heartbreak, worry, stress, financial loss, and confusion while caring for his ailing father. Our firm understands that it is often helpful to hear real, individual stories about the aging and caregiving process. Discussing numbers--assets saved, taxes avoided--is necessary, but at the end of the day this process is very much about emotions and family values.

The author explains that he thought his father was going to die in 2001. The elderly man had fallen while trying to get the mail, hitting his head hard on the ground and temporarily losing consciousness. The man then crawled back up his driveway to the front door of his house. It was that incident that prompted his family to take him to the hospital where he was diagnosed with a deteriorating spine and prostate cancer. A risky operation was undertaken, and the family was warned that the man was likely in his final days. However, he was not actually in his final days.

Similar to the experiences of many local community members, the elderly man persisted. For the next eleven years he was shuttled from care facilities, hospices, and other locations as those involved struggled to find the best fit for him.

The eleven years of care took its toll on the family finances. The author explained, "Daddy's long goodbye has drained his retirement income and life savings of more than $300,000. Where's the money gone? Assisted living, mostly. Of course, that amount doesn't account for his medical bills, most of which have been paid by Medicare and insurance policies that were part of his retirement."

The family was completely unprepared to deal with their father's deterioration. They were not familiar with long-term planning options, had not spoken with an elder law attorney, and did not know where to begin to get him the care he needed. The author warned others that while it may not be comfortable to talk about, the benefits of figuring some of these details out ahead of time is absolutely essential.

Lack of Autopsies after Elderly Die Conceals Health Flaws

2012-01-20T13:00:00.000-06:00

Abuse in nursing homes and suspicious deaths among seniors often go undetected because post-mortem examinations for seniors are becoming less common. In 2011, a National Public Radio (NPR) News and ProPublica investigation found that because of a lack of resources (both financial and staffing) many jurisdictions stopped doing autopsies on people over the age of 60 unless it was obvious that a violent death occurred. This is as the population of individuals over the age of 65 increases in America. The investigation has uncovered more than three dozen cases in which alleged abuse, neglect, and murder of seniors that were not discovered by authorities. Only after a whistle-blower or relative pushed medical and law enforcement officials for answers were the cases reopened.

The latest report tells the case of a 76-year-old man whose death was tied to a combination of ailments related to poor care and an "inappropriate administration of powerful antipsychotic drugs, which have potentially lethal side effects for seniors." His original death certificate said "heart failure brought on by clogged arteries." The real reasons for his death only came to light after a nursing-home staffer spoke up. The reporting reveals that the number of U.S. autopsies performed on seniors dropped from 37 to 17 percent between 1972 and 2007.

In the article, Dr. Kathryn Locatell, a geriatrician who specializes in diagnosing elder abuse, said: "We're where child abuse was 30 years ago. I think it's ageism -- I think it boils down to that one word. We don't value old people. We don't want to think about ourselves getting old."

To read the whole article, visit ProPublica.org.

Who Gets the Vacation Home?

2012-01-11T16:30:00.000-06:00

Recently, the Wall Street Journal published an article entitled "Who Gets the Vacation Home?" The article explores some of the issues involved with family cabins or vacation homes, including payment of expenses and the issues of access and use. Often, once the owner of the property passes, the children have a difficult time of "splitting-up" or sharing the property.

The article suggests three possible solutions to sharing a property (and its inherent expenses): setting up a limited liability company trust, a dynasty trust, or a "qualified personal residence trust" (QPRT). In these arrangements, family members can all contribute funds to expenses like taxes, insurance, utilities, etc. In most situations, by gifting the property to a trust, there is the added benefit of not having to pay estate taxes.

No matter what method is chosen, always make sure to include an "exit strategy" so that future generations can sell the property if they choose to do so. The article gives a fine overview of a topic that often causes families confusion and strife.

Home Care Workers: the Minimum Wage Controversy

2012-01-03T17:07:00.000-06:00

Seniors typically obtain peace of mind knowing that they will be able to receive late-in-life care in an ideal setting and that the care will be of top quality. These simple goals should not be out of reach for any older community member. However, many seniors will be forced to deal with less than adequate care, often in institutional settings where they would rather not live.

Part of the problem is that many will not have planned for late-in-life care. Staying in one's home while aging usually requires advance planning and ensuring that a home care worker is actually providing an appropriate level of care. Recently there has been a shortage of quality home care workers. One of the biggest problems is that for a period these workers were exempt from minimum wage laws. When Congress passed minimum rights legislation, all home care workers were lumped into the category of exempt employees who acted as "companions." This was the case even for workers who engaged in a wide range of physical labor helping seniors bathe, dress, use the facilities, walk, get exercise, and eat properly. Of course, it seems intuitively unfair for these workers to be forced to live in dire poverty at incredibly low wages and no overtime pay.

Fortunately, the legal error was recently corrected. One reason the law took so long to change was that many of the individuals who fill these roles, often including women and those who are not native English speakers, have few advocates. Also, as a result of the prolonged period of abysmal pay, advocates are worried that there is a shortage of well-trained, capable home health care workers. The need for these workers is expected to skyrocket in the coming decades.

The shortage of quality caregivers makes it important for local residents to conduct proper research when deciding on an appropriate home care provider for their loved one. Therefore, most advocates recommend going through a qualified agency to find these assistants. Most agencies are required to perform multi-state background checks, screen for drug use, and require references. The risk of abuse or theft is always much higher when home care workers are unsupervised and unaccountable. Home care is of little value if that home care worker is inadequate.

Holidays Are Prime Time to Discuss Estate Planning

2011-12-19T16:10:00.000-06:00

Estate planning is about setting ones affairs in order for the benefit of friends and family. In that way, the holiday season is a natural time to discuss these matters, because it is now when many families are getting together as a group. Particularly for families that do not live close together, this time of the year may be the only one when everyone is all in one place.

This doesn't mean that you need to spend time delving into the specific details of a plan over holiday dinners, but simply mentioning the topic lightly can be important to start the conversation. If parents or adult childen do not seem willing to get into the details during the holiday, simply explain that you'd like to discuss the subject at a later time. However, if they are receptive, it is helpful to ask them some basic questions. For example, some parents may already have wills drafted. If so, it is important for other family members to know where it is located and how to access it. If a will is used, children should ask who has been named executor. The same is true when more advanced tools like trusts are used, since in those successor trustees have to be named. Seemingly simple choices come loaded with problems--for example, choosing one child over another for these duties may create hard feelings. Discussing them ahead of time is often a good approach.

Beyond subtle prompting to get certain estate planning affairs clear, the holidays may also be a good time to share exactly how certain sentimental objects will be distributed. Of course, each family is different and this may cause discord. However, it is never a good idea for family members to learn who is set to receive certain objects only after a loved one has passed, particularly items with emotional attachments. Because everyone is together, the holidays may be the ideal time for grandparents or parents to clearly explain what steps they've taken and to answer any questions that family members may have. The input that they receive from family members may also prove helpful in case something has been left out of planning

All of us at The Greening Law Firm, P.C. wish you very happy holidays. We are proud to serve the Austin area with estate planning, estate administration, probate, and elder law, and we are excited to begin a new year with our clients, friends, and colleagues.

Squatters Taking Over Tarrant County Homes

2011-12-06T18:03:00.000-06:00

This past weekend, the Fort Worth Star-Telegram published an article highlighting rampant squatting this year in the north Texas County of Tarrant. County records show that over $8 million worth of property was been claimed by squatters in 2011 when owners were away for long periods or bank owned properties from the housing crisis were vacant. Among the audacious take-overs were a transplant from Memphis who took over a $2.7 million mansion with an elevator and a five car garage, career criminals who leased squatted homes to tenants, and people citing the Bible as legal justification for their actions.

Unfortunately, the struggle to oust these unlawful tenants is more complicated than it may seem. There is a loophole in a state law, which allows people to claim abandoned portions of property if there is no owner to dispute the claim. The original intent of the law was to assist ranchers in claiming vacant land that they had tended to for years. This law, though, doesn't distinguish between a section of sod worth a few dollars and a mansion worth millions of dollars. To stake a claim even a court could have a hard time disputing, one need only complete the proper paperwork for a $16 filing fee, maintain the property taxes, and live in the residence for over three years. Affidavits of possession at the Tarrant County Clerk's office have created a real estate nightmare, making the houses nearly impossible to sell because of the now confused titles of the homes.

While it may not be a situation applicable to most homeowners, the squatting in Tarrant highlights the importance of guarding your assets. Be mindful that scams are prevalent and planning always adds predictability.

Creating a Successful Will Requires Professional Help

2011-11-29T15:57:00.000-06:00

A will often creates more problems than it solves. With a will, probate is involved, the information is made public, and legal challenges to the will's provisions are common. Estate planning is meant to simplify the transfer of assets, and typically the creation of a trust is a superior method of saving taxes and streamlining the process to distribute assets quickly and seamlessly.

In estate planning, there may be limited situations where a will might still be appropriate, though, depending on the age of the individual and their assets. No matter if a will or a trust is created, it is vital to have professional help in the creation. While do-it-yourself projects can produce a large return on investment for home improvements and car maintenance, it is not the same with financial planning. When professional help is not sought and a will is self-written, it is only at the moment when the document is needed to work that its flaws come to light. At that point, there is no going back.

As Forbes recently explained in "The Case Against Do-It-Yourself Wills," when done without experienced aid, wills are often filled with errors. For example, common mistakes include failure to sign the will, not updating it, or adding amendments improperly -- all of which can nullify the document. Without the guidance of professionals, imprecise wording is often used. It is much harder than many suspect to craft legal documents with language that is void of any ambiguity. Without the author present, vague language will be easy to misinterpret. Estate planning lawyers are well versed in crafting legally precise terms in standard language that doesn't equivocate.

Besides making sure one's specific intentions are explained without ambiguity in the will, a legal professional can also ensure that important issues are incorporated into the document. When drafting a will on their own, many community members fail to consider important issues. What happens if an heir dies first? What happens when an asset distributed in a will is no longer owned when the will is executed? Who is responsible for paying the expenses on certain assets, like a house? A professional experienced in these matters can bring up these and many concerns that may need to be considered when going through the drafting process. This is particularly important in more complex situations, such as with blended families. The attorneys and staff at The Greening Law Firm, P.C. are always ready to discuss what planning is best for you and your family. We stand ready to serve you.

Ten Warning Signs for Alzheimer's

2011-11-11T16:00:00.000-06:00

November is National Alzheimer's Disease Awareness Month and Family Caregiver Month. Please take time to thank those who devote their time to helping individuals who struggle with this disease. This is also a good opportunity to be reminded about the 10 warning signs of Alzheimer's disease as outlined by the Alzheimer's Association.

1. Memory loss that disrupts daily life. One of the most common signs of Alzheimer's is memory loss, especially forgetting recently learned information. Others include forgetting important dates or events; asking for the same information over and over, relying on memory aids (such as reminder notes or electronic devices), or needing family members for things they used to handle on their own. This does not mean that if you forget names or appointments, but remember them later you necessarily have Alzheimer's.

2. Challenges in planning or solving problems. Some people may experience changes in their ability to develop and follow a plan or work with numbers. They may have trouble following a familiar recipe, keeping track of bills, or concentrating.

3. Difficulty completing familiar tasks at home, at work or at leisure. People with Alzheimer's often find it hard to complete daily tasks. Sometimes, people may have trouble driving to a familiar location, managing a budget, or remembering the rules of a favorite game. Occasionally needing help to use the setting on a microwave or to record a television show is typical, though.

4. Confusion with time and place. People with Alzheimer's can lose track of dates, seasons and the passage of time. They may have trouble understanding something if it is not happening immediately. Sometimes they may forget where they are or how they got there.

5. Trouble understanding visual images and spatial relationships. For some people, having vision problems is a sign of Alzheimer's. They may have difficulty reading, judging distance, and determining color or contrast. In terms of perception, they may pass a mirror and think someone else is in the room instead or realizing that they are the person in the mirror. Cataracts are not related to Alzheimer's and may also cause vision problems.

6. New problems with words in speaking or writing. People with Alzheimer's may have trouble following or joining a conversation. They may stop in the middle of a conversation and have no idea how to continue or they may repeat themselves. They may struggle with vocabulary, have consistent problems finding the right word or call things by the wrong name (such as calling something simple like a "watch" a "hand-clock").

7. Misplacing things and losing the ability to retrace steps. A person with Alzheimer's disease may put things in unusual places and be unable to go back over their steps to find them again. Sometimes, they may accuse others of stealing.

8. Decreased or poor judgment. People with Alzheimer's may experience changes in judgment or decision-making. For example, they may use poor judgment when dealing with money, such as giving large amounts to telemarketers. They may pay less attention to grooming or keeping themselves clean.

9. Withdrawal from work or social activities. A person with Alzheimer's may start to remove themselves from hobbies, social activities, work projects, or sports. They may have trouble keeping up with a favorite sports team or remembering how to complete a favorite hobby. They may also avoid being social because of the changes they have experienced and fear that people may see their symptoms.

10. Changes in mood and personality. The mood and personalities of people with Alzheimer's can change. They can become confused, suspicious, depressed, fearful, or anxious. They may be easily upset at home, at work, with friends or in places where they are out of their comfort zone.

Despite Tough Economy, Baby Boomers Discuss Retirement and Long-Term Planning

2011-11-01T16:01:00.000-05:00

It is no surprise that only 9% of Baby Boomers stated in a new Associated Press poll that they were "strongly convinced" that they would be able to live comfortably when they retired. With financial affairs in flux for many members of the 77-million strong Baby Boomer generation, many are beginning to reevaluate their retirement plans. A growing number of local residents find themselves worrying about whether they will be able to live out their golden years in comfort.

One single 47-year old woman profiled in an Associated Press story on the Baby Boomer retirement situation explained that she once planned to retire at sixty and move to the beach. Those plans changed when her pension was eliminated five years ago, her personal investments tanked, and her home of 21 years lost half its value. Now she is not sure what her future holds, but she doesn't expect to move any time soon. When asked about potentially moving when he retired, a 60-year old small business owner explained, "It just depends on what happens to the economy. I'd like to find someplace warmer and doesn't have the high taxes, but we'll just have to see." Many local residents find themselves in the same situation.

The latest poll on the topic found that about 60% of Boomers had retirement plans, personal investments, and real estate that lost value in the latest recession. As a result, more than half of that group expects to delay their retirement. According to the research, 73% of respondents claimed that they will continue to do some work even after they retire. These delayed retirement plans have also led many Boomers to admit that they no longer expect to move out of their current home, and a majority claim that they plan to live out their golden years exactly where they are now. Other priorities for soon-to-be retirees include living near their children and being close to necessary medical care.

The Greening Law Firm knows that while many local older residents would like to age in place, that plan may not be realized if proper long-term care planning is not conducted. The costs of services that a senior may likely need are often quite high. However, steps can be taken ahead of time to ensure that resources are available to pay for those services. No matter how close one is to retirement or how much the recession has affected investments, it is wise to visit with an experienced professional to prepare for long-term living and healthcare needs. Planning adds predictability!