What’s the Difference Between Estate Planning and Elder Law?

The short answer: Both share similar concerns. The longer answer? The differences make all the difference.

The Concerns are Similar

No matter what age we’re in, life can deliver some hard knocks. Hope for the best, but plan for the worst. We can get into accidents, especially when we’re young and under the impression that we’ll live forever. Whom would we like to be there for us if we can’t speak for ourselves? If we can’t pay the bills? Decide about our health care?

Both estate planning and elder law attorneys help you choose people you trust to stand in your shoes when you can’t speak for yourself.

As adults, we start families and assemble worldly goods. If we’re thinking realistically, we want to make sure our families are taken care of and who gets our property if the worst happens to us.

Both estate planning and elder law attorneys help you with those questions. Both kinds of attorneys also know how to protect your estate from tax burdens and to avoid the expense and delay of court proceedings.

The Differences Make All the Difference

Elder law expertise becomes crucial when we get older. We’re living longer, healthier lives – but nobody knows when we, or those whom we love, will get too sick to make decisions or to live independently.

It’s understandable, but not wise, to postpone thinking about these things. Delay or denial can mean that entire savings get wiped out paying for nursing homes. Misconceptions about government benefits can forfeit eligibility for them. If you want to retire from your own business, do you have a plan for a smooth and profitable transition? What quality of life can you protect? What housing arrangements can be made? What is the wisest allocation of financial resources to protect against as many foreseeable contingencies as possible?

This is where we elder law attorneys come into our own. We can help you face these difficult questions with your and your families’ best interests at heart. What we know can go far to spare you the distress and anxiety if you were caught unprepared. We know how Medicaid, Medicare, and Social Security work. We can help you manage retirement income benefits. We can steer you to financial arrangements necessary if you or yours need long-term nursing care.

These are difficult, complicated questions that require particular knowledge to answer. We elder law attorneys have studied long and hard for that knowledge. We have learned how to help you plan to enjoy the life you have, plan for when life becomes harder with age, and have something left over for your legacy.

Estate planning is only the beginning.

At Goff & Goff Attorneys, we have extensive experience in dealing with both estate planning and elder law, along with their similarities and differences. If you or a loved one have any questions regarding your or their planning, please click here to send us a message, or give us a call at (381) 255-1760.

How to Age Well While Saving Money

Your senior years should not be plagued with money woes. The stress that money problems bring not only ruins your aging experience but can also be disastrous to your health. Rising health care costs and your increased need for health care can add up to big bills that can further tax your health. To age well, you must use sound financial judgment as well as make healthy choices for your body and mind. The goal is to remain as healthy as you can for as long as you can and have a healthy bank account to support those goals. Beyond the obvious, such as choosing the right insurance plan and saving money for retirement, there are other strategies you can implement to further a successful and happy retirement.

Chronic stress is known to worsen health problems and can also accelerate the aging process. Though everyone experiences and handles stress differently, it is important to identify the specific stresses in your life and hone in on its source to be able to address it adequately. Relationship stress, family stress, and work stress can be treated through meditation and gentle yoga. The more you practice, the more significant the mental and physical benefits you experience.

In the case of financial stress, meditation will not save you. You need a concrete plan to approach your problem. Develop a budget that will address which debts you need to pay off first and stick to the program. Learn to avoid excessive spending that puts you in a debt cycle. Once you are as debt-free as reasonably possible, learn ways to increase your savings.

An easy way to lower your expenditures and increase your savings is to view the world as your gym. Thirty minutes of brisk walking five days a week in your neighborhood is excellent for your body and your mind. Bring your cell phone, but only use it in the event of an emergency. Take in the outdoors around you and let your mind be free. You can be active doing leg extensions or squats in your own home. You can do several ballet plies while cooking a meal and toe raises while brushing your teeth. Before you get out of bed in the morning move your pillow out of the way and stretch out your spine; arms overhead and extending through your toes. The idea is to connect your daily routine activities to a specific exercise and do it every time you enter into that everyday behavior. If you have physical limitations, talk to your doctor before implementing at-home exercises or neighborhood walks.

Learn to limit the portions of food you eat. We are a nation of overeaters. In many countries around the world, it is unheard of to have a “to go” box from a lunch or dinner that is too big for consumption in one sitting. The Dietary Guidelines for Americans 2015-2020 recommend active men over 65 need 2,600 calories daily, while sedentary men require just 2,000; for women, it’s 2,000 if active, and 1,600 daily calories if sedentary. Pass on the heaping helping and pass on a second helping. By limiting the amount of food you eat, you can maintain a more healthy weight, which in turn can improve your health and longevity, as well as save money.

If you have room in your yard, start a vegetable garden, plant some fruit trees, and involve your friends to share in the workload and the resulting produce. If you don’t have a yard, join a community garden. Growing your food is an excellent way to increase the number of fruits and vegetables you eat and has the added benefits of making you physically active and socially engaged. By making a garden a group effort, you can prevent isolation which for many older adults is a risk factor for everything from depression to hypertension. If you have problems kneeling or being down on the ground, try using raised garden beds or even try gutter gardening. Gutter gardens are a simple way to grow vegetables that have minimal roots in gutters that are affixed to an outside wall at a height that is comfortable for you. Gutter gardens also remove the problem of bugs in the soil. A fruit and vegetable garden will lower your grocery bill and shift your eating habits to a more healthful plant-based diet.  Learn how to can or freeze your produce if you have a short growing season where you live.

Make a small investment to solve a significant problem. A grab bar in the shower or lowering the height of your bed can help you prevent a range of serious injuries from a fall. Fractures and head traumas often result in a rapid health decline and even death. Improve your balance with gentle tai chi exercises. Be sure you have adequate lighting in your home. Fix uneven floorboards and get rid of throw rugs. By being mindful of how you move through your home you can avoid an unnecessary fall which will save you money by avoiding medical treatment and might even save your life.

Kick bad habits and start with smoking. Just because you have not already developed lung cancer after decades of smoking does not mean you won’t, nor will it help prevent other lung problems like emphysema or chronic obstructive pulmonary disease (COPD). Replace a bad habit with a good one as proposed above. If you drink alcohol on a daily basis or sometimes to excess, consider cutting back or quitting altogether. Alcohol contributes to unsteadiness on your feet and can precipitate you to fall. Do not take more than the prescribed dosage of painkillers or anti-anxiety medications and never mix them with alcohol. It is easy to become addicted to these drugs as you age because often they are used in the treatment of chronic conditions. You can build a tolerance to them and need progressively stronger doses. Try to find alternative ways to address your pain or anxiety. Cut back on sugar and fatty foods.

If your day is not structured, create a schedule. Try to eat at regular times as well as have a predictable bedtime and wake up call. Your body will appreciate the regularity of life. Kicking bad habits to the curb can help you enjoy your retirement years with greater energy and health as well as save you a lot of money on bad habits that are expensive. Don’t tax your wallet and your well being.

There are many techniques for aging well and preserving your bank account. Some methods are simple while others require guidance by trusted counsel.

You can reduce the financial stresses of your retirement life by letting us create a thorough plan for your finances. Contact our office today by calling us at (318) 255-1760. You may also contact us through our website by simply by clicking here and filling out our contact form. 

Let’s schedule an appointment to discuss how we can help you with your planning.

Quick Guide to Age Discrimination

Age discrimination in the workplace is a problem that has been addressed by lawmakers since the 1960s but continues to be a serious problem. According to study.com, age discrimination is defined as “the practice of letting a person’s age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. Decisions about terminating employees also cannot be solely based on their age.” Age discrimination is illegal and there are laws to protect people from it.

The Law

The Age Discrimination in Employment Act (ADEA) is the federal law that protects job applicants and workers over the age of 40 from age discrimination. There are a few exceptions of groups that are not included in the ADEA. These include elected officials, military personnel, and independent contractors. The law applies to employers with at least 20 employees or labor organizations with at least 25 members. It also applies to employment agencies, the federal government, and state and local government. Along with the ADEA, all states have laws that protect workers against age discrimination and in most cases, these laws are more stringent than the federal law.

ADEA Protection

Under the ADEA, employers are prohibited from using age considerations in hiring, firing, layoffs, demotions, or promotions. In addition, there are several things employers cannot do. Employers may not mention specific age requirements or preferences when placing ads for jobs or recruiting employees. Employees may not be forced to retire at a certain age except in certain limited cases. Age limits cannot be set or specified for training programs and employers may not retaliate against employees that file age discrimination charges.

In addition, employers who provide benefits must provide those opportunities for all employees, regardless of age. However, with benefits that increase in cost with age, employers may provide the same amount of cost assistance for all employees regardless of cost or age.

Identifying Age Discrimination

Age discrimination can take many forms. Age-related comments or speaking to older employees in a demeaning manner can become harassment due to age. Harassment based on age is a tactic employer may use in an effort to get older employees to quit rather than firing them when they are deemed too old. When a company has a track record of hiring only younger people, this may be a sign of age discrimination. Getting turned down for a promotion that is then given to a younger, less qualified person or being overlooked for challenging work assignments can be signs of age discrimination. If an employer encourages or forces an employee into retirement, this is age discrimination. Oftentimes age discrimination may come in the form of being left out or isolated. Unfair disciplinary action can also be a tactic used to discriminate against older employees. If an employee suspects that he or she is being discriminated against because of age, these indicators may help in deciding if a claim needs to be filed.

Filing a Claim

Any employee has the right to file a claim if they feel they are being discriminated against because of age. If an employee wishes to pursue a claim, they must first file an administrative claim with the federal Equal Employment Opportunity Commission (EEOC). The EEOC will then contact the employer and investigate the claim. If the EEOC deems the claim to have merit, they will issue a right-to-sue notice.  Then, the employee is allowed to file suit against the employer. Claims must be filed within 90 days of the EEOC’s notice. With the various rules and requirements of this process, it is important to have competent and timely legal advice.

If you have any questions about something you have read or would like additional information, please feel free to contact us for a consultation.

Nursing Home Evictions: What You Should Know

Nursing home evictions are an issue for many elderly people. Reports of evictions and complaints against nursing homes attempting to evict patients are widespread. Nursing homes are businesses and eviction problems often occur for residents when financial issues arise.

There are federal regulations concerning nursing home evictions. However, it is largely dependent on the state to enforce these regulations. Some residents or their families choose to fight back with complaints and legal action. Unfortunately, many of these cases go unreported as is the case with other types of elder abuse.

Nursing homes do have guidelines that allow for evictions in certain cases. A resident may be evicted but the facility must follow the minimum guidelines of federal and state law to be successful. One reason an elderly person may be evicted is if their clinical or behavioral status puts others in the facility in danger. This is one of the reasons often cited for discharging patients involuntarily.

Force discharges are also commonly attributed to the patient’s care not being paid. This can happen when private pay patients run out of resources and fall back on enrollment in Medicaid.  This program pays substantially less for the same service and the home is looking to replace this lost income. Another common trigger for eviction notices occurs when Medicare patients change from being a patient under the Medicare program to requalifying under Medicaid.  This transition can mean a reduction in the resources the facility is being paid.

Involuntary discharge can also occur if the facility is unable to meet the resident’s needs or if it is necessary for the resident’s welfare.  A patient’s needs and the facility’s ability to meet those needs should be assessed before the person is admitted to the facility. For this reason, the inability to meet a patient’s needs should be a rare reason for discharge. If it is determined that the person no longer needs the care the nursing home provides, they can be discharged. Finally, if the facility is closing, patients can be legally discharged.

It is important for residents and their families to do their homework and be informed about the regulations governing nursing homes. Not only must nursing homes follow these regulations, but they must also follow strict procedural guidelines in order to evict. If these guidelines are not strictly followed, the discharge can be reversed. If a resident is threatened with eviction, this must be done in writing and must include a written reason for the eviction. If you or your family receives a discharge notice, contact an elder law attorney immediately.

Even if the resident does not want to stay in that particular facility, it is important to take the discharge notice to an attorney because it may affect the patient’s ability to get into another facility. The window for appeals is short so be sure to contact an attorney quickly in order to give the attorney time to build the case and file the appropriate documents. The Nursing Home Reform Act helps to protect residents. The problem is that many people are uninformed and miss their opportunity to appeal these evictions. A timely response is essential in these cases.

Living in a nursing home is a difficult experience for many patients and their families. A threat of eviction adds stress to the situation. The attorney is your best advocate as he or she is able to enforce the resident’s rights and protect them within mandatory time frames.

If you have any questions about something you have read or would like additional information, please feel free to contact us for a consultation.

 

Hearing Loss and its Surprising Health Risks

The findings from a 10-year study by the Journal of the American Medical Association (JAMA) have reported a link between hearing loss and health risks. The risks include a 50% greater risk of dementia, a 40% greater risk of developing depression and a nearly 30% higher risk of accidental falls. While hearing loss is becoming more prevalent in younger people due to the use of earbuds and noise pollution, it is the elderly population who are more quickly and significantly affected by adverse health risks because of their hearing loss.

There is a wide range of reasons that account for hearing loss. Some are genetic while others include noise exposure, medications, head injuries, and infections. While hearing loss is a frustrating experience for those who have it, along with their loved ones, the worst option is to ignore the condition. The sooner your hearing is tested, the better your ability to proactively save yourself from associated health risks due to hearing loss. According to Johns Hopkins University, brain scans indicate that loss of hearing has even been associated with more rapid rates of brain atrophy.

One of the first symptoms of hearing loss is trouble detecting high-pitched or soft sounds. This form of hearing loss is associated with stereocilia, which is the damaging of the fragile hair cells that convert sound waves into electrical signals your brain can understand. For example, high-pitched sounds might include children’s voices while soft sounds include phone conversations or background noise in a restaurant. If you are having any trouble hearing these softer or high-pitched sounds, make an audiologist appointment for a hearing assessment to get a baseline reading. Loss of hearing contributes to social isolation and the longer you wait to address hearing loss, the greater the risk of cognition problems. Meaning, you may hear the words but not be able to process their meaning.

Other than cost, there is no downside to hearing aids anymore. They are discreet, easy to learn how to use, and professionally adjustable over time to compensate for increased hearing loss. Once you factor in the cost of a potential fall, increased risk of dementia, social isolation, and depression, the cost of a hearing aid is comparatively minimal. If your hearing loss is profound already, there are cochlear implants, which are devices implanted into the inner ear to stimulate the auditory nerve. These devices can help to restore sound perception in adults with more extreme hearing loss. Your walking motor skills are dependent upon your hearing to pick up subtle cues that help you maintain your balance. Hearing loss mutes these critical cues and makes your brain work harder to pick up sounds, which can then interfere with some of the mental processes needed for safe walking.

While it is not yet proven that treating hearing loss can prevent dementia, unintended falls, or social isolation and depression, it is important to investigate as more than two-thirds of adults over the age of 70 have significant hearing loss that can impact their everyday quality of life. Older adults with hearing problems left untreated also incur substantially higher overall costs of health care. At the ten-year mark of untreated hearing loss in older adults, the incidence of hospitalization increases by 50% or so. There are also higher rates of hospital readmission and an increased likelihood for emergency room visits when compared to those elderly adults without hearing loss.

Communication between patient and health care provider is also problematic for those adults with hearing loss. A patient has less participation in their health care plan and can often become confused as to their diagnosis and possible courses of action for treatment.  Also, following instructions post appointment or hospital discharge can be problematic. Costs associated with untreated hearing loss have prompted both health care companies and insurers to find better ways to serve patients with hearing loss.

Nearly 27 million Americans age 50 or more have a hearing loss while only one in seven uses a hearing aid or implant device. Hearing is often the most overlooked of the five human senses: taste, sight, touch, smell, and sound. Your ability to hear is incredibly important and the longer you put off addressing a hearing problem, the greater the possibility of associated adverse health events. Make good hearing part of your overall plan to age successfully.

Like retirement planning and elder law planning, the sooner you address the issue, the better the outcome will be.

Contact our office today and schedule an appointment to discuss how we can help you with your planning.