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A Changing Landscape for Memory Care

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There are many opportunities for specialized facilities offering memory care. The number of adults with cognitive impairments is increasing, but the number of caregivers is decreasing, which requires more innovative solutions. While some facilities are stand-alone solutions for memory care patients, others offer care integrated into existing assisted living or nursing home facilities.

Innovative Changes

Recent changes to memory care needs include inventive settings that are vastly different than existing dementia support floors and secure units. New care settings use the latest research and understanding of cognitive impairment to provide the best possible environment and services. There will be many more options to choose from in the near future. The small house model has become increasingly popular. It’s an intimate setting within existing nursing communities consisting of 10 enclosed, secure units designed for couples facing memory challenges. A small-scale affordable housing model, partially funded by the Department of Housing and Urban Development (HUD), is typically available to low-income seniors. Design elements include:

  • High visibility of features so patients can see the toilet from the bed, the kitchen from the living room, the activity space from the dining room, etc.
  • Discreet security measures like disguised doors to prevent exit-seeking behavior and decorative fencing to provide a secure environment.
  • Separate bedroom suites furnished with the patient’s own belongings.
  • Time-appropriate bright lighting during awake hours and dimmer lighting in the evening.
  • Accessible outdoor space to enjoy nature and walk and wander safely.

Those seniors who can afford private pay for their memory care can live in an assisted living facility designed like a neighborhood from an earlier time. Often, dementia patients readily recall memories from long ago, and these centers look like a community replete with porches, rocking chairs, carpet that mimics grass, and fiber optic ceilings that allows transitional lighting, creating a sense of the day and night sky. Other elements, like aromatherapy, calm residents or stimulate their appetite depending on the selection of oils integrated into the therapy. All these elements help reduce anger, anxiety, and depression, which are hallmarks of seniors who suffer from dementia illnesses.

Full Continuum Care with Geriatric Psychiatry

Memory care is improving to meet the increasing number of residents. Many facilities are tapping into the expertise of geriatric psychiatry. Geropsychiatry, psychogeriatrics, or psychiatry for older adults is a subspecialty of psychiatry dealing with the study, prevention, and treatment of mental disorders in seniors. This field of study can enhance a memory care facility and improve the problems of anger, depression, and anxiety with medical components that address dementia. The techniques use a person-centered approach that fosters autonomy, develops empathy with residents, and even focuses on humor to help alleviate stress and increase quality of life.

Certified Memory Care Professionals

Professional caregivers offer specialized care to patients with dementia. Formal memory care education will become a more commonplace accreditation as the number of patients increases. Rather than a certified nursing assistant (CNA), dementia patients will be tended to more frequently by certified dementia care nursing assistants (CDNAs). This change in credentialing is driven by rising consumer expectations and tighter regulations that govern memory care.

Slowing the Progression of Dementia

Dementia is more prevalent than ever before, and so is the understanding that the disease has a long preclinical phase. Intervention and healthy lifestyle modification can delay the clinical dementia phase. Physical activity, social engagement, and brain fitness through smart devices and computer applications are excellent cognitive compensation strategies that protect executive brain function, particularly in the preclinical phase of the disease. Cutting-edge technology can also help seniors compensate for memory loss, allowing them to remain at home longer. It also enables senior facility operators to refine their services with fewer staff.

Wearable cameras with artificial intelligence (AI) facial recognition capabilities can provide a patient with the name of the person approaching them. AI can also help a senior’s cognitive load, helping them stay informed regarding daily decisions. New software applications are making it easier for memory care patients to use video, audio, and sensory technologies that provide predictive analytics to caregivers to detect depression and receive alerts indicating a patient is having a bad day or at an increased risk of falling due to a change in gait.

Do you or your loved one have a plan in place in the event you become a memory care patient? Are you aware of the changing options available for living arrangements? Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Elder Law Attorneys and End-of-Life Planning

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End-of-life planning can be a difficult topic to talk about and even harder to plan for. But it is an important part of estate planning and a gift to your family. No one wants their family to have to make emergency medical decisions for them without knowing what they want.

People who become incapacitated or die without proper end-of-life planning leave many loose ends for their family members to tie up. This often involves going through long, sometimes expensive, court proceedings to either become a guardian for an incapacitated loved one or move their estate through the probate process after death.

Planning well in advance for death and potential incapacity makes both situations easier for your family and gives you more peace of mind knowing that your wishes will be carried out. Everyone’s situation is unique, so it’s best to work with an estate planning attorney or elder law attorney who can help you tailor an estate plan to meet your specific needs. Below are some of the most common documents and parts of an estate plan.

Last Will and Testament

A last will and testament, or simply a will, is a key component of any estate plan. In your will, you can specify whom you want to receive what you own after you die. You can be as general or as specific as you want, but the clearer you are, the less confusion there will be.

You also use your will to name an executor, also known as a personal representative, to manage and dispose of your estate after you have passed away. If you have minor children, you can use your will to choose a guardian for them if you are unable to care for them.

Even though most people consider their pets family members, they are considered property under the law, and the courts treat them as property. In your will, you can name a caregiver for your pets and choose their next home.

Trusts

There are many types of trusts for many different purposes. One of the most common types is a revocable living trust. This type of trust can be changed while you are alive but becomes irrevocable and can’t be changed once you pass away.

With an irrevocable trust, once you put your assets into it, you relinquish ownership of those assets. This can be useful for qualifying for government benefits, such as Medicaid.

Some pet owners create pet trusts for pets with long lifespans or those that are expensive to care for. In a pet trust, you can name a trustee or a caregiver for the pet and fund the trust with money to help with their care.

Durable Financial Power of Attorney

A durable financial power of attorney (POA) is an important document used to name a trusted person to be your financial agent. They are authorized to handle your finances if you are alive but unable to make decisions. You may be injured, ill, or out of the country.

Health Care Power of Attorney

In a health care power of attorney (POA), you name a health care agent to make decisions on your behalf regarding your medical care. This can be the same person you choose as your financial agent or someone different. Make sure the person you name is willing and able to carry out your health care wishes regardless of their own views and beliefs.

Living Will

A living will expresses your wishes regarding the types of medical treatments you want and don’t want if you can’t communicate your wishes. This document is often combined with a health care POA. A living will guides your health care agent when making medical decisions for you.

Memorial Instructions

Memorial, or funeral, instructions are not legally binding documents, but they can be helpful for your family as they make arrangements after your passing. Some people give specific instructions, while others leave most of the decisions to their family members. You can appoint a person to be the primary decision maker.

In your memorial instructions, you can specify what type of service you want, whether you prefer to have your remains buried or cremated, and you can share your choice of resting place. You can write your own obituary or list some things you want in it.

Instructions for Digital Assets

Most people have a variety of digital accounts, including bank accounts, subscriptions, and email addresses. To make it easier for your executor, trustee, or agent to access your accounts, store your account information, including usernames and passwords, in a safe place. Tell them where you keep this information so they can find it.

Starting Your End-of-Life Planning

Working with an estate planning attorney for end-of-life planning ensures your documents meet your state’s current laws and will be followed by your agents and medical professionals. After you have completed your end-of-life planning, review your plan every few years to make sure it still reflects your wishes. Life circumstances may change and affect the decisions you made.

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Keeping Your Pet Safe with a Pet Trust

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A pet is probably considered a valuable member of your family if you own one. If you have a pet, you know how much joy and comfort it gives you. Since you love them, you give them the best life you can. But what if you were suddenly unable to care for them?

Who would care for your pet if you were to die or become incapacitated due to injury or illness? Would they know how to give your pet the same level of care you give them? A good way to ensure your pet is well cared for if something happens to you is to create a pet trust.

Pet trusts have become increasingly popular in recent years as pet owners become more concerned with the care and wellbeing of their companions. A pet trust is a legal document allowing pet owners to designate a trustee to care for their pets for the rest of their lives.

You can establish a pet trust for any type of pet. The trust can provide for their care in a variety of ways, including food, shelter, veterinary care, and any other needs your pet may have. The trust can also specify any special requests, such as daily walks, grooming, or other preferences.

Benefits of a Pet Trust

One of the main benefits of a pet trust is that it ensures your pet will be taken care of according to your wishes and by someone you trust. This is especially important for owners who have pets with special needs, such as those with medical conditions or behavioral issues. A pet trust can also provide financial support for your pet’s care, so the caregiver doesn’t have to bear the financial burden of caring for your pet.

Creating a Pet Trust

Creating a pet trust is a relatively simple process. First, you’ll choose a trustee responsible for managing the trust and ensuring your pet is cared for according to your instructions. The trustee can be a family member, friend, or even a professional trustee. After you choose a trustee and a successor (backup) trustee, you will choose a caregiver for your pet. The caregiver can be the same person as the trustee.

You will then specify the terms of the trust, including the amount of money set aside for your pet’s care and how that money will be distributed to the caregiver. The trust should also specify any special requests or instructions for the caregiver, as well as a backup plan in case the caregiver is no longer able to care for your pet.

Once the trust is established, you can fund the trust with a lump sum of money or set up regular contributions. The trustee will then manage the trust and ensure your pet is cared for according to your wishes.

Things to Consider about Pet Trusts

A pet trust is a legally binding document, and consulting with an attorney who is knowledgeable about estate planning and pet trusts is important. They can help ensure that the trust is set up properly and that all legal requirements are met.

In addition to the legal issues, there are also practical considerations to keep in mind when setting up a pet trust. For example, you should consider the age and health of your pet, as well as your financial situation. You should also think about the availability and willingness of potential caregivers.

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Preparing a Living Will

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In the event that you are incapable of communicating or making decisions for yourself, a living will outlines your end-of-life care and medical treatment preferences. Everyone should have an advance directive, as end-of-life situations can happen at any age due to an accident or illness.

Living Will

This legal document identifies medical treatments you would or would not accept to keep you alive and may include other medical decisions, such as pain management and organ donation. Consider how important self-sufficiency and independence are to you and what circumstances may make you feel life is no longer worth living. Do you want to be alive at all costs in any situation, or would you only want treatment if a cure exists?

You can address several possible end-of-life care scenarios in your living will, including:

  • Cardiopulmonary resuscitation (CPR) – Restarts the heart when it has stopped beating and can be done manually (chest compressions) or mechanically (defibrillator).
  • Mechanical ventilation – Takes over the job of breathing if you can’t breathe on your own.
  • Tube feeding – Supplies the body with fluids and nutrients intravenously or through a tube in the stomach.
  • Dialysis – Manages fluid levels and removes waste from your blood if your kidneys do not function.
  • Antibiotics or antiviral medications – Treats many infections. Would you prefer the infection to run its course or aggressively use pharmacy treatments if you are near the end of your life?
  • Palliative or comfort care – Includes various ways to keep you comfortable, managing pain while abiding by other designated treatment choices. You may choose to die at home or receive strong pain medications, avoiding other invasive treatments or tests.
  • Organ and tissue donation – Permits temporary life-sustaining treatment until the organ removal procedure is complete.
  • Donating your body to science – Makes your body available for scientific study at a medical school or university program.

Durable Medical Power of Attorney

Naming a health care or medical power of attorney is a type of advance directive. They name a health care advocate to make medical decisions for you. Depending on where you live, a durable medical power of attorney may be called an agent, proxy, surrogate, or advocate.

State laws regarding living wills vary from one jurisdiction to another. Following state legal requirements and guidelines is imperative to ensure your living will is valid. Retaining the services of an elder law attorney or estate planning attorney can ensure your living will complies with laws in your state, such as witnessing and notarizing your documents.

Selecting the right individual to act as your medical power of attorney is important since it’s impossible to anticipate every situation, and your health care agent may have to make a judgment about your care wishes. Your attorney may encourage you to select one or more alternates in case your first choice can’t fulfill the role. Select a medical power of attorney that meets the following criteria:

  • They meet your state’s health care agent requirements
  • They are not your physician or a part of your medical team
  • They are willing and capable of discussing medical care and end-of-life issues with you
  • They have your trust to make decisions that adhere to your values and wishes
  • They are trusted to advocate on your behalf if there are disagreements about your care

Orders to Refuse Resuscitation or Intubation

A do not resuscitate (DNR) and do not intubate (DNI) order is not part of an advance directive or living will. To establish your preferences, speak to your doctor, who can make them as part of your medical record. Although you may have a living will preference that addresses DNR and DNI orders, have a physician create these individual documents each time you’re admitted to a new health care facility or hospital.

Physician Orders for Life-sustaining Treatment (POLST)

Some states include a provider order for life-sustaining treatment (POLST) or medical order for life-sustaining treatment (MOLST) document as part of an advance health care directive.

They address patients who are already diagnosed with a serious illness. While this form doesn’t replace your directives, it provides instructions for the doctor that reflect the treatment you prefer. Your doctor fills out the form based on conversations you’ve had about the likely course of your illness and advance directive treatment preferences.

Creating Advance Directives

After reflecting on your choices for a living will, meet with your doctor and attorney, who can help you create the written content for an advance directive. States have specific forms, and your lawyer can help to ensure the forms are correctly filled out, as some may require a witness or notary.

Once your documents are complete, take the following steps:

  • Keep the originals in an easily accessible but safe location.
  • Provide a copy to your doctor.
  • Provide a copy to your health care agent and any alternate agents.
  • Keep a list of the people who have your advance directives.
  • Talk to your family and other loved ones about your health care wishes to provide clarity to family members to prevent conflict or guilt during difficult times.
  • Carry a wallet-sized card indicating you have advance directives, your health care agent, and the state(s) location where your directives are.
  • Travel with a copy of your advance directive.

Regular Review and Changes to Advance Directives

You can change your directives whenever you wish if you are of sound mind. You must create a new advance directive form, distribute the new copies to the appropriate individuals, and destroy all old copies. Some states have specific requirements for changing directives, so consult your attorney about relevant laws.

Discuss any directive changes with your primary care physician. Add these new medical directives to hospital or nursing home charts and make sure your health care agent, family, and friends know of the changes.

Review and make changes to your directives in case of a new diagnosis, a marital status change, or about every five years. Regular review of your living will ensures it still reflects your wishes and is up to date.

This article offers a summary of aspects of estate planning. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.

The Job of Family Caregiving

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Instead of paying someone else or transferring a senior loved one to a facility, wouldn’t it be much better if a family member gave them care at home? The family member can pay the bills, balance the checkbook, keep the house clean, shop and make meals, and take their aging parent on outings and to the doctor. The senior stays in familiar surroundings getting the care and attention they need, and the family member can even be paid, so they don’t give away their time and labor for free.

What Should Be Simple May Require Legal Guidance

The daughter, Jessica, quit her job to care for Ellen, her mother. But when Ellen fell and needed nursing-home care, the caregiving arrangement cost them nearly $70,000.00 in lost Medicaid benefits. This led to litigation.

The court was sympathetic but was still unable to help. The judge understood that Ellen might as well pay Jessica rather than a third party to provide companion services, especially because she is a member of the family and had Ellen’s best interests in mind. Nevertheless, the court ruled that Jessica failed to document her hours and services with a contract as the law requires. Without that proof, the court found that Jessica should have returned to work instead, where she would have earned more and could afford to hire an agency. Without the required proof, it appeared that mother and daughter had entered into the caregiving arrangement only to give money to Jessica.

Medicaid has Strict Rules Regarding Paid Caregiving Arrangements

The Medicaid rules penalize people for gift-giving, even in a case like Ellen’s. Money or property must not be given away during a five-year lookback period prior to the need for long-term care services. By breaking this rule, Ellen no longer had Medicaid benefits to pay for the extremely high cost of nursing home care.

Other Complications in Family Caregiver Situations

Even if Jessica had treated caregiving like any other job, and if she had documented her work as the law requires with a signed caregiver contract specifying working hours and services provided, and logged her hours as the law also requires – payment under a caregiver agreement must also be reported to the IRS for income tax purposes, or risk stiff penalties.

There is also a risk that a caregiver could be injured on the job. Worker’s compensation insurance would be a good idea.

Consulting and Elder Law Attorney

How a family caregiver is paid is important. It may not be possible for them to receive a lump sum of money; instead, an hourly payment arrangement is required. The hourly rate must match the type of care being provided and the experience level of the caregiver.

A family caregiving arrangement can work under the following circumstances:

  • The caregiver must be capable of the hard work involved
  • They must be properly contracted with hours logged and documented
  • Taxes on the compensation must be properly paid

If your family member treats caregiving like any other employer-employee relationship, the arrangement can be rewarding. But the record-keeping and documentation can be tricky, and mistakes can be very expensive.

To benefit from family caregiving without financial penalties, please contact our elder law attorneys for help. Our law firm is dedicated to keeping you informed of issues that affect seniors who may be experiencing declining health. We help you and your loved ones prepare for potential long-term medical expenses and the need to transition to in-home care, assisted living care, or nursing home care.

This article offers a summary of aspects of elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.

Discussing Inheritance with Your Children

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When you don’t discuss your inheritance with your adult children, you risk negatively affecting their decision-making. Managing expectations and knowing how the inheritance situation will affect them can lead to better decisions. These are practical matters of allocating resources for things like housing, retirement, 529 plans, and more.

When children don’t understand your inheritance intentions, it can result in arguments and legal battles among siblings and other heirs after you’re gone. The solution is a mature discussion with your inheritors, sharing details of your estate plan relevant to your child. You can withhold actual numbers by  a range, such as enough for a home downpayment, can provide a sense of magnitude without committing to exact amounts.

The Great Wealth Transfer

According to the Federal Reserve, the baby boomers are the wealthiest generation in US history. Baby boomers hold 70 percent of disposable income in the US and spend over $548 billion annually. Forbes cites research firm Cerulli Associates stating that as much as $84 trillion may change hands by 2045, and much of the wealth is from high net-worth baby boomers. Millennials will control five times as much wealth in 2030 as they do today. Are they prepared for responsible stewardship?

Many who currently have substantial wealth have concerns that if their children know the extent of their wealth, it will reduce their motivation for productivity and growing into responsible citizens. Most parents prefer their children to live a “real” life, learning to grow their success independently of their parent’s wealth. However, wealth is relative, and many parents also fear losing their ability to cover retirement, medical expenses, and long-term care, maintaining their quality of life while protecting their legacy. Because of this uncertainty, generally managing the expectations of their children’s future inheritance is better than providing exact amounts. Things can change.

Failure to Prepare

Failing to prepare children for what they may inherit can hinder their ability to handle money wisely. Many suddenly feel separated from their friends, isolated, or even confused about relationships. Others may be wasteful and spend their newfound money irresponsibly. Those who inherit even a modest amount can be just as irresponsible without guidance. BLB&B Financial Advisors cite, “it takes the average recipient of an inheritance just 19 days until they buy a new car!” It’s all too common for some inheritors to go further and splurge on lavish vacations and fast living.

The Conversation

Experts agree it’s important to talk to children about money and wealth during their adult years to help them learn how to manage money and live beneath their means as a lifestyle habit. Imprinting values, the opportunities money can provide, and their hopes of what they want to accomplish with money are good conversation starters. Providing your younger children with a modest sum of money and parental oversight can teach them how to save and invest, spend wisely, and even demonstrate the importance of supporting charities.

Of course, one of the most effective strategies to teach children about values, spending, and investing money is by example. Parents must use their money in a way that reinforces their values. One way to foster a positive relationship within the family is to purchase a vacation home where everyone gathers for summers, holidays, or annual family gatherings. Other techniques involve permitting children to choose charities to support and provide donations. If your children see you living your values, they will likely adopt similar values.

Estate Planning

Talking to your children about inheritance is an integral part of estate planning. Being transparent, fair, and open to their emotions can help ensure a smooth transition of your assets to the next generation. Keep a few things in mind during discussions:

·       Timing is Important

Have these conversations when children are mature enough to understand the implications of inheritance. Don’t create unnecessary anxiety or misunderstandings by starting the conversation too early.

·       Be Transparent

Be clear about your estate intentions and plans without getting too detailed about the numbers. Being open about your goals and hopes for them can help avoid future conflicts and misunderstandings. Not providing exact numbers keeps your estate planning flexible.

·       Consider Fairness

Consider what is fair and equitable when dividing your assets among children. Each child does not necessarily need to have an equal amount. Consider factors such as their financial situations, relationships with you, and levels of need.

·       Address Emotions

Inheritance can be an emotional topic for everyone. Acknowledge and address any feelings of anxiety, guilt, or resentment that may arise during the conversations.

How an Estate Planning Attorney Can Help

There are several ways an estate planning attorney can help when organizing your children’s inheritance, including:

1.     Legal and Tax Implications

Estate planning attorneys understand the current legal and tax implications of inheritance. Your lawyer can help you navigate complex laws and regulations, ensuring your assets’ distributions are most efficient and tax effective.

2.     Drafting Legal Documents

Estate planning attorneys can draft wills, trusts, powers of attorney, and more to help you plan for your children’s inheritance. Tailoring these documents to your specific needs ensures your assets are distributed according to your wishes.

3.     Reviewing and Updating Documents

Estate planning attorneys can review your existing planning documents to ensure they are up-to-date and reflect your current wishes. They may also recommend changes based on shifts in your family or financial circumstances. Informing your adult children of substantial changes is crucial in your inheritance conversations.

4.     Guiding Asset Protection

Estate planning attorneys can guide strategies to protect your assets from potential creditors or legal claims. They can also help plan for long-term care and other future expenses to keep the bulk of your estate intact for your children.

5.     Facilitating Communication

Estate planning attorneys can foster communication between you and your children about your estate planning decisions. These discussions can help prevent future misunderstandings and conflicts.

Summary

While an estate planning attorney can help ensure your children’s inheritance is organized and distributed effectively, parents also play a key role. Parents must educate their children regarding the value of money, what it can and can’t do for them, and have open conversations about their future inheritance. Including your estate planning attorney in some of the more crucial conversations with your children about their inheritance can be effective. Your attorney can address any questions from a legal standpoint and help the discussion to remain fact-based, keeping emotions to a minimum.

Failing to talk to adult children about their inheritance can leave them unprepared to handle even a modest amount and often results in the money being quickly squandered. Help your children to maintain your legacy and your family’s intergenerational wealth for years to come.

This article offers a summary of aspects of estate planning and elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.

The Simple Things You Can Do To Live Longer

The Simple Things You Can Do To Live Longer

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With advances in medicine, technology, and life science, we are now living longer, on average, than previous generations. But simply living a longer life should not be the goal. Maintaining a healthy quality of life should be. After all, who wants to live a long life filled with sickness and ailments?

The earlier you adopt a healthy lifestyle, the better your chance of living a long, healthy life. Here are some simple things you can do to improve your lifestyle.

Smoking

If you are not a smoker or tobacco user, that’s good. Make sure you don’t become one. Avoid breathing second-hand smoke whenever possible. If you are a smoker, find a way to quit. Try nicotine patches, gum, or hypnotherapy. Figure out what works for you and do it. Breath is life, and keeping your respiratory system healthy increases your lifespan.

Exercise

Exercising for 30 minutes each day is imperative for longevity. The best and easiest daily exercise is walking. If you are out of shape and 30 minutes of exercise every day seems unachievable, then start with 10 minutes. As your stamina improves, increase your exercise time to 20 minutes each day. As you build up to 30 minutes of daily exercise, make sure your pace is moderate to vigorous.

Try making a routine of walking every morning. Walking will help you lose weight and gain muscle. Adding other exercises to your routine, such as swimming and weightlifting, will help you create a well-rounded exercise regimen. Joining a class can be helpful since classes are at set times, which can help you establish a routine. Talk with your doctor before starting a new exercise regimen.

Healthy Diet

We all know that a healthy diet plays a significant role in living a long, healthy life. There are many books and articles about which diet is the best. The best diet for you, though, is a healthy diet you can achieve and maintain. Talking with your doctor will help you choose a healthy diet that works for you.

When shopping for food at your local supermarket, keep in mind that healthier foods are generally found around the outskirts of the store. You will find fresh fruits and vegetables, lean meats, and dairy products there. The inside aisles of supermarkets are stocked with food products, not real food. Most of these food products are so over-processed and full of chemicals that they are unhealthy.

Alcohol

Consuming alcohol in moderate amounts is not considered an unhealthy practice. Moderate amounts of alcohol are described as two drinks per day for men and one drink per day for women. If you habitually consume more than a moderate amount, you should work on reducing your alcohol consumption as soon as possible. If you have not caused too much damage to your liver, it will likely heal itself.

Social Interaction

Studies show that socially interacting with other people, as well as with animals, has health benefits. Being socially active can help stave off such health issues as depression, high blood pressure, cognitive decline, and dementia. Here are some ways to add social interaction into your life:

  • Join a club that is focused on your favorite hobby
  • Take academic, artistic, or exercise classes
  • Stay in regular contact with family and friends
  • Adopt a pet
  • Get involved with your neighborhood or community

Planning for a Longer Life

If you end up living into your 80s, 90s, or beyond, make sure your financial life is healthy too. Talk with a financial adviser and an attorney experienced in estate planning and elder law to ensure you have the necessary funds to live comfortably in your later years.

Our law firm is dedicated to keeping you informed of issues that affect seniors who may be experiencing declining health. We help you and your loved ones prepare for potential long-term medical expenses and the need to transition to in-home care, assisted living care, or nursing home care.

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Preparing Your Family for the Unexpected

Preparing Your Family for the Unexpected

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Making sure your affairs are in order in case of unforeseen circumstances, such as an accident, incapacitation, or death, is what planning for the unexpected involves. If the COVID-19 pandemic taught us anything, it’s that life is uncertain and that caring for you and those you love is imperative, including legal preparedness. An elder law attorney and estate planning attorney can address your concerns and help prepare your family for the unexpected.

Elder and Estate Law

Elder law focuses on legal issues affecting elderly individuals, including health care planning, long-term care planning, Medicaid planning, and guardianship (in Louisiana callee interdictions). They help clients plan for their future needs and ensure protection in cases of incapacity or disability.

Estate law focuses on legal issues relating to the transfer of assets after an individual’s death. They help clients plan for the distribution of their assets, minimize taxes, and meet goals by creating wills, trusts, and other legal documents.

Both elder and estate law overlap significantly, particularly in end-of-life planning and long-term care. For example, an elder law attorney or an estate planning attorney can assist clients in creating a living will or power of attorney for health care decisions. A significant difference between the two legal practices is one focuses primarily on the needs of individuals while living, and the other plans the distribution of assets after an individual’s death.

Why Planning is Important

Many things can happen over your lifetime, and much of it is unexpected. But we can be aware of potential problems and prepare for uncertainty.

 

·       Healthcare Planning

Put a health care plan in place in the form of advance directives, such as a living will or durable health care power of attorney, ensuring your wishes are followed if you become incapacitated and unable to make decisions. Your loved ones won’t have to struggle with decisions during a difficult time.

·       Financial Planning

Financial hardships happen due to emergencies, requiring additional financial resources, insurance, and more to successfully manage unexpected events.

·       Digital Planning

Ensure your legal documents have digital copies on secure networks, making important documents and information accessible online to those who have your login credentials. Keep a list of credentials in a safe place and let a person you trust know the location.

·       Estate Planning

Many individuals not only create an estate plan, but regularly update their wills, trusts, and other legal documents to ensure their wishes are carried out, and their assets receive protection in case of illness or death. Your estate planning also protects the future of your loved ones.

Legal Planning for the Unexpected

Legal planning means having your affairs in order in case of unforeseen circumstances. These are six steps to increase preparedness:

1.     Create a Will

Not enough people in America have a will. This legal document outlines your asset distribution after your death. If you already have a will, review and revise its contents to address changes.

2.     Designate Beneficiaries

You can designate beneficiaries on your bank accounts, retirement accounts, life insurance policies, and other assets. Revise your beneficiary status in the event of a death, divorce, marriage, or other major life changes so you’re your asset distribution will reflect your intended beneficiaries.

3.     Create a Power of Attorney

A power of attorney allows someone you trust to make legal, financial, and medical decisions on your behalf if you become incapacitated.

4.     Create a Living Will

A living will outlines your end-of-life wishes. It includes whether you want to be kept alive through artificial means.

5.     Consider Setting up a Trust

A trust can manage and distribute your assets during your lifetime and after your death. It can minimize probate costs and protect privacy of your loved ones at your death. Furthermore, it often is a less expensive in the long run and more stress free for your heirs.

6.     Review and Update Your Plan Regularly

It’s important to review and update your plan regularly to ensure it reflects your current wishes and circumstances.

Consulting with an elder law attorney or estate planning attorney can help create and ensure your legal documents are thorough and complete. Preparing for an unexpected crisis will reduce the stress on yourself and your family members. A comprehensive legal plan that can address your desires during times of uncertainty can bring you and your loved ones peace of mind.

This article offers a summary of aspects of estate planning and elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.

Technology in Senior Care

Technology in Senior Care

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It is possible for many aging Americans to live longer and healthier lives in their own homes because of the internet of things and technological advancements such as self-monitoring medical devices, telehealth, and smart homes. Elder law and at-home medical technology uses can intersect in several ways. Whether you are a senior looking to stay in your current home or have an aging parent and want to implement systems that create better safety and communication, an elder law attorney can help you craft a plan.

Strategies

Legal Documents

Elder law attorneys can assist older adults when creating legal documents, such as durable powers of attorney and health care proxies, in an online environment. These and other legal documents are crucial to have in place as they authorize someone to make decisions about the older adult’s medical treatment and the use of at-home medical technology.

Meetings with your estate planning or elder law lawyer and family members can happen virtually, and some states now legally recognize e-signatures. Creating these documents without leaving your home benefits seniors with mobility and transportation issues and protects against exposure to infectious diseases.

Privacy and Security

Elder law attorneys can advise older adults on the privacy and security of their personal information and medical data when using at-home medical technology. Secure network communication protocols will keep hackers from stealing your information and ensure the data integrity of communications with medical professionals and entities.

Medicaid Eligibility

Medicaid, the government health insurance program for low-income individuals, may pay for certain at-home medical technology if it’s deemed medically necessary. An elder law attorney can help older adults navigate the Medicaid eligibility process to ensure they receive all the benefits to which they are entitled.

Telehealth services allow Medicaid to reach more seniors at a lower cost than ever. Whether you’re having issues with eligibility, understanding home health services, or selecting home health providers, an elder law attorney can help you understand your Medicaid options.

Long-term care planning

Elder law attorneys can help older adults plan for future needs of long-term care, including using at-home medical technology to help them age in place and maintain their independence for as long as possible. Incorporating at-home medical technology into long-term care planning may include the following:

  • Monitoring Health – Technology such as wearable devices, remote monitoring systems, and telehealth services can track vital signs and send alerts to caregivers if there are any concerns.
  • Medication Management – Personal emergency response systems (PERS) and smart home devices can ensure that older adults are safe and can call for help if needed.
  • Mobility Aids – Robotic exoskeletons, stairlifts, and smart home devices can help older adults with mobility issues move around their homes and control the environment (locks, lighting, temperature) more easily.
  • Social Engagement – Virtual reality, video conferencing, and social networks can connect older adults with loved ones and socialize with others combating isolation and feelings of loneliness.
  • Care Coordination – Medical technology can connect older adults with care providers and healthcare professionals, such as doctors, nurses, and social workers, to monitor the care and support they receive at home.

At-home medical technology is a more affordable option than expensive institutional care. When planning for long-term care, it’s important to consider how technology can help older adults maintain their independence and quality of life.

Guardianship (Interdictions)

In some cases, older adults may be unable to make decisions about their medical treatment or use of at-home medical technology due to cognitive decline or other health issues. Elder law attorneys can assist in appointing a guardian  called a Curator to make these decisions on behalf of their loved one.

Getting Started

An elder law attorney can help an aging adult, and their family understand what at-home medical technology is available and if government programs will pay for it. Getting seniors to use at-home medical technology can be challenging and generally falls under the direction of the family. There are several strategies to implement to make the process easier:

  1. Keep it simple by starting with the basics. Then gradually introduce more advanced features as your loved one becomes more comfortable with the technology.
  2. Make sure the senior understands the benefits of the technology. Explain how it will help them stay healthy and independent and make their life easier.
  3. Demonstrate how to use the technology. Walk your loved one through the setup and use of each device, making sure they know how to operate it.
  4. Provide your loved one with a user manual or guide for reference.
  5. Schedule regular check-ins with your loved one to see how they’re doing with the technology, answer any questions, and ensure their communications with medical professionals are timely and accurate.
  6. Provide your loved one with technical assistance while visiting, and have them contact you if they experience technical issues. Everyone needs reliable IT support.
  7. Look for local support groups and online communities so your loved one can connect with others using similar technology.
  8. If your loved one is having difficulty understanding or not using the technology, consider hiring a professional to help with device setup, training, and guidance.
  9. Encourage your loved one to engage in a trial period with each new technology and see how they feel about it. If they don’t use or are uncomfortable with that particular technology, there might be better solutions.

Many providers make smart home technology for aging adults. The best options depend on the specific needs and preferences of the older adult. Also, compatibility with existing technology and devices. Technology needs will also change with additional health challenges that invariably occur when aging.

Summary

Elder law attorneys can recommend at-home technology so that an aging adult can safely live at home. Family members must participate in the installation of the technologies to ensure their loved one’s security and privacy. Technology alone is not a solution. A support system, including family, friends, lawyers, and healthcare providers, must coordinate efforts in the senior’s best interest.

Whether you need to plan for future at-home health care or already require care management via remote health monitoring. Consumer health technology can make senior care more patient-centric, personal, and accessible.

This article offers a summary of aspects of estate planning and elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.

Having a Will vs. Not Having a Will

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Having a Will vs. Not Having a Will

People are afraid of death, especially their own. Add to that the question of what will happen to their assets after they die, and it’s no wonder so few people have estate plans.

According to a 2021 Gallup poll, only 46% of US adults have a will. This is a slight increase from 2016 when 44% had a will. Still, less than half of US adults have taken the time to create this important document. The poll also showed that older adults are more likely to have a will than younger adults. Of those polled who were over the age of 65, 76% said they have a will. It’s important to know your options on having a will vs. not having a will.

Dying Without a Will

If you were to die without creating a will, depending on the type of and amount of property involved, a state probate court may have to choose an administrator to manage the probate process for your estate and choose a guardian for any minor children you have, provided the children’s other biological parent is deceased or unable to care for them. The downside to this process is that the decisions the probate court and the administrator would make may not align with what you would want.

Dying without a will is known as dying intestate.  It  can sometimes create problems as to what happens to your assets and children. When your intentions aren’t known before you die, you set the stage for potential conflict among your family members and heirs. Although the law will divide values up equally among the legal heirs, without the will to use as a guide, the administrator has to guess what you would want and have the probate court approve it.  This places an undue burden on the administrator, who is often a family member.

The administrator’s duties generally include the following:

  • Locating all your living heirs and notifying them of your death
  • Compiling a list of your assets
  • Paying off any debts and taxes that are owed
  • Collecting any money owed to your estate
  • Distributing any remaining assets to beneficiaries deemed valid by the probate judge

To avoid creating conflict that could cause rifts in your family, draft and execute a valid will spelling out how you want your estate distributed, who should become the guardian for any minor children, address funeral arrangements, and what should be done with your remains.

Dying With a Will

When you have a valid will, it often makes life for your survivors much easier. In a will, you can appoint a person you trust to manage your estate after your death. The person you appoint is known as the executor for your estate. A will acts as their guide.

Even if you have a will, your estate still has to go through the probate process. The first step in the process is for the named executor to file your will with the probate court. The court then determines the authenticity of your will. Upon confirming that your will is valid, the probate court officially appoints the executor, most likely the person named in your will, to carry out the administrator duties. Generally speaking, as long as you don’t leave out forced heirs and your wishes in your will are not contrary to law, the executor the court will divide things out the way you have spelled out in your will. (Forced heirs are children under 24 years old or disabled. Disabled grandchildren can also be forced heirs. Forced heirs are generally entitled to a portion of your estate regardless of what your will says. There are several exceptions.)

Avoiding Probate

Regardless of whether a person dies with a will or not, the probate process exists to help ensure the decedent’s bills and taxes are paid and that their assets are distributed fairly. Though this sounds good in principle, the probate process can be a long and expensive process. And since the process takes place in the court system, it’s open to the public and the will can be contested. For these reasons, some people create trusts for their assets before they die. Their estates can settle outside of probate court and there is less of a chance that family members can successfully contest the will. Furthermore, trust-based estate planning, particularly with married couples, may be a money saver in the long run.

Consult with an estate planning attorney about your options. You may be able to keep your estate out of probate and leave a better legacy for your heirs.

This article offers a summary of aspects of estate planning and elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.