Gayle Reeves' Blog

Caregiver Stress

Fri, 06 Aug 2010 13:41:00 GMT

I recently came across a study done by a research team at The Ohio State University. It focused on the effect the stress of caregiving had on caregivers. The team conducted a 6-year study of elderly people caring for spouses with Alzheimer’s disease. The results were astounding to say the least. Not only was there a significant deterioration in the health of the caregivers, but it also found that the caregivers had a 63% higher death rate than a similar group of non-caregivers. Reported in the June 30, 2003 issue of Proceedings of the National Academy of Sciences.

The stress involved in caring for a loved one takes its toll on the caregiver both physical and mentally. Caregivers showed a higher level of depression and anxiety, increased alcohol and substance abuse, increased rates of physical ailments and a lower immune system. Additionally, caregivers were less likely to seek medical attention for their health conditions. In my practice I have seen this very thing happen time and time again. The caregiver wears themselves out caring for their loved one. They become so run down and drained that they don’t even recognize what is happening to them.

For all of you who are caregivers and for all of you who know a caregiver, please take a moment to step back and assess your situation. If you are under a lot of stress, here are some suggestions to help you:

                 1.    Ask for help. Find out what resources are available to help you. Ask friend and family members for assistance with such things a household chores, transportation, and meal preparation.

                        2.    Assessment and Care Plan. Have an assessment done to determine the needs of the caregiver and the loved one. A care plan can then be developed that will include support services to aid the caregiver.

                        3.    Take a break. Caregivers need a break from their job just like anyone else. Whether it is 2 hours or 1 week find a way to make time for yourself. If you don’t know anyone who can help you, there are many organizations that offer respite care.

                        4. Find a support group. There are many people in the same situation as yours. Finding that support group will make you feel less alone, and you may find ways of making your life a little easier and less stressful.

                        5. Look for alternatives.  Sometimes you just have to admit that you cannot provide the care anymore. Look for alternatives that will best meet the needs of your loved one and you, whether it hiring homehealth services, assisted living or nursing home care.

Keep in mind, that unless you take care of yourself, you will not be able to care for your loved one.

Guardian to an Estate

Mon, 29 Mar 2010 15:00:00 GMT

A guardian is a person who is appointed by the Probate Court to manage the financial and/or personal affairs of an individual (called the ward). Prior to approving a guardian, the Court must make a finding that the ward is mentally incompetent and in need of a guardian. It must also find that the applicant is a suitable person to serve as guardian. The guardian is answerable to the Probate Court for providing proper care to the ward and proper management of the ward’s affairs. Every two years a guardian must file a report with the Probate Court verifying the ward’s condition and/or accounting for the ward’s property.

A guardian of the person must make safe living arrangements for the ward. The guardian has physical custody of the ward and must provide the basic necessities, such as food, shelter, clothing, and healthcare. The guardian has the power to authorize and approve the provision of medical, health and other professional care, treatment and services. The guardian of the person must be a natural person; it cannot be a bank or a company.

A guardian of the estate must manage the ward's financial affairs for the best interest of the ward. The guardian has the powers to pay all debts owed by the ward, collect any monies due to the ward, and generally, to manage the ward's real and personal properties. The guardian of the estate may be a natural person or a bank or a company.

One less restrictive alternative to a guardianship is a conservatorship. A conservator is a person, appointed by the Probate Court, at the request of a mentally competent adult. The adult, realizing that he or she is unable to manage certain aspects of his or her life, ask the Probate Court to appoint someone to act on his or her behalf. The powers of the conservator may be as broad, or as narrow, as the adult requests.

Another less restrictive alternative is to create a power of attorney, while an individual is competent, that appoints another to handle his or her financial affairs in the event he or she becomes incapable of managing personal and financial matters.

Whether you know of someone who may be in need of a Guardianship or you are interested in exploring less restrictive alternatives, an attorney can help you review your options.

Is Your Estate Plan Up-To-Date?

Mon, 29 Mar 2010 15:05:00 GMT

Many people get their estate planning done, put it in a file or safe deposit box and forget about it. As with anything else in your life, your estate plan should be reviewed at least every couple of years or when a major change in your life occurs. Here is a simple test to see if your estate plan is up to date.

Have you prepared a Will or a Trust? Without proactive planning you are relying on the Ohio legislature to determine how your assets pass, to whom they pass, and when they pass
If you have done a Will or Trust, has it been reviewed in the last two years? An out-of-date plan is perhaps worse than no estate plan at all. Keeping your plan current is vital to achieving the goals you set out to accomplish.
Are all of your heirs over the age of 18 and financially responsible? In Ohio children inherit property, without restriction, at age 18. Proper planning is crucial to prevent an heir from squandering his or her inheritance.
Are you absolutely certain that your assets will not be subject to probate? I encourage you to make a list of each asset you own and identify how each asset is going to avoid probate. Probate can be costly and typically require 6 to 12 months from the date of death to conclude.
Do you have assets titled jointly with a child or children, or someone else? Holding assets jointly with someone other than a spouse is quite common, but has some potentially devastating consequences. A creditor of a joint tenant can take all or a part of the asset to satisfy the creditor’s claim.
Does your current plan provide your heirs with asset protection, divorce protection, and lawsuit protection? The most common means of providing for heirs is with outright distributions. By doing so, however, the inheritance becomes subject to the creditors or divorcing spouse of your heirs.
Is this your first marriage? Second or subsequent marriages present unique planning issues, particularly if both spouses have children from a prior marriage. Proper planning is critical to prevent undesired results.

If you answered "No" to any of the above questions or "Yes" to question 5, you should make an appointment to speak to an attorney about your estate plan. Gayle A. Reeves Co., L.P.A., Attorney at Law, Vineyard Square Plaza, 1607 State Route 60, Suite 10, Vermilion, OH 44089, call (440) 967-6565. Member of NAELA. www.gayleareeves.com

Alzheimer's

Tue, 03 Nov 2009 18:49:00 GMT

Alzheimer's is a terrible, progressive disease that affects one's ability to make decisions regarding personal care and financial matters. This loss of mental abilities affects how a person conducts their daily life.

It also affects one's memory so that, in the late stages, there is no recognition of beloved family members. This diagnosis is devastating to the patient and to his/her family. One of the first questions that I am asked is, "What should I do?"

It is very important that a person with a diagnosis of Alzheimer's get their personal and financial affairs in order. He/She should have an updated and valid Will, Financial Power of Attorney, Living Will and Durable Power of Attorney for Healthcare. These documents allow the client to express his/her desires with regard to who they want to have control over their finances, who they want to make medical decisions for them, and most importantly, what are their wishes regarding end-of-life. If you wait too long to have these documents prepared, it is likely that the client will not be competent to sign them. If that is the case, an application must be made to the Probate Court to have a guardian appointed.

It is also very important to think about long-term care planning. An average nursing home stay is 2 to 2 ½ years. A nursing home stay for an individual with Alzheimer's averages 7 to 11 years, providing there are no other medical issues. With nursing home costs averaging $75,000, this can have a financially devastating effect on the family. Long-term care planning is essential to provide a high quality of life for the Alzheimer's patient, yet maintaining the family's current standard of living.

It is critical to gather all of the financial information to determine which bills will need to be paid, which assets are available to pay for the person's care, and the sources of income that are available to pay the bills. This will aid in the determination of benefits that may be available to pay for the person's care.

The sooner these legal, financial and long-term care plans are made, the more the person with Alzheimer's will be able to

If you would like more information on planning for a person with Alzheimer's, please contact Gayle A. Reeves Co., L.P.A., Attorney at Law, Vineyard Square Plaza, 1607 State Route 60, Suite 10, Vermilion, OH 44089, call (440) 967-6565

Member of the National Academy of Elder Law Attorneys.

Trusts for Pets

Mon, 29 Mar 2010 14:57:00 GMT

Are you or do you know someone who is very close to their pets and worried about what will happen when they can no longer care for their pets or they die? This is a very common concern, regardless of a person's age. Luckily for the residents of the State of Ohio, the Ohio Trust Code specifically allows for the establishment of trusts for the care of animals. This Code sets out guidelines to use in creating such trusts, and for the Court to use in determining the validity of such trusts.

One of the basic requirements for a pet trust is the purpose of the trust must be for the care of animals alive during the lifetime of the creator of the trust (aka Trustor). Special considerations should be given if a person owns a breeding animal. Another requirement is that the trust must terminate upon the death of the animal, or upon the death of the last surviving animal if the trust provides for the care of more than one animal. Careful thought must be given to appointing someone who will physically care for the animals. You may also want to designate someone who will make sure that the animals are receiving the proper care. The trust should contain provisions for the specific use of the funds. Some appropriate expenses might be for veterinary services, food, grooming, toys, and boarding.

The property held in the trust may only be used for its intended purposes. Therefore, particular consideration must be given to the funding of the trust. A specific dollar amount may be designated to provide for the care of the pets. An alternative is to create a formula, which would be used upon the death of the Trustor to determine the amount of money to be set aside for the care of the pets. The trust should have sufficient assets to provide for the pet during the rest of its lifetime.; If there is money remaining in the trust when the pet passes away, you should designate to whom the money would be distributed. Do you want it to family members, friends, the pet's caregiver, or to a charitable organization whose main purpose is animal protection?

The creation of this type of trust gives peace of mind to pet owners who can be assured that their pets will be well taken care of, even if the owners cannot do it themselves.

If you would like more information on Pet Trusts, please contact Gayle A. Reeves Co., L.P.A., Attorney at Law, Vineyard Square Plaza, 1607 State Route 60, Suite 10, Vermilion, OH, 44089, call 440-967-6565. Member of the National Academy of Elder Law Attorneys.

Long-term Care Insurance

Thu, 28 May 2009 14:38:00 GMT

Children are watching their parents' money dwindle down due to the high cost of long-term care. Many seniors are concerned about how they are going to pay the fees for an assisted living or nursing facility when they can no longer remain in their home.

The cost of a room in an assisted living facility is approximately $3,100 a month, depending upon the services required. The average monthly cost for a room in a nursing facility is $6,000. Long-term care insurance can be a valuable estate planning tool for people who do not want to spend all of their money on long-term care.

Long-term care insurance is expensive, averaging $3,000 to $4,000 per year. However, if you need to use the insurance, you are likely to see a return of your premiums in a matter of months.

Some questions to ask when choosing an insurance policy are:

Will the premiums go up?
What is the elimination period?
Is inflation protection available?
If I do not use the policy will it convert to a death benefit or can I get a return of my premium?
Is there a discount if a husband and wife take out a policy?
Can I get coverage even though I have some medical conditions?
How many years of coverage do I need?
Will it cover long-term care in my home, in an assisted living facility and/or in a nursing facility?

Care must be given to making sure you choose a policy that is going to give you the maximum benefit at an affordable premium. Always get quotes from 2 or 3 separate sources. Look at the companies who are offering the insurance, choose one that has been in the business a long time and has a good track record on paying claims. As with all estate planning, the earlier you begin the better. Premiums are generally much lower if you take out a policy when you are in your 40s and 50s as opposed to your 70s. Always consult with a licensed insurance professional who is experienced in the area of long-term care to assist you with finding a policy to meet your needs.

General Durable Power of Attorney

Tue, 21 Apr 2009 14:22:00 GMT

Who will take care of my affairs if I can't? How will my bills get paid if I'm in the hospital? If you are asking yourself these questions there is a simple procedure available to put your mind at ease.

There is a document, called a GENERAL DURABLE POWER OF ATTORNEY that you can sign to give someone else the ability to take care of these matters in the event that you are not able to take care of them yourself.

A GENERAL DURABLE POWER OF ATTORNEY is a document in which you (the principal) give another person (the attorney-in-fact) the power to manage your property and to make decisions regarding your financial and personal matters.

An attorney-in-fact can be given as much or as little power as you choose. It may take effect immediately, at a specific date, or upon the happening of an event. It remains effective until the principal revokes it or dies. A durable general power of attorney is effective even if you should become incapacitated, incompetent or disabled.

An example of some of the powers that can be given to an attorney-in-fact are:

To deposit and withdraw funds from a bank account
Sign your name on checks
Handle tax matters
Sell personal or real property
Pay for services rendered to you
Make gifts
Provide for in-home services for your care instead of nursing home care.

A Power of Attorney is important as it may save your family members from having to apply to the Probate Court for Guardianship in the event you become incapacitated. A simple example of the difference between the Power of Attorney and the Guardianship involves the sale of real estate. By having a power of attorney that authorizes another to sell your real property, that person may contact a real estate agent and sell the property on your behalf.

On the other hand, if you do not have a power of attorney, someone must apply to the Probate Court for appointment as your Guardian, and than file a separate action asking the Court for authority to sell the real property. The Probate process may take six months before your Guardian is even authorized to list the real property. All of a sudden a very personal matter has become very public, as most Probate Court filings are a matter of public record.

A power of attorney may also be drafted to authorize the attorney-in-fact to carry out your estate planning goals. For example, if you typically make gifts to family members in order to reduce your overall estate value, a power to make such gifts and to file gift tax returns, if necessary, may be included in your power of attorney. If the power to make gifts is not specifically included in the power of attorney, it may cause the value of the gifts to be brought back into the estate for tax purposes.

The authority given in these documents can be exercised without the need for court supervision or authorization. Care must be given in selecting the right person to serve as your attorney-in-fact. A family member or friend in whom you have complete confidence, and who would keep good financial records, would be a reasonable choice as your attorney-in-fact.

While there are many generic forms available for powers of attorney, an attorney experienced in preparing this document can prepare a Power of Attorney that will be drafted to meet your individual needs. The attorney will also make certain that all the requirements are met in order for the document to be a valid, enforceable durable power of attorney. It is a simple procedure that can give you peace of mind in the future.

Living Wills

Thu, 28 May 2009 14:39:00 GMT

A Living Will is an expression of your desires with regard to life sustaining treatment. The Durable Power of Attorney for Healthcare permits you to appoint someone to make these decisions if you are unable to make them for yourself.

These documents allow you to clearly state your wishes with regard to artificially or technologically prolonging your life, feeding tubes, fluid tubes, medication, organ donation, CPR (cardiopulmonary resuscitation) and DNR (do not resuscitate) orders. If you have any specific instructions, these may also be included, such as: you want to be in your home at the end of your life; any religious or moral views about particular types of treatment; kidney dialysis even though you are in a coma; or no blood transfusions.

Communication with the person you appoint to make decisions for you is extremely important. You need to make sure that they are willing to follow your wishes with regard to decision making. Some important issues to discuss are what medical treatment you want, and don’t want; what comfort care means to you; where you want to be and who you want to be with you.

Knowing what to ask the health care providers is also very important. Some questions that should be asked are:

What is the main problem?
What is the proposed treatment?
What is the benefit of the treatment?
What are the risks of the treatment?
By having the treatments will my condition improve?
If I do not have the treatment, what is my life expectancy?

Only by being fully informed can you, or your healthcare agent, make decisions consistent with your end of life wishes.

A great deal of thought must go into the preparation of the Living Will and Durable Power of Attorney for Healthcare to make sure that your true desires are followed at the end of your life. The more you can define your choices for your end of life care, and the more you communicate these desires in advance of a crisis, the easier it will be for your designated loved one to make those difficult decisions for you.

Assisted Living Facilties Visits and Costs

Thu, 28 May 2009 14:39:00 GMT

When a family visits an Assisted Living Community for the first time, it is not uncommon for them to experience a major jolt when they hear the monthly cost. From a marketing perception, it is awesome to bring a "relief" to their dilemma and to hear and see the sign of relief when I point them in the direction of receiving Aid and Attendance.

Usually, the situation is that no one has ever informed them of this benefit, or they have no knowledge of how to get to the second step, or they just assumed that it was for someone else and not for their loved one.

Aid and Attendance for the Veteran and/or the Widow of the Veteran has enabled many seniors to receive additional daily care and additional financial relief. Another huge plus has been the immediate family's ability to continue to work in their profession, without the emotional burden and pressure of the medical & safety issues that would exist if the senior loved one was left alone in his/her own home.

The veterans who are in Assisted Living Communities are a unique and special group and we are honored to have many in our community. Giving back to them with 24 hour watchful care is a privilege and honor made available by the additional funds from Aid and Attendance. These monthly funds may be as high as:

$1,554.00 For a Single Veteran
$1,842.00 For a Married Veteran
$998.00 For a Widowed Spouse
$2,400.00 For a Veteran Married to a Veteran

Help spread the word to those awesome veterans who willingly answered the call for freedom and NOW find themselves looking for additional solutions to their financial woes in today's economy and rising health cost.

Assisted Living Facilties

Thu, 28 May 2009 14:39:00 GMT

There may come a time when a person realizes that they cannot stay in their home any longer. It may be because of deteriorating health, an inability to maintain the home, or to provide meals for themselves. Sometimes loneliness will drive a person to look for someplace to live where they can have the company of others.

When this happens many people start to investigate assisted living facilities. Many of these facilities offer a variety of activities and outings in addition to a room, meals and security. I have found many a client who began to bloom when they moved to an assisted living facility. The social stimulation allowed them to keep active both physically and mentally, making them much happier people.

Of course once you begin looking around for a facility that you like, the largest issue is cost. While there are no social service programs that cover the cost of assisted living, there are funds available from the Veterans Administration if you are a Veteran or the surviving spouse of a deceased Veteran. If you have a non-service related disability you may be eligible for benefits under the Disability Pension. If you are unable to work (which is easy to prove if you are over 65), are housebound (which means you cannot safely drive a vehicle) and have a medically documented need for assistance with your activities of daily living (bathing, dressing, eating, toileting, transferring) you may qualify for this benefit. Additional requirements are that you had a discharge other than dishonorable, and served a minimum of 90 days, with at least one of those days being served during a declared period of war. You will need either your original discharge papers or a certified copy of them. It is best to look for those papers now because, if you cannot find them, it may take some time to obtain them from the government.

Once the application form is completed and submitted to the Veterans Administration it takes approximately 6-8 months for it to be processed. Once the application is approved, it takes another 4-6 weeks for you to receive payment. However, the benefit is retroactive back to the month after the month in which your application was received. So if your application is received by the Veterans Administration in March, the benefit will be retroactive to April. The current benefits available are $1,519 per month for a Veteran, $1,801 per month for a Veteran with a spouse, and $976 per month for the surviving spouse of a deceased Veteran. Certainly this benefit may make the difference in your financial ability to move to an assisted living facility.

Most assisted living facilities and many Veterans groups have the application forms and can assist you with completing it and obtaining the necessary documentation. There are also some independent agencies that will process the form for you for a fee.