Posts By: Gene Osofsky

According to a study done by the AARP over 34 million people provide care to ill or disabled adults aged 50 or over, and with the aging baby boomer population (and their aging parents) that number is only likely to grow. This presents a growing problem, because providing care to aging parents or grandparents is an expensive undertaking, and often caregivers are required to cut back on working hours—or sometimes give up careers altogether—to take over the increasing needs of their aging loved one.

Most caregivers think they have only two options: care for their parent at home, or put them into a nursing home. Either one of these choices is not only expensive, but comes with its own set of emotional baggage. But there is another option that few people know of, and even fewer take advantage of:  adult day care.

Adult day service centers provide personal care, social activities, therapy and meals during the day while caregivers need to be away at work or even taking a much-needed break. If you have a parent who can no longer care for themselves during the day, but are unwilling to go into a nursing home, adult day services might be a good solution for everybody involved. And if you as caregiver are going to be contributing to the cost, you may be able to receive a tax credit for your contribution.

To find an adult day service center near you, click here.

Posts By: Gene Osofsky

Dealing with the death of a family member—especially when that family member is a parent—can be fraught with confusion and emotion even under the best of circumstances. Being named as the executor of a family member’s estate (although often considered an honor) means that you have to have a clearer head and more patience than everyone else during an already difficult time.

If you have been named as the executor of the estate it means that most likely a Will has been found.  Remember: a Will ususally requires probate, unlike a Trust.  (If the deceased did not have a Will,  then the estate will be distributed according to the state probate code.  In that event, a representative called an  “administrator” will have to be appointed by the court, but it does not mean that probate can be avoided. Preference in appointment is usually given to family members, in an order specified by statute.) Once you have been appointed the executor or administrator you are considered the responsible party during the probate process and can be held accountable by the beneficiaries. As the executor or administrator, the following is a partial list of your responsibilities:

  • Reviewing the estate assets.
  • Creating an accounting of the deceased’s assets and liabilities.
  • Giving notice to potential creditors.
  • Settling outstanding debts.
  • Making distributions for estate taxes.
  • Making distributions to heirs.
  • Filing a final accounting with the court to close the probate process.

In addition to the above responsibilities, it will be your responsibility to keep the estate viable (making sure the mortgage and fees continue to be paid) during the probate process. Probate can often be a lengthy process, so you may petition the court to release short-term supply funds for this purpose while proceedings continue.

If you are thinking that this sounds like no easy job you’re absolutely right! Executors and administrators are entitled to compensation from the deceased’s estate, although — if an immediate family member — some choose not to accept compensation. You should also remember that being executor or administrator does not mean that you are personally responsible for the debts of the deceased. All debts, taxes, legal fees, etc. should be paid from the estate of the deceased, not your own pocket.

If this all seems overwhelming, there is good news: You don’t have to go through all of this by yourself. The court can appoint someone to oversee the process (although these appointees often oversee a number of probate cases at a time and may be very busy) or you can find an attorney experienced in the probate process. If you find yourself in this situation, feeling confused and overwhelmed, please call our office. We understand, and we can help.

Posts By: Gene Osofsky

President Obama’s pet project of health care reform seems to have a lot of people worried. His talk of living wills encouraging people to specify their end-of-life wishes in particular are the topics bandied about most often in tense (or downright frightened) conversations. Some people seem to think that the very act of specifying your wishes in a living will is going to put you on the Do Not Resuscitate list. We’re here to tell you that nothing could be further from the truth.

In fact, creating a living will is a smart idea, one that can save no small amount of expense, suffering and confusion on the part of your family and your medical care providers, and we aren’t the only ones who think so. Robert Powell of The Wall Street Journal’s MarketWatch agrees with us, and has written an excellent article answering the frequently asked questions about living wills, explaining the differences between a living will and a health care directive, and outlining why each and every adult should have one of these documents.

If you still aren’t convinced you should have a document specifying your wishes for end-of-life treatment, talk to any friend or acquaintance who has been through this final act of love in supporting a family member at end of life. When you are ready, we can help you execute the documents you need to get the care you want when you aren’t able to care for yourself. A living will or health care directive is a standard document in any estate plan, so if you’ve been considering creating an estate plan this may be a good time to take the plunge. Apparently executing a living will or health care directive is no longer beneficial only to you and your family; it’s also good for your country.

Posts By: Gene Osofsky

We have received many inquiries from clients and colleagues asking whether the California Budget, just signed by Governor Arnold Schwarzenegger on July 28, 2009, will adversely affect nursing home residents who rely upon Medi-Cal to help pay for care. The good news: No. Neither will it directly affect subsidies for ancillary services, such as dental and podiatric care. The budget cuts made in order to close the $26 Billion “gap” will, however, have a tremendous affect upon Medi-Cal programs for persons not residing in nursing homes, upon child welfare programs, AIDS prevention, and low cost health insurance for low income children. Click on the link below for the full details. The cuts to Medi-Cal begin on page 15 of the Amendments:

http://www.dof.ca.gov/budget/historical/2009-10/governors/summary/documents/enacted/FullBudgetSummary.pdf

Posts By: Gene Osofsky

Shakespeare wrote about the seven ages of man, in which he describes the human journey from helpless child to adult and back to helpless child again:

“…Infant, schoolboy, lover, soldier, justice, pantaloon, and second childhood, ‘sans teeth, sans eyes, sans taste, sans everything’”.

Anyone who has had to watch as their parents age knows how true this passage can be. And just as difficult as watching your parents age can be talking to them about it. No parent wants to show weakness in front of their child, or admit that they need help; and often their reluctance to talk is fueled by the fear that they’ll be “put away”, or have their freedom and independence taken from them. Adult children are reluctant to bring up the subject as well—they’re afraid of angering their parent, or sometimes their afraid of having their worst fears confirmed.

But ignoring the subject won’t make it go away, and waiting too long can be disastrous. The best way to talk to your parents about aging is to bring it up early, before fear and obstinance have set in. Having these discussions ahead of time prepares both parent and child for what may lie ahead, insures everybody is on the same page and that there are no surprises in store.

However, even with advance discussions and planning, it is likely that a few uncomfortable subjects will still come up. This article from Reader’s Digest has some advice on how to broach these difficult subjects (including the subject of estate planning), and even provides a few scripts to help get the conversation started. If you’re still uncomfortable, having a third party mediator can be helpful; a trusted doctor—or even your estate planning or elder law attorney—can be a calm voice of reason in deep emotional waters.

Posts By: Gene Osofsky

Everyone knows that March and April are tax season, when everybody scrambles to get their taxes done, mailed off, and out of mind for the rest of the year; but according to this article from Reuters the taxes you pay in April can be significantly lower if you take the time to think about them now.

Author Linda Stern recommends mid-year as the best time to start thinking about your taxes because it gives you plenty of time to take advantage of various planning strategies and tax breaks, many of which she outlines in her article. Stern also points out that scheduling an appointment with your accountant in July—when accountants are not nearly as busy as March or April—means you’ll have more one-on-one time to strategize and discuss your financial situation.

Stern’s article is full of good advice and suggestions for saving on your taxes this year, but she forgets one important strategy: Creating your estate plan. Talking to a lawyer about your estate plan not only helps in understanding and organizing your finances, and protecting your assets for the future; but the money you spend in creating an estate plan can be tax deductable. Talk to your lawyer and accountant now about how you can protect—and save—your money in the future.

Posts By: Gene Osofsky

Health Care is one of the Obama Administration’s pet projects, and ever since President Obama took office there has been a lot of media attention and speculation about the national health care system and what changes (for good or ill) may be in store. Of course, the backbone of our national health care program is Medicaid, known as “Medi-Cal” in California.  It is funded by the state and federal governments, and managed by the states, Medicaid is “the United States health program for eligible individuals and families with low incomes and resources.”

Of course we’ve all heard about Medicaid, and most people know the very basics of what Medicaid is and what it does; but when questioned further, how many people actually know the difference between fact and fallacy? Do you know which services Medicaid will pay for? Or if Medicaid covers parents and their children? These questions and more are answered in this article from Kaiser Health News—Medicaid: True Or False? The article gives the opportunity to test your assumptions about Medicaid and improve your factual knowledge at the same time.

As the Baby-Boomer population ages, nursing home and elderly care is becoming the fastest-growing aspect of Medicaid. This means that we’re all likely to have to have dealings with Medicaid—either for ourselves or for someone we love—at some point in the future. Shouldn’t you know as much as you can about the program before that time comes?  For more California specific information in an easy to understand format, download our firm’s “Consumer’s Guide To Medi-Cal Planning”.

Posts By: Gene Osofsky

Many of our clients provide care for elderly loved ones; some even providing constant, around the clock care. Care giving is a demanding, overwhelming, and often grossly under-appreciated job. In addition to giving up their own time and interests, caregivers have to watch someone they love slowly regress and lose the ability to do even the most basic of tasks. Often, the senior being cared for eventually loses their ability to even recognize the people around them… including the person giving constant loving care. For all of these reasons, it’s very common for caregivers to experience depression and fatigue… caregiver burnout.

According to this article in the New York Times, depression and burnout does not have to be the plight of all caregivers, especially if you know the symptoms and how to combat them. And the good news is that just about all the preventative strategies listed in the article are easy and readily available… the hard part for caregivers is valuing their own time and mental health enough to take advantage of them.

There is a saying that hardships shared are halved, and joys shared are doubled; this is as true of care giving as it is for anything else. Many caregivers are reluctant to ask for help, but sharing the burden could save you from caregiver burnout. Don’t be afraid to reach out.

More information about caregiver support and resources can be found at the following websites:

http://www.caregiver.com/

http://www.ec-online.net/

http://www.caregiver.org

http://www.caregivershome.com/

Posts By: Gene Osofsky

It is human nature to want to be as informed as possible before making big decisions, and although we all know how important it is, the decision to create an estate plan is a BIG one. Most people like to do a little research and asking around before putting themselves at the mercy of an unknown attorney, but in the case of estate planning, there is just so much to know and the final decision can seem daunting. The more research you do the more complicated it seems. In addition, it can be hard to know which research to trust when it seems everybody out there has an agenda.

This is why our firm would like to offer this article by the reliably agenda-free Associated Press: Will or Trust? Understanding the differences. The article is an excellent overview of the differences between a will and a trust, and why one or the other might be a better choice for you and your family. It also answers some frequently asked questions about wills, trusts, and estate planning in general.

Of course, each family and situation will be different, and laws vary from state to state, so although we hope you find this article helpful, we still urge you to speak to an estate planning attorney face-to-face before making your final decision.

Posts By: Gene Osofsky

Google is getting into the healthcare industry. Google recently made it possible for individuals to store their healthcare records online through their Google Health Records Management Service, a move that has met with mixed reviews. Even more recently, Google Health has started offering another, similar, service: storage of your “end-of-life wishes” along with your healthcare records in their online database.

At first glance, this may seem like a great idea; what could be better than having your healthcare records and your end-of-life wishes stored in one easily accessible place? And Google does their best to make it easy for you to create an advanced directive with them as well. The problem is, not all advanced directives are created equal.

As important as it is to have an advanced healthcare directive, and to specify your wishes for your healthcare agent and your end-of-life care, it is just as important to do it the right way. First of all, each state has its own rules and regulations regarding the legality of your healthcare directive. Secondly, those laws have a tendency to change periodically, and if you aren’t going to be able to keep abreast of these changes you need to have an attorney who will. And last but not least, hospitals take their responsibility regarding patient privacy, the wishes of the patient, and the wishes of the family very seriously. Hospitals will often not talk to your agent or release information about your healthcare status unless you have a directive that complies with all the laws of your state AND you have a signed and updated HIPAA Authorization.

Before jumping on the “great deal” Google offers, talk to your attorney about your own healthcare directive and HIPAA Authorization. If you are determined to take advantage of the opportunity to put all of your healthcare documents online, rather than using Google’s “easy” forms, it might be a better idea to upload your own professionally created documents.