Everything Elder Law

Everything Elder Law Blog Has Moved to EverythingElderLaw.com

2013-11-01T17:51:00.001-04:00

Everything Elder Law blog has merged with our other blog, but the name has stayed the same. It is now located at http://www.farrlawfirm.com/blog/. Please bookmark the new location. Thank you for your continued readership!

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2013 World Alzheimer’s Report Says: Cost of Alzheimer's will Triple

2013-09-26T10:20:00.000-04:00

More than 35 million people worldwide live with Alzheimer’s today. By 2050, that number is expected to more than triple to 115 million. The 2013 World Alzheimer's Report, titled " Journey of Caring: An Analysis of Long-Term Care for Dementia," forecasts that the cost and burden of caring for people with dementia will approximately triple by 2050 because a cure has not yet been discovered.

The World Alzheimer's Report, which was produced by researchers at King’s College in London, identifies areas in which specific actions could lead to improvements in the quality of care for people with dementia and strategies to make the care more affordable.

The report reveals that:

As the world population ages, care provided by family, friends, and community will require much greater support;
More attention needs to be paid to maintaining and enhancing quality of life and helping those affected and their families to live well with dementia;
Increases in research funding are needed to reenergize the work on dementia prevention, treatment and care;
The quality of care in nursing homes should be monitored through the quality of life and satisfaction of residents, in addition to routine inspections, as nursing homes will remain an important component of long-term care;
Autonomy and choice should be promoted during all stages of the dementia journey, prioritizing the voices of people with dementia and their caregivers;
Health and social care systems should be better integrated and coordinated to meet people’s needs;
Caregivers must be adequately trained and systems should be in place to ensure paid and unpaid caregivers are properly valued;
Governments need to make dementia a bigger priority.

People with Alzheimer's live on average four to eight years after they're diagnosed, but some may live 20 years beyond their initial diagnosis. Do you have a loved one who is suffering from Alzheimer’s? Persons with Alzheimer’s and their families face special legal and financial needs. At the Fairfax and Fredericksburg Medicaid Planning Law Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from dementia and their loved ones. If you have a loved one who is suffering from Alzheimer’s, we can help you prepare for your future financial and long-term care needs. We help protect the family’s hard-earned assets while maintaining your loved one’s comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Call 703-691-1888 to make an appointment for a no-cost consultation.

Evan H. Farr on Google +

Fredericksburg Elder Law

Estate Planning

Fairfax Elder Law

Long-Term Care

Medicaid Asset Protection

Neurotrack – Identifying Alzheimer’s Disease 3-4 Years Early

2013-09-24T16:07:00.001-04:00

Alzheimer’s is a debilitating neurological disease that continues to elude scientists, researchers, and physicians in terms of the cause, how to detect and diagnose it, and how to treat it. Elli Kaplan, whose grandparents suffered from Alzheimer’s, founded Neurotrack, an early diagnostic test for Alzheimer’s that can detect symptoms 3-4 years before they appear.

Neurotrack functions as a computer-based memory test that looks at impairments in the hippocampus of the brain, which is the first structure that is impacted by Alzheimer’s disease. It works as follows: Patients sit in front of a computer screen with an eye-tracking device and view a series of images, some novel and some not novel. Based on how much time a patient spends looking at the novel image versus the image that hasn’t changed, Neurotrack can give you a prognosis.

According to Kaplan, “It is a seemingly simple test that brings together two very complex things: First, a human being’s innate preference for novelty; and second, the discovery, made by Dr. Stuart Zola, that by tracking the way an individual moves their eyes, particularly when viewing objects or images, one is able to diagnose impairments that exist in the brain that might not be diagnosable by even more invasive diagnostic tools.”

What are the advantages of an early diagnosis of Alzheimer’s, a currently incurable disease?

Finding the right people for clinical trials: One of the biggest problems that pharmaceutical companies face today in terms of developing preventive drugs for Alzheimer’s disease is populating the clinical trials with the right type of people. Neurotrack will help pharmaceutical companies find the right subjects for the trials, so they can be conducted more quickly, and life-saving drugs could get to market much faster.
Families have an extra few years to plan financially for Alzheimer’s: The costs of Alzheimers disease are $200 billion today and projected to be in excess of $1 trillion by 2050. Families with loved ones who have Alzheimer’s often spend $10-$12,000 per month for nursing homes in Northern Virginia. An early diagnosis will enable the person with Alzheimer’s and his or her family to proactively meet with a Certified Elder Law Attorney, such as Evan Farr, and plan for future financial and long-term care needs.

To date, Neurotrack has received $50,000 in state grants from the Georgia Research Alliance. Emory University received approximately $2.3 million in funding from the National Institutes of Health and the Woodruff Foundation to support the scientific research behind Neurotrack’s diagnostic tests. The Atlanta-based startup, which launched over the summer, is currently raising a seed round of $1.5 million to $2.5 million from strategic and institutional investors.

Do you have a loved one who is suffering from Alzheimer’s? Persons with Alzheimer’s and their families face special legal and financial needs. At The Fairfax and Fredericksburg Medicaid Asset Protection Planning Law Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from Alzheimer’s and their loved ones. If you have a loved one who is suffering from Alzheimer’s, we can help you prepare for your future and for your loved ones. We help protect the family’s hard-earned assets while maintaining your loved one’s comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Call 703-691-1888 to make an appointment for a complimentary consultation.

Long-Term Care

Medicaid Planning

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Anti-Psychotic Medications are Being Overused

2013-09-24T09:13:00.002-04:00

The American Psychiatric Association (APA) has raised concerns about practitioners overprescribing and overusing anti-psychotic medications for seniors with dementia, children with behavioral problems and/or ADHD symptoms, or adults suffering from insomnia.

Anti-psychotic medications include drugs traditionally used for conditions such as schizophrenia and bi-polar disorder. Recently, they have been more widely used for patients ranging from unruly nursing home residents to children with aggressive behaviors or attention deficit hyperactivity disorder. That's despite growing concerns about misuse and side effects.

The concern is that, in many cases when misused, these medications actually cause the problem to get worse or even cause other issues and adverse side effects. In fact, the American Board of Internal Medicine (ABIM) recently launched a campaign called “Choose Wisely,” to raise awareness and spread the message that anti-psychotic medications should not be the first course of treatment. The group also cautions against using the medications without full evaluations and ongoing monitoring or using them in combinations of two or more, without trying several single medications first.

According to USA Today, “it's questionable for practitioners to use anti-psychotic drugs as routine or first-choice treatments for:

The behavioral and psychological symptoms of dementia. This is a common practice in nursing homes. But side effects can include confusion, sedation and hastened death;
Children and teens with any condition other than a psychotic disorder. Use in children has risen rapidly, especially among poor and minority children, despite research linking the medications to weight gain, cardiovascular changes and an increased risk of type 2 diabetes;
Adult insomnia. There's inadequate evidence they work for the sleeping problem.”

Additional efforts are underway. Another campaign to reduce anti-psychotic use in nursing homes by a national coalition of care providers, consumers and government agencies led to a 9% drop in the first year, the U.S. Centers for Medicare & Medicaid Services (CMS) recently reported.

At the Fairfax and Fredericksburg Elder Law Firm of Evan H. Farr, P.C., we are dedicated to helping protect seniors and individuals with special needs by preserving dignity, quality of life, and financial security. If you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, call us at 703-691-1888 to make an appointment for a no-cost consultation.

Long-Term Care

Medicaid Asset Protection

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The Long-Term Care (LTC) Commission issues final report, providing Congress with a detailed picture of challenges and potential

2013-09-19T16:16:00.002-04:00

The Long-Term Care (LTC) Commission has issued its full report to Congress this week. The report provides a detailed overview of long-term care servicing and financing issues facing Americans. With little time and in today's politically charged environment, the 114-page document provides an in-depth assessment of challenges facing the current U.S. long-term care system and offers a broad array of potential solutions.

The recommendations in the report were based on public comments and hearings, and the 15 members' expertise in the field. They include:

Elimination of Medicare's three-night hospital inpatient requirement to qualify for post-acute coverage;
More public resources to speed development and implementation of LTC-specific health information technology;
Expansion of “No Wrong Door” programs, which are meant to ensure that individuals end up in the most appropriate care setting no matter where they enter the LTC system;
Creation of a national advisory committee to continue this work. The entire commission acknowledged that it faced enormous time constraints, and its report is not comprehensive enough to serve as a definitive blueprint for reform, so a national advisory committee should be created.

Those who are anticipating significant changes from the report findings or a recommendation for a new program to address long-term care may be disappointed. Click here to access the commission’s complete recommendations.

We here at the Fairfax and Frederickburg Elder Law Firm of Evan H. Farr, P.C. believe that with the rising costs and growing need for long-term care, Medicaid Asset Protection Planning is one of the best ways to provide for your future long-term care needs. Call 703-691-1888 to make an appointment for a free consultation. We can meet with you, assess your financial situation, and determine strategies for your long-term care plan.

Long-Term Care

Medicaid Asset Protection

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Sticker Shock: What Long-Term Care Costs

2013-09-18T15:00:00.000-04:00

There are few sticker shocks that are as bracing as the price of long-term care. Who knew that hiring someone to help with the simplest activities, such as bathing, toilet use, dressing, eating and moving, could cost so much? Whether recovering from surgery or a stroke or suffering from a debilitating disease such as Parkinson’s, skilled help is costly and the prices keep increasing.

A 2013 report by Genworth Financial estimates that the national median daily cost of a private room in a nursing home is $230 a day (nearly $7,000 a month), an increase of 3.6 percent over 2012. Sharing that room is only $27 less a day, according to the report. In 2008 the median annual rate for a private nursing home room was $67,525, compared with the 2013 median annual rate of $83,950. This means that Americans can expect to pay approximately $16,425 more per year today for a nursing home than they had to pay in 2008. In Northern Virginia, the cost of a Nursing Home can range from $10,000-$12,000 a month, which equates to a whopping $120,000 to $144,000 a year.

Nearly 730,000 Americans live in assisted-living facilities. The average resident of an assisted-living facility stays only two years, entering at the age of 87. For these residents, who need less care, an assisted-living facility’s median national daily cost is $3,450 a month, an increase of 4.55 percent since 2012. Those able to remain in their homes will pay a median national wage of $21 an hour for a licensed home health aide or $19 an hour for a helper.

In the past, retirees typically relied on their pensions to help defray the costs of long-term care and were often able to sell their homes for a healthy sum, providing the means to pay for institutional care, while those with more limited means would rely on Medicaid. But the stock market crash of 2008 diminished the value of many nest eggs, and the housing market has not fully recovered in some regions. Preparing for the cost of long-term care is now a concern for many aging Americans, whose money and hard-earned assets would run out quickly if they tried to pay for long-term care out-of-pocket.

With 10,000 baby boomers retiring every day for the next 19 years, the issue of how to pay for long-term care is more pressing than ever. Do you have a loved one who is in a nursing home or nearing the need for nursing home care? Are you looking to plan ahead for yourself in the event nursing home care is needed in the future? Life Care Planning and Medicaid Asset Protection is the process of protecting assets from having to be spent down in connection with entry into a nursing home, while also helping ensure that you or your loved one get the best possible care and maintain the highest possible quality of life, whether at home, in an assisted living facility, or in a nursing home. Learn more at The Fairfax and Fredericksburg Medicaid Asset Protection Law Firm of Evan H. Farr, P.C. website. Call 703-691-1888 to make an appointment for a no-cost consultation.

P.S. We now have an office in Downtown Fredericksburg, VA. Please call us at 1-800-399-FARR to make an appointment for a no-cost consultation at our new second location!

Fredericksburg Elder Law

Estate Planning

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Estate Planning for Unmarried, Cohabitating Couples

2013-09-17T09:18:00.001-04:00

Many people live with their significant other, but for any number of reasons, choose not to get married. Even though cohabitation may be legal, unmarried cohabitants face unique estate planning challenges regarding incapacity, inheritance, and estate taxation. Estate planning is especially important for people in this situation, if they expect their significant other to inherit property from them upon their death.

What are some of the challenges cohabitating couples face (without estate planning in place)?

Unlike their married counterparts, unmarried cohabitants will not be able to make fundamental health and financial decisions for one another in the event of incapacity.
Absent proper legal planning, state laws that determine the distribution of assets of a person who dies without an estate plan will leave nothing to the surviving cohabitant.
The unlimited marital deduction is an unlimited deduction for estate (and gift) tax purposes, but only for transfers between spouses.
It is vital that couples who elect to cohabitate obtain expert legal counsel to minimize or eliminate these adverse results.
LGBT cohabitating couples face additional legal hurdles when it comes to estate planning. Read more about them here and follow our blog for post-DOMA updates.

Without proper estate planning - and depending on how assets are titled - an unmarried partner could receive nothing and even potentially be forced out of the home the couple may have shared for years. This can be a very unpleasant surprise for people who have planned their life together, but chose not to get married.

It is highly recommended that people in this situation meet with a Certified Elder Law Attorney, such as Evan H. Farr, to explore their estate planning options to avoid unwanted consequences when one partner passes away. It's crucial that people don't assume that their partner will be "taken care of" by other family members or heirs.

Estate planning strategies such as those employed by the Fairfax Estate Planning Firm of Evan H. Farr, P.C. are extremely valuable techniques for everyone, single or married. Most people have worked their entire life to accumulate the property that they own. Everyone needs the peace of mind that comes with making sure that their finances are taken care of if they become incapacitated, that decisions about health care are carried out the way they’d like even if they’re not able to make them, and that their children and other heirs are taken care of when that time eventually comes. If you haven’t started your estate planning or would like to update your documents, call 703-691-1888 to make an appointment for a no-cost consultation.

P.S. We now have an office in Downtown Fredericksburg, VA. Please call us at 1-800-399-FARR to make an appointment for a no-cost consultation at our new second location!

Fredericksburg Elder Law

Estate Planning

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Parents of Children with Special Needs - Alleviating Stress and Planning for the Future

2013-09-13T14:24:00.002-04:00

As a parent, receiving news about a difficult diagnosis, such as autism or any other special need or disability, can induce feelings of anger, grief, and stress. A thousand questions race through the mind: What does it mean to have a child with special needs? What will the future hold? If something happens to me, who will be there for my child and how can I ensure that his or her needs are met?

Recent research has indicated that parents of children with special needs may even experience feelings and symptoms of traumatic stress, particularly at the time of their child’s diagnosis. Parents may feel pressure from family and friends to be “strong” or to remain positive, causing them to bottle up their emotions, feelings of stress, and concerns for the future. Below are some ways that parents of special needs children can alleviate stress and gain comfort:

Take time for yourself: Taking time to rejuvenate and relax will help you respond to daily stressors and be more available to your children and partner.
Express and share your feelings of grief: Find a way to share your story with trusted friends, family or professionals who will help you sort out your feelings.
Seek out parent and peer support groups: Speaking with others who “have been there” can be very comforting.
Work with agencies or individuals who focus on the parent-child relationship, and help promote the growth and development of your child: Skilled therapists or interventionists can help promote feelings of connection and competence with your child and can reduce stress by providing another forum in which you can discuss your experiences, concerns and feelings.
Get peace of mind by planning for your child’s future: Parents of those with special needs are tasked with planning for their children throughout their lifetime, as many of them will outlive their parents but might not be able to support themselves and live independently. Nothing is more comforting than knowing your child will be taken care of should something happen to you. Meet with a Certified Elder Law Attorney who specializes in Special Needs, such as Evan H. Farr, to discuss options for your family.

As a parent or guardian, you want to ensure that your child with special needs will remain financially secure even when you are no longer there to provide support. A Special Needs Trust is a vehicle that provides assets from which a disabled person can maintain his or her quality of life, while still remaining eligible for needs-based programs that will cover basic health and living expenses.

If you have a special needs child who will likely need care for life, it’s important to provide legal protections for your child. The Fairfax Special Needs Law Firm of Evan H. Farr, P.C. can guide you through this process. Be sure to check out our dedicated Special Needs Website at http://VirginiaSpecialNeeds.com. If you have a loved one with special needs, call 703-691-1888 to make an appointment for a no-cost consultation.

Special Needs

autism

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Caregivers and Loved Ones are Making Memories at Memory Cafes

2013-09-11T12:23:00.000-04:00

In a recent blog post, we discussed death cafes, which present a comfortable way to talk about death. In this post, we will discuss another type of café, a memory café, which offers a venue for caregivers and people with memory loss to focus on life and memories with loved ones.

A memory café is a social gathering where people with early Alzheimer’s or dementia or mild cognitive impairment and their caregivers can come together in a safe, supportive environment. Guests can share conversation over a cup of coffee in a relaxed, informal atmosphere, such as a community center, café or church. Memory cafes sometimes offer games and activities, music, and perhaps, an occasional outing. Some have educational resources, such as an Alzheimer’s expert, but others are purely social.

Caregivers often say that one of the hardest parts of dealing with dementia and other memory loss is the absence of the normal interactions they once had. Memory cafés are a break from the routine. They aim to restore normalcy and fun to caregivers and their loved ones. Although a memory café is a place to go where others are dealing with similar issues, it is not meant to be a support group.

Memory cafes were invented by Dr. Bère Miesen, a Dutch psychologist who understood the need for social connection when he opened the first such café in Holland. The idea is now gaining traction in the US, where close to 100 cafés have opened in cities and towns across the nation.

The first memory café in the United States is J. Arthur’s in Roseville, Minnesota. The group meets twice monthly and has events including live bands and even Wii bowling tournaments (see yesterday’s post about the advantages of video games for seniors.) To see what a Memory Café is like, you can watch this video from one of their meetings.

To find a memory café near you or to start one:

Do you have a loved one who is suffering from dementia? Persons with dementia and their families face special legal and financial needs. At The Fairfax Dementia Planning Law Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from dementia and their loved ones. If you have a loved one who is suffering from dementia, we can help you prepare for your future financial and long-term care needs. We help protect the family’s hard-earned assets while maintaining your loved one’s comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Call 703-691-1888 to make an appointment for a no-cost consultation.

Evan H. Farr on Google +

caregivers

dementia

Alzheimer's

Older People Who Play Video Games Enjoy Sharper Brain Function

2013-09-10T16:03:00.000-04:00

Video games are not just for kids anymore. Seniors have become among the most enthusiastic users of video games and studies show that certain games can strengthen and improve cognitive and physical abilities of seniors as they age.

In a recent study, researchers at the University of California, San Francisco, have found that a driving video game called “Neuroracer” can improve memory and attention among older players. In “Neuroracer”, players drive a car along a winding road while keeping an eye out for road signs that occasionally pop into view. A preliminary study of the game showed just how badly age wears down our ability to switch attention: people in their 20s were 26% worse at choosing the right signs when they had to drive at the same time, while people in their 60s and 80s were 64% worse. With practice though, the elderly players got a lot better, and this improvement carried over to other mental activities. Elderly players’ memory and attention improved, including mental powers that were not directly targeted by the game. The findings suggest that the brain can continue to change late into life, and that properly designed games could help counteract some of the mental decline that comes with age. Please note that there is no commercial version of Neuroracer and probably never will be, according to the team that created the game, which says it was developed as a research tool and not a consumer product. For some of the video games that are commercially available to help elders, please see our earlier blog post wherein we gave links to several video games for elders.

Other studies have found that video games have also been linked to:

Countering Depression: Another study conducted at the Sam and Rose Stein Institute for Research on Aging at the University of California, San Diego School of Medicine showed that the “use of ‘exergames’ (on Wii® and Xbox Kinect® platforms) significantly improved mood and mental health-related quality of life in adults with depression”.

Preventing falls: Researchers at The University of Aberdeen, Scotland and the UK’s National Health Service conducted a four-month study that tracked changes in people over the age of 70 when regularly using Wii Fit® and found that it could improve balance as well as help seniors avoid falls.

Providing exercise: The American College of Sports Medicine conducted a study with 24 participants ranging from 66 to 78 years of age and found that playing certain video games (specifically ‘exergames’ on Wii® and Xbox Kinect® platforms) could burn up to 20-176 calories in a half an hour.

Improving mental health: A University of Florida study indicates that video games can “help senior citizens stay mentally alert.” Seniors have improved mental sharpness and hand-eye coordination when playing video games.

We here at the Fairfax Elder Law Firm of Evan H. Farr, P.C. are pleased to see all of the advances in technology and video games available to help improve seniors quality of life, health, and well-being. Now that you know about the benefits of video games, it is time to plan for your future and for your loved ones. Evan H. Farr is a Certified Elder Law Attorney with a focus on helping protect seniors and their families by preserving dignity, quality of life, and financial security. Call us at 703-691-1888 to make an appointment for a complimentary consultation.

Senior Citizens

Nursing Hom

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What does CELA really mean?

2013-09-09T13:36:00.001-04:00

Elder Law

Evan H. Farr is a Certified Elder Law Attorney (CELA)*. What does that really mean?

The National Elder Law Foundation describes the CELA certification as "the gold standard" for elder law and special needs practitioners. Why? There are only around 400 CELAs in the country that meet the stringent criteria (see list below), and who are therefore qualified enough to hold the valued designation.

What does an attorney need before he or she can be qualified as a CELA?

Have practiced law for at least five years, and have focused at least half of their practice in the special needs/elder law field for at least the last three of those years.
Demonstrated "substantial involvement" in special needs and elder law practice, by demonstrating a minimum number of individual cases, spread across a number of different categories making up the "elder law" definition.
Studied for, take and pass a rigorous, day-long written examination. Recent pass rates have hovered around 50% -- and that is of applicants who have already met the experience requirements.
Undergo a review by peers and colleagues, focused on the applicant's reputation for ethical and competent representation in elder law and special needs planning matters.

When you look for someone to handle important details in your life, you naturally look for the very best. Whether it be a dental surgeon when you need a root canal, an automotive repair professional to replace your brakes, or a tutor for a special needs child, of course you want the very best that money can buy.

Not everyone is qualified to give Medicaid advice. Before moving forward with an attorney, ask about their credentials and training. Keep in mind that a CELA certification is confirmation that your lawyer is “more than just qualified” and that you are getting “the best legal representation available.” (source: The National Elder Law Foundation)

Evan H. Farr is a Certified Elder Law Attorney*, best-selling author, and creator of the Living Trust Plus™. He is one of the leading Elder Law Attorneys in Virginia and foremost legal authorities in the Country in the field of Medicaid Asset Protection and related Trusts. Our firm is dedicated to helping protect seniors and their families by preserving dignity, quality of life, and financial security. If you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, call The Fairfax Elder Law and Estate Planning Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a no-cost consultation.

Certified Elder Law Attorney

*Virginia has no procedure for approving certifying organizations.

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LGBT Spouses are Now Eligible for Key Government Benefits

2013-09-06T13:11:00.000-04:00

Since the Supreme Court issued its decision in United States v. Windsor to strike down Section 3 of the federal Defense of Marriage Act (DOMA) in June, several federal agencies have revised their policies to bring them in line with the Windsor decision.

These are some of the notable changes that bring equality to couples who are in legally recognized same-sex marriages:

Elder Law

The Department of Health and Human Services (HHS) released a statement on August 29 that LGBT spouses are now eligible for key Medicare benefits when it comes to care in a nursing home where their spouse lives. Prior to this guidance, a beneficiary in a same-sex marriage enrolled in a Medicare Advantage plan did not have equal access to such coverage and, as a result, could have faced time away from his or her spouse or higher costs because of the way that marriage was defined for this purpose. Now, LGBT married couples enrolled in private Medicare Advantage plans (about 13 million people) are entitled to coverage for nursing-home residency in the same facility where their spouse resides.

The Internal Revenue Service (IRS) has ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes regardless of where they live when the file their tax returns. This means that the Treasury Department and IRS have adopted a “state of celebration” rule as opposed to a “state of residence” rule. As a result, it is now possible for same-sex couples to be federally recognized as same-sex spouses even though their marriage may not be recognized in the state where they reside. This ruling will likely result in numerous same-sex couples traveling to a jurisdiction solely to get married and obtain federal tax recognition of their marriage. This ruling will now also require employers in all states —not just those states that currently recognize same-sex marriage—to allow same-sex couples to obtain spousal benefits under employee benefit programs. The IRS intends to issue further guidance on the retroactive implications of this position. Note that this new IRS ruling does not apply to registered domestic partners, civil unions, or other relationships recognized under state law but not classified as marriage under that state’s law.
The Social Security Administration (SSA) is now processing some retirement spouse claims for same-sex couples and paying benefits when due. The new SSA rules will apply to all claims filed on or after the Windsor case ruling on June 26, or any claims that were pending final determination at the time of the ruling. Unfortunately, for now payments will be limited to same-sex couples who are legally married and actually reside in one the 13 states (plus DC) that permit same-sex marriage. The IRS has always used a “place of residence” rule, but this could change as the SSA continues to examine its policies and procedures in light of the Windsor case.

On a positive note though, the overall trend is toward a federal government that offers benefits to as expansive a set of same-sex married couples as possible.

Since laws are changing for the better for LGBT married couples, if you haven’t done so, now is the time to get started with planning for your future and for your loved ones! Read our recent blog post about why it is especially important for the LGBT community to plan ahead. We here at The Fairfax LGBT Law Firm of Evan H. Farr, P.C. have strategies in place to help LGBT couples. With advance planning, each person, regardless of sexual orientation, can retain the benefit of the money, income and assets it has taken a lifetime to accumulate. Visit http://www.LGBTelderlaw.com for more details, and call 703-691-1888 to make an appointment for a no-cost consultation.

LGBT

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September is World Alzheimer's Month!

2013-09-05T10:41:00.002-04:00

dementia

This month marks the second global World Alzheimer’s Month, an international campaign to raise awareness and challenge the stigma associated with Alzheimer’s disease. This year, Alzheimer’s associations across the world will focus their activities on the care required by people with dementia throughout the course of the condition.

The theme for World Alzheimer's Month 2013 is Dementia: A Journey of Caring. There are currently estimated to be more than 36 million people worldwide living with dementia. The number of people affected is set to rise to over 115 million by 2050.

Below are some important facts about dementia:

Dementia is a term used to describe different brain disorders that affect memory, thinking, behavior and emotion;
Early symptoms of dementia can include memory loss, difficultly performing familiar tasks, problems with language and changes in personality;
There is currently no cure for dementia;
Dementia knows no social, economic, or ethnic boundaries;
Alzheimer’s disease is the most common cause of dementia. Other types include vascular dementia, Lewy body dementia, and fronto-temporal dementia;
There is one new case of dementia worldwide every four seconds;
The worldwide costs of dementia exceeded 1% of global GDP in 2010, at $604 billion. As a result, if dementia care were a country, it would be the world’s 18th largest economy. If it were a company, it would be the world’s largest by annual revenue exceeding Wal-Mart ($414 billion) and Exxon Mobil ($311 billion).

Living with Alzheimer’s, or the other causes of dementia described above, is very difficult for the individuals affected and their loved ones. As the disease progresses, care for routine daily activities can become an around-the-clock need. That is why it's important to support World Alzheimer's Month, but equally it is even more prudent to plan ahead for a time when you or a loved one may lose mental capacity, especially if nursing home care may be required.

Do you have a loved one who is suffering from Alzheimer’s? Persons with Alzheimer’s and their families face special legal and financial needs. At The Fairfax Alzheimer’s Planning Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from dementia and their loved ones. If you have a loved one who is suffering from Alzheimer’s, we can help you prepare for your future financial and long-term care needs. We help protect the family’s hard-earned assets while maintaining your loved one’s comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Call 703-691-1888 to make an appointment for a no-cost consultation.

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Alzheimer's

Senior Citizens- Avoid Getting Scammed

2013-08-29T13:46:00.001-04:00

Agencies tracking Americans older than 65 and baby boomers (born between 1946 and 1964) agree that scams aimed at seniors are on the rise. However, exact numbers are hard to come by because of underreporting.

The few statistics available show seniors are disproportionally affected by financial scams. About 20% of Americans older than 65 — about 7.3 million people — were estimated to have been financially taken advantage of last year, according to survey data.

Investment schemers, fraudulent telemarketers, false charities or lotteries, and people posing as relatives through email or phone are just a few of the ways elders can be scammed.

Though seniors are not inherently more susceptible to these types of crimes — the Federal Trade Commission reported that the most consumer fraud complaints last year came from seniors and baby boomers. This is because certain assumptions are made by scammers about their older victims, according to Virginia TRIAD, a crime prevention partnership between seniors and law enforcement. These assumptions can include that seniors have money from life savings or other assets, that they are at home and willing to talk, or that they are hard of hearing and less able to distinguish voices.

The following are warning signs to look out for of elder fraud schemes, from Virginia TRIAD:

"Free" gifts that require you to pay shipping and handling fees, redemption fees or gift taxes before delivery
High profit, no-risk" investments
"Act now" and other high pressure sales tactics
A request for a credit card number for identification purposes or to verify that you have won a prize
Refusal to provide written information or even the most basic details about an organization
Organizations that are unfamiliar or have only a post office box for an address

Often, victims of scams are too embarrassed by being "taken" to report their losses. It is still important to report scams because con artists can continue to operate them if their crimes remain unreported. Consumers who receive questionable offers or have concerns about offers that appear to be official or have governmental ties, are encouraged to contact the Better Business Bureau at 1-800-646-6222, or to bring it to your local police station.

We hope you are never the victim of a scam and that your hard earned assets are protected in a safe and ethical manner. If you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, call The Fairfax Elder Law and Estate Planning Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a no-cost consultation.

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Shortage of Caregivers will Affect Baby Boomers in the Future

2013-08-28T12:54:00.001-04:00

More than two-thirds of Americans believe they will be able to rely on their families to meet their long-term care needs. According to a recent AARP study, however, if you are a baby boomer, even though you may be supporting your own elderly parents, the chances of someone being there for you are numerically diminished.

The study, “The Aging of the Baby Boom and the Growing Care Gap,” determined that two decades from now, there will be far fewer caregivers available and more need for them. In fact, the ratio of potential caregivers to boomers needing care will sink from 7.2 to 1 in 2010 to 2.9 to 1 by 2050, according to the study.

The problem, as researchers have defined it, stems from a combination of factors, including the large number of baby boomers and the fact that boomers had relatively fewer children than earlier generations. Women in particular will be affected, because they typically live longer, but men have been catching up, the report said. The high rate of divorce among baby boomers, and the fact that one in three is unmarried, exacerbates the problem, combined with rising levels of obesity even as longevity increases.

There are currently 42.1 million adults in the United States caring for friends or family members. Nearly two-thirds of those caregivers are women, and more than 80 percent of the people they care for are over 50. Unpaid care in recent years was estimated to be worth the equivalent of $450 billion in 2009, more than the cost of Medicaid and approaching the cost of Medicare. To make up for this, the country needs policies that will provide for better support for caregivers and more affordable options for home care, the report said. A federal commission on long-term care is expected to come up with recommendations this fall.

Given the trends described in the report, it is now more important than ever to plan for your future and for your loved ones. If you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, call The Fairfax Medicaid Asset Protection Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a no-cost consultation.

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Pets in Assisted Living Communities Shown to Boost Seniors' Health

2013-08-26T16:23:00.000-04:00

In some assisted living communities, dogs and cats can accompany their owners, and sometimes there are pets in assisted living communities (and in nursing homes) that are owned by the facility and enjoyed by the residents. A growing consensus among assisted living residents and staff alike is that pets bring health, connection, and a sense of home.

Not every assisted living community has a pet program. They're growing in popularity at a rapid rate, and for good reason. Studies show that when seniors interact with pets, depression and loneliness decrease while socialization and conversation rise. Part of the reason is that pets are not judgmental and they don't see age or disability. In addition to offering unconditional love, lowering blood pressure, helping fight depression and loneliness, and easing loss, pets in assisted living communities keep seniors active.

Consider these statistics from the Pets for the Elderly Foundation:

• 95% of seniors talk to their pet or a visiting pet
• 82% say pets help when they feel sad
• 71% say pets make them feel better when they feel physically bad
• 65% say touching a pet soothes them
• 57% confide in a pet

"Taking care of a pet is a way to engage residents," says Paul Kelley, senior director of Operations for Sunrise Senior Living. "Many stay active by filling water bowls and taking trips to a pet store for treats. Sharing care can also be a bonding opportunity for residents and staff alike. And for residents who are used to being cared for, it's a nice change for them to step into a caregiver role as they become responsible for an animal's well-being."

It has also been shown that pets are good for Alzheimer’s patients. They, too, need to belong, love and be accepted. Pets give unconditional love. Alzheimer’s patients say the most incredible things in the presence of a pet.

There are common challenges with animals in any community living situation, however, including allergies or just a lack of affinity for dogs or cats. Whatever the potential challenges, the upsides seem to far outweigh the downsides. For some residents, time with their own pet, daily rounds from a community dog or cat, or weekly therapy visits can be the highlight of their day.

Do you have a loved one who is nearing the need for long-term care or already receiving long-term care? Whether you are looking for a facility that allows pets or not, if you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), now is the time. Please call The Fairfax Medicaid Asset Protection Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a no-cost consultation. While you are here, you will have the opportunity to meet our delightful Siamese cats, bunny, Betta fish, African dwarf frogs, and dog!

P.S. Don’t forget about your pet! Read our recent post about Pet Trusts and be sure to include them in your planning. In addition, be sure to sign up for our bi-weekly newsletter to read "Critter Corner" each Friday, where our pets answer elder law and estate planning questions.

Estate Planning: These Billionaires will NOT be Leaving their Fortunes to their Children

2013-08-22T13:46:00.000-04:00

Several of the world’s billionaires want to spread as much of their wealth as possible before they die, leaving much of their fortunes to charity. Not everyone stands to gain from such selflessness — namely, the children of these generous donors.

The children of these billionaires won't be living large off their inheritances:

1. Warren Buffett: Warren Buffett has pledged to give away99% of his wealth, either during his life or when he dies. He started by promising 83% of it to the Gates Foundation,according to FORTUNE Magazine. Buffett said in his letter to the Gates Foundation: "I want to give my kids just enough so that they would feel that they could do anything, but not so much that they would feel like doing nothing."

2. Michael Bloomberg: Michael Bloomberg, New York City Mayor, has a net worth of $19.5 billion. He is an avid philanthropist. In his letter to The Giving Pledge, Bloomberg wrote that "nearly all of my net worth will be given away in the years ahead or left to my foundation." Bloomberg's two daughters, however, may be left to foot the bill upon his death.Bloomberg once said, "the best financial planning ends with bouncing the check to the undertaker."

3. Bill Gates: Bill Gates, Microsoft founder and CEO, is one of the richest people in the world. But he and his wife Melinda aren't interested in keeping their money for themselves, or for their three children. "I knew I didn't think it was a good idea to give the money to my kids. That wouldn't be good either for my kids or society," he told The Sun in 2010.

4. Bernard Marcus: Bernard Marcus, co-founder of the Home Depot, has a net worth of $1.5 billion. Not wanting his kids to inherit large sums of money — for their own good, he told Forbes that he plans on giving the majority of his Home Depot stock to his foundation, which benefits the handicapped and education.

5. Nigella Lawson: Nigella Lawson, British chef, best-selling author and TV personality, was a millionaire even before she married (and then later divorced) wealthy advertising tycoon and art collector Charles Saatchi. She came under fire for saying, "I am determined that my children should have no financial security. It ruins people not having to earn money." She followed up that statement by saying she didn't plan on leaving her kids "destitute," but stood by the idea that they would have to support themselves after school ended.

The consensus among these billionaires seems to be that leaving their children a fortune would not be in the childrens’ best interests and that inherited wealth often does more harm than it does good. Although these children may not inherit billions, as Ms. Lawson said, they will not be destitute. They will likely have untold opportunities, advantages, and connections, to help them succeed.

Estate planning is not just for the wealthy. Most people have worked their entire life to accumulate their assets. Everyone needs the peace of mind that comes with making sure their finances are taken care of if they become incapacitated, that decisions about their health care are carried out the way they would like, and that their children and other heirs are taken care of when that time eventually comes (whether or not they have billions to leave to their children or to charity!). If you haven’t started your estate planning or to update your documents, please call 703-691-1888 to make an appointment for a no-cost consultation at The Fairfax Estate Planning Firm of Evan H. Farr, P.C.

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Death Cafés Present a Comfortable Way to Talk about Death

2013-08-21T12:12:00.003-04:00

Many people want to discuss death but feel uncomfortable trying to bring the topic up around friends. A growing trend in gatherings, called Death Cafés, is gaining attention for presenting a comfortable way talk about death with others. Death Cafés bring strangers together in a public setting to increase awareness of death, while sipping coffee and eating comfort foods like cake and cookies.

According to The New York Times, Founder Jon Underwood modeled the Death Café concept based on the work of sociologist Bernard Crettaz, who started running Café Mortel get-togethers in 2004 in Switzerland and France. Underwood read an article in 2010 and decided to start holding similar events as part of a range of projects he was doing about death.

Want to run a Death Café? These are some guidelines from the founder. Death Cafés should be:

Run on a not-for-profit basis, though to be sustainable, one can cover expenses through donations and fundraising • Held in an accessible, respectful and confidential space, free of discrimination, where people can express their views safely. Settings can vary widely and can include cafes, churches, private homes, and community rooms.
Facilitated with no intention of leading participant towards any particular conclusion, product or course of action • Used to talk about death and dying, and not for bereavement support or grief counseling. People who have experienced a very recent and/or traumatic loss or death are encouraged to seek professional support.
A place where people consume refreshing drinks and nourishing food – and cake! Comfort foods like cookies and cake counteract the fear that people have about discussing death, allowing them to relax and talk.

A free guide is available for download on how to hold a Death Café from the organization’s website, www.DeathCafe.com.

The conversation at Death Cafés typically include medical concerns, advance directives, physician-assisted suicide, financial concerns, wills, funerals, what happens after we die, and many other aspects of living and dying.

Whether or not you have the opportunity or desire to attend a Death Café to talk about the inevitable, it is important to plan for your future and for your loved ones. If you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, call The Fairfax Medicaid Asset Protection Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a no-cost consultation.

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Understanding Alzheimer’s and Sleeplessness

2013-08-20T15:44:00.002-04:00

A recent study found that nearly 15% of people age 71 and older (3.8 million people in the U.S.) suffer from dementia, which includes Alzheimer's and other mental disorders. For caregivers of those with Alzheimer’s, understanding the side effects and how to deal with them is incredibly important, especially when it comes to sleeplessness.

A full night of rest is important for any person in order to stay healthy, but it is even more crucial for those with Alzheimer’s, as it prevents irritability and lowers the chances of disorientation and confusion.

Unfortunately, most individuals with Alzheimer’s don’t get nearly enough sleep. Studies show that as the damage to the brain progresses, the likelihood of sleeplessness increases. This is because the damage done to the brain with this condition actually reverses the natural sleep to wake brain cycle. As a result, Alzheimer's patients often become tired, groggy or sleepy during the day.

This is why it is so important to understand ways to combat sleeplessness in Alzheimer’s patients, whether you are the professional caregiver, helping out, or if you are a friend or loved one. These are some tips:

Consider getting Alzheimer’s patients on a set regimen. This means avoiding long daytime or afternoon naps, staying away from sugar and caffeine in the evenings and getting them to bed at the same time every night.
Make sure they understand that the bed is a place for sleep and they should never be eating, resting, reading or watching television in bed.
Before going to sleep, try implementing a relaxing night time ritual that includes activities such as taking a long bath or listening to gentle music, instead of watching television or engaging in other stimulating activities.

Small changes such as this can go a long way in helping someone with Alzheimer's disease get on a schedule, and the benefits of a better night rest can be instrumental in managing Alzheimer's disease.

Do you have a loved one who is suffering from Alzheimer’s? Persons with Alzheimer’s and their families face special legal and financial needs. At The Fairfax Alzheimer’s Planning Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from Alzheimer’s and their loved ones. If you have a loved one who is suffering from Alzheimer’s, we can help you prepare for your future financial and long-term care needs. We help protect the family’s hard-earned assets while maintaining your loved one’s comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Call 703-691-1888 to make an appointment for a no-cost consultation.

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Certified Elder Law Attorney and Best-Selling Author Evan Farr is Named to the 2014 Best Lawyers in America List

2013-08-19T10:04:00.000-04:00

Certified Elder Law Attorney Evan H. Farr has been named to the 2014 list of Best Lawyers in America, for the practice area of Trusts and Estates.Best Lawyers is one of the oldest and most respected peer-review publications in the legal profession.

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Lawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Phillip S. Greer, Chief Operating Officer of Best Lawyers, personally wrote to Mr. Farr, “I would like to congratulate you again on having been selected by your peers for inclusion in the 20th Edition of Best Lawyers in America for the practice area of Trusts and Estates.”

Read the press release.

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Special Needs Trusts: How Much Money Should You Include?

2013-08-14T14:22:00.000-04:00

Jonathan is 20 years old, has autism, and is currently receiving government benefits. He is still living at home with his parents, receiving SSI equal to $628 per month, as well as a monthly stipend of $30.

His parents want to make sure he is provided for should something happen to them and are considering a Special Needs Trust. They are not sure how much to include to ensure their son can maintain his quality of life, while still remaining eligible for needs-based programs that will cover basic health and living expenses.

What are some considerations in planning for how much to provide for his needs above and beyond what the state is providing? The following questions can help them make their decision:

Will he live at home, with another family member or caregiver, or in a community facility where his SSI would go to the facility for living expenses?
Are there medical expenses that are not typically covered by his benefits that are necessary? (e.g. allergy medication or assistive devices that are not covered by insurance)
What social activities are important to your child that you would want to ensure continues? ( e.g. going to movies or baseball games with siblings)
Are there things such as a computer, tablet, DVDs, video games, etc. that improve his quality of life?

The easiest way is to keep track of everything you spend on your special needs child above and beyond his benefits is to keep a record over the course of the month to see how much is spent. After you have that amount, go back and add in periodic expenses that might come up quarterly or annually.

Once you decide on the amount, how can you ensure that your wishes on how the funds in the Special Needs Trust should be used are made known? You can include an optional letter of intent attached to the trust that allows you to express your wishes, along with special notes about the beneficiary's preferences.

More than $13 billion a year is spent to care for individuals with Autism Spectrum Disorder and other special needs. For the average affected family, this translates to $30K per year. Fortunately, there are many ways to plan for the long-term care of a disabled child. If you have a special needs child who will likely need care for life, it’s important to provide legal protections for your child. The Fairfax Special Needs Law Firm of Evan H. Farr, P.C. can guide you through this process. Be sure to check out our dedicated Special Needs Website at http://VirginiaSpecialNeeds.com. If you have a loved one with special needs, call 703-691-1888 to make an appointment for a no-cost consultation.

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What Happens to Credit Card Debt When You Die?

2013-08-13T18:09:00.000-04:00

No one wants to face a situation where they have to deal with losing someone they care about. It’s only made worse if debt is involved. What happens to debt after you die depends on who has signed for it, as well as the laws in your individual state.

If you have a joint account with your deceased loved one, which you have co-signed for, then you become responsible for that debt. Keep in mind that “authorized users” who aren’t joint account holders are not responsible for the debt.
If you aren’t on the account, you don’t inherit the debt. Instead, the debt should be paid off with assets from the estate. In cases where there are unpaid debts when your loved one dies, the Successor Trustee of your trust or the Executor of your Will should use the assets to pay off debts. Secured debts (mortgage, car) are paid first, and unsecured debts, such as credit cards, are tackled next.
If there is not enough money to pay all the debts, some creditors might have to take a loss – every state has laws specifying which types of creditors have priority over others.

It’s always a good idea to talk to an estate attorney and get an expert opinion regarding your specific situation. Did you know that more than 120 million Americans do not have estate plans to protect themselves or their families from the unexpected? For peace of mind, the time to address or update your estate plan is now. If you live in Virginia, DC, or Maryland, please call the DC Metro Estate Planning Law Firm of Evan H. Farr, P.C. today at 703-691-1888 to set up a no-cost consultation.

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Can We Help The Self-Neglecting Senior?

2013-08-12T11:03:00.000-04:00

Guest Blog Post by Jennifer FitzPatrick, MSW, LCSW-C

Attorneys, because of the doctrine of attorney-client privilege, are generally forbidden from reporting any private or confidential information about a client, including reporting suspected self-neglect to Adult Protective Services. However, many other senior-serving professionals are classified as “mandated reporters,” meaning they are required to report suspected abuse, exploitation or neglect (including self-neglect). If, in the course of his or her professional duties, a mandated reporter is made aware of neglect or abuse, he or she is required to report these concerns to APS. According to the National Adult Protective Services Association, some of the most common mandated reporters include:

• Social Service Agencies
• Law Enforcement Personnel
• Emergency Response Service Providers
• Healthcare, Medical or Dental Service Providers
• Mental Health Providers
• Financial Services Providers
• Clergy

When these professionals who are mandated reporters make a referral to their local Adult Protective Services (APS), often they are frustrated with the results. They may see a problem such as a client hoarding, a patient neglecting a serious health condition, or an 86-year old man financially supporting a malingering 62-year old daughter instead of paying his own bills. When these professionals report these matters as they are required to, the assumption is that APS will go in and resolve the situation. These professionals tend to see APS as the police for older adults not following societal rules. Of course the client should stop supporting his drug addicted daughter and pay his electric bill thinks the financial services provider. Certainly the patient should take his insulin and lose some weight thinks the healthcare provider. The wealthy patient living in squalor should clean up and live “normally” thinks the Emergency Response Service Provider.

There is no doubt that self-neglect in older adults is a serious issue; in fact, several studies suggest that it is highly associated with increased mortality. The larger problem that some professionals grapple with is that older patients who refuse to follow their recommendations usually have every right to refuse to do so. In most jurisdictions, APS can only investigate if an older adult is categorized as vulnerable. According to the Administration on Aging’s National Center on Elder Abuse, “a vulnerable adult is defined as a person who is being mistreated or is in danger of mistreatment and who, due to age and/or disability, is unable to protect himself or herself.”
Professionals often have to balance their belief about what’s best for the older adult clinically, financially, or legally while also respecting the older adult’s right to make his or her own decisions, even if those decisions demonstrate egregiously poor judgment. Referring to APS may be appropriate at times, but we need to keep our expectations in check. APS has a mandate to investigate self-neglect, but APS does not possess a magic wand. Sometimes APS won’t investigate because the referral does not fall under its mandate. Other times APS will investigate but be legally unable to take much more action than the professional who initially referred because the older adult is competent to make his or her own decisions.

So how do mandated reporters ultimately help the self-neglecting older adult?

1.    Show respect for the older adult and his decisions, no matter how much you disagree with them. During the aging process, so much can feel out of a person’s control. An older adult can be more open to hearing what a professional says when there’s acknowledgement that the older adult is still an adult. Many tend to infantilize older adults, but when they are treated with dignity there is a better chance for your message to be heard.

2.    Encourage and persuade. Give the older adult examples of when others in similar situations did not change and what the consequences were. For example, if an older woman does not use her prescribed walker and is hoarding, she is at additional risk for falls. The professional might consider sharing a story of when a patient in similar circumstances did this and it led to a broken hip and a long term stay in a nursing home. These types of stories can sometimes motivate clients to at least consider changing or accepting more help.

3.    Keep referring to APS. Although APS are not the “fixers” many mandated reporters hope them to be, APS does typically keep good records of referrals. Even if APS may be unable to investigate today, or even though the investigation may not lead to immediate improvement, a referral begins a file. Perhaps APS cannot investigate today because the client doesn’t meet the required criteria. But what if three more people refer that client to APS in the next six months? This may give APS the information it needs to open an investigation and help improve the client’s situation.

When APS workers are unable to investigate a case because it does not meet their criteria, they often are able to give helpful suggestions and ideas on other ways the professional could help the client. The APS worker may recommend a service or strategy the referring professional had not considered.
Self-neglect in older adults is one of the most challenging and common situations that many senior-serving professionals encounter; we must remember that older adults are still adults who are allowed to make poor decisions. There are very few circumstances in which it is legal or ethical for a professional to force an older client to change. Dedicated senior-serving professionals must sometimes simply accept that only a serious crisis will lead to a real change. Professionals should treat the self-neglecting senior with empathy and respect, and remain open to helping the client when he or she is ready to accept the help.
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About the author:

Jennifer FitzPatrick, MSW, LCSW-C is a speaker, author and consultant on aging & caregiving. For more information, please see www.jenerationshealth.com.

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Suggesting a Memory Screening to a Resistant Loved One

2013-08-08T23:25:00.000-04:00

What happens when you notice changes in your loved one’s cognitive abilities and you want to suggest a memory screening, but are met with resistance?

When a loved one’s faltering memory causes problems finding words, a detachment from people, irritability, confusion, forgotten appointments or difficulty with everyday affairs such as grocery shopping, cooking or paying bills, then it’s time to broach the subject of a memory screening.

When you suggest to a loved one that they should have their memory evaluated, the loved one may respond with fear, denial or sometimes even hostility. In some cases, the loved one may fear that the screening will reveal memory problems and lead to a loss of independence. It’s a very difficult issue for older people and it’s important to choose the right way to talk about it.

The most effective way to suggest a screening is by involving a medical or mental health professional. The recommendation process can occur, as follows:

The family meets with the loved one along with their primary care doctor, neurologist or psychologist.
The medical professional makes the recommendation.
Since the statement comes from an objective expert—and not a family member—the loved one is more likely to accept it.
The entire family can listen to the recommendations together and ask their loved one to have a memory screening.

Do you have a loved one who is suffering from dementia? Persons with dementia and their families face special legal and financial needs. At The Fairfax Elder Law Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from dementia and their loved ones. If you have a loved one who is suffering from dementia, we can help you prepare for your future financial and long-term care needs. We help protect the family’s hard-earned assets while maintaining your loved one’s comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Call 703-691-1888 to make an appointment for a free consultation.

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Facebook Gives Seniors a Cognitive Boost, Study Finds

2013-08-07T13:35:00.001-04:00

Research findings suggest that men and women older than 65 who learn to use Facebook could see a boost in cognitive function. Currently, one in three online seniors use a social networking site like Facebook, according to the Pew Internet & American Life Project.

In a preliminary study of older adults aged 68 to 91, researchers out of the University of Arizona noticed a 25 percent improvement in tasks related to working memory among new Facebook users.

Participants were divided into three groups. In the first, 14 seniors were trained to use the social media platform and were asked to post at least once day. Participants were instructed to befriend people within the group. A second group of 14 adults was instructed to use an online diary site, in which entries were kept private with no ability to share. Participants were instructed to post entries of no more than three to five sentences -- to mimic the length of status updates on Facebook -- a minimum of once daily. And the third group, which acted as a control group,were told they were on a non-existent "waiting list."

Prior to learning any new technologies, study participants, who ranged in age from 68 to 91, completed a series of questionnaires and neuropsychological tests measuring social variables, such as their levels of loneliness and social support, as well as their cognitive abilities. The assessments were done again at the end of the study, eight weeks later.

By the end of the experiment, those who learned how to use Facebook showed a 25 percent improvement in mental "updating" skills -- the ability to quickly add or delete contents of their working memory -- researchers noted. Participants in the other groups saw no significant change in performance.

"There's also a large body of literature showing that people who are more socially engaged are less lonely, have more social support and are more socially integrated are also doing better cognitively in older age," points out lead author Janelle Wohltmann.

Wohltmann says she also sees Facebook as a potential alternative to some online games marketed to seniors to help boost mental acuity. “This might be a new activity for people to learn that’s more interesting and keeps them socially engaged,” she said, adding that it can also help older adults stay connected with grandchildren and other family and friends.

Meanwhile, another study published last year in the journal Cyberpsychology, Behavior, and Social Networking found that visiting social networking sites like Facebook provided positive emotional experiences, as measured by breathing rates, brain activation and pupil dilation.

We here at the Fairfax Elder Law Firm of Evan H. Farr, P.C. are pleased to see the social and cognitive advantages of social networking sites, such as Facebook. Now that you are posting pictures of your cruise, playing Candy Crush Saga with your grandchildren, and making plans to reconnect with old friends on Facebook, it is time to plan for your future and for your loved ones. Evan H. Farr is a Certified Elder Law Attorney with a focus on helping protect seniors and their families by preserving dignity, quality of life, and financial security. Call the Fairfax Elder Care Law Firm of Evan H. Farr, CELA at 703-691-1888 to make an appointment for a complimentary consultation.

P.S. Like us on Facebook and receive a 10% discount on your next set of new legal services we provide.

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