Aging in Place

Effective Collaboration and Elder / Adult Care Mediation

2009-05-08T14:13:00.003-04:00

What kind of message is sent when we are reluctant to use the terms "elder", "senior" or "older adult" for fear of offending those of us who have been blessed to age. As we all age, we understand that there are unique issues for which important decisions must be made to avoid default and crisis outcomes.

Instead of avoiding the use of terms such as "elder," we should embraced it. After all, the term "elder" creates perceptions of great respect, wisdom, and status in our society. Consumer education and outreach will then be focused on the natural aspects and issues of aging and the variety of approaches to support older adults, their families, and caregivers in making informed decisions addressing their respective life transitions.

It is key that older adults be given opportunities to have their voices heard to the fullest extent possible, regardless of age and/or their disability. It is the attitudes and mind sets going along with language about aging and older adults that will impact ageism over time.

With a focus on neutralizing the long-held negative perceptions of "being old" or "getting old" by highlighting aging issues and quality of life and care decisions as a natural part of living, there is tremendous creativity as we communicate to the older generation and their families. Facing the tiger with the use of respectful and honest terms can be powerful in the long run.

Elder/Adult Care Mediation typically works by involving a senior family member. Adult family communication and conflict resolution not only may involve family members, but may also include the "family" of a church or other religious organization, relatives in some combination, or other disputes that are relational and pertinent to aging issues.

Often, Adult children of elderly parents are not trying to make a specific decision but rather are interested in crafting an effective way to communicate with one another or to develop a decision making process for the future.

If you or someone you know would like to know more about the mediation process, contact McBloomLaw@McBloomLaw.com. Attorney Patricia Bloom-McDonald is a trained Collaborative Law and Mediation facilitator and consultant.

2009-04-10T11:47:00.000-04:00

Long Distance Care Givers Receive Help

Living in a different city or state -- miles from aging parents -- can be very difficult. Keeping in touch by telephone and making long trips to help parents or aging relatives with their needs can be time consuming and not nearly as effective as being available full time in person.

Mark Sessions spent two years juggling his restaurant business with multiple daily phone calls to his elderly parents, checking on their needs and answering their questions. Family vacations were spent traveling the 500 miles to his parent's home to personally take care of home maintenance and provide health care visits to their doctor. During his last visit, Mark noticed his father had difficulty walking and his mother was confused as to which medications she was to take and at what time. This alarming change in his parent's condition concerned Mark that his parents' care needs required more than frequent phone calls and vacation visits. Running his business and handling his parent's long distance care was now becoming very challenging.
According to a report by the Alzheimer's Association of Los Angeles & Riverside, California, there are approximately 3.3 million long distance caregivers in this country with an average distance of 480 miles from the people they care for. The report also states that 15 million days are missed from work each year because of long distance care giving. Seven million Americans provide 80% of the care to ailing family members and the number of long distance caregivers will DOUBLE over the next 15 years. Long Distance Caregiver Project – Alzheimer's Association LA & Riverside, Los Angeles, CA (May 15, 2002, National Web Seminar by Judith Delaney, MFT, Clinical Coordinator)

The long distance caregiver is a new role that is thrust upon children and younger family members. Families used to live closer together, with children residing and working near their parents. But nowadays family members are more distant from each other. Society, today, is recognizing this. Some caregiver services have tweaked their programs to work as liaisons between long distance caregivers, senior loved ones and local medical professionals.

Professional care managers -- a lso known as Geriatric Care Managers, Elder Care Managers or Aging Care Managers -- represent a growing trend to help full time, employed family caregivers provide care for loved ones. Care managers are expert in assisting caregivers, friends or family members find government-paid and private resources to help with long term care decisions.
They are professionals -- trained to evaluate and recommend care for the aged. A care manager might be a nurse, social worker, psychologist, or gerontologist who specializes in assessing the abilities and needs of the elderly. Care manger professionals are also becoming extremely popular as the caretaker liaison between long distant family members and their aging elder loved ones.

Jacqueline Marcell -- author of "Elder Rage, or Take My Father...Please! How to Survive Caring for Aging Parents" (Impressive, 2000) -- says, "The most important thing to do is to find a geriatric care manager in the area where your loved one lives. She will have knowledge of all the services in the area and can be your eyes."

Below is a partial list of what a care manager or Professional Geriatric Care Manager might do:
Assess the level and type of care needed and develop a care plan.
Take steps to start the care plan and keep it functioning.
Make sure care is in a safe and disability friendly environment.
Resolve family conflicts and other issues with long term care.
Become an advocate for the care recipient and the caregiver.
Manage care for a loved one for out-of-town families .
Conduct ongoing assessments to implement changes in care.
Oversee and direct care provided at home.
Coordinate the efforts of key support systems.
Provide personal counseling.
Help with Medicaid qualification and application.
Arrange for services of legal and financial advisors.
Provide placement in assisted living facilities or nursing homes.
Monitor the care received in a nursing home or in assisted living.
Assist with the monitoring of medications.
Find appropriate solutions to avoid a crisis.
Coordinate medical appointments and medical information.
Provide transportation to medical appointments
Assist families in positive decision making.
Develop care plans for older loved ones not now needing care “The 4 Steps of Long Term Care Planning,” National Care Planning Council

Services offered will depend on the educational and professional background of the care manager, but most are qualified to cover items in the list above or can recommend a professional who can. Fees may vary. There is often an initial consultation fee that is followed by hourly fees for services. Health insurance does not generally cover these fees but long-term care insurance might.

In 2002, the AARP published a survey from geriatric care mangers about their fees:
“Respondents were asked how much they charged for their services, which might include: an initial consultation; fees on an hourly or per visit basis; fees for development of a care plan; and fees on a fixed-price contract basis. Hourly fees averaged $74 an hour. GCMs charged an average $168 to develop a care plan. Initial consultations averaged $175. Seven of ten current GCMs responded in the affirmative when asked if they had a statement that listed their fees. ” Written by Robyn Stone, DrPH, Principal Investigator; Susan Reinhard, RN, PhD, Co-Principal Investigator; Jean Machemer, MSG, Research Associate; and Danylle Rudin, MSW, Research Associate of The Institute for the Future of Aging Services, Washington, D.C.Barbara Coleman, Project Manager, AARP Public Policy Institute November 2002

When you take into account the time absent from work and time to find the right care resources for your loved ones, along with the cost of travel expenses to monitor their care, you will probably concur that using a caregiver is money well spent. Add on to this the stress of handling your own life circumstances combined with being a caregiver and you will probably wonder how you could have ever done without the care manager.

A professional or geriatric care manager can be an important asset to all families in elder care situations. Here is an example of how a care manager can help.

Mary is taking care of her aging husband at home. He has diabetes and is overweight. Because of the diabetes, her husband has severe neuropathy in his legs and feet and it is difficult for him to walk. He also has diabetic retinopathy and, therefore, cannot see very well. She has to be careful that he does not injure his feet, since the last time that happened he was in the hospital for four weeks with a severe infection. She is having difficulty helping him out of bed and with dressing and using the bathroom. She relies heavily on her son, who lives nearby, to help her manage her husband's care.

On the advice of a friend, Mary is told about a professional care manager, Sharon Brown. The cost of an initial assessment and care plan from the care manager is $175.00. Mary thinks she has the situation under control and $175.00 for someone from the outside to come in and tell her how to deal with her situation seems ridiculous.

One day Mary is trying to lift her husband and injures her back severely. She is bedridden and cannot care for her husband. Her son, who works fulltime, now has two parents to care for. On the advice of the same friend, he decides to bring in Sharon Brown and pay her fee himself.
Sharon does a thorough assessment of the family's needs. She arranges for Mary's doctor to order Medicare home care during Mary's recovery. Therapists come in and help Mary with exercises and advice on lifting. Sharon advertises for and finds a private individual who is willing to live in the home for a period of time to help Mary with her recovery and watch over her husband. Sharon makes sure the new caregiver is reliable and honest and that taxes are paid for the employment. Sharon enlists the support of the local area agency on aging and makes sure all services available are provided for the family.

Sharon also calls a meeting with Mary's family and explains to them the care needs and how they need to commit to help with those needs. Sharon makes arrangements to rent or purchase medical equipment for lifting, moving and easier use of the bathroom facilities. Medicare will pay much of this cost. Sharon also works closely with an elder law attorney and a financial planner who specializes in the elderly. The attorney prepares documents for the family including powers of attorney, a living will and advice on preserving Mary's remaining assets. The financial planner recommends a reverse mortgage specialist to help Mary and her husband tap unused assets in their home's equity. Some reverse mortgage proceeds are used to pay off debt. The remaining proceeds are converted into income with a single premium immediate income annuity in order to provide Mary adequate income when her husband is gone and she looses one of the Social Security payments.

With the help of the care manager, Mary's life and future have been significantly improved. Her husband as well, if he adheres to the care plan, may end up having a better quality of life for his remaining years. “The 4 Steps of Long Term Care Planning,” National Care Planning Council

WHY BUY LONG TERM CARE INSURANCE?

2008-04-27T13:35:00.002-04:00

1. It will help you keep your independence and dignity and allow you to make choices. When the time comes for paying for your long term care needs, you may end up spending your savings and then relying on Medicaid for assistance.

2. If you are married and you have a need for long term care, your spouse may be forced to pay for an outside caregiver. The cost is likely to come from your combined income and assets. This may leave your spouse with minimal funds in the future. Insurance solves this problem and allows the healthy spouse to keep the assets.

3. Many healthy care-giving spouses won't spend their money and choose to "tough it out" on their own without help. If care of a disabled spouse drags on too long, this can have a devastating effect on the physical and emotion health of the caregiver. Insurance will help to pay for professional care for the disabled spouse and allow the caregiver spouse needed rest.

4. If your children promise to take care of you when the time comes that you need care, insurance will help them do that. Probably neither you nor your children have thought of the prospects of moving you from place to place, changing your dirty diapers, cleaning up after "accidents" in the bathroom or helping you with bathing and dressing. Insurance will pay for aides to help your children with these tasks.

5. If you are single and a need for long term care arises, insurance can pay for and coordinate that care. With insurance you won't have to feel you would be a burden for family or friends.

6. If you have the desire to leave assets behind when you die, insurance will help preserve those assets from the cost of long term care.

KEEPING TRACK OF YOUR WILL

2008-04-02T16:14:00.006-04:00

Once you've taken that very important step to create a Last Will and Testament and get your other estate planning documents in order, you need to figure out what to do with the Will document itself. It is important to keep track of the location of your current Will, as well as any old Wills and other important papers.

Where to keep a Will
The safest place to keep the original copy of your Will is in a bank safe deposit box, which has a dual signature on it so someone other than yourself can access this box and retrieve your Will once you are gone. If you do not have a second person on signature to this box, it is NOT a good idea to keep your Will in a bank safe deposit box. It will take a Court order to open it to retrieve your Will once you have passed on.

PLEASE NOTE: A Power of Attorney Document cannot be used once you have passed away; the designated Agent you appointed in A Power of Attorney Document can only handle your affairs in your place while you are alive.

If you keep the Will at home, please be sure to keep it in a Fire and Waterproof safe, however, you still may run the risk of it being stolen. Some attorneys may keep the original copy of the Will but many no longer do this. If you leave the Will with your attorney, make sure the attorney receives updated contact information from you when you move. That way if the attorney moves offices or retires, he or she is able to locate you to notify where your Will can be acquired when necessary.

You may want to keep a copy of your Will at home with your other financial documents, always make sure that this copy is UNSIGNED, and indicate on this copy where the original can be located. It is also usually not a good idea to give a copy to family members or friends for many reasons: your Will is private; you do not want anyone to make unauthorized changes; you do not want anyone to destroy it for whatever reason, or it may get lost and destroyed while in another person’s possession. Most importantly, you yourself want to review it on a regular basis to keep it current; your life’s circumstances and wishes may change so you may possibly want to make changes to the distributions or agents named to handle your affairs after you are gone.

What do you do with an old Will?
Once you have written a new Will, destroy the old Will by either shredding it or burning it. Do not simply throw it in the trash or keep it hanging around the house. You do not want this Will to be used inadvertently instead of your newly created Will.

Making changes to a Will
If you want to make changes to a Will, do not mark up the Will by hand, even if you have only small changes to make. A court could take a marked-up Will as a sign that you intended to revoke the Will. If you want to make a change, contact an attorney who can draft an amendment to the Will (called a codicil).

REASONS TO UPDATE YOUR ESTATE PLAN

2008-03-27T18:53:00.005-04:00

Many people think that once they have put together their legal documents these documents will protect them forever. That may not be the case. Estate planning is an ongoing process. You must not only develop and implement a plan that reflects your current financial and family situation; you must also constantly review your current plan to ensure it fits in with any changes in your life and circumstances.

With the extensive changes under the 2001 tax act and the Deficit Reduction Act of 2005, and the probability that more changes will occur in this decade, reviewing your estate plan regularly is now more critical than ever.

Family changes. Marriages, divorces, births, adoptions, and deaths can all lead to the need for estate plan modifications.

Increases or Decreases in your income or net worth. What may have been an appropriate estate plan when your income and net worth were much higher or lower may no longer be effective today.

Geographic moves. Different states have different estate planning regulations. Any time you move from one state to another, you should review your estate plan.

New health-related conditions. A child may develop special needs due to physical or mental limitations, or a surviving spouse's ability to earn a living may change because of a disability.

Your present Estate Plan was implemented more than three years ago. Many financial institutions will not honor your Power of Attorney documents if they were signed a long time ago. They may consider them to be “stale.”

Laws change. The current validity of your documents may have been affected by recent changes in the law; make sure your Estate Plan still complies with the laws of today.

Such circumstances often require an estate plan update.

MASSACHUSETTS HEALTH CARE PROXY

2008-03-22T21:03:00.001-04:00

The Massachusetts Health Care Proxy is a basic and essential legal document that allows you to name someone you know and trust to make health care decisions for you if, for any reason and at any time, you become unable to make or communicate those decisions for yourself. Under the Health Care Proxy Law, M.G.L. Chapter 201D, a person must be a competent adult 18 years of age or older before he can appoint a Health Care Agent, and that Agent must also be a competent adult who is at least 18 years of age at the time he or she is appointed.

An Agent will make decisions about your health care only when you are, for some reason, unable to do that yourself. This means that your Agent can act for you if you are temporarily unconscious, in a coma, or have some other condition in which you cannot make or communicate health care decisions. Your Agent cannot act for you until your doctor determines in writing, that you lack the ability to make health care decisions for yourself.

Acting under the authority of the Health Care Proxy document, your appointed Agent can make any health care decision for you that you would make if you were able to communicate. If you give your Agent full authority to act for you, he or she can consent to or refuse any medical treatment, including treatment that could keep you alive.

Your Agent will make decisions for you only after talking with your doctor or health care provider, and after fully considering all the options regarding diagnosis, prognosis, and treatment of your illness or condition. If the document is properly constructed and it includes language established in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), your Agent will have the legal right to obtain any information, including confidential medical information, necessary to make informed decisions for you. Your Agent will make health care decisions for you in accordance with your wishes or according to his/his assessment of your wishes, including your religious or moral beliefs.

It is recommended that you talk with your doctor(s), religious advisor, and other members of your family before giving instructions to your Agent. It is very important that you talk with your Agent and other members of your family, so that they all know what is important to you. If your Agent does not know what your wishes would be in a particular situation, your Agent will need to decide based on what he or she thinks would be in your best interests. If your family does not know what your wishes would be in a particular situation then they may object to a decision made by your Health Care Agent which could not only trigger a Court intervention but also cause a possible delay in your medical treatment.

Your Agent’s decisions will have the same authority as you would have if you were able to communicate, and he or she will be honored over those of any other person, except for a Court Order specifically overriding the Proxy.

THE IMPORTANCE OF POWERS OF ATTORNEY

2008-03-20T10:31:00.002-04:00

When people consider estate planning, they often think that preparing a will, or perhaps a trust will cover their needs. Certainly, these documents are very important to guarantee that property passes according to ones wishes upon death. However, when one considers estate planning, it is important to think of managing ones affairs not only after death, but also during ones life.

A “power of attorney” is a grant of legal rights and powers by one person to another. The person granting the powers is know as the "principal," and the person receiving the power is known as the "agent" or "attorney-in-fact." The agent essentially stands in the shoes of the principal and acts for him/her on financial matters. If the documents so states, the agent can do most anything the principal can do in financial transactions -- withdraw funds from bank accounts, trade stock, pay bills, and cash checks. It is important to choose this person carefully because he or she can control your assets.

A power of attorney can be very handy in the event that one is unable to take care of his/her own financial affairs, for reasons such as extended travel or illness. This type of document becomes even more important, however, in the event of mental incapacity. A standard power of attorney will terminate upon the principal’s mental disability. However, a durable power of attorney will continue beyond mental incapacity or disability to provide the principal with a safety net of financial management. Massachusetts Uniform Durable Power of Attorney Act was enacted to allow a standard power of attorney document to stay in effect in the event the principal became mentally incapacitated; hence the term “durable power of attorney.” When one does not grant a “durable” power of attorney, family members of a person stricken with a mentally incapacitating illness most often must resort to probate court proceedings to obtain the legal authority to handle their loved one’s financial affairs. The probate process can be time-consuming and an expensive procedure which could be avoided if there was a valid durable power of attorney in place.

Third parties that may become involved in transactions with the named agent by presentation of the power of attorney should also be considered. This third party could be a real estate purchaser or seller, a retirement plan administrator, or the principal’s business associates. More frequently the third party is a financial institution, such as a bank, broker, or IRA custodian, that is presented with a power of attorney document by an attorney-in-fact along with a request that such power be recognized. When preparing the document the principal should consider particular types of transactions or accounts, which financial institutions are likely to be relying on the document, and the nature of the accounts owned by the principal, to aid document acceptance. Verifying the authority of the attorney-in-fact to act for the account owner, therefore, is the first priority of every financial institution, and each principal and his/her agent should set this expectation. Although, the typical power of attorney may grant the agent very broad powers, it does not give the agent full authority to take the principal’s money and run away with it. The agent must use all of the finances for the benefit of the principal. In other words, it is a management tool. The principal can give his/her appointed attorney-in-fact broad or limited financial management. For example, you may want to limit the duration of the instrument to a period of time or limit what powers you give to the agent. Before you grant and sign a power of attorney, be sure you understand exactly what you want your attorney-in-fact to do in your place.

Your changing needs may necessitate the revision of an existing power of attorney, ensuring it accomplishes exactly what you need done and nothing else. Therefore, it is a good habit to periodically review ALL of your legal instruments (power of attorney, will, etc.) A little time spent reviewing and revising may save you a great deal of trouble later.

It is important to note that a power of attorney does NOT take away the rights of the principal. It is similar to handing the keys to ones car to someone else. Just as the keys can be taken back, so can a power of attorney be revoked. Both a standard and a durable power of attorney will terminate upon the principal’s death.

TALK WITH PARENTS AND FAMILY MEMBERS ABOUT ESTATE PLANNING

2008-03-13T17:11:00.001-04:00

It is very important to discuss estate planning with parents and other members of the family while they are all mentally healthy, if families wait to make arrangements until after one parent is incapacitated in some way, it limits their choices. Talking with parents and other family members about your financial and estate plans could be the catalyst for the others in the family to start thinking about and discussing their own estate plans. Remember that the discussion may reveal estate plans that you may not like but it is each person’s prerogative to make their own individual plan. Estate plans do not always result in people being treated equally, it's very important—to avoid conflict later—that family members know and understand what plans are in place.

Here are a few tips to help you, your parents and other members in your family start talking:

Focus on life, not death. While the topics of estate planning and death are intertwined, it doesn't mean that death has to be the focus of the discussion, rather focus the discussion on planning to live well, instead of planning to die well.

Encourage your parents and other family members to discuss their wishes. It is important that your family discuss what they want to have done and who they want to do it. Ask your family what it is they would like you and/or others in the family to do in the event of an emergency. Ask them what documents are needed to assist them properly and where are they located. If your family member is not able to communicate it is important to know where their important documents are kept as well as the name, address and phone numbers of those who can assist in management of their affairs for example: Accountant; Lawyer; Primary Care Physician; Clergy; and Funeral Director. Also, ask your family who they want to make their health care and/or financial decisions, if they are unable to articulate or make them for themselves. To ensure that each family member’s individual goals are met, all members of the family should be absolutely clear about their wishes and that they want.

The need for protection for the entire family should be emphasized. A formal estate plan helps to protect the entire family from creditors and possible predators.

Encourage parents and all family members to seek expert legal and financial advice. By YOU doing so, you are setting an example while at the same time sending a message that you trust everyone else to handle their own affairs, this will more than likely help them breathe easier by knowing you don't want to control the situation. Offer to help them with their search for a qualified attorney.

Be patient and understanding. Be realistic, the initial conversation with parents and other members of the family about estate planning will not be easy and it will not be, nor should it be, the last one. It may take several discussions before even a little bit of headway is made, and even after estate plans are in place, it does not mean that these plans will always remain relevant in the future, it is an ongoing dialogue and process.

WOMEN AND RETIREMENT

2008-02-22T11:31:00.005-05:00

There are significant gender differences when it comes to retirement. For many women, retirement or the prospect of retirement may not be the relaxing retreat it is reputed to be. In general, women earned less over their lifetimes than men and live longer in retirement, and they tend to have less money saved when they reach retirement. According to the Government Accountability Office, 12 percent of women over age 65 live in poverty, compared to only 7 percent of men. Women frequently don’t have continuous full-time employment because they are more likely to take time out of the paid workforce, reduce their hours, or become self-employed. They do this in order to raise children and, in later years, many make similar choices to care for elderly relatives. Marriage and relationship breakdown often has a greater financial impact on women, including on their retirement income; and the fact that women’s lower retirement savings have to be spread over a longer period than men’s retirement savings because they live longer. A woman who is 65 years old today can expect to live to age 85, while a 65 year old many can expect to live only to age 81. Women have lower lifetime earnings, because of this women reach retirement with smaller pensions and other assets than men do. Elderly, unmarried women, including widows, get 51 percent of their total income from social security. Unmarried elderly men get 39 percent; elderly married couples get 36 percent. For 25 percent of unmarried women Social Security is their only source of income, compared to 9 percent of married couples, and 20 percent of unmarried men.

Social Security. Social Security has an inflation protected benefit that will last as long as you live, it is impossible to outlive one’s social security benefit. The social security spousal benefit helps many women, even if they did not work at all outside the home. 74 percent of elder widows receive benefits based on earnings of their deceased spouse. Social Security provides benefits to spouses of any age who care for children under age 16 if the worker (other spouse) is retired, becomes disabled, or dies.

Inheritance. News reports speculate that the possibility of inheriting some money at one time or another will be a huge transfer of wealth to the baby boom generation, but the inheritance picture may not be so promising. As women think about retirement planning, it may be useful to factor in any inheritance receive from parents. Knowing how much to expect requires a broad discussion with parents about estate planning, a difficult topic to raise because it involves discussions about money and death, two subjects that are very personal and uncomfortable for most people.

Women should make the most of any inheritance they receive. The median value of what boomer families received from an inheritance was about $64,000.00. While this seems like a lot of money, it is not going to provide for all of one’s financial and retirement needs. If you do receive an inheritance, make the most of it.

Here are some suggestions:

Don’t Do Anything - Losing a family member is difficult; take time to grieve. While doing so, deposit the money in a stable, liquid account such as a money market account. You can afford to take a couple of months to deal with your emotional needs rather than rushing into investments that you may regret later.

Don’t Blow It – When you receive an inheritance, you may feel rich. It’s alright to spend a small amount of it on yourself, but do not blow it all on a boat, or a trip that you really cannot afford.
Make a Plan – Decide what you are going to do with the money before spending any of it. Make a plan; it forces you to really think about what you want to do.

Pay off Debt – Consider paying off high-interest consumer or credit card debt.

Invest for the Future – Think about using the money to build a secure future. Figure out how much you need to save for retirement and invest wisely in financial products that guarantee no loss of principal. These types of safe financial products provide a slower interest growth, but with the current volatile economy, you want to make sure you do not lose what money you started with in the first place.Inheriting IRAs – If you inherit an IRA, you can continue to take advantage of tax-deferred savings as a beneficiary. The rules are different for spouses and non-spouses, and traditional and Roth IRAs. Check with an estate planning attorney.

DEPARTMENT OF COMMERCE OFFERS UP TO $80.00 TO HELP SENIORS AND OTHERS CONVERT TO HDTV

2008-02-07T16:27:00.000-05:00

Imagine watching your favorite primetime TV program, when all of a sudden your analog TV screen goes to black…for good. There is still time to prevent this situation, as long as you know your options.

On February 17, 2009, all full-powered television stations will begin broadcasting only in digital, as required by law. To assist U.S. households with this historic transition, the National Telecommunication and Information Administration, part of the U.S. Department of Commerce, created the TV Converter Box Coupon Program to help Americans continue receiving over-the-air television after February 17, 2009.

Why is television going from analog broadcasting to digital?
The Digital Television Transition and Public Safety Act of 2005 requires broadcasters to broadcast only in digital after February 17, 2009. Digital television promises to provide a clearer picture and more programming options and will free up some of the nation’s airwaves for use by emergency responders.

What is the significance of the February 17, 2009 digital TV transition date?
If households receive television programs over-the-air using “rabbit ears” or a rooftop antenna, they must take action to continue using their analog TVs after February 17, 2009. Consumers have three options, which include 1) buying a converter box that will plug into their current analog TV, 2) buying a TV with a digital tuner or 3) connecting their analog TV to cable, satellite or other pay service.

How can the public obtain a $40 coupon toward purchasing an eligible converter box?
From now through March 31, 2009, all U.S. households are able to request, on a first come, first-served basis, up to two, $40 coupons to help pay for the cost of a certified converter box. Converter boxes are expected to cost between $50 and $70, however, it is a one-time cost with no monthly service charges. Coupons will expire 90 days after they are mailed and cannot be replaced.

For more information about the TV Converter Box Coupon Program, visit www.DTV2009.gov or call toll free 1-888-388-2009 (1-888-DTV-2009). The hearingimpaired may call the TTY number 1-877-530-2634 for information in English, and for information in Spanish, consumers can call TTY number 1-866-495-1161. You can also apply by mail at PO Box 2000, Portland, OR 97208 or by fax at 1-877-388-4632.

Where can the public buy a coupon-eligible converter?
Coupon-eligible converter boxes are only available at certified stores and online retailers where televisions and other consumer electronics are sold, as well as by mail-order. When the coupon is mailed to you, it will include an insert with a list of nearby, participating retailers. You can also go online at www.DTV2009.gov, enter your zip code, and locate participating retailers on a map.

What can the public do to plan for the transition?
Now is the time to identify whether any TV in your home is analog and receives over-the-air programming through “rabbit ears” or a roof-top antenna. Television viewers with these sets that are not connected to a pay TV service will need to take action before February 17, 2009, to ensure their TV sets continue to work. It is important to know your options and make sure your family, friends and neighbors are aware of whether they need to take action before the transition date. The important thing is that no one is left in the dark on February 17, 2009. This article was provided courtesy of the National Care Planning Council, www.longtermcarelink.net.

SMART-AGING DESIGN IDEAS

2008-01-31T11:21:00.001-05:00

Use Smart-aging design ideas for safer living in your own home for as long as possible. Your own personal needs and preferences must be taken into consideration while incorporating basic construction and design elements that enable comfortable and safe living in your home.

Consider the following principles:

Your home should be barrier-free, to accommodate current and future mobility aids such as walkers, canes, wheelchairs, etc.; and
Physical support structures and safety systems like grab bars, in possible hazard areas with slippery floors, low lighted places, and stairs; and
Indoor and outdoor lighting installed to illuminate dark corners and cut down on seasonal affective disorder (SAD); and
Use a “Minimal Effort Test” to determine what things require manual operation and physical exertion; perhaps changing to lever handles in place of door knobs and sink faucets; and
Color should be considered for aesthetics and functionality, for instance using contrasting colors on the edges of furniture, the risers of stairs, or grab bars can add warmth and better visibility.

Before you get started, evaluate your current home, keeping in mind your life style, your current and future needs, and most importantly your budget.

For very little money you can improve your home lighting by buying automatic night-lights that are energy efficient, or by installing wrought iron railings on outside stairs, or installing non-slip flooring in your bathroom, or a colorful grab bar in the shower. Designing for a lifetime is not about spending money, it is about thinking through the most important changes that need to be made in your home to allow you the maximum comfort and the highest degree of safety.

The more common over 65 age group medical conditions are arthritis, heart disease, and vision loss. If you have trouble standing for extended periods of time, consider changes that would let you work in the kitchen, bathroom, or other areas of your home while seated. It could change your outlook on life because independence and the ability to take care of one’s self at any age are key determinants in aging with your dignity intact.

A LAST WILL AND TESTAMENT

2008-01-19T13:59:00.003-05:00

A Last Will and Testament may not meet all your needs in an Estate Plan

A large percent of Americans over the age of 45 have not created a Will, 41% according to an AARP survey. This means that needless court costs and attorneys fees are eating into millions of inheritances and the Commonwealth of Massachusetts is parceling out a person’s property after he or she dies.

But this begs the question, does everyone really need a Will? It IS important that everyone prepare some sort of an estate plan and it is also important that there is an understanding of how a person’s property is distributed if there is no plan.

What is an “estate”? All the property a person owns is part of his or her estate, which includes furniture, jewelry, motor vehicles, real estate, money, stocks, animals, etc.. A Last Will and Testament directs how that estate is distributed upon the death of the owner. A Will may be the only document necessary to pass property on to heirs. It is indeed an excellent idea to have one but it is important to understand exactly what a Will can and cannot do.

A Last Will and Testament will NOT distribute all types of property. A Will only governs “probate” property . . . that is property that the person making the Will owns outright, individually. Any jointly held property . . . things, assets, real estate . . . that are owned together with other people are not probate property. Also, anything held in a Trust is not probate property, and accounts with a beneficiary designation . . . insurance policies, IRA’s . . . are not probate property.

A Last Will and Testament MUST be kept up-to-date to be effective. It is extremely important to remember that a Last Will and Testament can only be created while the Principal person . . . also known as Testator . . . is still CONSCIOUS and NOT mentally incapacitated. A person needs to review his or her Will on a regular basis to make sure that the provisions provided for are still current and applicable. Confirm that the persons named in the Will . . . Executors, also referred to as Personal Representatives . . . are still able, healthy, and willing to undertake the responsibility and tasks of this very important position. Bequeathing property that was sold years ago can only serve to confuse the heirs who may not know that it was no longer owned by the person who made the Will, it may cause discontent, squabbles and distrust amongst the heirs searching for property that no longer exists.

A Last Will and Testament will NOT avoid probate. Administration of a person’s estate is overseen by a Commonwealth of Massachusetts Probate Court in the county where the person last resided before his or her death. This is required for many reasons . . . to keep the Executors honest, to ensure that all property is passed to the decedent’s intended devisees, to make certain that title to real estate and motor vehicles pass in a chain of title that gives proper ownership to the next legitimate holder of the property and to avoid more legal fees and costs if that property is incorrectly or illegally acquired.

A Last Will and Testament will NOT go into effect until the death of its maker. If a person becomes disabled, unconscious, or mentally incapacitated, he or she should have in place documents that name trusted persons to make the decisions they are not able to make for themselves. Two such documents are called a Health Care Proxy with Advance Medical Directives and a Durable Power of Attorney. Again, It is extremely important to remember that these documents can only be created while the person . . . also known as the Principal . . . is still CONSCIOUS and NOT mentally incapacitated. These documents can be used to name an Agent, also referred to as a Personal Spokesperson, to make health and/or financial decisions that the disabled, unconscious, or mentally incapacitated is unable to articulate for them self.

A Last Will and Testament will NOT ensure agreeable behavior among heirs. It is not unusual for families to bicker, fight, and have conflicts following the death of a loved one. A Will gives a simple message to the heirs how the assets are to be distributed; it cannot prevent squabbling and discontent. A properly written Will may prevent legal proceedings, costs, and delays if an omitted heir is specifically spelled out in the document. Creating a Trust, in addition to a Last Will and Testament, may better serve the blended family . . . children from previous marriages . . . if the basic needs of the current spouse is first provided for, and then ultimately the person’s own children. Many legal objections, costs, and delays can be avoided if the person speaks to and gives a brief overview to the heirs as to how he or she has designated certain property at death and how he/she wishes the heirs to behave . . . there are no guarantees, however!

Check list to avoid problems:

Create a Last Will and Testament -

Review it on a regular basis to make sure it is current
Create a Health Care Proxy with Advance Medical Directives –
Make sure it contains language allowing your appointed Agent to discuss your private medical information (in accordance with the Health Insurance Portability and Accountability Act “HIPAA”)
Review it on a regular basis to make sure it still meets your wishes
Give a copy to each of your named Agents, your Primary Care Physician, and bring it with you when you enter the hospital for any type of procedure
DO NOT CREATE A NEW HEALTH CARE PROXY EACH TIME YOU GO TO THE HOSPITAL, BRING THE ONE YOU HAVE ALREADY CREATED WITH YOU.

Create a Durable Power of Attorney - Review it on a regular basis (it CAN become STALE if it is older than 6 – 12 months)

Show it to ALL your banking institutions to be certain that they will accept it

Talk to a trusted Attorney -

Review title to all of your property
Discuss if creating a Trust best protects you and or your family

Talk to your family about -

Where you keep your legal papers (in a fire and water damage protected location)
What property you recently sold
Where to find your present property
Who you have named as your Personal Representatives
Explain to ALL of your family, not just your Personal Representatives, how you want the last moments of your life to be handled

Attorney Patricia Bloom-McDonald is an Elder Law and Estate Planning Attorney.
You may reach Attorney Bloom-McDonald with questions or comments at:
781-341-0099 ● 508-636-6097