Garland Law Offices, P.A.

Elder Financial Abuse Risk Increasing for Seniors Isolated by Pandemic

“Each year, senior citizens lose billions of dollars to financial fraud, with the loss to individual victims averaging tens of thousands of dollars.”

The extended isolation and loneliness during the coronavirus pandemic is creating the perfect storm for financial exploitation of seniors, who are unable to visit with family members and friends, reports Fredericksburg Today in the article “SCC urges awareness of investment fraud among seniors due to increased pandemic isolation.” The unprecedented need to forgo socializing makes seniors who are already at risk, even more vulnerable.

In the past, scammers would deliberately strike during a health crisis or after the death of a loved one. By gathering data from obituaries and social media, even establishing relationships with support and social groups, scammers can work their way into seniors’ lives.

Social distancing and the isolation necessary to protect against the spread of the coronavirus has left many seniors vulnerable to people posing as their new friends. The perpetrators may not just be strangers: family members are often the ones who exploit the elderly. The pandemic has also led to changes in procedures in care facilities, which can lead to increased confusion and dependence for the elderly, who do not always do well with changes.

Here are a few key markers for senior financial abuse:

• A new friend or caregiver who is overly protective and has gotten the person to surrender control of various aspects of their life, including but not limited to finances.
• Fear or a sudden change in how they feel towards family members and/or friends.
• A reluctance to discuss financial matters, especially if they say the new friend told them not to talk about their money with others.
• Sudden changes in spending habits, or unexplained changes to wills, new trustees, or changes to beneficiary designations.
• Large checks made out to cash, or the disappearance of assets.
• Signatures on checks or estate planning documents that appear different than past signatures.

Not being able to visit in person makes it harder for family members to discern what is happening.  However, there are a few steps that can be taken by concerned family members. Stay in touch with the family member, by phone, video calls, texts or any means possible. Remind loved ones that scammers are always looking for an opportunity and may try to exploit them during the pandemic.

Every community has resources that can help, if elder financial abuse is a concern. An elder law estate planning attorney will be able to direct concerned family members or friends to local resources to protect their loved ones.

Reference: Fredericksburg Today (June 20, 2020) “SCC urges awareness of investment fraud among seniors due to increased pandemic isolation”

What are the “Six L’s” of Small Business Planning?

“Small-business owners pour their blood, sweat and tears into their enterprises, so it’s no wonder that such dedication can cause a little tunnel vision. In being so focused on day-to-day operations, owners often fail to spend the appropriate time on personal planning.”

Failing to conduct long-term personal planning can create a reality, where a business owner under-insures and underinvests outside her own companies.

Think Advisor’s recent article, “The 6 L's of Small-Business Planning” says that a successful business essentially becomes a security blanket. That’s because business owners don’t adequately prepare for events that could change the course of their financial well-being. It’s critical to address the important events that can disrupt everything personal and business.

Liquidity: If a business owner has to write a big check for some unexpected repairs after a storm, the money must come from somewhere. Small businesses rarely have substantial liquidity, because so much of their capital is tied up in the company. Therefore, a line of credit is the most frequent solution for owners with this situation.  You should instead try to ensure that you have access to cash in the short term, if necessary.

Long-term disability: In many instances, business owners are the main contributors to their small company’s success. If they can’t work, the whole company can suffer. She should have a plan to protect against this scenario. First, it is important to identify who can step into a leadership role for a short time. If the disability is long term, examine the ways in which it might affect the company’s value and succession plan. You can purchase business overhead insurance or policies that offer income replacement. You can also create buy-out agreements, so key employees can buy out the disabled business owner.

Loss of life: In the event that an owner suddenly dies, you should have life insurance to fund a buy/sell plan. Without a plan, you may become forced to work with your deceased business partner’s spouse.

Long-term care: Baby boomers with business wealth may wonder what will happen if they need significant medical care, which is a legitimate concern. There’s an additional consideration: the elderly parents of business owners. If an owner steps away to help provide care for an ailing parent, the potential disruption to the company may be significant. Look at where the capital is going to come from, to offset the cost of long-term care for family members, because you don’t want a forced liquidation of business assets.

Longevity: Consider the impact to the company, if the owner has an unusually long life. This should include an examination of how that person’s role will change and who will succeed them through phases of potentially decreasing interest and capacity.

Legacy/legal: Look at what the business owner envisions as her legacy for the future. There are numerous types of trusts, gifts and legal vehicles can be used to help make certain that the business won’t be ruined by taxes, when ownership is passed to the next generation. Talk to an estate planning attorney about doing this the right way.

At each annual business review, review your plans to see if they can still be effective responses to the six Ls of small business planning.

Reference: Think Advisor (May 28, 2019) “The 6 L's of Small-Business Planning”

What Do You Get For the Caregiver in Your Life?

“What do you give to the one who gives so much to another?”

During the holidays, your already busy schedule can get so much busier, when looking for that perfect gift for family and friends. Some people enjoy gift giving and the whole shopping experience, while others avoid it along with the holiday crowds by cyber shopping. Either way, you may have a family caregiver on your list.

In its recent article, “5 Gifts To Give a Family Caregiver This Holiday Season,” The Good Men Project reminds us that family caregiving quickly becomes a never-ending day of to do’s for the sake of another person.

Caring for a family member involves an exhaustive amount of paperwork, and an equally exhaustive amount of time coordinating all the financial crunching and logistical planning. At the same time, the caregiver’s own life and responsibilities still need to be addressed.

Take care of a chore. A caregiver may not have time to arrange for some of the basic chores around that house. You could pay for a lawn service, snow removal, meal delivery or an oil change. Be creative and  thoughtful. You might even do these chores yourself!

Hire an elder pro. With caregiving, the idea that “knowledge is power” takes on a significant role. An hour with an elder attorney, insurance specialist, or geriatric specialist can assess where the patient is now and how to help them plan for the future—that’s an invaluable gift that keeps on giving.

Professional Respite. Not everyone qualifies for this, unless they meet the eligibility factors. Even if you do qualify, funding and availability can be scarce. Call a home health agency and ask them if they’re willing to create a respite package, that would include a block of weekly respite visits.

Gift card.  It is a bit impersonal, but it’s like a tiny nugget of indulgence that a caregiver rarely gives themselves hidden away for a special day.

Your time. Caregiving can be an extremely isolating experience. So get over there and remind that person that they are so much more than a caregiver. They are someone worthy of your most valuable resource–your own time.

Reference: The Good Men Project (December 12, 2018) “5 Gifts To Give a Family Caregiver This Holiday Season”

What Can Tim Conway’s Demise Can Teach Us About Elder Law?

“To avoid family squabbles later, think hard now before giving a loved one decision power over your finances and your health.”

Comedian Tim Conway was hilarious in his comic skits on The Carol Burnett Show in the 1970s. One of his comedy classics featured his ad-libbing and out-of-turn laughter in a famous skit, where he plays a hapless dentist with Harvey Korman as his patient. America loved Tim Conway.

Kiplinger’s recent article, “Choose Agents for Power of Attorney, Health Care Proxy Carefully” reports that the 84-year-old Conway was in the headlines recently for vastly different reasons. When he was incapacitated by dementia, his family fought over his care. One of Conway’s daughters from his first marriage and his second wife battled in Los Angeles probate court for his sole conservatorship.

Conway’s case illustrates that as more adults age with blended families in charge of their care, family disputes over decision-making authority are increasing. A person’s second spouse may be listed as health care proxy or the agent under the power of attorney. However, that doesn’t mean the adult children from the first marriage—who may have hard feelings—won’t start a legal challenge.  Siblings with different opinions on the costs and quality of care also may want to find a way to take control. This may result in a judge appointing a guardian or revoking a relative’s authority. This can only mean more resentment and more legal bills.

Families can avoid the time and expense of litigation, by attempting mediation of the problem before going to court. A geriatric care manager or a social worker can assess a loved one’s care needs and offer a professional opinion to assist a family looking for a solution. There are also other strategies you can try to avoid a fight.

To begin with, choose carefully when you give a person decision-making power over your finances and your health. It’s best to select a person who’ll try to get you the best care possible and not worry about their inheritance. A child with financial problems might not be the right choice for your financial power of attorney. For seniors living alone, there are of care-management agencies that will act as agents for a fee. However, make certain that you understand the fees and costs involved.

Once you’ve designated an individual as your health care proxy, have a conversation with them about why you selected them.  You should be specific about what type of care you want to receive.

You can also guard against a potential battle, by adding terms in your will that say if your children unsuccessfully challenge your choice of agent or health care proxy, they could have their inheritance eliminated or reduced.

Reference: Kiplinger (November 29, 2018) “Choose Agents for Power of Attorney, Health Care Proxy Carefully”

Do you Plan to Be Your Parents’ Caregiver? Is That What They Say?

“Adult children don’t always know their parents are planning to have them as caregiver.”

MarketWatch recently published the article entitled “Not expecting to be a caregiver? You’d better check that with your parents”, noting that the caregiving expectations between parents and their children can be misaligned, leading to disaster for everyone.

In many instances, parents have no one to help them in the house or bring them to appointments. Those adult children who do help their parents may save less for their futures as they help pay for their parents’ care and, in some cases, may cut back on work hours or leave a job altogether. Even worse, these discussions may not take place until it’s too late.

According to a survey by Bay Alarm Medical, some 55% of parents say that their children will be the ones caring for them, physically or financially, as they age. However, not all children agreed with that or knew about it. Parents are more likely to lean on their daughters (and expect that of them) than their sons — about three and a half times more so, according to a 2006 study on mothers’ expectations of caregiving by their children. That’s because they usually rely on the children they believe are closest emotionally.

 However, like many money and final year-type topics, families don’t talk about this because they’re uncomfortable or private. Parents will keep their finances hidden and sometimes forget or avoid (or just don’t know how!) telling their children what they expect in their old age. This could mean a disappointed parent or one without the proper plan to fund their care. Children bear the brunt financially, if they become their parents’ caregiver without planning. They may not pursue specific careers because they have to move back home, or they won’t put more money in retirement savings because they think they’ll need liquidity for when their parents’ health deteriorates.

Communication is critical on the topics of caregiving and estate planning. Start these discussions with the whole family together and create a list of questions or concerns.

Some siblings may only be able to provide financial assistance—like paying the bills, coordinating insurance, or using funds from their own savings accounts. Have a conversation among the siblings separately and assign a lead person, if not everyone is available to help the parents.

Reference: MarketWatch (February 21, 2018) “Not expecting to be a caregiver? You’d better check that with your parents”

ERs Help Fight Elder Abuse

“Abuse often leads to depression and medical problems in older patients—even death within a year of an abusive incident.”

Those subjected to emotional, physical, or financial abuse often are silent. That makes identifying victims and intervening, a real challenge for doctors and nurses, according to the USA Today’s recent article, “Elder abuse: ERs learn how to protect a vulnerable population.”

ER visits may be the only time that an elderly person leaves his or her home.  Therefore, ER staff  can be a first line of defense, remarked Tony Rosen, founder and lead investigator of the Vulnerable Elder Protection Team (VEPT). It is a program launched in April at the New York-Presbyterian Hospital/Weill Cornell Medical Center ER.

The most frequent types of elder abuse are emotional and financial.  However, when one form of abuse exists, the others are also present. A recent New York study found that as few as 1 in 24 cases of abuse against residents ages 60 and older were reported to authorities.

The VEPT program includes several Presbyterian Hospital emergency physicians. The three doctors and two social workers rotate being on call to respond to signs of elder abuse. They also have access to psychiatrists, attorneys, radiologists, geriatricians and security and patient-services personnel.

“We work at making awareness of elder abuse part of the culture in our emergency room by training the entire staff in how to recognize it,” said Rosen. It’s easy for the ER staff to alert the VEPT team and to begin an investigation, he said.

As part of the program, a doctor will interview the patient and conduct a thorough physical exam. They look for bruises, lacerations, abrasions, areas of pain and tenderness. More tests are ordered if the doctor suspects abuse. The team is trained to look for specific injuries, like radiographic images that show old and new fractures. This may suggest a pattern of multiple traumatic events, and specific types of fractures may indicate abuse,  such as mid-shaft fractures in the ulna, when a person holds his arm in front of his face for protection.

If signs of abuse are found, but the patient won’t cooperate in getting help, a psychiatrist is asked to judge the senior’s decision-making capacity. They offer resources, but can’t do much if the patient isn’t interested. Patients in immediate danger and who want help, or who don’t have capacity, may be admitted to the hospital and placed in the care of a geriatrician, until a solution is found. Adult Protective Services won’t get involved, until a patient has been discharged. Therefore, hospitalization can play a vital role in keeping older adults safe.

The team’s goal is to optimize acute care for these vulnerable victims and to ensure their safety.

Reference: USA Today (August 27, 2017) “Elder abuse: ERs learn how to protect a vulnerable population”

How You Can Use Technology to Aid in Your Long-Distance Caretaking

Though being able to care for a loved one on a day-to-day basis in person may be the ideal setup, many of us must take care of our seniors while living many miles away. Lucky for us, long-distance caretaking is now easier and more effective than ever thanks to an array of technological advancements. Here are some tips on how you can use technology to be a better long-distance caretaker.

 

Monitor your loved one’s health with a wearable device

 

When you hear the term “wearable device” you likely think of a smartwatch - something that allows someone to receive phones calls, check their calendar, and access social media from their wrist. But wearables have a special role to play in elder care. Many devices can track seniors’ health - heart rate, blood pressure, sleep patterns, and more - and can display these vitals via a smartphone app. Devices like the FitBit can work for this, but there are plenty of speciality devices made for long-distance senior care. Check out some of the newest devices here.

 

Monitor their activity with an in-home camera system

 

If your loved one is comfortable with giving up a little bit of privacy, you can monitor their activity inside the home with a camera system like the Nest Cam. This high-tech device not only provides live streaming video, but also automatically records everything it sees. You can set up a companion mobile app to notify you of any activity on the camera as well.

 

As Huffington Post points out, this is quite a bit of privacy to give up, however. If this is a bridge too far, you can try less-intrusive forms of monitoring like sensors that attach to items like medication containers, doors, cabinets, etc. and notify you of activity via a mobile app. This way you can know if your loved one is taking medication too often or hasn’t left the house for an important appointment.

 

Hire services for them from afar

 

You don’t have to be in the same city as your loved one to use apps to hire services for them. The obvious app of benefit here is a ridesharing one like Uber or Lyft, which you can use to schedule rides for your loved one to go to church, the doctor, the grocery, etc. There are other handy apps that deal with specific concerns like pet care. If you need to help your loved one in caring for their dog, for example, an app like Rover connects you with local dog sitters, people willing to board dogs at their home, and even dog walkers who can take the pooch for a 30-minutes stroll around the neighborhood.

 

Check in every day with video chat

 

The next best thing to physically being there with your senior loved one is having a face-to-face chat with them. By seeing them, you can tell so much more about their well-being than you can over the phone. Help your senior set up and teach them how to use one of the many video chat apps out there. Facebook Messenger, Google Hangouts, Skype, and Apple’s FaceTime are all incredibly easy to use and free.

 

Modern technology is helping long-distance caretakers rely less and less on in-home caretaking services. For many independent seniors, a little monitoring goes a long way. It may not be the ideal situation, but you can be sure that your senior loved one is safe and their needs are being met by using the many apps, services, and tech products that are now available and increasingly affordable.

 

Photo Credit: Pixabay.com

 

 

 

 

 

Sweepstakes Scammers Prey on the Elderly

“They do not consider a lurking danger in this: the sweepstakes entry forms ask for your identifying information, sometimes even including your date of birth.”

Forbes recently published an article, “Sweepstakes Entries And Your Aging Parent: Know The Danger,” which told a true story about a 91-year-old, "Jenny," who loved sweepstakes. She entered dozens and was very optimistic that many entries would increase her odds of a payday.

Jenny had signs of diminished capacity for a few years, with short term memory loss and confusion. Other than that, she still lived independently in a senior community in her own apartment.

Many seniors fear running out of money because people can outlive their assets and may require expensive long-term care. It is no wonder that so many seniors enter sweepstakes contests to win a jackpot.  However, these lists of contestants have been sold to marketers who target the elderly to sell them things they don’t need. There are no one guarantees of privacy for a person's information, once they enter a sweepstakes.

Jenny received a phone call from the sweepstakes informing her that she’d won a million dollars. She only needed to pay the "transfer fee" of $5,000 and the money was hers. When her daughter discovered this, she was mad. She told her mother that this was a scam, but Jenny was convinced that the man on the phone couldn't be lying.

In Jenny’s case, she still had total access to all her funds. Her children contacted her estate planning attorney, and he drafted a Power of Attorney for her son to thwart transactions temporarily, until they could be reviewed. Jenny was lucky that her family was aware of this issue. Many elders are not so fortunate and part with their cash, only to later discover that their "winnings" are a phony check.

Consider these ideas to keep your elderly loved ones safer:

• Sole trustee. A senior who’s the sole trustee on any family trust should be monitored for signs of memory loss and confusion. Dementia robs a person of judgment. If the trust provides for it, ask your impaired senior to resign from being a trustee and allow a more competent person to assume the duties.
• Successor trustee. If your parent believes she's fine when everyone knows she's not, look at her trust’s language about a successor trustee. You should get legal advice about how to address this situation from an experienced estate planning attorney.
• Check the mail. Sweepstakes entry private information is sold and used for illicit activity. Review your aging parent's mail and spot any entry forms and letters. Your loved one could be putting herself at risk by giving personal information to companies that don’t promise to keep it private.

Have a conversation about finances with your aging parent. It can be tough, but it’s for the best.

Reference: Forbes (July 13, 2017) “Sweepstakes Entries And Your Aging Parent: Know The Danger”

Oregon Passes Law for Quality and Safety in Long-Term Care Facilities

“The bill provides much-needed updates in many areas concerning oversight, penalties, quality and provision of care for individuals residing in licensed care facilities, the agency said.”

The Oregon Legislature recently passed legislation that bolsters quality and safety in long-term care settings. House Bill 3359 provides a comprehensive approach to improving safety and quality in licensed long-term care settings, according to the state’s Department of Human Services.

KTVZ.com in Bend, OR, reports in, “New Oregon law aims to improve long-term care,” that special emphasis was given to the improvement of training for those who care for people with Alzheimer's disease and other types of dementia.

With more than 1,000 Oregonians experiencing abuse in licensed long-term care settings every year, the bill was designed to address a variety of areas.

Oregon HB 3359  requires that administrators of residential care facilities, including assisted living and memory care, must be licensed by an independent board by July 2019. There will be regulations promulgated on the process for this new requirement. The bill also updates amounts and caps for civil monetary penalties for elder or adult abuse and harm within licensed long-term care settings. These caps were set in the 1970s. The legislation increases fines for incidents categorized as serious harm from a maximum of $500 up to $2,500. It also adds new penalties for facilities, specifically a penalty for "failure to report suspected abuse" and "failure to perform corrective action noted during a survey or inspection."

Oregon HB 3359 also updates licensing fee amounts for residential care/assisted living facilities and nursing facilities and authorizes the department to impose an immediate suspension in residential care facilities, when there are critical health, safety, or welfare issues. Previously, there was a 10-day wait for a hearing.

The new law also requires the Oregon Department of Human Services to develop an enhanced oversight and supervision program for residential care facility oversight and requests the development of a technology-based, acuity-based staffing tool for use by providers and Oregon DHS. This tool would let providers determine staffing patterns based on current residents' needs.

The bill establishes a variety of training and certification requirements for care staff in long-term care facilities and adds new safety requirements, licensing options and establishes new quality measurements.

Finally, the bill creates a Quality Measurement Council. This group will have representatives from the Office of the Long-Term Care Ombudsman, Alzheimer's advocacy, elder rights advocate, academics with data/metrics expertise, members of the Oregon Patient Safety Commission, provider associations, and Oregon DHS.

The bill will go into effect, once it’s signed by the Governor.

"The main focus for the Oregon DHS Aging & People with Disabilities program is on the safety of the Oregonians we serve," the news release said.

Reference: KTVZ.com (Bend OR) (July 17, 2017) “New Oregon law aims to improve long-term care”

Hawaii Enacts the Kupuna Caregivers Act

“Hawaii last week passed legislation that will provide working family caregivers with financial assistance to help pay for costs associated with caring for their elders.”

NBC News explains, in the article titled “Hawaii Passes Law to Ease Responsibility of Elder Care,” that the Kupuna Caregivers Act was signed Hawaii Gov. David Ige.  It is the first of its kind in the nation. The Act provides qualified caregivers with a voucher of up to $70 per day that can be used toward services that they would otherwise perform themselves, such as adult day care and assisted transportation.

Elderly care support is usually granted directly to care recipients, but the Kupuna Caregivers Act grants assistance to working family caregivers. These folks can be caring for family members who are above the Medicaid eligibility threshold. Although the grants don’t cover the entire cost of care that families need, it does allow them to provide more hours of in-home care and other services.

The burden of care right now in Hawaii is falling heavily on family members. This is particularly true for those who are referred to as the “sandwich generation”—stuck between the demands of both child care and elder care.

The Kupuna Caregivers Act stipulates that providing long term care for elderly family members without compensation can result in chronic stress. Due to the high cost of institutional care, children of elderly parents may leave their careers to provide the care themselves, the law says. The legislator acknowledged that there is a considerable amount of support that family caregivers who are working full time need to properly care for their loved ones—and not make impossible choices between keeping their jobs and being able to care for their loved ones. If they opt to care for their loved ones and leave their workplace, they also need support to adequately afford and provide good quality care.

Almost a quarter million Hawaiian residents—18.7% of the state’s population—are age 60 and older, says a report by the Center of the Family at the University of Hawaii.

Of those residents, Asian Americans and Pacific Islanders (AAPI) make up over half of the total. AARP finds that Hawaii has roughly 154,000 unpaid caregivers. It’s estimated that 92,400 of those are AAPI caregivers. In the AAPI community, the majority believe they are expected to care for their parents, a recent study found. However, trying to do this without pay can take a toll on caregivers.

The legislature has allocated a budget of $600,000 for the program for the 2017-2018 fiscal year.

Reference: NBC News (July 11, 2017) “Hawaii Passes Law to Ease Responsibility of Elder Care”