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General for Elders

Friday, April 8, 2022

Planning for Incapacity


Last month, we introduced our year-long project to organize our estates.  How did you do? Did you check all the boxes?  As with most projects, sometimes getting started is the real goal, so give yourself a gold checkmark if you did anything to start getting your estate in order. 

This month, it is time to make sure we have legal documents in place to protect in case we become unable to make or communicate significant decisions about our healthcare or our finances.

Years ago, I had a potential client whose daughter called my office several times to make appointments for him to get his estate planning documents prepared.  As each appointment time approached, he called my office to cancel.
Read more . . .


Thursday, March 31, 2022

Advance Directive for Healthcare

Adults, those persons who are over the age of 18, are presumed to have the legal right to make their own healthcare and safety decisions.  However, in the event that an adult cannot make or communicate healthcare decisions, there should be legal documents in place to allow someone to be a healthcare surrogate decision maker.   In Georgia, an adult who is able to understand what s/he is signing, can nominate an agent to make healthcare decisions for her/him for the time when s/he is not able to make such decisions.  The primary document for nominating that person is called an advance directive for healthcare. 

What is An Advance Directive for Healthcare?

An Advance Directive for Healthcare is a document in which you nominate an Agent to make healthcare decisions for you if you are not able to make or communicate those decisions for yourself.


Read more . . .


Wednesday, February 10, 2021

Estate Administration Basics

What should you do when a loved one dies? How and when does the estate get administered?

Administration is defined as Court-supervised distribution of an estate during probate. Also used to describe distribution process for a trust. Probate means proving the will, but it can also be used to indicate a court process to handle a deceased person’s estate.

When a loved one dies, there is often confusion and panic about what legal and financial steps should be taken by survivors.  There may be little information about the finances of the decedent, and spouses or children are left to sort through what may seem like a never-ending mass of papers.


Read more . . .


Wednesday, March 18, 2020

Preparing Older and Sick Loved Ones for Flu and Coronavirus

While we don’t believe that anyone should panic, we do want to encourage anyone with older or immuno-compromised loved ones to be prepared.

The CDC is encouraging everyone to have extra food and supplies on hand, in the event of sudden closures or quarantines. Please take the time to check on any seniors or people in your life who are ill/disabled to see if they need help getting things together. 

Key items to gather include:

  • Prescriptions and any over-the-counter medications

  • Those with breathing problems should ensure that any devices they use (nebulizer, oxygen) are working properly and they have enough medication on hand to power any devices.

  • A two-week supply of food

  • Drinks with electrolytes in the event the flu or another illness is contracted

  • Nutrition drinks such as Ensure for seniors

  • Lysol, disinfecting agents, and anti-bacterial soap

  • Extra toilet paper

  • Pet food for at least two weeks

  • Adult diapers, feminine products, and any other necessary supplies

Finally, it’s a wise idea to make copies of your loved one’s insurance cards and make sure that you can put your hands on any Powers of Attorney and Healthcare Directives that would allow you to legally communicate with doctors and make financial and medical decisions on your loved one’s behalf.


Read more . . .


Tuesday, March 17, 2020

THE CORONAVIRUS (COVID-19) AND RESIDENTS OF ASSISTED LIVING AND SKILLED NURSING FACILITIES

As I write this, there have been two cases of COVID-19 identified in the Atlanta, Georgia area.  One of the victims recently returned from a business trip to Milan, Italy, where the outbreak of COVID-19 has reached over 2500 cases.
 
The death toll in the U.S. as of the morning of March 4, 2020, is 9, and the number of identified cases is more than 100.


Read more . . .


Friday, February 7, 2020

Could Your Bad Estate Plan End Up as The Plot of a Book?

My favorite hobby is reading and I try to combine my love of reading with my profession of estate planning.  The plots of some of my favorite books are about dysfunctional family relationships complicated by really bad estate planning!

Here are three books I recommend where siblings were torn apart by their parents’ bad estate planning choices.

The Nest

by Cynthia D’Aprix Sweeney

The four siblings of the Plumb family - Leo, Melody, Beatrice, and Jack- are the beneficiaries of a trust fund they call “The Nest” left to them by their father. The terms of the trust provide that the trust assets will be distributed equally to the four siblings when the youngest, Melody, reaches age 40.

When the book begins, Melody is fast-approaching her 40th birthday, and each of the siblings is anxiously awaiting the distribution that could solve their self-inflicted life problems.


Read more . . .


Wednesday, December 4, 2019

How to Have A Family Conversation with Aging Parents at the Holiday

Happy Holidays! 

 Is It Time to Have a Conversation About Long-term Care with an Aging Parent?

Like many families, mine is scattered all over the United States.  Work and other commitments make it difficult to visit distant loved ones more than a few times a year.  When visiting, it is hard to gauge the health and safety of family members because they are often not going about their normal daily activities. 
A few years ago, while visiting my dad in Oregon, I noticed that there was something not quite right with him.  He was repeating himself and telling stories about his history that I was pretty sure were not true.

Read more . . .


Monday, November 11, 2019

Podcasts for Caregivers

There are not enough hours in the day – a familiar phrase I mutter to myself while trying to accomplish the items on my ever-expanding to-do list.  That phrase may really be true for those caring for a family member with disabilities. 

Although I haven’t found a way to add hours to my day, I have found ways to extend the time available for learning new things.  I’ve discovered that I can listen to podcasts and books while doing tasks that require my physical -but not necessarily my mental – presence. 

I listen to podcasts when I’m running, doing laundry or cooking, or while I’m wandering around Trader Joe’s picking up groceries.


Read more . . .


Friday, August 17, 2018

What it means to be a healthcare surrogate

When nominated to become a surrogate healthcare decision maker for someone, you may be asked to make decisions about what healthcare procedures and care will be appropriate for someone other than yourself. You will only be asked to make healthcare decisions if the person is not able to make or communicate those decisions.  you may have to decide what medical care the person would want without ever having discussed the issue with them.

In general, as a healthcare surrogate you will have the right to:

  • Make choices about all medical care for the person, to include surgery, medical tests and pain management.

  • Make choices about where the person will receive treatment

  • Take legal action in order to have the person’s wishes honored

  • Apply for insurance, including Medicare and Medicaid for the person


Read more . . .


Monday, June 26, 2017

The Four Most Important Legal Documents You Will Need to Manage Your Aging Parent's Affairs

To help your parents get their affairs in order, you should first make sure that you or someone trustworthy has the legal ability to manage your parent’s affairs.  This article is a guide to the four fundamental legal documents you and your parent may need in order to get financial affairs in order.



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Thursday, June 22, 2017

How Safe is My Mother from Financial Exploitation?


 

Jennifer’s 80-year-old mother seemed to be running low on funds every month.  By the end of the month, she had no money for groceries.  Jennifer had helped her mother with a budget, so she thought her mother had plenty of money to make it through each month.  When she asked her mother to allow her to look at her bank statements, though, Jennifer discovered a series of automatic debits to several companies she did not recognize.  It turns out, her mother had signed up for monthly book delivery clubs, as well as recurring magazine subscriptions for magazines Jennifer knew her mother did not read.
Read more . . .


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The Elrod-Hill Law Firm,LLC assists clients with Estate Planning, Veterans Benefits, Medicaid, Elder Care Law, Probate, Special Needs Planning and Pet Trusts in the North Atlanta area including the counties of Dekalb, Gwinnett and Fulton.



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