Clinton Elder Lawyer’s Advice: Create a Personalized Healthcare Directive

By Ronald Morton | Leave a Comment

When a Clinton elder lawyer’s clients enter a hospital or other medical facility, they have the peace of mind that comes from knowing their healthcare wishes will be made clear to the staff.  This is because the attorney and the client were able to sit down and go through various situations and scenarios to put together a personalized healthcare directive.  When you don’t have one of these in place, the hospital will likely ask you to use their forms to create something similar.

While it’s better to fill out their form than to have no healthcare directive at all, it’s important to remember that it will not be personalized to fit your needs.  When the hospital or other institution puts their forms together, they do so for a wide, unknown audience.  The topics covered will be those which the hospital (or its lawyers) find important, rather than those which are meaningful to you and your family.

Basically, this document is where you name the person that you want to make medical decisions should you become unable to do so yourself.  Oftentimes, this person is a spouse, but if you are unmarried or simply want to appoint someone else, then a healthcare directive is especially important.  Remember that if you don’t assign the role, the legal system will do so for you, choosing a “close” blood relative, such as your adult children (or your parents, for younger folks) to make the medical decisions you are unable to make at the time.

Provide Guidance about Your Wishes

Your Hinds County elder lawyer will not only have you appoint someone, he or she will also help you to make many medical decisions in advance.  By recognizing potential medical situations and declaring your wishes, you can lessen the burden for the individual who will ultimately be responsible for your care.  For example, what are your feelings about life-sustaining measures such as feeding tubes and respirators?  Are there situations in which you would want these used and/or situations where you would not?

This is also a good place to make any religious or cultural restrictions known.  For example, some groups do not agree to have blood transfusions performed.  If this is the case for you, then your healthcare directive would be the place to make it known.  Ideally, you would discuss your thoughts and decisions with the person you have named so that he or she is aware of your feelings and can use that understanding to guide him or her if other circumstances were to happen.  Obviously, your healthcare proxy won’t cover every potential situation, so it’s beneficial for the appointed person to have a good understanding of your beliefs in order to make decisions which are in alignment with what your wishes would be.

Important to Remember

If you have gone through the effort to work with your Hinds County elder lawyer to create your personalized health care directive, make sure that it isn’t undone by filling in one of the generic healthcare proxy forms at the hospital.  If you use their form, you can negate the one you created with your attorney.

Families are Primary Long Term Care Providers

By Ronald Morton | Leave a Comment

The American Association for Marriage and Family Therapy states that “more than ever before, families are providing long-term care to older adults with limitations in the ability to perform tasks necessary for independent living. Nearly 25% of American households are providing care to people age 50 years and over.  The Jackson, Mississippi metro are is no exception.  Families are the alternative foundation for a stressed healthcare system. Hospital stays are shorter than ever and family caregivers are often expected to do what healthcare professionals once did.”

Family caregivers in Mississippi take over various responsibilities for their elders.  It may be just handling finances, running errands, going to doctor appointments or taking on full 24 hour care services.  In most cases one sibling in the family will become the main caregiver, but most successful ventures are supported by the entire family.  Many times this duty falls on the child who lives in the same city, such as Jackson, Mississippi.  More frequently than not, it is the oldest daughter.

There is a saying that it takes a village to raise a child.  This may be true, but it takes a family to care for an aging parent.  As seniors lose physical and cognitive function they become vulnerable and unable to manage their own care.  Who better to know their needs and desires than their own children.  Even if professional care givers are providing services, family involvement makes the difference in quality of life for their parents.

“If one family member has been designated caregiver other members can give support with respite care, transportation to doctors, etc., everyone needs to be aware of all that is needed and be in total agreement to do it.”  “The 4 Steps of Long Term Care Planning”

Experience has shown that even families that are close can quickly grow angry, jealous and hostile towards each other when an aging parent begins to need long term care. If a sibling moves into the parent’s home, others can easily be suspicious of ulterior motives and fear to lose their inheritance. On the other hand, the child doing the entire care taking becomes bitter and feels there is no support or help from siblings.

One example of a family misunderstanding is that of a brother accusing his sister of stealing all of the money from the sale of his parent’s home.

Karen, who was a single mom with two children, moved in with her parents when her father had a stroke to help her mother take care of him. Her mother was also disabled. Needing money to pay for a home care service, Karen helped her mother do a reverse mortgage on the home, which gave the needed funds. If communication had been open and Karen’s brother had known the need and been involved with his parents care, he would not have reacted so negatively when he eventually found out about the reverse mortgage.

Every family is different. Some families are close and some have never been compatible. If your communication is strained, consider having a professional mediator present at a family meeting. The mediator will be able to keep things calm and running smoothly and help work out each persons concern.

Family matters.  The experience of working together for their parents care can give aging parents and family members a peaceful, memorable experience.

CLASS Act Casualty of “Fiscal Cliff” Deal

By Ronald Morton | Leave a Comment

The final budget deal Congress passed to avert the “fiscal cliff” repeals a long-term care insurance program that would have helped keep the elderly and disabled out of nursing homes and off the Medicaid rolls.  In its place, the budget bill establishes a commission to come up with an alternative plan to make long-term care available for those who need it.

The Community Living Assistance Services and Supports (CLASS) Act, part of the health reform bill and Sen. Edward M. Kennedy’s final legislative legacy, would have established a voluntary national long-term care insurance program offering basic help for the elderly and disabled. Employees who wished to participate would have paid into it, much like they pay into Social Security, and would have received a modest daily benefit if they required long-term care.

The Obama administration suspended implementation of the CLASS Act in October 2011 over concerns that the program could not be self-supporting, but the administration had resisted calls to repeal the law, hoping that changes could make it financially viable.

But the administration’s resistance ended during negotiations over legislation to avert higher tax rates for all Americans.  According to The New York Times, repeal of the CLASS Act was one of the “sweetener” provisions thrown in by both parties to attract votes.  The Times notes that Senate Republican leader, Mitch McConnell (R-KY), who was an architect of the budget deal, had criticized the CLASS Act, saying it was “destined to fail in the real world.”

But reportedly at the insistence of Sen. Jay Rockefeller, (D-W.Va.), the measure establishes a 15-member Commission on Long-Term Care that is to recommend legislation in about six months.  (The Commission’s mission and powers are described beginning on page 120 of the budget bill.)  The Commission will be a bipartisan body consisting of members to be appointed by the President and congressional leaders within one month of the budget bill’s enactment.  Members will represent the interests of the elderly, consumers of long-term care services, family caregivers, private long-term care insurance providers and employers, among others.

Elder Care Law in Hinds County Offers Important Strategies for Dementia Patients

By Ronald Morton | Leave a Comment

Elder care lawyers in Hinds County and surrounding areas work with families to prepare for any number of situations in the estate planning process.  One circumstance which is especially relevant to elder care law is dementia.  After all, Alzheimer’s and other forms of dementia are almost exclusively conditions which appear or worsen with age.

Along with the emotional turmoil on the patient and family members, dementia also takes quite a financial toll.  Alzheimer’s and related illnesses are typically degenerative, progressing slowly over time, while requiring considerable medical and personal care.  Elder care lawyers in Hinds County, Mississippi have experience helping clients create plans which provide for both the medical and the quality-of-life aspects of these expenses.

Of course, early planning is of utmost importance.  If it is suspected that you or a family member is developing Alzheimer’s, estate planning and other provisions should be arranged with an elder care lawyer as soon as possible.  A dementia patient’s mental capacity will decline, and in order for predefined wishes to be followed, his or her current capacity cannot be in question.  Getting started as soon as an issue is suspected is one of the best ways to ensure having the greatest say in the future.

Because of the progression of the disease, some of the most important decisions to be made are those of a medical nature.  For example, a “health care power of attorney” needs to be drawn up to designate a trustworthy person to make medical decisions for the patient when he or she is no longer able to do so.  If this person is not chosen in advance, it is likely the courts will need to appoint one at a later date.  Again, taking care of this issue with an elder care lawyer in Hinds County, Mississippi now means that you have more control over what happens later.

Asset protection is another major concern for dementia patients here in Hinds County, Mississippi.  The physical progression of Alzheimer’s can take many years, while the mental progression may be much faster.  This means the individual may require specialized care (including monitoring, nursing, and other personal needs) for a very long time, therefore depleting existing finances.  Learning how to maximize the value of assets now can vastly affect the quality of care one can afford later, and the funds available to other family members who depend on the sick individual, such as a spouse or disabled child. Without careful planning with a Mississippi elder care attorney, the individual’s illness can easily leave the entire family in poverty.  There is also concern regarding estate planning, as the costs associated with dementia can easily wipe out any potential inheritance unless the proper plans have been put into place.  Consultation with a qualified elder care attorney in Mississippi, such as a Mississippi Certified Elder Law Attorney, can show you and your family the options that are available to you.

When it comes to elder care, it makes good sense to seek a qualified attorney in Hinds County, Mississippi who can help navigate the ins and outs of the system as it relates the special needs of those with Alzheimer’s and other forms of dementia.  If you are ready to get started, simply call our Clinton estate planning and elder law firm and ask to schedule a complimentary Legacy Planning Session with the mention of this article.

Financial Planning for an Alzheimer’s Patient

By Ronald Morton | 1 Comment

Alzheimer’s not only affects the individual and his/her family, but their finances as well. A recenbt article lays out some planning methods to carry out once an individual has been diagnosed with Alzheimer’s. The Alzheimer patient needs a team of individuals to help make sure their planning goes the way they intended. A certified Elder Law Attorney and a Certified Financial Planner are some of the individuals that need to be involved in helping make sure the Alzheimer patient’s planning goes according to plan. See here.

Frequently Overlooked Estate Planning Tool: Prenuptial Agreements

By Ronald Morton | Leave a Comment

In addition to more traditional estate planning documents like wills and trusts, a prenuptial agreement can be another estate planning tool. These agreements are not only for the rich and famous.  Anyone getting getting married who has already accumulated a separate estate should consider executing a prenuptial agreement prior to marriage. This document can help protect your family during death or divorce by providing certainty and predictability should one of those events occur. Fro a good article on the subject, see here.  While not the most romantic pre-marriage conversation, for couples on their second marriage, it is a conversation worth having, especially if one spouse has children from a prior marriage.  Without a prenuptial agreement, the death of one spouse may result in many if not all of the deceased spouses assets being paid to the survivor, to the complete exclusion of the dead spouses children.  Conversely, the death could result in the lion's share of the estate being paid to the children, even though the plan was for those assets to support the surviving spouse during his or her remaining lifetime. 

Transfers to Spouse Not Presumed to be under Undue Influence

By Ronald Morton | Leave a Comment

The Mississippi Supreme Court has ruled that a lifetime transfer of property to a spouse is not presumed to be because of undue influence.  Typically, the law provides that transfers of assets to a person with a confidential relationship to the giver are presumed to be due to undue influence by the reciever.  So, for example, when a parent gives the majority of their wealth to their caregiver child, to the exclusion of their other children, the excluded children can claim that the caregiver child influenced the transfer.  Because the caregiver child is in a confidential relationship with the giver, the presumption is that the transfer is the result of undue influence.  That presumption then, must be overcome by evidence from the gift reciever that the gift was made of the giver's free will, and not the result of undue influence. In the case of  Langston v. Williams however, the giver was not a parent, but a spouse.  The parent later died and the children sued their decedent's spouse.  The Court held that, in the case of transfers between husbands and wives, there is not an automatic presumption of a undue influence, despite the existance of a confidential relationship.  This brings the state's rule in line with the rule for testamentary gifts as well.  So, where a challenge is made against the spouse of a giver, whether the gift is by will or lifetime transfer, the burden falls on the person challenging the transfer.  No presumption arises against a spouse.  But, that does not mean that a gift made under undue influence cannot be reversed, merely that the burden of proving it is on the challenger, not the spouse gift recipient. 

The elderly and disabled could face detriment to their future care over the next decade due to President Obama’s proposed Medicaid reductions.

By Ronald Morton | Leave a Comment

President Obama is proposing to save the federal government $100 billion over the next decade by making changes to the way the federal government aids states to pay for their elderly and disabled. This proposal in the end could lead to the states cutting back on services that they provide to the elderly and disabled, because of the cutback from the federal government. See here.

Parents with special needs children must prepare for their future

By Ronald Morton | Leave a Comment

Parents with special needs children must take the necessary precautions in planning for their future care.  To plan for a special needs child’s future care, parents need to make sure they plan their estate accordingly. If parents do not execute an estate plan, a special needs child receiving social security income (SSI) could lose their benefits if they receive inheritance money or any other gift. However, if parents take the necessary steps in planning their estate, the special needs child will receive their inheritance without losing any benefits. See here.

Mississippi to Lose Stimulus Funds for Medicaid

By Ronald Morton | Leave a Comment

The often criticized $830 billion economic stimulus package passed by the Obama administration in 2008 provided, among other things,  bonus reimbursement payments for state Medicaid programs.  The additional funding was conditioned upon the states not reducing their already existing coverage, and under the program, Medicaid particiaption rose dramatically.  It is estimated that the total bonus reimbursments paid to states during the stimulus package, and the additional 4 month $16 billion extension of it, will exceed $100 Billion. 

Medicaid is a partnership between states and the Federal Government, with the federal obligation ranging between 50 and 74% of the total cost.  Mississippi receives the highest Medicaid reimbursement rate in the country, at 74.73%.  As a result of the stimulus package, Mississippi's reimbursement rate rose  to 84.9%.  That 10%  bonus Medicaid reimbursement ended June 30, 2011. It is unclear what Mississippi, whose governor has was extremely critical of the Obama administration's spending policies when he appeared to be a possible presidential candidate, will do to make up this multimillion dollar shortfall.